Federal Legislative Update
May 2003

May 23, 2003
May 16, 2003
May 9, 2003
May 2, 2003

5/23/03

News from Capitol Hill...

20-220 — NEA grassroots in action

$20 Billion Fiscal Relief for States

220 House Majority on GPO/WEP Repeal Bill

$20 billion fiscal relief for states!

NEA members' messages were on the mark and made a difference again!

NEA kept its eye on the goal: fiscal relief for states struggling with the worst fiscal crises since World War II. NEA activists carried the day. House negotiators accepted the Senate-approved $20 billion in state fiscal relief.

"… state fiscal relief in the tax package is a victory for Wisconsin and other states around the nation who are coping with unfunded federal mandates."
— Gov. Jim Doyle, Wisconsin

The tax bill passed the House early Friday morning (5/23) and is expected to pass the Senate later in the day.

GPO/WEP repeal

220 bipartisan co-sponsors -- a House majority! -- sign on H.R. 594

NEA grassroots activists have won a House majority as co-sponsors of H.R. 594, the House GPO/WEP repeal bill. NEA activists, in the first six months of this 108th Congress, have won the first committee hearing ever on GPO/WEP repeal and now the support of a bipartisan House majority as co-sponsors of a repeal bill.

H.R. 594 (McKeon (R-CA)-Berman (D-CA)) now has 220 co-sponsors plus one non-voting - a House majority!

New: Becerra (D-CA); Blunt (R-MO); Davis (Danny D-IL); Davis (Joanne R-VA); English (R-PA); Sanders (I-VT); Smith (Christopher R-NJ); Towns (D-NY); Velazquez (D-NY).

S. 349 (Feinstein (D-CA)-Collins (R-ME)) has 19 cosponsors.

* Note! * This week you can visit or call your
Members of Congress at home during Congress' Memorial Day Recess, May 26-30.

The 'highly qualified' definition:

The House bill imported from the "No Child Left Behind" Act the definition that requires all teachers to have a degree in each academic subject they teach or to pass a subject matter test. This definition fails totally to recognize the multiple subject matter teaching assignments of thousands of special educators. These special education teachers who competently teach core academic subjects under a student's IEP would be declared 'unqualified.'

The Senate must "fix" this definition. NEA believes teachers licensed under state law as special educators should be deemed 'highly qualified.'

Time sensitive

Urge your Senator to oppose any provision that would simply insert the NCLB "highly qualified" provision for special education teachers and to define a special education teacher with state special education certification or licensure as "highly qualified."

Paying to teach: Out-of-pocket costs

State fiscal woes and education funding shortfalls mean more frozen supply budgets and more school employees digging deep into their pockets for classroom materials.

The current deduction for out-of-pocket classroom expenses allowing educators inclusively -- teachers, counselors, principals and education support professionals -- to recoup at least some of what they spend, expires this year.

H.R. 785 (Camp (R-MI), Pryce (R-OH) and Tanner (D-TN)) would:

• Make permanent the above-the-line deduction [Above-the-line deductions apply whether or not a taxpayer itemizes.]
• Increase the maximum deduction from the current $250 to $400.
• Expand allowable expenses to include professional development.

The 10-year benefit to educators would total $3 billion.

Time sensitive

Maximize support now to move the bill.  Is your Representative a co-sponsor?

Ask your Representative to support tax relief for teachers and education support professionals by becoming a cosponsor of HR 785.

Thank the co-sponsors (124 to date).

5/16/03
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News from Capitol Hill...

State fiscal relief

Senate supports fiscal relief for states

NEA members' messages were on the mark and made a difference. The Senate approved $20 billion in state fiscal relief by a vote of 95-3 (Lott (R-MS), Nickles (R-OK) and Ensign (R-NV) voted against). The bipartisan (Collins (R-ME), Nelson (D-NE), Rockefeller (D-WV)) amendment to the Senate-approved tax bill provides $20 billion in state fiscal relief with $10 billion earmarked for Federal Medicaid Assistance, $6 billion for states, and $4 billion for local governments.

Making a difference again!
The week of May 19, the House and Senate tax-writers head to conference to negotiate the differences in the House- and Senate-approved tax bills.

The House proposal for direct aid to states: $ 0

The Senate proposal for direct aid to states: $20 billion

Time sensitive

Action needed now: Tell your Members of Congress:

• Urge the House and Senate negotiators to support the Senate-approved state fiscal relief.
• Help stave off additional state budget cuts that can wreak havoc on both the state and national economy.

Teacher Tax Relief Act (H.R. 785)

The current deduction for out-of-pocket classroom expenses, allowing educators inclusively -- teachers, counselors, principals and education support professionals -- to recoup at least some of what they spend, expires this year.

News Flash! The Senate during the May 15 marathon tax debate voted to extend the current deduction through 2004 and the Finance Committee Chairman committed to explore adding language to another tax bill that would increase the deduction, make it permanent, and expand its uses. NEA thanks Sen. John Warner (R-VA) for leading the charge.

A bill now in the House, H.R. 785 (Camp (R-MI), Pryce (R-OH) and Tanner (D-TN)) would:

• Make the above-the-line deduction permanent [An above-the-line deduction applies whether or not a taxpayer itemizes.]
• Increase the maximum deduction from the current $250 to $400.
• Expand allowable expenses to include professional development.

The bill would take effect this tax year. The 10-year benefit to educators would total $3 billion.

Time sensitive

Action needed now to maximize support in the House

Is your Representative a co-sponsor?

Ask the non-co-sponsors to support tax relief for teachers and education support professionals by becoming a cosponsor of H.R. 785.

Thank the co-sponsors (more than 120 to date).

Health insurance costs

NEA member addresses Senate Committee on soaring health insurance costs

Soaring health insurance costs are eating up school employees' take-home pay and stressing school budgets, forcing layoffs and program cutbacks, NEA member Paul Burrow told a Senate committee. Burrow chairs the Iowa State Employees' Benefits Association (ISEBA) Board of Directors, a joint effort of the Iowa Association of School Boards and the Iowa State Education Association. "The federal government must seek solutions for this problem," Burrow told Senators, so that "schools can concentrate on the mission of helping all students learn."

GPO/WEP

Co-sponsor news = MORE!

H.R. 594 (McKeon (R-CA)-Berman (D-CA) now has 211 co-sponsors plus one non-voting - just seven short of a House majority! New: Bishop (D-NY); Cummings (D-MD); Hobson (R-OH); Toomey (R-PA); Walden (R-OR)

S. 349 (Feinstein (D-CA)-Collins (R-ME) has 19 cosponsors. New: Dick Durbin (D-IL).

'Just say no' to DC vouchers

Coalition vows to defeat D.C. voucher bill

A diverse coalition of committed parents, education organizations and public interest groups announced the creation of the Coalition for Accountable Public Schools (CAPS). The coalition defines its immediate mission as the defeat of H.R. 684, which would institute federally funded school vouchers in Washington, D.C. The bill has the support of the Administration. D.C. Delegate Eleanor Holmes Norton fiercely opposes the bill. Stay tuned!

5/9/03
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News Flash!!

A toll-free number is now available for National Call-in Day.

1-888-280-6279

If 1-888-280-6279 is busy, call the Capitol switchboard at 202-224-3121.

Original Message - Friday, May 9

News from Capitol Hill...

May 14 -- National Call-in Day --
Call Congress! 202-224-3121

-- THE EDUCATION MESSAGE --

It's time for Congress to 'just say NO' to irresponsible tax cuts. "This fervor for tax breaks at the expense of all else demonstrates that there are some who see tax cuts not as a policy, but as a theology…Our goal should be a policy that puts Americans back to work, gets our economy growing and keeps us on the right track for future generations." -- Senator Jim Jeffords (VT)

Voters reject 'cheaper by the half-loaf' -- According to a nonpartisan poll released last month -- and confirmed by almost every other poll on American's attitudes toward tax cuts -- 80 percent of respondents preferred to have resources dedicated to such programs as education, health care and Social Security over tax cuts.

Congress, nevertheless, continues to march blithely forward putting tax cuts ahead of state and local needs.

I'm sorry that the states are in deficit…" - President George Bush: Governors and legislators of both parties, as well as most economists, argue that states need an immediate injection of at least $30 billion to stave off additional cuts that can wreak havoc on both the state and national economy. The Senate bill would provide $20 billion in state fiscal relief. The House proposal for direct aid to states is $0. The cheapest tax cut proposed: $350 billion.

Education - doing more with less: States struggling with ballooning deficits have made painful cuts. Congress continues to underfund the federal share of special education mandates. The 'No Child Left Behind' Act (NCLB) imposes new unfunded mandates. Failing to provide states and communities immediate fiscal relief threatens the gains made by students and public schools the last several years and delays any economic recovery.

Tell Congress: 'Just say NO' to DC vouchers

Discussions between Administration officials and Mayor Anthony Williams would turn Washington,D.C. into a laboratory for school vouchers. Mayor Williams requested federal officials to take responsibility for $100 million of the city's burgeoning special education costs each year. The Mayor stated emphatically that the new funds, if approved, would not come in exchange for support for vouchers. Critics, however, question the appearance of a 'quid pro quo.'

Vouchers are not the solution to improving educational opportunity in the District's schools:

• There is no solid evidence that vouchers improve student achievement. A specialist providing technical assistance to Milwaukee voucher schools said, "I don't think we have the data to show that there has been a dramatic improvement. At the end of the day, it is about the teacher and his or her classroom and that is hard, hard work."
• Vouchers would not expand the options available to parents in the District. There is public school choice in the District, and the District offers more charter schools per capita than any other school district in the nation. Further, choice belongs to the private school. There is no guarantee that a student granted a voucher would be accepted. Only 32 private schools located within the District charge tuition of $5,000 or less and space is strictly limited.
• Vouchers lack accountability. Accountability is the cornerstone of the 'No Child Left Behind' Act (NCLB). To send public funds to schools over which the public may exercise no oversight is inconsistent and violates the principles of NCLB.
• Vouchers do nothing to improve opportunities for children in DC public schools. Education reform must focus on improving public schools where the vast majority of children will continue to be educated.

IDEA update

Further action awaits a Senate bill now expected in late May.

GPO/WEP repeal bills -- Co-sponsor news = MORE!

H.R. 594 (McKeon (R-CA)-Berman (D-CA)) now has 206 co-sponsors plus one non-voting.

New: Representatives Boswell (D-IA); Brown (D-FL); Capito (R-WV); Carson (D-IN); Gallegly (R-CA); Miller (Gary R-CA); Hastings (D-FL), Holt (D-NJ); Menendez (D-NJ); Pascrall (D-NJ); Rothman (D-NJ); Rush (D-IL); Sullivan (R-OK).

S. 349 (Feinstein (D-CA)-Collins (R-ME)) has 18 co-sponsors.

New: Senator Lincoln (D-AR).

5/2/03
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News from Capitol Hill...

News Flash!

IDEA: Big wins on voucher amendments; Leadership blocks funding amendment

Note! Members report messages circulating that misrepresent NEA positions. NEA letters to Members of Congress outlining NEA positions on the many issues in the IDEA bill (H.R. 1350) are online at: (Full House and the Committee -  Microsoft Word docs).

Voucher Amendments Go Down - The House twice defeated NEA-opposed voucher amendments.

• DeMint (SC) Amendment -- 182-240
• Musgrave (CO) Amendment -- 176-247

House Rejects 'Medical Model' for Learning Disabilities - NEA strongly opposed the Tancredo (CO) Amendment that would take education personnel out of the process for identifying learning disabilities. Essentially, only medical personnel would make such determinations.

Representative Tim Murphy (PA), a psychologist who has done many student evaluations, told his House colleagues that physicians are not qualified to make these determinations. They can identify brain damage, he said, but not learning disabilities. The House rejected the amendment 54-367.

Leadership Blocks Full Funding Amendment - The House accepted the NEA-opposed rule governing debate on the bill by a narrow margin, 211-195. The vote had serious consequences because it blocked the House from considering a full funding amendment.

The Bottom Line: 'Incomplete' - NEA withheld its endorsement of the bill as passed. H.R. 1350 begins to address important concerns: improving achievement for students with disabilities, improving services offered by IDEA, and improving working conditions for educators. However, in its present form, it earns only an 'incomplete.'

Negotiations on an improved Senate bill are already underway. The Senate is expected to introduce its bill in late May.

Improvements needed!

Full Funding: Mandatory full funding of the federal share of special education costs.

Highly Qualified: Clarification that special educators certified under state law are 'highly qualified' and not required also to have multiple undergraduate majors in different content areas. Clarification of personnel standards relating to paraprofessionals.

Cap on Funds: Removal of arbitrary caps on funds to reduce inappropriate identification of students as disabled. Disproportionate representation should be addressed by expanded early intervention - funded with new monies - and professional development for better identification.

Paperwork: Stronger language on paperwork reduction.

IEP Meetings: IEP team members excusal from meetings only with their consent.

Caseloads: State policies relating to maximum caseloads for special educators.

NEA is committed to winning a final bill that supports quality services for special needs students by supporting the educators who provide for their needs.

Action sought

THANKS to your Representatives who

• opposed the House rule that disallowed consideration of the full funding amendment;
• opposed the DeMint and Musgrave voucher amendments.

Texas State Teachers Association president Donna New Haschke addressed the committee offering a real-life perspective on the offsets' impact on some 6 million federal, state and local government employees who have dedicated their careers to public service. The message was strong and clear. For the first time, the committee expressed its interest in delving into the offsets issue.

Tax Cuts and National Priorities

Fast-track: House Leaders plan to more swiftly next week to pass a tax cut package. The Administration proposed a $726 billion tax package; the House approved a $550 billion version; and the Senate agreed to tax cuts totaling $350 billion.

The state fallout: The proposed tax cuts jeopardize not only federally-funded health and education programs, but also state revenue linked to federal tax policy.

In perspective: Politicians wax poetic about the need for a highly qualified teacher in every classroom. H.R. 1643 (Wilson - NM) would offer teachers in high-need schools an income tax credit as an enticement to serve in communities with the greatest needs and often the lowest salaries. Total cost: $15 billion -- a fraction of the smallest proposed tax cut.

Doing what's right - a risky business: Senator Olympia Snowe (ME) was targeted by a political interest group that aired an outrageous attack against her for opposing an irresponsible tax cut. NEA and the Maine Education Association rallied to the defense of doing the right thing with a television ad asking Maine residents to call and thank the Senator. "Her independence may not be popular in Washington, but it sure makes her good for our kids."

The Administration's proposal and Congress' budget blueprint put tax cuts first - before the needs of our states, local communities, 'first-responders' and schools.

Action alert!

Send a message to your Representative and Senators: In this time of deficits and uncertainty, minimize tax cuts! Put our states, our communities and our schools first!