Federal Legislative Update

June 2003

June 26, 2003
June 20, 2003
June 13, 2003
June 3, 2003

6/26/03

News from Capitol Hill...

DC vouchers

D.C. voucher bill managers delayed committee action to July 8 to shore up their votes. The vote count takes on a special importance with D.C. a targeted launch site for a national program.

Action Needed - Urge your Representative and Senators to "just say NO" to H.R. 2556, the DC Parental Choice Incentive Act of 2003.

Education funding

Advocates search for "resources of mass instruction."

It's about the money.

Congress took up education funding this week. House and Senate committees offered rhetoric. Advocates continue the search for "resources of mass instruction."

What they say:

Trust us. The money's there to implement the "No Child Left Behind" (NCLB) Act and the Individuals with Disabilities Education Act (IDEA) -- a $2.3 billion increase in education spending.

What they don't say:

The increase is less than the amount promised just weeks ago in the spending blueprint for the 2004 budget year (Oct. 1, 2003 - Sept. 30, 2004).

The increases for Title I programs for disadvantaged children and for special education do little to move either toward full funding.

• More than half our most needy children continue to be left behind.
• Title I fully serves only 40 percent of eligible children. Yet, Title I funding falls a whopping $6.15 billion below the amount approved in NCLB and even below spending targets set in the 2004 spending blueprint.

Without a guarantee, IDEA full funding remains rhetoric.

• Congress funds less than half the 40 percent federal share of funding. Local districts are forced to make up the shortfall, over $300 billion since IDEA became law.
• Congress fails to honor its own budget targets. IDEA funding falls $1.2 billion below the level set in the spending blueprint for the 2004 budget year and in the House-passed IDEA reauthorization bill.

Funding is frozen for key programs such as Teacher Quality Grants, with only a token 1 percent increase for others, such as rural education.

The Pell Grant maximum is frozen despite widespread higher education tuition increases.

Action Needed: The full House and Senate take up education funding after this week's July 4 recess.

No child left behind?

Tell your Members of Congress it's Congress' turn to meet its accountability challenge and provide students the tools for success.

IDEA

Tell your Senators local schools should not be forced to make up the federal funding shortfall; students should not be denied services; meeting our responsibility should not be a year-to-year decision.

Urge your Senators to co-sponsor S. 939 (Harkin (D-IA), Hagel (R-NE)) that would phase in mandatory IDEA full funding. It's the right thing to do.

IDEA reauthorization

The Senate Bill (S. 1248) - is on the move. On June 25, the Committee cleared S. 1248, the Individuals with Disabilities Education Improvement Act of 2003 (Gregg (R-NH), Kennedy (D-MA)). Committee action was largely a formality since Committee leaders reached a bipartisan agreement to leave controversial debate and votes for the Senate floor.

A Quick Scan: Important issues addressed in S. 1248 include accessibility of materials, assessment, discipline, early intervention, IEPs, paperwork reduction, and transition.

NEA Advocates on Point -- NEA advocates' hard work brought some significant changes in the Senate bill. Specifically, the Senate bill seeks to "fix" the definition of "highly qualified" special educator. Work on the Senate language continues. NEA applauds the committee's efforts to date.

Special educators often teach multiple academic subjects competently under a special needs student's education plan. The House-passed bill would require them not only to hold a special education license, but also to have academic majors or to pass tests in multiple teaching areas - criteria both unrealistic and unnecessary. NEA supports language that would deem special educators with state certification or licensure "highly qualified. "

Action Needed - Ask your Senators to support the "highly qualified" definition for special educators when S. 1248 comes to the Senate floor.

Next - Senate Floor Action - Stay tuned for debate and votes on controversial issues.

June 30 - July 4 -- Congress in recess

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6/20/03

News from Capitol Hill...

Education funding

This week's education spending bill OK'd by the House Appropriations Subcommittee signaled advocates, "It's time to mobilize!"

Top 11 Problems with the Education Funding Bill for Fiscal Year (FY) 2004 (October 1, 2003 - September 30, 2004)

1. The increase for IDEA Special Education is less than the amount promised in both the Budget Resolution and the House-passed IDEA reauthorization bill, H.R. 1350. At the rate of increase provided, to reach full funding of the federal share of 40 percent would take too long.
2. The increase for "No Child Left Behind" Act (NCLB) programs falls far short of the amount approved in the last Congress.
3. The increase for Title I programs for disadvantaged students is below the level promised in the Budget Resolution and far below the amount approved in NCLB.
4. Freezes funding for Teacher Quality state grants under NCLB.
5. Freezes funding for 21st Century Community Learning Centers after school programs.
6. Freezes funding for Safe and Drug-Free Schools state grants.
7. Freezes funding for Education Technology state grants.
8. Freezes funding for English Language Acquisition Grants.
9. Fails to increase the Pell Grant maximum award despite increased costs. College students faced on average a 10 percent tuition increase at four-year public colleges and universities in the school year just ended.
10. Provides only a 1 percent increase for Rural Education.
11. The overall increase for education programs is less than the amount promised in the FY 2004 Budget Resolution, the spending blueprint approved just weeks ago.

Next Steps: The full House Appropriations Committee will take up education funding on June 25.

No child left behind?

Tell your Representative your state has met its NCLB accountability challenge. Its plan has been accepted by the U.S. Department of Education. Now it's Congress' turn to meet its accountability challenge and provide schools the tools for success.

Urge your Representative to sponsor NEA's Great Public Schools Bill that would mandate funding all federal requirements at the levels established in the NCLB bill.

Ask your Representative to co-sponsor  these bills that honor our national commitment to provide all children the tools for success:

• H.R. 2107 (Van Hollen - MD), The Keep Our Promise to America's Children and Teachers Act (Keep Our PACT Act), would guarantee full funding for both NCLB and IDEA.
• H.R. 2394 (Moore - KS), the Keeping Our Promises to America's Children Act of 2003, would allow states or school districts to suspend, modify or defer any of the sanctions for failing to meet AYP in any year in which Title I is not funded at its authorized level.

IDEA

The new Senate IDEA reauthorization bill does not include full funding. Mandatory full funding of IDEA is a matter of honoring Congress' commitment to all our children and to local communities that bear the burden of the federal funding shortfall. They have waited long enough.

Urge your Senators to co-sponsor S. 939 (Harkin (D-IA), Hagel (R-NE)) that would phase in mandatory IDEA full funding. It's the right thing to do.

IDEA reauthorization

Senate Committee Action Calendar June 25

NEA does its homework. This week, NEA organized conference calls to all state affiliates in preparation for Senate Committee consideration of the 360-page "Individuals with Disabilities Education Improvement Act of 2003" (S. 1284). Stay tuned.

S. 1248 - A Quick Scan

• Defining "highly qualified" teacher: NEA advocates score. S. 1248 recognizes that the NCLB "highly qualified teacher" definition incorporated into the House bill is a bad fit for special education teaching assignments. It recognizes state certified special education teachers as 'highly qualified.' NEA continues to work on the proposed language to ensure that the words support the intent.
• IEPs and Paperwork Reduction: S. 1248 eliminates short-term objectives, but requires quarterly reports to parents and directs the Department of Education to develop a model IEP form.
• Discipline: Under S. 1248, a student who has caused serious bodily injury may be removed to an interim alternative setting for up to 45 school days. The bill provides $50 million for the development of positive behavioral programs and quality alternative education settings.

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6/13/03

News from Capitol Hill...

Correcting the 'No Child Left Behind' Act (NCLB) - NEA bill is here!

NEA's Great Public Schools for Every Child Bill is in every congressional office. The bill includes all six NEA priority corrections that provide real help for real students in our public schools.

• Funding - Fully fund all federal requirements at the levels established in the bill. Suspend all testing and accountability requirements not fully funded.
  
• "Highly Qualified Teachers" - Ensure that all children have a "highly qualified teacher" by modifying the definition to reflect the unique circumstances of special education, middle school, bilingual education, and rural school assignments, and withdrawing the blanket exemptions applied to charter schools, supplemental service providers, and alternate route programs.
  
• 'AYP' - Grant schools flexibility in measuring adequate yearly progress.
  
• Schools-in-need-of-Improvement - Grant states flexibility in taking steps to improve schools in need of help.
  
• Paraprofessionals - Ensure that schools fund the help paraprofessionals need to meet the new NCLB standards.
  
• Civil Rights - Ensure that entities receiving federal funds comply with federal civil rights laws.

Action Alert! Urge your U.S. Representative and Senators to sponsor NEA's Great Public Schools for Every Child Act.

Other bills to improve NCLB

"What is obvious is not always evident." -The obvious need for corrections is becoming increasingly evident, prompting Members of Congress to introduce corrective bills. NEA supports these efforts to improve NCLB and leverage support for needed corrections

• S. 956, The Student Testing Flexibility Act of 2003 by Sen. Feingold (D-WI); Co-sponsors: Jeffords (I-VT), Leahy (D-VT), Dayton (D-MN)
  
  
• S. 1189, The Federal Education Fair Accountability Act of 2003 (FedFAIR) by Sen. Durbin (D-IL)
  
  
• H.R. 947, The School Capacity Relief Act by Rep. Weiner (D-NY); Co-sponsors: Case (D-HI)
  
  
• H.R. 2107, The Keep Our Promise to America's Children and Teachers Act (Keep Our PACT Act) by Rep. Van Hollen (D-MD)
  
  
• H.R. 2394, the Keeping Our Promises to America's Children Act of 2003 by Rep. Moore (D-KS). Co-sponsors: Taylor (D-MS), Woolsey (D-CA), Rodriguez (D-TX), Filner (D-CA), Gordon (D-TN), Case (D-HI), Frank (D-MA), Strickland (D-OH), Peterson (D-MN), Etheridge (D-NC), Allen (D-ME), Davis (D-TN), Michaud (D-ME), and Lee (D-CA)

NEA supports the concepts of the following two bills and is working with their sponsors to address our concerns: H.R. 2348, the American ParaProfessional Learning Equity Act of 2003 (APPLE Act) by Rep. Duncan (R-TN); and H.R. 2366, the Fully Fund the No Child Left Behind Act by Rep. Etheridge (D-NC).

IDEA Round Four - The Senate Bill

NEA applauds Senate efforts to address "highly qualified" definition: Less than 24 hours ago, the Senate released its IDEA reauthorization bill that has been in the wings since the House bill passed on April 30. NEA is analyzing the as yet unnumbered bill. Stay tuned.

"Highly qualified" definition - First glance. NEA's hard work in the Senate appears to have yielded a major policy win! NEA applauds Senate efforts to address and correct the House bill's "highly qualified teacher" language. The House bill imported the ESEA/NCLB language that requires all teachers to have degrees or to pass tests in each academic subject taught. Under the House bill, thousands of special education teachers who have already demonstrated their competence in their fields will be labeled as "not highly qualified."

About mandatory full funding of IDEA. The bill does not include mandatory full funding.

What's rumored: The Senate Committee on Health, Education, Labor and Pensions (HELP) will be denied the opportunity to consider mandatory full funding.

What we know: The 1975 special education law guaranteed every special-needs child a "free appropriate" education. Congress promised to reimburse states for up to 40 percent of the cost. However, Congress has never honored this commitment. The federal government currently provides states 18 percent of the cost. Since the inception of the Individuals with Disabilities Education Act in 1975, the unfunded federal portion has cost local schools and taxpayers over $300 billion.

What we need … Action Alert!

• Urge Senators on the HELP Committee -- "Ensure the Senate reauthorization bill includes a provision for mandatory full funding of IDEA."
• Urge Senators not on the HELP Committee to carry this message to committee members.

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6/03/03

News from Capitol Hill...

News Flash!

Senate votes to expand childcare tax credit to low-income families

NEA and a coalition of children's advocacy groups created a political firestorm that yielded results! NEA urged Senators "to extend immediately the childcare tax credit to include the nearly 12 million low-income households wrongly left out of the tax cut bill signed into law last week by President Bush." Senate supporters, led by Senator Blanche Lincoln (AR), won the day and tax relief for hard-working, minimum-wage families.

IDEA - Rumors are flying

…about mandatory full funding of IDEA. Rumors allege that the Senate Committee on Health, Education, Labor and Pensions (HELP) will be denied the opportunity to consider mandatory full funding of the Individuals with Disabilities Education Act (IDEA). The Senate's IDEA reauthorization bill has been in the wings since the House bill passed on April 30.

What we know ... The 1975 special education law guaranteed every special-needs child a "free appropriate" education. Congress promised to reimburse states for up to 40 percent of the cost. However, Congress has never honored this commitment. The federal government currently provides states 18 percent of the cost.

Since the inception of the Individuals with Disabilities Education Act in 1975, the unfunded federal portion has cost local schools and taxpayers over $300 billion.

What we need ... Action Alert!

• Urge Senators on the HELP Committee -- "Ensure the Senate reauthorization bill includes a provision for mandatory full funding of IDEA."
• Urge Senators not on the HELP Committee to carry this message to committee members.

Note! NEA continues to press for state-certified special educators to be deemed "highly qualified."

State fiscal relief

The check is in the mail… The state allocation process for the $20 billion in state fiscal relief won in the recent tax bill is beginning right now.

The Secretary of the Treasury is instructed to provide payments under a program to be established within 45 days of the enactment of the new law on May 28, 2003. Five billion for general revenue sharing will be distributed in FY2003, that is, the current fiscal year that ends on September 30, 2003. An additional $5 billion will be distributed in FY 2004 (October 1, 2003 - September 30, 2004). The additional $10 billion is earmarked for Medicaid relief.

Support the Dream Act on Tuesday, June 10

The Issue: Current federal law restricts states' ability to provide in-state tuition or higher education assistance to the over 50,000 undocumented immigrant students raised in the U.S. -- including class valedictorians and honor students -- who graduate each year. The loss to these students and to society as a whole is considerable.

The Remedy: S. 1291, the Dream Act, sponsored by Senators Hatch (R-UT) and Durbin (D-IL), would allow states to determine their own residency rules, thereby permitting them to provide in-state tuition or higher education assistance. These young people who have grown up in the U.S. could hope to go to college and to clear their immigrant status.

How to help: Support their dream and America's future. On June 10, urge your Senators to support the Dream Act.

Paying to teach -- Out-of-pocket costs

The issue: State fiscal woes and education funding shortfalls mean 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 some of what they spend, expires this year.

The remedy: 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, and
• Expand allowable expenses to include professional development.

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

How to help:

• See if your Representative is a co-sponsor.
• Ask your Representative to support tax relief for teachers and education support professionals by becoming a co-sponsor of H.R. 785.
• Thank the co-sponsors.

GPO/WEP repeal

223 bipartisan co-sponsors sign on H.R. 594

H.R. 594 (McKeon (R-CA)-Berman (D-CA) now has 223 co-sponsors plus one non-voting - a House majority plus!

New: Crowley (D-NY); DeGette (D-CO); Quinn (R-NY)

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