Federal Legislative Update
February 2003

February 28, 2003
February 14, 2003
February 7, 2003

2/28/03
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News from Capitol Hill...

Help your state budget now!

NEA is spearheading a nationwide appeal to Congress for $50 billion in state fiscal relief. States now face the worst fiscal crisis since World War II. Massive deficits threaten pre-K-12 and higher education and government services.

The National Governors Association (NGA) last week echoed the appeal for help. The NGA Resolution "requests the federal government to provide funding for federal mandates and programs to minimize the adverse effects of budget cuts states will otherwise be forced to make." NGA specifically recognized special education (IDEA) and the new ESEA ("No Child Left Behind" Act) as federal mandates that require funding.

President Bush's budget proposal does not include any significant fiscal relief for the states. It is up to Congress, therefore, to develop a realistic program to help states weather this financial crisis.

The Budget Resolution, the spending blueprint for the coming budget year, is on Congress' action agenda. The House Budget Committee could act by March 10. The Budget Resolution must make room for state fiscal relief.

NEA President Reg Weaver asks every member's help. Send a message to Congress. Ask your Representative to urge the Budget Committee to make $50 billion in state fiscal relief a priority.

President signs funding bills

Thank you for your messages to the White House! — President Bush signed the overdue spending bills, releasing funding for education programs for the current budget year — October 1, 2002 through September 30, 2003.

NEA helped win solid increases. Further, the President proposed to eliminate all funding for a long list of programs, including rural education and dropout prevention. The final bill rejected those eliminations and in some cases, increased a program's funding. Congress flatly turned down, too, the President's request for a $50 million public and private school choice demonstration program.

Coming soon: Next year's funding struggle.

GPO/WEP repeal bills — Co-sponsor list grows

The GPO/WEP repeal bills — H.R. 594 (McKeon (R-CA)-Berman (D-CA)) and S. 349 (Feinstein (D-CA) and Collins (R-ME)) — would repeal the Government Pension Offset and Windfall Elimination Provisions (GPO/WEP). These offsets unfairly penalize many public employees, including many school employees, by reducing Social Security benefits they or a spouse have earned.

The House bill now has 134 co-sponsors. Recent additions include:

Update: 'Loophole' issue surfaces again

Language (Sec. 418) inserted into H.R. 743 (Shaw-FL), the Social Security Protection Act of 2003, would ban the so-called 'loophole,' that is, the option for employees of non-Social Security districts to work briefly in and retire from a Social Security district and thus avoid the offsets.

A subcommittee heard testimony this week on the core provisions of H.R. 743 that protect Social Security beneficiaries from fraud and abuse. The 'loophole' language was not in the original bill introduced last year. NEA and the Texas State Teachers Association submitted testimony opposing the 'loophole' language and urging that it be deleted. Representative Shaw acknowledged that the underlying issue of the fairness of the offsets merited a separate hearing that he would schedule in the future.

The House may vote on H.R. 743 next week. NEA is urging the House to delete the 'loophole' provision.

2/14/03
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News from Capitol Hill...

Congress listens to NEA

Education funding

A spending bill with $3.1 billion more for education: Will the President sign it? Congress this week passed a spending bill — some five months late. The bill funds education programs for the current fiscal year that began October 1, 2002.

NEA helped win solid increases above the President's proposed budget, successfully blocking leadership threats to continue temporary spending authority from month to month with NO funding increases.

For students struggling to meet new and higher standards and schools struggling to implement the underfunded mandates of the new ESEA, the increases provide critically needed resources.

Special thanks go to spending committee leaders Senators Ted Stevens (AK) and Arlen Specter (PA) and Representatives Bill Young (FL) and Ralph Regula (OH), and to Republican Main Street leaders Representatives Michael Castle (DE), Amory Houghton (NY), Nancy Johnson CT) and Fred Upton for being strong advocates for adequate education funding throughout the long and contentious negotiations.

The official summary - Supporting education while prioritizing resources:

• Total funding for the Department of Education is $53.1 billion, an increase of $3.1 billion over FY02 and the President's request.
• Title I - Educational assistance to needy and disadvantaged students through the Title I program is increased $1.4 billion, bringing total funding to $11.75 billion.
• Special Education - Special Education State Grants are increased $1.4 billion over FY02 and $400 million over the President's request.
• Pell Grants - The Department of Education is projecting a cumulative funding shortfall in the Pell Grant program that could be as high as $2 billion due to larger-than-expected increases in eligible applicants to the program. The bill would pay down the funding shortfall by providing $576 million above the President's request while increasing the maximum grant $4050.

The bill requires the President's signature to become law. President Bush has signaled that he would veto any increases above his proposed spending limits.

Action needed! Send a message to the President.

Ask President Bush   to provide our students the tools to succeed by signing the FY2003 spending bill. The investment in our students is an investment in a strong America.

GPO/WEP

GPO/WEP repeal bills now in the House and the Senate

Senators Diane Feinstein (D-CA) and Susan Collins (R-ME) this week introduced a Senate bill, the Social Security Fairness Act (S. 349), to repeal the Government Pension Offset and Windfall Elimination Provisions (GPO/WEP). These offsets unfairly penalize many public employees, including many school employees, by reducing Social Security benefits they or a spouse have earned.

Initial cosponsors are Senators Mary Landrieu (D-LA), Olympia Snowe (R-ME), Edward Kennedy (D-MA), George Allen (R-VA), Tim Johnson (D-SD), Mark Dayton (D-MN), and Jim Bunning (R-KY).

The Senate bill is identical to the House bill for GPO/WEP repeal, H.R. 594, introduced earlier by Representatives Howard "Buck" McKeon (R-CA) and Howard Berman (D-CA).

The House bill this week gained new cosponsors bringing the total to 103: Representatives James Walsh (R-NY), Joe Baca (D-CA), Zoe Lofgren (D-CA), Rick Larsen (D-WA), Ernest Fletcher (R-KY), Jo Ann Emerson (R-MO), and Major Owens (D-NY), Peter King (R-NY), Anna Eshoo (D-CA), Calvin Dooley (D-CA), and William Clay (D-MO).

Action sought: Thank and ask!

Thank the cosponsors: Senate/House.

Ask Representatives and Senators who have not yet signed on to the bill to show their support by becoming cosponsors of this important legislation.

Title IX

NEA, coalition partners voice support for Title IX

NEA and a broad coalition of organizations continue 'on alert' for any proposals that would threaten the historic gains made since President Nixon signed Title IX into law. Title IX prohibits all public and private colleges and universities that receive federal funding from discriminating on the basis of sex.

The concerns stem from proposals put forth in the Commission on Opportunity in Athletics convened by U.S. Secretary of Education Rod Paige in June 2002. The Commission will submit to the Secretary its final report by February 28.

Since Title IX became the law, the number of women graduating college and entering the professions has soared and colleges have added nearly 3,800 women's teams. Senator Joseph Biden of Delaware has offered a resolution reaffirming congressional commitment to the program.

2/7/03
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News from Capitol Hill...

On February 5, 2003
NEA Board Members went to Capitol Hill to advocate for children and public education in the richest country on earth. The issues:

GPO/WEP

The Social Security Fairness Act (HR 594) - NEA starts the ball rolling

Representative McKeon had a welcome message for a delegation of Association leaders from California, Colorado, Connecticut, Georgia, Illinois, Kentucky, Maine, Massachusetts, New Jersey, Nevada, Ohio, Rhode Island and Texas: The McKeon-Berman Social Security Fairness Act (HR594) to completely repeal Government Pension Offset (GPO) and Windfall Elimination Provisions (WEP) was filed this week with 92 co-sponsors. The GPO and WEP unfairly penalize many public employees, including many school employees, by reducing Social Security benefits they or a spouse have earned.

Representatives McKeon (R-CA) and Berman (D-CA) sponsored the original legislation in the last Congress. "It is simply unacceptable to ask Americans to perform the most vital services in our nation and reduce their retirement benefits in the process," they said.

Senators Feinstein (D-CA) and Collins (R-ME) will file a new Senate companion bill shortly.

Action sought: Thank and ask!

To the co-sponsors, express your THANKS.

Ask all other House members to show their support by becoming co-sponsors of this important legislation.

Funding

Student success and congressional inaction

The House-Senate Conference Committee took no action this week on spending bills for this budget year that include funding the new ESEA mandates and special education.

NEA Board members carried a message to Congress: A zero-percent solution is a broken promise — with tragic consequences for children.

What's at stake? Relief from unfunded mandates

The Administration's 2003 proposals and the House-passed spending bill underfund the mandates of the new ESEA and IDEA.

The Senate-passed bill adds $5 billion as a block grant and puts funding for special education (the Individuals with Disabilities Education Act or IDEA) on a six-year path to fully funding the federal share of special education costs.

The Senate additions would help fund the new federal education mandates and relieve stressed state education budgets. But the gains could all be lost in the conference committee report.

Urge your colleagues to join with you in sending a message to Congress!

• Thank your U.S. Senators for the Senate's support of critical education funding.
• If your U.S. Senator is a member of the conference committee (see list below) that will decide what funding is finally voted on, ask him or her to fight to keep the Senate funding for education in the conference committee report, without cutting all other programs "to pay for" education.
  Senators on the Conference Committee: AL-Shelby; AK-Stevens; CA-Feinstein; CO-Campbell; HI-Inouye; IA-Harkin; ID-Craig; IL-Durbin; KS-Brownback; KY-McConnell; LA-Landrieu; MD-Mikulski; MO-Bond; MS-Cochran; MT-Burns; ND-Dorgan; NH-Gregg; NM-Domenici; NV-Reid; OH-DeWine; PA-Specter; SC-Hollings; SD-Johnson; TX-Hutchinson; UT-Bennett; VT-Leahy; WA-Murray; WI-Kohl; WV-Byrd.
• Ask Senators who are not on the conference committee and your U.S. Representative to urge the conference committee to keep the Senate bill's funds for education in the conference committee report, without cutting all other programs "to pay for" education.

Student success and the political agenda

This week, the Administration released its proposal for the next fiscal year, FY 2004, touting the modest increase in education spending as evidence of a strong commitment to public education. But closer examination shows the Administration's favored programs are generously funded, while programs with a documented track record of improving student success are cut.

Following the money trail

The Administration proposal eliminates 47 programs that were funded in 2002, cuts 19, and proposes a second-consecutive-year freeze for 51. Some examples:

• After-school programs are cut 60 percent and Safe and Drug-Free Schools state grants 11 percent. Both programs have an established track record for improving student success.
• Pell grants: The average grant falls to $2,369 per student, while college tuition is rapidly rising. The increase in Pell grant funding simply pays off a 2002 spending year shortfall.
• Teacher quality: A freeze on funds for teacher training and English-language instruction would continue for the second consecutive year. Even with a very low rate of inflation, a "straight-line budget" equals less.

The Administration proposal would:

• create a new $75 million voucher program.
• continue a $100 million line item for charter schools facilities.

The Administration's proposal does not support an overall education plan designed to help students succeed. Stay tuned!

A-Plus!

NEA supports the Administration's proposal to increase the amount a teacher can deduct from personal income tax for classroom supplies purchased from the current $200 to $450.

Title IX

NEA, coalition partners voice support for Title IX

NEA and a broad coalition of organizations are urging support for Title IX. Signed into law by President Nixon, Title IX prohibits all public and private colleges and universities that receive federal funding from discriminating on the basis of sex.

In the decades since Title IX became the law, the number of women graduating college and entering the professions has soared and colleges have added nearly 3,800 women's teams.

Sen. Joseph Biden of Delaware has offered a resolution reaffirming congressional commitment to the program. The concerns stem from the new Commission on Opportunity in Athletics convened by U.S. Secretary of Education Rod Paige in June 2002. The Commission will submit to the Secretary its final report by February 28.