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Legislative Update
109th Congress
Washington, DC
| May, 2005
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In this issue:
Federal Spending for 2006: Education Funding Falls Short Across the Board
Congress has taken its initial action on the Federal Budget Appropriations for the 2006 Fiscal Year (FY '06) which will begin in October 2005 by passing Budget Resolutions in both the House and the Senate.
In both versions, federal funding designated for education fails to live up to authorized levels for key federally mandated programs and withdraws funding for the continuation of programs important to students with learning disabilities.
Special Education " Part B " Grants to States
The FY '06 Budget proposal shortchanges grants to states under the Individuals with Disabilities Education Act (IDEA) by more than $3.5 billion, despite new authorizing language included in the recent reauthorization of IDEA promising to fully fund the Act within six years. The meager $510 million increase is, in fact, less than the IDEA Part B increases for the past several years, prior to the Congress' renewed promise of full funding. To find out about the IDEA budget shortfall for your state, see the state-by-state IDEA funding comparisons prepared by the National Education Association (NEA). |
Elementary and Secondary Education Act (Title I)
Despite putting a host of new requirements on states through its most recent reauthorization known as No Child Left Behind, the federal funding allocation for ESEA Title I grants to local school districts falls short of the authorized level by almost $9.5 billion. These funds are critical to schools providing professional development to improve instruction, designing assessments to ensure testing accurately reflects student knowledge on grade level content and providing supplemental services for students who need additional instruction and support. Find out about your state's shortfall of Title I funds here .
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Educational Programs
Demonstration Projects to Ensure Students with Disabilities Receive a Quality Higher Education
These projects, authorized under Title VII of the Higher Education Act, are designed to support higher education faculty, administrators and auxiliary service providers to more effectively provide and help postsecondary students with disabilities to complete a high quality postsecondary education. The program currently supports 27 projects in 21 states and is funded at $7 million. The FY '06 Budget calls for the complete elimination of this program, ending all federally funded activities at the postsecondary education level to ensure that students with disabilities receive a quality postsecondary education.
Elementary and Secondary School Counseling ProgramThe Elementary and Secondary School Counseling Program, funded under Title V of the ESEA, helps school districts establish or expand school-based counseling services through qualified state licensed or certified school counselors, school psychologists or school social workers, or appropriately qualified psychiatrists and psychologists. The program helps improve school safety and increase students' academic achievement by expanding students' access to counseling services. For the 2004-05 school year, the program provides support services to students in 99 school districts in 31 states and the District of Columbia, representing hundreds of schools nationwide. Currently funded at $35 million, the FY '06 federal budget totally eliminates the Elementary and Secondary School Counseling Program. Learn if your state receives funding under this program here .
Parent Information and Resource Centers (PIRCs)
Also funded under Title V of ESEA, Parent Information and Resource Centers (PIRCs) provide information and training on key provisions of the No Child Left Behind Act (NCLB) to parents, family advocates, educators, community organizers, faith-based activists and others committed to educational success for all students, especially low-income, minority, and English language learning students. The current funding level of $42 million supports more than 80 PIRCs nationwide.
Despite a dramatically increased need for information tailored to families on their expanded roles, rights and options under NCLB, the FY '06 federal budget totally eliminates the Parent Information and Resource Centers. Learn more about the PIRCs here .
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Act Now to Protect Education Funding Tell Congress to make good on its promise to provide adequate funds for states to implement the Individuals with Disabilities Education Act and No Child Left Behind and to provide ongoing funding for key programs that support improved achievement for students with disabilities. TAKE ACTION by sending a message to your elected officials in Congress .
New Assessment Option under No Child Left Behind A new policy for the assessment of students with disabilities under No Child Left Behind (NCLB) was announced on April 7, 2005, by the U.S. Department of Education (ED). The new policy provides States with the option to develop new alternate assessments scored against modified academic achievement standards for students served under the Individuals with Disabilities Education Act (IDEA). NCLD provided its initial concerns about this new assessment option in our April 2005 Legislative Update.
Additional information and increased flexibility was further announced by ED on May 10, 2005. Under a new short term "transition" option, eligible states will be allowed to adjust a percentage of non-proficient scores of students with disabilities to the proficiency level for the purpose of determining "adequate yearly progress."
This short term option is available until states develop alternate assessments based on modified achievement standards for those students with disabilities who are deemed to be unable to participate in the general statewide assessments, even with accommodations.
ED is expected to formalize this policy via a notice of proposed rulemaking (NPRM) sometime in the Fall of 2005.
States may also continue to use alternate assessments based on alternate academic achievement standards for students with the most significant cognitive disabilities and include those scores for up to 1% of the tested population. The decision regarding how to assess a student under the state accountability system is made by the IEP team, including the parent.
Individuals with Disabilities Education Act (IDEA 2004) The U.S. Department of Education is expected to publish the draft regulations for IDEA 2004 in May 2005. The draft regulations will appear in the Federal Register (in the form of a Notice of Proposed Rulemaking or NPRM) and allow 75 days for public comment. ED has announced a series of public meetings, beginning June 6, 2005, to seek comment. Dates and locations of the meetings are available here.
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