Federal Legislative Update
March 2004

March 26, 2004

News from Capitol Hill...

IDEA On the Senate calendar

The Senate will take up its version of the Individuals with Disabilities Education Act or IDEA (S. 1248) the week of April 5.

Senator Harkin (IA) will offer an amendment that phases in mandatory increases to fully fund the federal share over some six years (based on S. 939). For some 30 years, Congress has never met its commitment to provide 40 percent of the funding.

Five-Minute Activist

Urge your Members of Congress to support special needs children by supporting the mandatory full funding of IDEA.

In the House this week: Mortgaging our children's future

An NEA-opposed Budget Resolution narrowly passed the House this week, by a vote of 215-212, with 10 Republicans and all Democrats voting NO. The House budget plan for the 2005 Budget Year (Oct. 1, 2004 — Sept. 30, 2005) shortchanges domestic programs such as education and job training and extends tax reductions, including those targeted to higher-income people.

NEA pressed hard for investments in our most vulnerable students and families, including students with disabilities, Pell Grants, Title I reading and math programs, high-quality childcare and after-school learning opportunities. Politics prevailed over policy.

Sorry, kids.

The House plan means harsh realities for students from pre-school through college.

Education

• ESEA/"No Child Left Behind" (NCLB) Act is shortchanged by some $9 billion below the level of funding set in the law.
• The Individuals with Disabilities Education Act (IDEA) falls further behind full funding.
• Pell Grant funding is frozen for the third year in a row.

Health

• Budget caps will require additional deep cuts in the health and protection of children.
• Forced cuts in Medicaid will leave millions of children unprotected.

Taxpayers beware! 

• A spending increase in one program must be offset by cuts in other programs. However, new or increased tax cuts that increase the nation's deficit and result in a loss of revenue to states are not required to be offset by savings elsewhere.
• Local and state taxpayers are left to shoulder the burden of declining revenue and growing needs in cash-strapped states.

Next Steps: The Senate-passed Budget Resolution includes modest improvements over the House version and requires "pay-as-you-go" for both increased spending and new or increased tax cuts. The House and Senate will have to reconcile their differences in a conference committee. Stay tuned.

In the Senate: The overtime battle rages on

The NEA-opposed Department of Labor (DOL) rule that would deny overtime pay to some 8 million workers takes effect shortly. NEA urged Senate support for the Harkin Amendment (IA) that would block these changes.

Senator Harkin won his overtime amendment in the Senate last year by a vote of 54-45, only to see it stripped from the catch-all spending bill by Republican leaders in conference committee. The Leadership fears it would pass again.

This week, the Senate Leadership pulled an important trade bill rather than allow Senators to vote on the Harkin Amendment. Senator Harkin has pledged to introduce his amendment again and again — on bill after bill.

Five-Minute Activist

Urge your Senators to support Senator Harkin's efforts to protect workers' overtime pay.

ESEA/NCLB — Congress and the Chiefs in support of common sense

Members of Congress - On special needs and LEP students

Schools that failed to make adequate yearly progress (AYP) last year should be re-evaluated under the new rules on students with disabilities and limited English proficient (LEP) students, Democratic House and Senate education committee members told Secretary of Education Rod Paige this week.

The Department of Education took two years after the passage of ESEA/NCLB to issue clear guidelines explaining how schools should account for the test scores of students with disabilities and LEP students in calculating AYP. Applying the new rules honors the spirit and intent of the law, the Members of Congress said.

Chiefs urge making sense of AYP

More than a dozen State School Chiefs joined in urging Secretary Paige to allow states with strong accountability systems greater flexibility under ESEA/NCLB, including the use of growth models. "Requiring schools that are on the right track toward proficiency to divert precious resources to transportation [for mandated school choice] or other purposes now required under NCLB just doesn't make sense," said the Chiefs in a letter to Paige.

Signing on to the letter were the Chiefs in Alaska, Arizona, California, Connecticut, Idaho, Louisiana, Maine, Montana, Nebraska, New Hampshire, Nevada, Pennsylvania, Utah and Washington.

More information on ESEA

March 19, 2004
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News from Capitol Hill...

Money and public policy update — Buckle your seat belts!

The House Budget Committee this week drafted a Budget Resolution — that is, a spending blueprint — for the 2005 budget year (Oct. 1, 2004 - Sept. 30, 2005). The full House will vote on it next week. Buckle your seat belts!

NEA urged committee members to oppose changes that jeopardize programs serving children and families. Politics prevailed over policy.

• Representative Hooley (OR) sought to increase education spending and offset the cost by taxes levied on individuals earning more than $1 million per year. The amendment was defeated on a party-line vote.

• The Education and Workforce Committee is directed to eliminate $5 million, further squeezing education programs.

• Amendments to protect Medicaid services that include health services to children, and to enhance child nutrition programs, also failed.

Beginning March 23, the fight over money and public policy moves to the House floor.

Five-Minute Activist

Tell your Representative: "I'm speaking up for my students. They need a budget that truly meets the needs of America's families and children."

ESEA/NCLB — Political rumblings shake up the law

NEA members and parents are partnering with state legislatures in taking the message to the White House: "This law needs fixing and funding."

• Resistance Growing Among State Legislatures
  The impact of the law's changes is settling in with state legislatures, and resistance is snowballing. Some 25 states have considered resolutions or bills taking issue with provisions of and/or the lack of funding for ESEA/"No Child Left Behind" Act.

• "I'm [beginning to] Hear You"
  While protesting that the law provides flexibility and its critics are guilty of misrepresentation, the Department of Education announced a series of changes in quick succession. They affect testing and adequate yearly progress (AYP) provisions first for special-needs children and then for Limited English Proficiency students, as well as "highly qualified" teacher rules for rural school and science teachers. And the Department promises more to come.

• NEA Was and Is on Target
  The issue is no longer whether the law needs fixing, but crafting the fixes. NEA welcomes the changes — changes that NEA advocated even when ESEA/NCLB was on the drawing table. But the changes make only a dent in the illogical regulations this law has created.

• Reality 101
  Stories of your experience under the law are the most effective way to help lawmakers understand the law's flaws and the needed corrections. You've won the Administration's attention. Don't stop now.

Five-Minute Activist

Send your story to mwright@nea.org.

Social Security offsets — An update

NEA met this week with Representatives McKeon (CA), Berman (CA) — the primary sponsors of the House Government Pension Offset/Windfall Elimination Provision (GPO/WEP) repeal bill — and Representative Shaw (FL), chair of the House Social Security Subcommittee. With its goal of full repeal, NEA found Chairman Shaw's proposals to address the offsets' harsh impacts unsatisfactory. The Chairman agreed to go back and try again.  

Representatives McKeon and Berman believe a discharge petition to move the repeal bill out of committee and to the House floor is not necessary at this time, as negotiations with Chairman Shaw continue. The sponsors' strategy offers the best chance for action.

The meeting with Representative Shaw (unprecedented in the long fight to address the GPO/ WEP) reflects the strong, effective advocacy of NEA members and other activists. Continuing updates can be found at www.nea.org/lac/socsec.

Employee rights and terrorism — Congress speaks out

Members of Congress are speaking out about the Department of Defense (DoD) proposal to scrap the bargaining and due process rights of its civilian employees, including the 9,000 employees of the Department of Defense schools. 

• In a letter to Secretary of Defense Rumsfeld, Senators Akaka (HI), Durbin (IL), Levin (MI), and Lieberman (CT) and Representatives Davis (IL), Skelton (MO), and Waxman (CA) voiced concern about "wholesale changes…which have no relation to the Department's national security mission" and appear "to be aimed solely at making it more difficult for employees to join unions." Representative Van Hollen (MD) is asking Representatives to sign a second letter to the Secretary.

• Senators Collins (ME), Levin (MI), Stevens (AK), Sununu (NH) and Voinovich (OH) turned to Secretary of the Navy Gordon England, who enjoyed good working relations with unions while in the private sector. In a letter to the Navy Secretary, they urged openness and involvement of the civilian workforce.

Five-Minute Activist

Add your voice. Ask your Members of Congress to request committee hearings on this abuse of political power before DoD issues the new regulations.

March 12, 2004
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News from Capitol Hill...

The fight over money and public policy

Five-Minute Activist

"For something as important as our future, it's worth lifting a finger…"  To send a message to Congress:  "I'm speaking up for my students.  They need a budget that truly meets the needs of America's families and children."

In the wee hours of the morning today — after 50 hours of debate and 25 recorded votes plus additional voice votes — the Senate approved a spending blueprint — in congressional jargon, the Budget Resolution — for Fiscal Year 2005 that begins October 1, 2004. House action could begin as early as next week.

NEA, in a series of strong messages to Congress, urged Members to support amendments that invest in children and families, and made clear that Congress will be held accountable for wrong-headed decisions.

Thumbs up! 

Higher education

Pell Grants — Senate supports a $450 increase in the maximum award. A Kennedy (D-MA) amendment to increase the maximum award from the current $4,050 to $5,100 failed on a party line vote, but opened the door for the Coleman (R-MN) amendment increasing the maximum to $4,500 to pass on a voice vote. The Budget Resolution also includes an enhanced Pell Grant program for low-income students who complete a rigorous courseload in high school.

Hope Scholarships — Senate strengthens Hope Scholarships that help lower- and middle-income families pay for college by providing a tax credit.  The Mikulski (D-MD) amendment to increase the Hope tax credit from $1,500 to $4,000 and expand it from two to four years passed by voice vote.

Medicaid — Children's health and bleeding state budgets

One hundred fifty-five national organizations — including NEA — in a joint message to Congress opposed cuts to the Medicaid program — a major issue for state budget writers and critical to children's health. And they won. The Senate adopted the Baucus (D-MT) amendment warding off the proposed cuts by a bipartisan vote of 53 to 43. 

Thumbs down!

Education — Sorry, kids

The Senate Budget Resolution continues to shortchange ESEA/"No Child Left Behind" and IDEA special education programs. Children are abandoned without resources; their schools left without tools to do the job.

Senator Murray (D-WA) merits kudos for her continued efforts to win full funding for ESEA/NCLB. The amendment failed 47-52 on a party line vote. "We can't demand that schools follow all these new mandates and then look the other way when it’s time to write the check."

Politicizing Terrorism

"How is educating the children of our military personnel a threat to national security?"

Under the guise of national security, the Department of Defense (DoD) proposes to scrap the bargaining and due process rights of its civilian employees, including the 9,000 employees of the Department of Defense schools.

Using national security as a rationale for abrogating the rights of thousands of teachers sends a message that unionized teachers pose a threat to our nation — insulting dedicated men and women in public service and trivializing real matters of national security in a perilous time. 

Five-Minute Activist

Send a message to Congress. Urge the Committees on Armed Services in the House and Senate to hold public hearings on this abuse of public service and irresponsible wielding of political power before the Department of Defense issues regulations.

"Ponying up" for special education

The Mandatory IDEA Full Funding Compromise Act (H.R. 3802)

H.R. 3802, introduced by Representatives Bass (R-NH), Bradley (R-NH), Ferguson (R-NJ), and Simmons (R-CT), would put Congress on an eight-year path to meeting its commitment to students with disabilities. Senators Hagel (R-NE) and Harkin (D-IA) earlier introduced a Senate full funding bill, S. 939.

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. 

Why "mandatory" full funding?

Thirty years of leaving special education funding to Congress' discretion has brought us to where we are. 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 Congress. Tell how IDEA shortfalls — year after year — affect your students. Urge Members to cosponsor H.R. 3802 and S. 939.

March 5, 2004
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News from Capitol Hill...

Public safety: You DID it!

A flood of constituent support from the school community, police, sheriffs, Republicans, Democrats, avid hunters and others put two NEA-supported public safety amendments over the top this week.

The Senate approved amendments:

• Renewing the 10-year-old assault weapons ban that is scheduled to expire on September 13, 2004; and
  
• Closing the gun show loophole that currently allows unlicensed sellers at gun shows in 32 states to sell firearms to anyone with no questions asked.

The amendments specifically strengthen anti-crime laws by keeping guns out of the hands of criminals and terrorists. Supporters made clear their respect for the rights of lawful gun owners.

The underlying bill to which the amendments were attached failed. But the bipartisan votes were a watershed and have created momentum.

Voices from the front lines

Thumbs down — "No Teachers Need Apply. "

Education and Workforce Committee Chairman John Boehner (R-OH) convened a hearing this week on "No Child Left Behind: Improving Results for Children with Disabilities."

NEA was officially denied the opportunity to have NEA IDEA Cadre member Rosemary King Johnston (MD) offer five minutes of testimony from a practitioner's perspective, despite her outstanding credentials as a special educator. When you're not invited to the party, you get the message.

Thank you, Representative Chris Van Hollen (D-MD), for acknowledging Rosemary's presence in the audience and submitting her written testimony for committee consideration.

Ohioans will have a lot to say March 8 when Chairman Boehner convenes a committee hearing in Columbus.

Thumbs up — An invitation to the front line

Senator Arlen Specter (R-PA), Education Appropriations (funding) Subcommittee chairman, recently held listening sessions to hear Pennsylvanians' concerns about the ESEA/"No Child Left Behind" Act and its impact on the state.

Senator Specter invited Pennsylvania State Education Association President Jim Weaver to offer his views when Education Secretary Rod Paige appeared for Specter's subcommittee this week.

The week ahead: A fight on money and public policy

The Senate begins a week-long debate on the Budget Resolution, the budget blueprint for the 2005 fiscal year that begins October 1, 2004. Senators are bracing for heated floor fights this week.

Educators' Stake in the Fight: The fiscal blueprint starves domestic programs, tightening the vise on education programs such as ESEA/NCLB, IDEA and Pell Grants.

The Bottom Line — What matters to you in your workplace: Will you be given the tools to do the job? NEA reminded Budget Committee members in a strong message that you live the challenge of doing more with less every day.

Thumbs up to Budget Committee member Senator Patty Murray (D-WA), who introduced an amendment to fully fund ESEA/NCLB at the level Congress wrote into the law. The Budget Committee rejected the amendment in a party-line vote of 10-12.

Look for education advocates to take the fight to the floor.

Five-Minute Activist

I'm speaking up for my students. They need a budget that truly meets the needs of America's families and children.

Social Security offsets

The President Signs H.R. 743 — President Bush signed H.R. 743 on March 2. The legislation includes NEA-opposed language (Sec. 418) ending the option for teachers in Texas and Georgia to protect Social Security spousal benefits from the Government Pension Offset (GPO) by transferring to a Social Security district for as little as one day. Under H.R. 743, public employees who receive a public pension and are not also enrolled in Social Security must work in covered employment for at least 60 months or five years immediately before retirement to protect their Social Security benefits.

Note! NEA was successful in moving the effective date of the change to June 30, 2004, enabling school employees planning retirement added time under the protection of the "one-day rule."

Full Repeal: Cosponsor Lists Grow — NEA continues its drive for full repeal of both the GPO and the Windfall Elimination Provision. The House repeal bill (H.R. 594) has an unprecedented 289 cosponsors. The latest additions: Murtha (D-PA) and Wolf (R-VA). The parallel Senate bill (S. 349) has 30 cosponsors. The newest addition: Crapo (R-ID).