Federal Legislative Update
February 2004

February 27, 2004

News from Capitol Hill...

Five-minute activist — Senate vote alert!

Our students need safe schools in safe communities. A Senate vote on gun legislation is expected on Tuesday, March 2.

Tell your U.S. Senators: Please make sure that any firearms legislation the Senate takes up includes renewal of the Assault Weapons Ban and Closing the Gun Show Loophole.

Bullying as public policy

Secretary of Education Rod Paige this week brought shame on himself and the Administration by labeling the NEA "a terrorist organization." In the process, he alerted the nation to bully tactics as public policy.

Silencing dissent

Demonizing critics. This is the rhetoric we have learned to expect from the Administration. Even Secretary Paige's mean-spirited apology:

• Labels NEA's work to fix and fund ESEA/NCLB as "obstructionist scare tactics;"
• Demeans our organization;
• Attempts to drive a wedge between our organization, our members, and the public; and
• Tries to silence any dissent regarding the Administration's misguided education policies.

NEA members have been expressing legitimate concerns about the so-called "No Child Left Behind" (NCLB) Act's flaws and lack of resources. Affronts will not deter NEA from working to fix and fund the law.

Mad as #$%&? Join the NEA truth squad!

How has "No Child Left Behind" impacted your students, school and local district? Tell your story! The message the Administration wants least to hear is the TRUTH that the Administration's touted "No Child Left Behind" Act must be fixed and funded. Your real-life stories are the most powerful truth-telling messages.

Send your story to MEWright@nea.org. Please include your name and home address to validate your message. Member information is for NEA validation only and will not be used externally without a member's permission.

Joblessness leaves children behind

NEA supported a Senate amendment introduced this week by Senator Maria Cantwell (WA) to extend unemployment benefits to struggling families who have exhausted their state benefits. A similar amendment introduced by Representative George Miller (CA) passed the House earlier.

A bipartisan Senate majority supported the Cantwell Amendment, 58-39. Under Senate rules, however, 60 votes were needed. Senator Cantwell has put the Senate on notice that she will try again and again.

An estimated 375,000 jobless across the country exhausted their regular unemployment insurance in January. They now receive neither a paycheck nor unemployment benefits — affecting the family stability and well-being of thousands of students in our public schools.

NEA will continue to fight to extend unemployment insurance. Taking our eyes away from children who live in poverty and come to school hungry fundamentally affects our ability to educate them. Children with unmet basic needs are the children left behind.

2/20/04
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News from Capitol Hill...

Special education funding — Holding Congress accountable

Urge your Representative to become a cosponsor of the Mandatory IDEA Full Funding Compromise Act (H.R. 3802) introduced by Representatives Bass (R-NH), Bradley (R-NH), Ferguson (R-NJ), and Simmons (R-CT). This important legislation would put Congress on an eight-year path to meeting its commitment to students with disabilities.

It's a long story

Since 1975, the Individuals with Disabilities Education Act (IDEA) has opened up the doors of general education to over 6.5 million students with special needs, giving them access to the general curriculum and a more diverse student body.

The law requires that students with disabilities have access to a "free, appropriate public education," sets out requirements for state and local services, and authorizes federal funding for such services. For some 30 years, Congress has never met its commitment to provide 40 percent of the funding.

Who is hurt?

Everyone. The underfunded federal share now totals some $11 billion. Schools are forced to dip into the general fund to make up the shortfall, affecting all students in general and special education.

Hasn't Congress boosted special education funding?

IDEA funding has increased over the last several years. But progress has been like spooning sand on the beach. For this budget year, Congress is funding only some half the promised 40 percent. [See your state's shortfall]

And at the rate of increase sought by the Administration, another 30 years will pass before full funding of the federal share of the nation's special education program is accomplished.

Why "mandatory" full funding?

Thirty years of leaving special education funding to Congress' discretion has brought us to where we are. Our students deserve more than an empty promise. H.R. 3802 would earmark the federal dollars needed for IDEA and guarantee the money could not be diverted to other programs.

Five-minute activist

Send a message to your Representative. Tell them how IDEA shortfalls — year after year — affect your students. Urge them to cosponsor H.R. 3802.

Making our communities safer

This week, we may have a rare opportunity to make schools and communities safer. The U.S. Senate is expected to consider gun legislation. Urge your Senators to make sure that any firearms legislation the Senate takes up includes:

• Renewal of the Assault Weapons Ban (S. 1034): The current ban expires in December.
• Closing the Gun Show Loophole (S. 1807): Stop illegal buyers at gun shows.

NEA's common-sense approach

Respecting the rights of lawful gun owners while protecting schools and communities from gun violence.

NEA is focused on legislation aimed at fighting crime, including initiatives to enforce existing gun laws; continue the ban on 19 models of military-style assault weapons; improve the database for background checks that identify prohibited purchasers; and fight illegal gun trafficking.

NEA cares about safety and does not dispute lawful gun ownership for purposes such as self-defense, hunting, sport shooting and collection.

The assault weapons ban

President Bush, state and local leaders, and public safety officials all strongly support renewal of the current assault weapons ban. The 19 models of military-style firearms prohibited under the ban pose a high risk to our communities. Their light triggers and rapid-fire capability make them weapons of choice for criminals, not for hunting or self-defense. Unless Congress acts, the ban will expire this year, increasing the risk to our communities, and especially to our children.

The gun show loophole

Licensed dealers at gun shows conduct background checks. In 32 states, however, criminals can purchase weapons at gun shows with no questions asked from vendors who are not licensed dealers. S. 1807, introduced with strong bipartisan support, will close this loophole and cut off a major source of guns to criminals, minors and others, including terrorists, who should not have access to firearms.

Five-minute activist

Tell your U.S. Senators: Our students need safe schools in safe communities. Urge your Senators to make sure that any firearms legislation the Senate takes up includes renewal of the Assault Weapons Ban and Closing the Gun Show Loophole.

2/13/04
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News from Capitol Hill...

This week: Social Security offsets in the news

Moving repeal to the floor

The NEA hard-fought campaign for full repeal of the unfair Social Security Offsets — the Government Pension Offset (GPO) and Windfall Elimination Provision (WEP) is entering a new phase: forcing a vote on H.R. 594, the McKeon-Berman bill for full repeal.

GPO/WEP Activists' Hard Work Pays Off
H.R. 594 now has 287 cosponsors [Latest Additions: Simpson (R-ID), Pryce (R-OH), and Hart (R-PA)] - a super-majority. And Members of Congress are under growing pressure from their constituents (you!!) to act.

Recent events — Yards gained!

Forcing the Issue to the Floor — This week, Texas Representative Martin Frost tried to bring offset repeal to the floor by amending the Social Security Protection Act (H.R. 743) before the House. The Frost Amendment would have stripped from the bill the NEA-opposed language on the 'one-day rule' (the so-called 'loophole') and added the McKeon-Berman full repeal language.

Under House procedures, the House voted first on whether to consider H.R. 743 WITHOUT amendments. NEA urged Representatives to vote NO in order to allow Representative Frost to introduce his amendment.

After a heated debate, the House voted 226-197 to consider the bill WITHOUT amendments, blocking Representative Frost's efforts.

But member activists' hard work was not in vain.

Leveraging Committee Support - Chairman Shaw Commits! House repeal bill sponsors McKeon and Berman now report that House Social Security Subcommittee Chairman Shaw will move GPO/WEP legislation out of committee this year.

What you can do:

Is your Member of Congress a cosponsor of the Social Security Fairness Act? Check the NEA Web site to find out. Urge members who are not cosponsors to add their names to the bill. Thank the cosponsors and ask their help in making the bill a priority. You can e-mail your Senators and Representatives directly from the site and urge them to support full repeal of the GPO and WEP.

H.R. 743 and the 'one-day rule' — What happened… What it means

The House-passed H.R. 743 includes NEA-opposed language (Sec. 418) changing the rule that allowed an option for teachers in Texas and Georgia to protect their Social Security spousal benefits from the Government Pension Offset (GPO) by transferring to a Social Security district for as little as one day.

Counting prior service

Affected employees can count their previous Social Security credits towards the required 60 months of Social Security employment under the new five-year rule IF …

• Their last day of service comes within five years of the date the President signs H.R. 743 into law, and
• The Social Security credits were earned BEFORE the President signs the bill.

However, an employee must work at least the last month prior to retirement in Social Security employment to qualify for exemption from the offset.

H.R. 743 wins

Sec. 210 - In Pursuit of 'Overpayments' — The final bill does not include NEA-opposed language cross-referencing tax and employment records to identify individuals who qualify for the offset. Deleting this provision protects NEA members who might have been required to repay so-called "overpayments."

Sec. 419 - "Truth in Retirement Disclosure…" — Individuals beginning non-Social Security employment on or after January 1, 2005 must receive written notice explaining the effect of non-covered employment on any separate Social Security-covered work — that is, that benefits earned in Social Security-covered work may be cut. Affected employees often learn only upon retirement that they are ineligible for the benefits shown in their Social Security Estimates reports.

The 'Divided Retirement Referendum' — Only Kentucky and Louisiana may conduct a "divided retirement referendum." Kentucky requested a referendum on entering Social Security and Louisiana on entering Medicare. Allowing all states to operate a divided retirement system — in the original Senate bill — could have been a first step by Congress toward mandatory Social Security coverage for all state and local employees, which NEA strongly opposes.

2/5/04
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News from Capitol Hill...

Late news! House passes unemployment insurance amendment

The budget

President Bush this week released his budget request for the 2005 fiscal year that begins October 1, 2004. For students in public school classrooms, the stakes are high.

NEA moved quickly — in a message to every Member of Congress — to establish a platform for working with Congress on a budget plan that makes supporting children and families a priority.

The story behind the headlines

Will your students be among the 'OUTs?' Title I math and reading programs and IDEA special education services are critical to closing the achievement gap. Despite media headlines that tout funding increases for Title I and IDEA, — "Special Education, Low Income Schools Win Rare Increases" — too many students are left out.

Title I funding reaches fewer than half the students eligible for help and falls further and further below the amounts set in the Elementary and Secondary Education Act ("No Child Left Behind"). [Students left behind in your state.]

IDEA dollars fund less than half the federal share of special education program costs, forcing cuts in services or increased taxes to cover the shortfall. [Dollars lost by your state in the 2004 budget year.]

Vouchers: The budget proposal includes not only $14 million for the newly authorized voucher program in the nation's capital, but also a nationwide $50 million program.

Zeroed Out: Thirty-eight education programs providing vital services to students are eliminated, including:

• Arts in Education
• Carl D. Perkins Vocational Education
• Drop-Out Prevention
• Elementary and Secondary School Counseling
• Even Start
• Excellence in Economic Education
• Foreign Language Assistance
• Javits Gifted and Talented
• Migrant and Seasonal Farm Workers
• National Writing Project
• Parental Information and Resource Centers
• Smaller Learning Communities
• Supported Employment State Grants
• Demonstration Projects to Ensure Quality Higher Education for Students with Disabilities

Literacy: The Administration proposes $100 million for adolescent literacy programs, an NEA priority. However, while the adolescent literacy initiative represents a step forward, cuts in dropout prevention and career and technical education programs with proven track records of helping adolescents stay in school mark two steps backward.

Access to postsecondary education: The Administration proposes no increase in the Pell Grant maximum award over the current $4,050. This would be the second consecutive year of a freeze, while students face steep college tuition increases fueled by deep state budget cuts.

State straights: Cash-strapped states struggle to implement new testing and accountability mandates.

The bottom line: Who will be accountable for providing your students the tools they need to achieve adequate yearly progress?

Next steps

Congress will craft a spending blueprint (the Budget Resolution) for the 2005 budget year. Stay tuned…

A win! On unemployment insurance

In a surprising and wonderful development, Representative George Miller (D-CA) figured out a way to get a vote and then PASSED an amendment that would authorize funding for an extended unemployment benefits program, modeled after the program that expired in December.

All Democrats voting and 39 Republicans joined to pass the Miller Amendment by a vote of 227-179.

An estimated 375,000 unemployed individuals are exhausting their regular unemployment benefits in January without qualifying for any further assistance and are receiving neither a paycheck nor unemployment benefits — affecting the family stability and well-being of thousands of students in our public schools.

Next steps

The Miller Amendment was added to H.R. 3030 (Community Services Block Grants) that includes programs like Meals on Wheels, adult literacy, homeless shelters, and job training. The bill passed the House by a voice vote.

Concerned Senators are likely to introduce a similar amendment to some bill before the Senate. And the pressure will build for the House and Senate to agree on relief for America's jobless workers and their families.