NCLD - Legislative Update: September 2006
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Legislative Update
109th Congress
Washington, DC

September 2006

In this issue:

2007 Federal Funding Update
The new fiscal year for the Federal government begins October 1, 2006. In the next few weeks, Congress must pass each of the 12 annual appropriations bills or pass continuing resolutions, which would allow federal funding to continue at the fiscal year 2006 level for a short time beyond October 1. Funding for education, which is part of the Labor-Health and Human Services-Education appropriations bill, still awaits final approval by both the House of Representatives and the Senate. As reported earlier, funding to support special education received no increase in the bills approved by the appropriations committees of the House and the Senate. The No Child Left Behind Act also receives no increase.

There is little possibility that the appropriations activities will be complete prior to the planned adjournment on October 6. As Members of Congress begin their campaigns leading up to the mid-term elections in November, remember to tell them that IDEA and NCLB need substantial amounts of additional funding! Be sure to find out how much your state and Congressional district is owed in funding for education laws. Download State and Congressional District data compiled by the National Education Association at http://www.nea.org/lac/fy07edfunding/index.html.

New Bill Protects Health Benefits For School Children With Disabilities
In July, U.S. Reps. John Dingell (D-MI), George Miller (D-CA), Ed Whitfield (R-KY) introduced H.R. 5834, Protecting Children's Health In Schools Act Of 2006, to ensure that school children with disabilities will continue to receive the health services they need to stay in school. U.S. Senator Edward Kennedy (D-MA) has introduced a companion bill in the Senate (S. 3705).

In its budget for the 2007 fiscal year, the Bush Administration sought to stop reimbursing school districts for an estimated $3.6 billion in Medicaid spending over the next five years. That spending covers the cost of medical and health-related services that many of the nation’s 7 million school children with disabilities need in order to attend school. The Protecting Children's Health In Schools Act Of 2006 would require the Bush Administration to continue to reimburse school districts for these costs. A summary of the bill’s provisions is available here.

Perkins Act Reauthorized
On Monday, August 14, 2006, President Bush signed S. 250, the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (Perkins). The bill reauthorized the U.S. Department of Education’s vocational and technical education programs thru 2012. Perkins is the largest single source of federal funding for middle and high schools. Federal funding in FY2006 was $1.3 billion with similar funding expected for FY2007. This funding is used to improve career and technical education through grants to school districts or postsecondary institutions.

While the reauthorized bill changed little of the existing law, one important new provision now allows Perkins funds to be used to develop personal graduation and career plans for students participating in career and technical education programs. Personal graduation plans are designed to improve high school graduation rates and provide information on postsecondary and career options for high school students.

A summary of changes to the Perkins Act prepared by the Association for Career and Technical Education is available here.

IDEA Federal Regulations Released
The U.S. Department of Education released the final federal regulations governing the implementation of the Individuals with Disabilities Education as amended by the Individuals with Disabilities Education Improvement Act of 2004 (IDEA 2004) on August 14, 2006. The regulations are effective October 13, 2006.

These final regulations, like the draft regulations proposed in June 2005, are closely aligned with the federal IDEA law. NCLD has prepared a summary to highlight key provisions that impact how schools identify students with learning disabilities, develop and implement the Individualized Education Program (IEP) as well as planning for transition from high school to college and highly qualified teachers. The NCLD Summary is available here.

IDEA Web Site and Meetings
In conjunction with the release of the new federal IDEA regulations, the U.S. Department of Education has created a new Web site to provide information and resources about IDEA. The new site is available here.

Additionally, the Office of Special Education and Rehabilitative Services (OSERS) at the U.S. Department of Education will be conducting a series of community-based public meetings to provide an opportunity for the public to learn about the major concepts and principle changes in the new regulations and to learn about the many resources and supports available. Meetings will be held in Charlotte, N.C., Tampa, FL.. Philadelphia, Pa., Seattle, WA., Minneapolis, MN., Dallas, TX., Denver, CO., and Sacramento, CA. Complete details about the meetings are available here.

NCLB House Hearings
The No Child Left Behind Act (NCLB) is scheduled for reauthorization by Congress in 2007. In anticipation of the reauthorization, the House of Representatives is conducting a series of hearings on various topics. The hearing held on July 12, 2006 focused on special education students and students with limited English proficiency.

The press release about the hearing is available here.

Testimony given at that hearing is available here.

NCLB Commission Hearing on Students with Disabilities
The No Child Left Behind Commission, a bipartisan, independent commission examining the strengths and weaknesses of NCLB, continues to solicit comments from the public as it moves toward formulation of its final report to Congress, the Administration and stakeholders. The Commission will make recommendations on how NCLB should be changed during the upcoming reauthorization process. Comments can be submitted via the Commission's Web site.

In July the Commission held a Roundtable to discuss the impact of the federal education law on students with disabilities. The Press Release reporting on that meeting is available here.

Previous Legislative Updates:
May 2006
December 2005
October 2005
May 2005
April 2005

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