Federal Legislative Update
October 2004
October 22, 2004
October 15, 2004
October 8, 2004
October 4, 2004
October 22, 2004
A message from NEA President Reg Weaver
If you want change, get involved and vote. Public education in America truly is of the people, for the people, and by the people.
You hold the power to change the system for the better. There's not a single thing in our educational system — from taxes to textbooks, to funding for the arts or after-school athletics — that you can't change. All you have to do is step inside the voting booth and exercise your rights and responsibilities as an American citizen.
Take the time to find out where candidates stand. Then get out and support the ones who understand that public education is one of the pillars upon which our republic was built.
News from Capitol Hill...
The final sprint — Days of opportunity!
Congress is adjourned for the fall election campaign, leaving key issues unresolved. A lame-duck session is planned for mid-November.
Election campaigns are sprinting to the finish line. We have the candidates' attention — and a special opportunity to campaign for our issues.
Tell Congress to vote on WEP bill!
NEA continues to push for movement on the Public Servant Retirement Protection Act (PSRPA - H.R. 4391/S.2455), which would partially fix the Windfall Elimination Provision. The decision to move the bill now rests squarely with House Ways and Means Committee Chairman Bill Thomas (R-CA).
Action needed
IDEA — The train is moving!
House leaders have appointed conferees to begin negotiating a compromise bill with the Senate.
Action needed
- The House-passed bill would impose on special educators the "No Child Left Behind" (NCLB) law definitions of "highly qualified teacher." NCLB definitions do not fit the multiple subject areas assigned to many special educators. Neither bill includes a calendar to achieve full funding.
- Urge Congress to recognize special educators' "highly qualified" credentials and to fully fund the federal share of special education costs.
NEA advocacy works!
Educator expense deduction for 2004 and 2005
Congress has reinstated the educator expense deduction for 2004 and 2005. The original deduction had expired at the end of 2003.
Teachers and education support professionals who work at least 900 hours during a school year may subtract up to $250 of out-of-pocket expenses for classroom supplies when figuring adjusted gross income. This deduction is available whether or not the taxpayer itemizes deductions on Schedule A. Tally up those receipts!
October 15, 2004
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News from Capitol Hill...
'It's not over 'till it's over.'
The House and Senate return on November 15 with a long unfinished agenda. With campaigns in full swing, we have the candidates' attention. Election time offers an unparalleled opportunity to move our issues.
"If you want change, get involved, and vote. Take the time to find out where candidates stand and then get out and support the ones who understand that public education is one of the pillars upon which our republic was built." — NEA President Reg Weaver
No budget
The 2005 fiscal year began October 1, without a 2005 budget. To prevent a government shutdown, Congress has authorized status quo funding as a stopgap until after the election.
Tell Congress to vote on WEP bill!
NEA continues to push for movement on the Public Servant Retirement Protection Act (PSRPA - H.R. 4391/S.2455), which would partially fix the Windfall Elimination Provision. The decision to move the bill now rests squarely with House Ways and Means Committee Chairman Bill Thomas (R-CA).
Action needed
IDEA — The train is moving!
House leaders have appointed conferees to begin negotiating a compromise bill with the Senate. House Speaker Dennis Hastert announced the appointment of 14 House members — nine Republicans and five Democrats — just before Congress adjourned for the election recess: Boehner (R-OH), Castle (R-DE), Ehlers (R-MI), Keller (R-FL), Miller (D-CA), Owens (D-NY), Wilson (R-SC), Woolsey (D-CA), Sensenbrenner (R-WI), Lamar Smith (R-TX), Conyers (D-MI), Barton (R-TX), Bilirakis (R-FL), and Dingell (D-MI).
The Senate earlier named all members of the Health, Education, Labor, and Pensions (HELP) Committee.
The 108th Congress ends in December, meaning legislators and the president have until the end of the year to agree on a new bill and sign it into law. If they don't finish the job, the process must begin anew in the next Congress.
Remaining differences between the House and Senate versions include the definition of a highly qualified teacher; discipline provisions; enforcement and compliance; and attorneys' fees. Neither bill includes a calendar to achieve full funding. Once House and Senate negotiators iron out their differences, their compromise bill will be sent back to the House and Senate for final approval, and then to the President to be signed into law. The schedule is tight, but doable.
Action needed
- The House-passed bill would impose on special educators the "No Child Left Behind" (NCLB) law definitions of "highly qualified teacher." NCLB definitions do not fit the multiple subject areas assigned to many special educators. Neither bill includes a calendar to achieve full funding.
- Urge the Senate to recognize special educators' "highly qualified" credentials and to fully fund the federal share of special education costs.
Career and technical education
Perkins Act discussions halted when disagreement over allowing four-year postsecondary institutions to access Perkins funds could not be resolved. NEA opposes opening up these limited postsecondary funds to four-year programs.
Community and technical colleges provide critical, affordable access points to postsecondary education. Congress is highly unlikely to increase funding to accommodate all of the universities and community and technical colleges interested in Perkins funds.
Secondary programs will also experience losses in Perkins funding, currently the largest source of federal support to high schools, if more Perkins funds are drawn to postsecondary programs to accommodate new university grantees.
While the House and Senate committee-passed bills include many good provisions, serious work remains to be done on key issues:
- Aligning Perkins accountability with ESEA/NCLB. NEA has made significant progress in winning support for provisions to ensure that sanctions under the Perkins Act, including potential loss of funds, would not be based exclusively on the outcome of "No Child Left Behind" accountability measures. NEA will continue to oppose any such provisions that remain in the final bill.
- Preserving the $107 million Tech Prep program . The Senate bill maintains this program. The House, however, proposes "block granting," in effect, "cutting" the program. NEA will oppose any final agreement that does not continue this funding.
Five-Minute Activist
October 8, 2004
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News from Capitol Hill...
Tell Congress to vote on WEP bill!
As Congress nears adjournment, NEA continues to push for movement on the Public Servant Retirement Protection Act (PSRPA — H.R. 4391/S.2455), which would partially fix the Windfall Elimination Provision. The decision to move the bill now rests squarely with Representative Bill Thomas (R-CA), House Ways and Means Committee Chairman. Congress will adjourn October 8 for the election, but will return November 15 for a "lame duck" session that could last into December.
Action needed
- Tell Chairman Thomas to move the WEP bill forward for a vote before Congress adjourns for the year! [Chairman Thomas, House Ways and Means Committee, 202-225-2915 (ph), 202-225-8798 (fax)].
Advocacy works! Career and technical education
Perkins Act reauthorization discussions halted this week when disagreement over opening access to Perkins funds to four-year postsecondary institutions could not be resolved.
NEA strongly opposes opening these limited funds to four-year postsecondary programs. Congress should continue to direct postsecondary funds to programs of two years or less that serve the vast majority of postsecondary career and technical education students.
- Community and technical colleges provide critical, affordable access points to postsecondary education. Congress is highly unlikely to increase funding to accommodate all of the universities and community and technical colleges interested in Perkins funds.
- Secondary programs will also experience losses in Perkins funding, currently the largest source of federal support to high schools, if more Perkins funds are drawn to postsecondary programs to accommodate new university grantees.
NEA members spoke out in a flurry of messages to Senators. The Senate was preparing for a swift vote after a Senate committee — behind closed doors — drafted language allowing four-year postsecondary institutions to access Perkins funds. Advocacy works. Thank you!
The House and Senate committee-passed bills include many good provisions, but serious work remains on key issues:
- Aligning Perkins accountability with ESEA/NCLB. NEA has made significant progress in winning support for provisions to ensure that sanctions under the Perkins Act, including potential loss of funds, would not be based exclusively on the outcome of "No Child Left Behind" accountability measures. NEA will continue to oppose any such provisions that remain in the final bill.
- Preserving the $107 million Tech Prep program. The Senate bill maintains this program. The House, however, proposes "block granting," in effect, "cutting" the program. NEA will oppose any final agreement that does not continue this funding.
Five-Minute Activist
NEA urges investigation of FCC rule
Preserve high-speed Internet service for our schools
Money to wire schools and libraries to the Internet and help fund rural health care should resume flowing soon, U.S. Federal Communications Commission (FCC) Chairman Michael Powell said on Wednesday, a day after lawmakers attacked the agency for stopping funds.
NEA had expressed outrage at the FCC's recent decision to adopt an accounting practice that simply put a halt to the program, and urged Congress to follow up with the FCC to remedy this problem. The decision is causing great harm to the program, and requires your immediate investigation, NEA told the Senate Commerce, Science and Transportation Committee that has oversight over the E-Rate program.
Public libraries and schools around the nation have suddenly stopped receiving any new grants from the federal E-Rate program that provides funding for high-speed Internet and telephone service. The moratorium began two months ago, with no notice, after Chairman Powell, in consultation with the White House, froze new commitments in August because of questions about how the fund is counted on the government's books.
A recent government report found that E-Rate was important to schools districts in their efforts to comply with the "No Child Left Behind" law.
Prior to the program's inception in 1996, only 3 percent of the nation's classrooms were connected to the Internet. Today, 92 percent of classrooms are connected. Some 82 percent of public schools and 61 percent of public libraries receive E-Rate funds.
Congress has recessed until November 15.
October 4, 2004
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News from Capitol Hill...
New budget year … No budget
The 2005 fiscal year began October 1 without a 2005 budget. To prevent a government shutdown, Congress has authorized status quo funding as a stopgap until after the election.
Career and technical educators take note!
Congress is working to hastily complete reauthorization of the Perkins Act, which provides support to secondary and two-year postsecondary vocational, career and technical programs in states and localities.
Action Alert! - Senate vote pending!
Contact your Senators NOW — before Wednesday, October 6. Urge them to object to "unanimous consent" on the Perkins bill unless postsecondary funding is preserved for two-year programs.
Behind closed doors, the Senate committee drafted language allowing four-year postsecondary institutions to access Perkins funds. The Committee now hopes to win a swift vote by the full Senate under an expedited rule called a "unanimous consent" agreement, meaning that no one objects.
NEA strongly opposes opening up these limited funds to four-year postsecondary programs. NEA supports the continued distribution of postsecondary funds to programs of two years or less that serve the vast majority of postsecondary career and technical education students across the nation.
Community and technical colleges provide critical, affordable access points to postsecondary education. Congress is highly unlikely to increase funding to accommodate all of the universities and community and technical colleges interested in Perkins funds.
Secondary programs will also experience losses in Perkins funding, currently the largest source of federal support to high schools, if more Perkins funds are drawn to postsecondary programs to accommodate new university grantees.
While the House and Senate committee-passed bills include many good provisions, serious work remains to be done on key issues:
- Aligning Perkins accountability with ESEA/NCLB. NEA has made significant progress in winning support for provisions to ensure that sanctions under the Perkins Act, including potential loss of funds, would not be based exclusively on the outcome of "No Child Left Behind" accountability measures. NEA will continue to oppose any such provisions that remain in the final bill.
- Preserving the $107 million Tech Prep program. The Senate bill maintains this program. The House, however, proposes "block granting," in effect, "cutting" the program. NEA will oppose any final agreement that does not continue this funding.
IDEA reauthorization: Will Congress…?
Long-stalled negotiations to reconcile the differing House- and Senate-passed IDEA Reauthorization bills appear to be moving forward …very cautiously. House and Senate negotiators have been named, and informal negotiations are underway.
'Highly qualified'
NEA advocates recognizing state-certified special educators as "highly qualified." The House-passed bill would impose the "No Child Left Behind" (NCLB) law's definitions. NCLB's definitions do not fit the multiple subject areas assigned to many special educators.
Five-Minute Activist
The Public Servant Retirement Protection Act (H.R. 4391)
NEA is pressing for a vote on the Public Servant Retirement Protection Act (H.R. 4391). H.R. 4391 would replace the Windfall Elimination Provision (WEP) with a more equitable formula. NEA supports the legislation as a first step to help members.
The bill now has 56 cosponsors. The most recent is Representative Doolittle (R-CA). 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.
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