2009 FEDERAL LEGISLATIVE REPORT

1. 2009FEDERAL LEGISLATIVE REPORT State Board of Education Nebraska Department of Education March 2, 2009

2. American Recovery & Reinvestment Act • Moratorium on the Medicaid regulations • Title I • Title IID • IDEA • Impact Aid • Vocational Rehabilitation • Stabilization Fund • Other Provisions • Accountability/Transparency

3. MAAPS • The moratorium on final regulations relating to school-based administration and school-based transportation continued until July 1, 2009.

4. Title I • ESEA • $13 billion • Nebraska $47.3 million (estimated)

5. Title I • That each local educational agency receiving funds available under this paragraph shall be required to file with the State educational agency, no later than December 1, 2009, a school-by-school listing of per-pupil educational expenditures from State and local sources during the 08-09 academic year. • That each State educational agency shall report that information to the Secretary of Education by March 31, 2010.

6. Title IID • School Improvement Programs under subpart 1 of Title IID and subtitle B of Title VII of McKinney-Vento ($650 million) • Title IID Nebraska $3.2 million (estimated)

7. McKinney-Vento Funds • McKinney –Vento ($70 million) • That the Secretary shall distribute the McKinney-Vento funds to the States not later than 60 days after the date of the enactment of this Act. • That each State shall subgrant these funds to local educational agencies not later than 120 days after receiving its grant from the Secretary.

8. IDEA • $12.2 billion of which $11.3 billion shall be available for Part B of IDEA. • $400 million shall be available for preschool (3-5 yr. olds) and $500 million shall be available for infant and toddler (B-3 yr. olds).

9. IDEA • Nebraska • IDEA Part B Grant $74.6 million (estimated) • IDEA Part B Preschool $2.3 million (estimated) • IDEA Part C Grants for Infants & Families $2.5 million (estimated)

10. Impact Aid • $100 million expended pursuant to Section 805 • Distributed by Secretary of Education directly to local education agencies • Grants for Impact Aid Construction

11. Vocational Rehabilitation • $680 million in grants to States to carry out Vocational Rehabilitation Services under the Rehabilitation Act of 1973. • The Federal share of the costs of Vocational Rehabilitation Services provided with the funds provided herein shall be 100 percent. • Estimated State Grant to Nebraska $3.2 million ($2.7 million to NDE Voc Rehab; $496,000 to Commission for Blind) • Estimated Independent Living to Nebraska $242,913

12. Stabilization Fund • $53.6 billion shall be administered by the Secretary of Education • Secretary of Education shall first allocate up to one-half of 1 percent to the outlying areas on the basis of their respective needs. • The Secretary may, in addition, reserve up to $14 million for administration & oversight of this title, including for program evaluation. • The Secretary shall reserve $5 billion for grants under Sections 14006 & 14007.

13. Stabilization Fund • Nebraska $286 million (estimated) • Education $234 million (estimated) • Other $52 million (estimated)

14. Stabilization Fund • After carrying out subsections (a), (b), and (c), the Secretary shall allocate the remaining funds made available to carry out this title to the States as follows: • 61 percent on the basis of their relative population of individuals aged 5-24 • 39 percent on the basis of their relative total population. • The Secretary shall make grants to the Governor of each State under subsection (d). • The Governor shall return to the Secretary any funds received under subsection (e) that the Governor does not award within two years and the Secretary shall reallocate such funds to the remaining States.

15. Stabilization Fund • State Uses of Funds • Education Fund • For each fiscal year, the Governor shall use 81.8 percent ($234 million estimated) for elementary, secondary, and postsecondary education and, as applicable, early childhood programs and services.

16. Stabilization Fund-Uses • Restoring State Support for Education • The Governor shall first use the funds (1) to provide the amount of funds through the State’s primary and secondary funding formula that is needed to restore in each of fiscal years 2009, 2010, & 2011, the level of State support provided through such formula in the greater of fiscal year 2008 or 2009; and where applicable to allow existing State formula increases to support elementary and secondary education for fiscal years 2010 and 2011 to be implemented and allow funding for phasing in State equity and adequacy adjustments if such increases were enacted prior to 10/1/08; (2) to provide in fiscal years 2009, 2010, and 2011 the amount of funds to public institutions of higher education that is needed to restore State support for such institutions in the greater of fiscal year 2008 or 2009.

17. Stabilization Fund-Uses • The Governor shall use 18.2 percent of the State’s allocation for public safety and other governmental services which may include assistance for elementary & secondary education and public institution of higher education, and for modernization, renovation or repair of public school facilities and facilities of institutions of higher education.

18. Stabilization Fund • Uses of Funds by Local Educational Agencies • May use the funds for any activity authorized by the ESEA of 1965, the IDEA, the Adult & Family Literacy Act, or the Perkins Act, or for modernization, renovation, or repair of public school facilities that are consistent with a recognized green building rating system. • A local educational agency may NOT use funds for: • Payment of maintenance costs; stadiums or facilities primarily used for athletic contests or exhibitions for which admission is charged; purchase or upgrade of vehicles; or improvement of stand-alone facilities whose purpose is not the education of children. • Rule of Construction: A local educational agency is not to engage in school modernization, renovation, or repair that is inconsistent with State law.

19. Stabilization Fund Applications • The Governor of a State desiring to receive an allocation under Section 14001 shall submit an application at such time, in such manner, and containing such information as the Secretary may reasonably require. • Application shall include: • Assurances described in subsection (d); • Baseline data that demonstrates the State’s current status in each of the areas described in such assurances; • How the State intends to use its allocation including whether the State will use such allocation to meet maintenance of effort requirements under ESEA and IDEA requirements and amount used.

20. Stabilization Fund Applications • Assurances • Maintenance effort • Elementary and Secondary Education support at 2006 level • Higher Education support at 2006 level • Achieving Equity in Teacher Distribution • The State will take actions to improve teacher effectiveness & high qualified teachers. • Improving Collection and Use of Data • The State will establish a longitudinal data system. • Standards and Assessments • The State will enhance the quality of the academic assessments it administers; • The State will comply with the requirements related to the inclusion of children with disabilities and limited English proficient students in State assessments; • The State will take steps to improve State academic content standards and student academic achievement standards. • Supporting Struggling Schools

21. Stabilization Fund – Other Provisions • Prohibition on Provision of Certain Assistance • No recipient of funds under this title shall use funds to provide financial assistance to students to attend private elementary or secondary schools. • Fiscal Relief • For the purpose of relieving fiscal burdens on States and local educational agencies that have experienced a precipitous decline in financial resources, the Secretary of Education may waive or modify any requirements of Stabilization Funding relating to maintaining fiscal effort. • A waiver or modification under this section shall be for any of fiscal year 2009, fiscal year 2010, or fiscal year 2011, as determined by the Secretary.

22. Stabilization Fund – Other Provisions • State Reports • Shall submit a report to the Secretary at such time and in such manner as the Secretary may require that describes: 1) uses of funds provided; 2) how the State distributed the funds it received; 3) the number of jobs the Governor estimates were saved or created; 4) tax increases the Governor estimates were averted because of the funds; 5) the State’s progress in reducing inequities in the distribution of highly qualified teachers, and in developing and implementing assessments for LEP students and children with disabilities; 6) the tuition and fee increases for in-State students at public institutions of higher education; 7) enrollment of in-State students at public institutions of higher education; and 8) description of each modernization, renovation and repair project funded, including amounts awarded and costs.

23. Other Provisions • Qualified School Construction Bonds • QZAB

24. Accountability/Transparency • Recovery Accountability & Transparency Board Created

25. Accountability/Transparency • Any entity that receives funds directly from the Federal government shall not later than 10 days after each quarter submit a Report that contains: • Total amount of recovery funds received; • Amount of recovery funds received that were expended or obligated to projects or activities; and • A detailed list of all projects or activities for which recovery funds were expended or obligated, including: • Name of project or activity; • Description of project or activity; • Evaluation of the completion status of project or activity; • Estimate of the number of jobs created and number of jobs retained by the project or activity; • For infrastructure investments made by State and local governments , the purpose, total cost, and rationale of the agency for funding the infrastructure investment with funds made available under this Act, and name of person to contact with concerns.

26. Accountability/Transparency • Detailed information on any subcontracts or subgrants awarded by the recipient to include the data elements required to comply with the Federal Funding Accountability & Transparency Act • Not later than 30 days after the end of each calendar quarter, each agency that made recovery funds available to any recipient shall make the information in reports submitted publicly available by posting the information on a website.

27. Accountability/Transparency • Within 180 days of enactment, as a condition of receipt of funds under this Act, Federal agencies shall require any recipient of such funds to provide the information required. • Federal agencies, in coordination with the Director of the Office of Management and Budget, shall provide for user-friendly means for recipients of covered funds to meet the requirements of this section.

28. Questions? ANSWER: I don’t know!