Federal Legislative Update
September 2004

September 24, 2004
September 17, 2004
September 10, 2004

September 24, 2004

A Great Start -Thank You!

On September 22, some 4,000 parents, teachers, students and concerned families hosted meetings in homes, schools and churches across the country to launch a citizen-led campaign for our public schools. A great start … and just the beginning.

Discussion centered on key issues relating to public education. Among these are lack of access to early childhood programs, overcrowded classrooms, teachers laid off or forced out of the profession, skyrocketing college costs and a federal education law that labels many public schools as failing without providing the resources needed to succeed.

The gatherings were part of the National Mobilization for Great Public Schools organized by the National Education Association, Campaign for America's Future, ACORN, MoveOn.org, NAACP National Voter Fund and U.S. Hispanic Leadership Institute, along with 50 other groups.

Victory -- Tax Breaks for Classroom Expenses Extended!

The $250 tax deduction for out-of-pocket classroom expenses incurred by teachers and paraprofessionals will be extended for the 2004 and 2005 tax years under House- and Senate-passed legislation (H.R. 1308) extending marriage penalty relief and the child tax credit.

In 2002, Congress passed legislation giving teachers and paraprofessionals a $250 federal tax deduction for teacher and paraprofessional out-of-pocket expenses for instructional materials and classroom supplies. The legislation represented an acknowledgment - for the first time - that teachers and paraprofessionals are spending their own money to equip their classrooms. This modest tax break expired at the end of 2003.

NEA and some lawmakers worked throughout the year to reinstate the deduction and will continue to work to make the deduction permanent and to expand eligible expenses to include professional development.

The tax bill also includes two other NEA victories - the extension of the Qualified Zone Academy Bond Program providing $400 million each year in 2004 and 2005 for school construction; and extension of a tax deduction for corporations that donate computers to public schools. The President is expected to sign the bill into law shortly.

'The Public Servant Retirement Protection Act' (H.R. 4391)

NEA is urging Congress to vote on the “Public Servant Retirement Protection Act” (H.R. 4391) before leaving Washington for the campaign trail. H.R. 4391 would replace the Windfall Elimination Provision with a more equitable formula. NEA supports the legislation as a first step to help members.

The bill now has 55 cosponsors. The newest include: Baca (D-CA); Baldwin (D-WI); Cunningham (R-CA); Davis, Susan (D-CA); Davis, Tom (R-VA).

Full-repeal sponsors, Representatives McKeon (R-CA) and Berman (D-CA), are also cosponsors of this new WEP bill and are pressing for a vote.

NEA remains totally committed to repeal. That work continues.

Perkins Act -

Senate Committee Keeps Tech-Prep Program Intact; Emphasizes Technology Training

A Senate committee approved legislation Wednesday that would rewrite the nation's main vocational education program to emphasize training so students can meet the demands of a high-tech workplace.

The Senate Health, Education, Labor and Pensions Committee (HELP) approved the vocational education bill (S. 2686) that would reauthorize and renew the Carl D. Perkins Vocational and Technical Education Act of 1998 (P.L. 105-332). The legislation - popularly known as 'the Perkins bill' -- provides state grants for career and technical education. The grants make available vocational education courses for many low-income students, from those in high school to adults who are changing careers.

The House Education and the Workforce Committee approved its reauthorization bill (H.R. 4496) on July 21.

The Senate bill, unlike the House measure, would not merge the Perkins state grant program with the Tech-Prep program, which provides specialized math and science training to make it easier for high school students to transfer to a vocational school or a community college. NEA urged the Committee to keep separate the funding streams for Tech Prep and the Basic State Grant. Continued funding for both efforts is critical to fostering further innovation and reform, NEA told Committee members.

The Senate and House bills both would renew the program through 2010, but they do not specify an authorization amount to fund the grants.

The timeline for full Senate action remains unclear. Advocates remain hopeful, however, that reauthorization can be completed before this Congress adjourns.

September 17, 2004
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The governors and mayors speak

The nation's governors, mayors and a broad bipartisan group of state and local organizations have "stepped up to the plate" and this week urged Congress to honor its commitment to education. "To be successful, Congress must provide states and localities with adequate resources to cover costs incurred by federal programs and mandates," they told Congressional committee leaders.

Standing up together for our schools and our kids

We have an incredible opportunity this month to talk about public education in our own community, our state and the nation. On Sept. 22, parents, teachers, students and concerned families are coming together at meetings in homes, schools and churches across the country to launch a citizen-led campaign for our public schools.

NEA — along with MoveOn.org, the Campaign for America's Future and more than 40 allied groups — are joining forces to sponsor these community meetings. Thousands of us will convene to confront Congress' failing grades on education, and begin to develop real solutions for our children's future.

Education challenges mount while Congress and the Administration continue to break their promise to fund the "No Child Left Behind" Act. Washington is placing greater burdens on schools, while shortchanging them nearly $27 billion — resources essential to make reforms work.

Volunteer today

Host a house party for great public schools. Join the more than 3,300 educators, parents and students who have already registered to host house parties this September. Visit www.greatpublicschools.org to learn more and sign up online. All the materials you will need to host the party are also online. And you will receive a DVD/VHS to get the conversation going.

In Congress...

A long 'to-do' list … A short schedule

Less than a month remains before Members of Congress go home to campaign.

Fixing the 'No Child Left Behind' Act

New legislation offers solutions to some significant ESEA/NCLB implementation problems. NEA greeted the No Child Left Behind Improvement Act, S. 2794 (Kennedy (D-MA) as "a positive step in the right direction." The bill provides:

• consistent standards for teacher and paraprofessional quality;
• more reasonable assessments for students with disabilities and limited English proficiency;
• more resources to increase school building capacity for sensible implementation of public school choice provisions; and
• training for teachers in using test results effectively to improve instruction.

Cosponsors include: Senators Bingaman (D-NM), Clinton (D-NY), Dodd (D-CT), Harkin (D-IA), Jeffords (I-VT), Mikulski (D-MD), Murray (D-WA), and Reed (D-RI).

NEA President Reg Weaver nevertheless noted, "We strongly believe that in order to make the 'No Child Left Behind' law work, more fundamental changes will have to be made. The law continues to evaluate student and school progress on just a "snapshot" — two tests taken once a year — and it fails to measure growth in individual student achievement over time."

Five-Minute Activist

Course corrections are critical to achieving our goals: increasing student achievement and closing the achievement gap.

Senate Appropriations Committee - $ and sense

Funding - 'No Child Left Behind,' special education, Pell Grants

"Better, but Insufficient" — The Senate Appropriations Committee approved a draft spending bill for Labor, Health, and Education programs in the new fiscal year beginning October 1. While the bill provides more funding for Title I and Special Education than either the President's budget request or the House-passed bill, it still falls short of the funding levels set in "No Child Left Behind" and IDEA.

The maximum annual amount for a Pell Grant remains frozen at $4,050 for the third consecutive year, like the President's budget request and the House-passed bill. The bill now goes before the full Senate.

NEA is urging the Senate to fund the critical program needs NEA communicated, based on input from members. "Policymakers in Washington should listen and act according to the recommendations of those who work with children every day," NEA President Reg Weaver said.

Overtime revolt wins support

The Committee handed the Administration a third consecutive defeat for its labor policies. Committee members adopted by a vote of 16-13 the NEA-supported Harkin (D-IA) Amendment to block enforcement of any of the new Administration overtime eligibility standards that would take away overtime pay for workers who are now eligible. It maintains the new rights for low-income workers. All Democratic committee members plus Republicans Campbell (CO) and Specter (PA) supported the amendment.

The full House last week adopted a similar amendment to its version of the Labor, Health, and Education funding bill. Also, last week a House committee voted to oppose an Administration outsourcing proposal for federal employees.

Note: The new Administration rules became effective on August 23 and continue in effect while the debate in Congress continues. Stay tuned.

September 10, 2004
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Congress Returns -
The Last Lap to Election Day

News from Capitol Hill...

Congress supports families …rebukes Administration policies

House opposes overtime rules

September 9, 2004: By a vote of 223-193, the House delivered a sharp rebuke to Administration policy and voted to block the Department of Labor from carrying out overtime rules that jeopardize millions of workers' overtime pay. The Obey-Miller Amendment blocks all aspects of the rule except the provisions to extend overtime pay to lower-paid workers.

The Roll Call: Thank You! to the 223 Representatives — 200 Democrats (all Democrats present and voting), 22 pro-worker Republicans and one Independent joined forces to pass the overtime rule amendment to the major Labor, HHS, and Education funding bill (H.R. 5006).

The Veto Trump Card: NEA, AFL-CIO and the National Employment Law project have fought for more than a year to stop the Department of Labor from implementing the new rule. Last year, both the House and Senate voted to block any provision that denied workers overtime pay, only to lose the fight to the President's veto threat.

The Senate has yet to act on the underlying funding bill, and the bill is not likely to reach the President's desk for a possible second veto before the election.

The  Administration's new rules on overtime pay — which took effect on August 23 — continue in effect while the controversy plays out.

The new rules raise many questions. Employees who question their overtime pay status should contact their local association.

Five-Minute Activist

You can help! Send the President a message: America's families need your support.

Senate committee blocks outsourcing

A Senate subcommittee dealt the Administration a second political blow this week and adopted language — the Mikulski (MD) Amendment — designed to prohibit the Administration from outsourcing certain federal jobs.

President Bush is expected to threaten a veto.

2005 - The budget: Leaving a generation behind

With the language blocking efforts to jeopardize overtime pay affixed to the bill, the House easily passed H.R. 5006, funding Labor, HHS, and Education programs. The funding would leave a generation behind.

The vote simply moves the bill forward to allow the Senate to act and the real battle to begin when House and Senate negotiators meet in Conference Committee. Rep. Obey — a staunch advocate for education funding — made clear that the bill would not have his support if the overtime language was stripped away and if funding levels were not increased.

Budgeting and reality: When more = less

• Title I — The $1 billion increase (8.1 percent) — the level requested by President Bush — sounds hefty. The reality: The total proposed falls $7.2 billion below the funding authorized in the ESEA/"No Child Left Behind" Act. More than 4 million low-income children are left without the help they need for academic success.

• IDEA (Individuals with Disabilities Education Act) — The $1 billion increase (9.9 percent) — the level requested by President Bush — sounds hefty. The reality: The total proposed brings the federal share of special education costs to 19.7 percent, less than half the promised 40 percent. At this rate of increase, the federal shortfall will continue for decades.

• Reallocating funds = eliminating programs, including dropout prevention and school counseling. Other programs are frozen at last year's levels.

• Higher education — The increase in total Pell Grant funding simply pays for the shortfall. The Pell Grant maximum award would be frozen at $4,050 for the third year. The purchasing power of the grants has fallen by more than half in the last 30 years. In the 1970s, the grants paid some 85 percent of college tuition costs. They now pay only about 30 percent.

Real funding for real needs

The battle is engaged. Action in the Senate is yet to come. Stay tuned.

September 13, 2004 - Assault weapons ban expires

On September 13, the federal assault weapons ban expires. The sale and possession of military-style semiautomatic assault weapons becomes legal in our country for the first time since 1994.

The ban made it illegal to manufacture, transfer or possess 19 specific firearms with specific features identified by the Bureau of Alcohol, Tobacco, Firearms and Explosives. These firearms are not appropriate for hunting or self-defense, but are favored by criminals, including terrorists.

Five-Minute Activist

President Bush supports renewal of the ban. Ask the President to act on his support and urge Congress to act.