Washington Update Nancy Reder Deputy Executive Director, NASDSE

1. Washington UpdateNancy RederDeputy Executive Director, NASDSE Idaho Special Education Conference March 4, 2013

2. What This Presentation Will Cover • Impact of election • Washington update

3. What Impact did the Election have on Education?

4. Impact of the Election • New ranking member of Senate HELP Committee • 8 fewer Republicans in the House • All the bills have to be reintroduced =

5. Issues • Sequestration/Budget/Appropriations • ESEA reauthorization • What’s new with IDEA implementation? • Other education issues • Seclusion and restraint • Office of Civil Rights document on extra-curriciular activities • Equity and Excellence Cmmission • Common Core issues • Implementation issues • Assessment issues • Virtual schools/online learning • Universal Design for Learning (UDL)

6. Still More Issues • Reauthorization of the Workforce Investment Act • School choice (charter schools and vouchers) • Early childhood • Child welfare and students with disabilities

7. Overall Analysis of the 112th congress Nothing Bubkys nada ZIP ZERO NIENTE ZILCH NAUGHT

8. Now to the Dicey Stuff….. Sequestration

9. So What’s the Fiscal Cliff?

12. Deficit Reduction Since 2010 • $1.5 T primarily from discretionary funding • $.6 T in increased revenues • $.03T in interest savings =$2.3 T in total deficit reduction • Remainder needed to stabilize the debt: • $1.4 T ($1.2 T savings + $0.2 T in interest savings

13. What Can I Tell You About Sequestration? • Where did it come from? • Why is the deficit so big and why does it matter? • Projected deficits would rise to more than 100% of GDP in 2027 • Budget Control Act of 2011 (August, 2011) • Established Joint Select Committee on Deficit Reduction • Established two separate mechanisms: (1) Sequestration and (2) spending caps imposed on annual appropriations through FY 2021. • Sequestration is supposed to reduce spending already provided for in FY 2013 (more about FY appropriations in a minute) • Was supposed to kick in October 1 with 8.2% cut • Modified by American Taxpayer Release Act (January 2, 2013) – pushed sequestration to March 1st and reduced cut to approximately 5.1% • Cuts are uniform across-the-board and leave little room for adjustments • Projected cuts to IDEA -- $596 M • $725 M in Title I cuts

14. More on Sequestration • So to figure amount of cuts, look at FY 13 funding levels and take 5.1% off that amount • BUT….on March 27th, the Continuing Resolution for FY 13 ends – if not extended, means there is NO funding for federal government at all. • What’s the impact of the spending caps? Don’t know yet. The aggregate funding for FY 2013 cannot exceed spending caps put into place by the Budget Control Act (of course, caps could be waived, increased, cut – but there is discretion on where to make cuts

15. When Do Cuts Kick in for IDEA? • IDEA is forward funded – cuts don’t kick in until July 1. • Are the sequestration warnings real? Go to: www.cef.org

16. Impact of Sequestration STATE LOCAL Scenario One Scenario One Scenario Two Scenario Two $ for Services Legislature Cut staff & services Increase Local Spending Cut state programs & services Programs & Services continue FAPE not met Staff, Service & programs maintained Programs & Services not provided Due Process & Lawsuits MSFS MDE Problems FAPE not met for some Progress halted Solution Oversight diminished Don’t Have Sequestration State Determination Problems

17. What Programs Are Exempt? • Short list (not exhaustive) • Children’s Health Insurance Program (CHIP) • Some Pell grants • Medicaid • SNAP (food stamps) • Supplemental Security Income Program • TANF

18. Good Resources on Sequestration • White House fact sheets: www.whitehouse.gov • Dept of Education website: www.education.gov • AASA survey on sequestration: http://www.aasa.org/uploadedFiles/Policy_and_Advocacy/files/AASA%20Sequestration%20July%202012.pdf • NEA fact sheet: http://www.nea.org/assets/docs/Disastrous_Impact_of_Sequestration_on_Education.pdf • Center on Budget and Policy Priorities: www.cbpp.org • Report from Senator Harkin (www.senate.gov)

19. Budget/Appropriations – How It’s Supposed to Work • President submits budget to Congress • House passes budget resolution • Senate passes budget resolution • House and Senate pass 12 appropriations bills • Conference committees iron out differences • House and Senate vote on conference reports • President signs into law

20. Other Important Stuff • President’s budget for FY 14 supposed to come out March 25th • House Rs to introduce new CR March 11 – will keep basic funding levels (separate bill for Defense) • In the Senate -- Mikulski to introduce all 12 bills in a straight CR (same week)

21. ESEA Reauthorization – News Flash: Glaciers Moving But ESEA is Not

22. ESEA Reauthorization • Last Congress, Education and Workforce Committee introduced five ESEA bills – one passed (charter school bill) • Senate HELP Committee passed a bill – never made it to the Senate floor • Anticipate that Rep. Kline will introduce same five bills • Anticipate that Sen. Harkin will introduce comprehensive bill

23. ESEA Critical Issues • Impact of waivers on reauthorization • Highly effective teachers vs. highly qualified teachers • What to replace AYP with? • Use of PBIS/RtI/multi-tiered interventions/UDL • Transferability of funds • Graduation rate calculations • Title I/IDEA working group recommendations – paper available at www.nasdse.org

24. Let’s Talk About Highly Qualified Teachers or Highly Effective Teachers • What does the current law say? • ED’s position permeates all policies • Race to the Top • Waivers • Regulations • How did the CR change the definition of HQT? • Those in alt cert programs are considered highly qualified; CR asked for data collection on this • What will a new ESEA bill do? • How to reconcile with language in IDEA? No one seems to be thinking about this

25. ESEA Flexibility • 35 states have been granted waivers (ID approved on 10/18/12) • 47 states have requested waivers: TX, PA and WY recently applied for waivers • States not applying for waivers: MT, NE, VT • CA wants a do-it-yourself model; • Documents posted at http://www.ed.gov/esea/flexibility • Waiver is good for two years – could be an extension • Local district flexibility? • Question: how will states move from waivers to new ESEA (if there ever is one)?

26. What’s New with IDEA Implementation • Results-Driven Accountability (RDA) • Shift focus to improving outcomes and reduce emphasis on compliance • Part B Medicaid regulation • Full funding legislation • Going absolutely nowhere Still not talking about IDEA reauthorization

27. Other Education Issues • Seclusion and restraint • Office of Civil Rights – Announcement about extra-curricular activities and students with disabilities: http://www.education.gov/news/press-releases/us-department-education-clarifies-schools-obligation-provide-equal-opportunity-s • New PROMISE grants: http://www2.ed.gov/about/inits/ed/promise/index.html (input due March 17)

28. Other Education Issues (continued) • Equity and Excellence Commission – new report • Here’s a link to the report: http://www.ed.gov/blog/2013/02/equity-and-excellence-commission-delivers-report-to-secretary-duncan/

29. Common Core Issues • Implementation issues • Training on how to deliver Common Core to students with disabilities • Assessments • Accommodations (go to www.nasdse.org to see our letters) • Broadband accessibility

30. Virtual Schools/Online Learning • NASDSE’s Center on Online Learning and Students with Disabilities • Issues: access for students with disabilities • Delivering related services

31. Universal Design for Learning (UDL) • NASDSE participates in UDL Task Force and works closely with CAST • Is NOT a special education issue • We want language in ESEA • Best resource is CAST’s National Center for Universal Design for Learning: www.udlcenter.org/

32. What Moves Slower Than ESEA Reauthorization?

33. Reauthorization of Workforce Investment Act • WIA to be marked up this week in the House Education and Workforce Committee (same bill as last Congress) • Probably won’t make it to the House floor • Dems have their own bill – not going anywhere • Possibility that Vocational Rehabilitation will be pulled out into a separate bill

34. School Choice (charter schools and vouchers) • Release last June of GAO report on charter schools and students with disabilities • Charter School ‘Summit’ at the Dept of Ed held last September • Critical issues • Enrollment of students with disabilities in charter schools • Capacity of charter schools to serve students with disabilities • Training for charter school authorizers and operators • Vouchers more active at state level

35. Early Childhood

36. Early Childhood • President’s initiative for pre-school for all • For information, go to: www.whitehouse.gov and http://www.acf.hhs.gov/programs/ecd/news/what-the-presidents-early-learning-initiative-means-for-acf-programs • Funding?? • Connection to Part C and Section 619?

37. Child Welfare and Students with Disabilities Two key pieces of legislation: • Fostering Connections Act • Critical issue: who makes decisions about school placements for students in foster care – the IEP team of the child welfare worker who has responsibility under the Fostering Connections Act to keep child in home school or as close to home school as possible • Uninterrupted Scholars Act (passed at the very end of the last Congress • It amends FERPA to give child welfare workers access to school records • Good fact sheet at: http://www.fostercareandeducation.org/portals/0/dmx/2013/02/file_20130211_145758_xjnFqt_0.pdf

38. Where to go for more information • Alliance for Excellent Education: www.all4ed.org • Center on Education Policy: www.cep-dc.org (materials on waivers) • Common core standards: www.corestandards.org • Center for American Progress: www.americanprogress.org