Bruce Hunter February 20, 2004 National Conference on Education

1. Reauthorizing IDEA:Seven Good Ideas,One Bad Idea,Two Lost Opportunities andthe NCLB/IDEA Mismatch&Standing Up for Public Education Bruce Hunter February 20, 2004 National Conference on Education

2. The Biggest IssueFunding IDEA • Increasing Idea funding-- a tale of two spins • IDEA is an under funded mandate because Washington has never delivered their promised share of special education funding– 40% of NAPPE – or – • IDEA has had historic increases in the past few years

3. Too often administrators are obliged to spend a disproportional amount of money and other resources on special education issues. Source: Public Agenda, 2003

4. Comparison of Funding Options 60 50 40 (In billions) 30 20 10 0 Prepared by AASA

5. IDEA FUNDING FROM FY1994 TO FY2003- amounts shown in thousands of dollars

6. AASA SupportsHagel/Harkin Amendment • S. 939 mandatory funding • 17 original cosponsors • 8 years at $2 billion per year • Only the increases are mandatory • We have up to 56 votes, but a budget point of order will be raised and we will need 60 votes– or a second degree amendment will try to gut Hagel/Harkin by promising 40% with no teeth to actually achieve the goal.

7. Positive ChangeSaving Money by Reducing Special Education Enrollment • Targeting Learning Disabilities • Eliminating the IQ discrepancy test for learning disabilities • Pre-referral services– permission to use up to 15% of a district’s Part B grant to avoid labeling • For students not yet identified, required in Senate where school is in need of improvement • Emphasis on reading and math-- scientifically based instruction

8. Positive ChangeReducing Evaluation Costs • Cost reductions in dollars and staff time • Re-evaluations when it is appropriate, otherwise required every three years-- both House and Senate • No exit evaluation for high school graduates unless IEP team finds it appropriate-- both House and Senate

9. Positive ChangeReducing IEP Costs • IEP Staff Time Savings • IEP team meetings only need involved staff for modifications, regular education teachers only need to be in IEP meetings when their input is required • Fewer substitutes needed, • Reduced meeting time burden for parents • Paperwork Reduction • Short term objectives eliminated or phased out • One prior written notice per year • Shortened prior written notice by specifically not requiring that all possible treatment options be discussed • Optional three year IEP

10. Positive Changes Saving Money by Reducing Litigation • Opportunity to Resolve • Gives districts a chance to meet parents and resolve complaints before due process begins • Requires IEP team in Senate, • District chooses how to proceed in the House • Starts with a specific written complaint from parent • Senate gives 15 days to resolve, and then parents can proceed • House includes the time to resolve in the 45 day period leading up to a hearing or litigation

11. Positive ChangeSaving Money by Reducing Litigation • Improved complaint resolution process • Begins with specific, written complaint Both House and Senate • Cannot raise issues in due process that are not in complaint • Cannot lose substantive complaint on a procedural error, such as missing a timeline (specific in the Senate, implied in the House) • Statute of limitations on complaints (1 year House, 2 years Senate) • Permits binding arbitration in lieu of due process • Limits on attorneys’ fees • House lets governors set limits • In Senate, there will be an amendment aimed at frivolous litigation that lets districts recover fees for frivolous litigation.

12. Special education laws have encouraged a sense of entitlement among parents making them too quick to threaten legal action to get their way Source: Public Agenda, 2003

13. Positive ChangeMaking IDEA More User Friendly • Restrictions on the ability of USED to make regulations • Requires that regulations match the law • Prohibits use of policy letters answering state or local questions to regulate IDEA • Requires states to clearly label all regulations made in addition to Federal regulations • A pool of funds for high cost students • Permissive for states in House • A 2% set-a-side in the Senate

14. Positive ChangeMaking Discipline Fairer and Simpler • Process of immediate response simplified • Stay put was eliminated in both the House and Senate bills • House Bill eliminates manifestation determination review -- MDR • Students committing serious infractions can be moved unilaterally to an alternative setting • For term required for non disabled students in the House • For 45 school days in the Senate

15. Positive ChangeDiscipline-- Fairer and Simpler • Burden of proof shifts in HR 1350 • FROM: • Schools have to prove that a student’s disability was NOT connected to behavior if they want to apply the regular code of discipline • TO: • Parents can prove that a student had diminished capacity to control or understand behavior

16. A Bad IdeaPrivate School Provisions • More required consultation with private schools adds paper work & contentious relations • New standards for consultation “timely and meaningful” • New complaint procedure for private schools regarding both placement and services • Must serve students in the private school if private school officials ask for that placement

17. A Lost OpportunityMedicaid Reimbursement • Reimbursement for Medicaid eligible health care services for Medicaid eligible students • Direct Services • Administrative Costs • Neither the House nor Senate made any changes to permit relief or clarify the role of Medicaid • AASA, NSBA and CGCS are about to litigate the issues in administrative claiming

18. A Lost OpportunityMaintenance Of Effort Reduction • AASA supports permitting school districts to reduce effort annually by an amount up the new IDEA Part b funds • Current law permits supplanting up to 20% of annual Part b increases • Senate bill permits supplanting up to 8% of total local Part b grant – • Supplanting has a lot of negatives starting with using funds appropriated for Part b to some other purpose • Reducing effort avoids negatives of supplanting and provides more local control of spending

19. IDEA/NCLB Mismatch Assessment & Accountability • The 1% Rule for Student assessment • Can use alternate standards for 1% of all students tested for students with the lowest cognitive functioning • Can test more than 1% against alternative standards but only 1% of the scores can be counted as proficient • NCLB regulations permit out of level testing as an accommodation but it must be in the 1% • States manage the assignment of 1% scores counted as non proficient • Have to report scores to parents, but not the effect of scores

20. Assessing Special Education Students- Use Common Sense 8a. Please tell me if you strongly agree, somewhat agree, somewhat disagree, or strongly disagree with the following statements. 49% 40% 10% 42% 40% 15% N= 500

21. Positive Framing of “Student Progress” Obtains Greater Public Support 8b. Please tell me if you strongly agree, somewhat agree, somewhat disagree, or strongly disagree with the following statements. 32% 53% 12% 30% 43% 26% N= 500

22. In your opinion, should students enrolled in special education be required to meet the same standards as all other students in the school? No Children in School Public School Parents Yes, should No, should not Don’t Know Source: PDK/Gallup Poll, 2003.

23. IDEA/NCLB Mismatch Teacher Qualifications • Matching the requirements in IDEA and NCLB for teacher and paraprofessional qualifications • House simply references the NCLB provisions • Senate tries to create some relief by specifically making all elementary special education teachers with an elementary credential highly qualified, and • Specifying that a secondary school special education teacher that consults with regular education teachers only needs a special education certificate • Regulations create HOUSSE standards that give states flexibility in definitions

24. In the past month, have you seen, read or heard any news about public schools from kindergarten through high school?

25. Sources Of Information 3. And was the source of the MOST RECENT item about public schools you saw, read, or heard … N=719 (AUGUST ’03); N=708 (OCTOBER ’03)

26. News Sources - Print • 4. And did you read this news in a national newspaper, such as USA Today or the New York Times, a local newspaper, or a magazine, such as Time or Newsweek? N=333 (AUGUST ’03); N=350 (OCTOBER ’03)

27. News Sources - Television 5. And did you see this news on a national news program, a cable news program, a local news program, or some other type of program? N=271 (AUGUST ’03); N=251 (OCTOBER ’03)

28. What education news is being seen by the public? Top Issues Budget/ financial/ funding issues Local school/ School board news No Child Left Behind Act Violence in Schools Murder/Death in schools Quality of Education % of respondents who mentioned issue as news they had seen in past month

29. Positive vs. Negative News 9. And would you say that the MOST RECENT news item about public schools that you saw, read or heard was positive news or negative news? N= 738 – ASKED IN AUGUST ’03 ONLY

30. Would you say that the most recent item about public schools you saw, read or heard made you feel better or worse about public education? Neither better nor worse

31. Why does the public feel worse about education? Top Issues Poor quality of education Lack of funding Violence in schools/safety concerns Unhappy with education system Mismanagement of funds System/staff have no interest in students % of respondents who mentioned topic as making them feel worse about education

32. In the past month, have you seen heard or talked about… Comparing public education in the U.S. to other countries National results on the NAEP tests Adequate yearly progress toward the goals of NCLB State assessments of public education

33. Are public schools in the U.S. headed in the right direction or the wrong direction?

35. Suppose you read or heard a news report in which a high-level official from the U.S. Department of Education says that students are not making sufficient progress because teachers and administrators are not trying hard enough. Is that something you would definitely believe, probably believe, definitely not believe or probably not believe? 24% 37% Total not believe 61% 26% 11% Total believe 37% 2%

36. I have more concern that teens today will engage in aggressive behavior than my parents did when I was a teenager 60% 24% Total Agree 84% 9% Total Disagree 14% 5% 11% 2%

37. Credibility Of Public School Education News Sources 7. On a scale from 0 to 10, please tell me how credible you think that source is when it comes to news about public school education. Note: Chart shows total % credible (6-10) N=1003 (AUG) N=1000 (OCT) for all items - * N= 288 (AUG); N=289 (OCT)

38. Credibility Of Public School Education News Sources 7. On a scale from 0 to 10, please tell me how credible you think that source is when it comes to news about public school education. Note: Chart shows total % credible (6-10) N=1003 (AUG) N=1000 (OCT) for all items -- ** Asked in October ’03 only

39. Creating an “Environment for Success” Most Important Characteristic What are the two or three most important characteristics of a school where all students succeed? Specific elements of “Environment for Success” include: Parental involvement (15%) Discipline (11%) Small class size (7%) Good equipment (6%) Diverse student body (6%) Student participation (5%) Safety/no violence/no drugs (4%) Source – Ipsos-Public Affairs /Cook Political Report Aug. 2003 N= 1003

40. Performance is THE Indicator of Success Name one or two results that would convince you that a school was successful with all of its students? Specific elements of “Student Performance” include: Good test scores (25%) Number of graduates (15%) Good performance on standardized testing (12%) Students are literate (7%) Quality of graduates (5%) Continual improvement (5%) Source – Ipsos-Public Affairs /Cook Political Report Aug. 2003 N= 1003

41. When a high level official from the U.S. Department of Education says there is sufficient funding to meet new federal standards for student achievement and a local teacher says the federal initiatives are under-funded, who is more believable? High-level government official 16% Neither 4% Not sure 2% Local Teacher – 78%

42. When a high level official from the U.S. Department of Education says there is sufficient funding to meet new federal standards for student achievement and a local school leader says the federal initiatives are under-funded, who is more believable? High-level government official 14% Neither 4% Not sure 2% Local school leader 80%

43. Suppose you read or heard a news report in which a high-level official from the U.S. Department of Education says that students are not making sufficient progress because teachers and administrators are not trying hard enough. Is that something you would definitely believe, probably believe, definitely not believe or probably not believe? 24% 37% Total not believe 61% 26% 11% Total believe 37% 2%

44. Most Important Goal And from the list of goals I just read, if you had to pick just ONE goal as the most important goal, what do you think the most important goal for a school in your community should be? N= 1003

45. To get a copy of this presentation via e-mail contact: Shannon Stockton at sstockton@aasa.org or call 703-875-0767 Ask for the NCE Fed Report February 20, 2004 PowerPoint