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LDA NEWS FROM WASHINGTON
July, 2006
LEGISLATION
HOUSE EDUCATION AND THE WORKFORCE HEARINGS ON NO CHILD LEFT BEHIND
DEPARTMENT OF EDUCATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
COMMISSION ON NO CHILD LEFT BEHIND HEARING
SUPREME COURT RULING ON EXPERT WITNESS FEES
HOUSE BUDGET BILL - On May 18, the House approved its version of a congressional budget resolution after the Republican leadership agreed to shift $4.1 billion in increases for defense and foreign aid to programs funded in the Labor, Health and Human Services, and Education spending bill and pledged to provide a further $3 billion from programs other than cuts in funding for Medicaid, Medicare, food stamps or other domestic programs. However, because of the $16 billion difference between the House and Senate bills, the chances that a conference committee can come up with a compromise bill are remote. If that happens, Congress can either use the figures from last year's budget or pass a deeming resolution which would set ceilings for appropriations.
APPROPRIATIONS - Even without a budget resolution, the House has begun work on appropriations for Fiscal Year 2007. The Senate is not expected to begin until July. The federal Fiscal Year begins on October 1. A Continuing Resolution or an Omnibus Appropriations Bill may be needed to fund government operations after that time.
The INTERIOR appropriations passed by the House includes the Pallone (NJ) Solis(CA) amendment, which blocks the Environmental Protection Agency from spending any more money to reduce the reporting requirements of the Toxic Release Inventory (TRI).
The LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION appropriations passed by the House Appropriations Committee has not gone to the floor because of dissention between advocates for increased funding and conservatives trying to reduce spending.
WORKFORCE INVESTMENT ACT - On June 29, the Senate passed S 1021 by unanimous consent. It now goes to conference with the House bill. Conferees had not been named as of June 30.
STOP-OVERSPENDING ACT OF 2006 (S 3521) - On June 15, the Senate Budget Committee passed the Stop Overspending Act of 2006 (S 3521) which is "described as a bill offering "commonsense and fiscally responsible solutions" to problems like "duplicative and wasteful spending". However, reading of the bill shows that it proposes radical changes that could lead to massive cuts in domestic programs and entitlement programs while shielding tax cuts from any fiscal discipline. The bill would
- automatically cut entitlement programs including Medicare, Medicaid, student loans, food stamps, and veterans' benefits;
- cap discretionary programs over the next three years;
- create a Sunset Commission to propose and facilitate fast track consideration of legislation to end or realign any discretionary or mandatory program;
- create another Commission to examine Medicare, Medicaid, and Social Security; using a new stricter definition of solvency;
- prohibit the Senate from considering any legislation that would increase entitlement spending unless that increase was 'paid for' by cuts in entitlement spending or increases in revenues and
- set up the process for a Presidential line item veto.
LINE ITEM VETO BILL - On June 22, the House passed the Legislative Line Item Veto Act of 2006 (H.R. 4890) which would allow the President to veto single items contained in appropriations bills he signs into law, and would require Congress to vote on those items again.
The line item veto provision in the Gregg Stop Overspending Act of 2006 (S 3521) is more draconian. The provision would allow the President up to one year after enactment of a bill to propose the cancellation of provisions in it and to withhold funds proposed for cancellation 45 days after submitting his veto request. If Congress votes down his request, the President could propose a repeat impoundment of the same item for another 45 days. Even trickier is the proposal that the President could package cancellation of items from different bills into a single veto package and Congress would have to accept or reject the package as a whole. Thus, the President could combine vetoes of egregious earmarks, such as the Alaska bridge to nowhere, with vetoes of more meritorious items and present Congress with an all or nothing choice.
USE OF "LOGIC PUZZLES" TO BLOCK E MAIL TO CONGRESS - Since the anthrax attacks of 2001, regular mail to Congress goes through lengthy inspections before being delivered. As a result, email and faxes are the only practical ways of contacting lawmakers in DC. An individual using the House of Representative's "Write Your Representative" e-mail must show he/she is a constituent by providing his/her name and address. However, claiming that there is too much computer-generated e mail, a number of Congressmen have added a requirement that the sender answer a "logic puzzle" before the message is sent on. Many of the companies that nonprofits use to organize their online grassroots communications have assured their customers that they have found a way to "work around" the logic puzzle. However, members of organizations that cannot afford these services must solve the logic puzzle or be denied the opportunity of expressing their concerns to their elected officials. According to the Washington Post (June 12, 2006), on one day in June, constituents or computers trying to send communications to members of Congress ran into logic puzzles 8,262 times, and successfully reached the next step only 19 percent of the time.
One hundred and five organizations, led by Consumers Union, National Taxpayers Union and Earthjustice, have sent a letter House and Senate congressional offices asking that the "logic puzzle" be eliminated. The letter states that "constituents should not be required to show a basic knowledge of math or English to express their concerns to their elected members of Congress. We ask instead that you agree to work in a public, open and bipartisan way with nonprofits and other organizations to improve Congress' handling of e mail communications for both your benefit and the benefit of your constituents. While we understand and sympathize with the growing demand on congressional staff posed by increasing volumes of e-mail, blocking emails from your constituents that flow through organizations is not a solution, and in fact is a very significant threat to our democratic process."
HOUSE EDUCATION AND THE WORKFORCE HEARINGS ON NO CHILD LEFT BEHIND
On May 18, 2006 the Committee held a hearing on "No Child Left Behind: How
Innovative Educators Are Integrating Subject Matter to Improve Student Achievement"
On June 13, 2006 the Committee held a hearing on "No Child Left Behind: Disaggregating Student Achievement by Subgroups to Ensure All Students Are
Learning"
Both Democrats and Republicans seemed confused and unhappy with the great variation in N size (the minimum number of students in a subgroup required before that group gets counted for AYP (adequate yearly progress) purposes. In April, the Associated Press reported that the scores of 1.9 million students were not being counted for accountability purposes.
The witness list and testimony for both hearings can be found at:
http://edworkforce.house.gov/hearings/109th/fc/fchearings.htm
REGULATIONS - Publication of the final regulations for IDEA 04 is expected in early August. Publication of final regulations for the 2% WAIVER FOR STUDENTS WITH DISABILITIES is not expected any time soon.
Final regulations for personnel preparation grants for training teachers, paraprofessionals, and administrators for special education under part D of IDEA were published on June 5, 2006.
MONEY TO STATES - State by state allocations of federal funds for Fiscal Years 2001-2005 and estimates for Fiscal Years 2006 and 2007 for the following programs can be found at:
http://www.ed.gov/about/overview/budget/statetables
a. Title I (Grants to LEAs, Reading First Grants, Even Start Grants, and Grants for Neglected and Delinquent Children)
b. Improving Teacher Quality State Grants
c. Math and Science Partnerships
d. Educational Technology State Grants
e. 21st Century Community Learning Centers
f. State Grants for Innovative Programs
g. State Assessments
h. Safe and Drug-Free Schools and Communities State Grants
i. Language Acquisition State Grants
j. Education for Homeless Children and Youth
k. Special Education (Grants to States, Preschool Grants, and Grants for
Infants and Families)
ED DEPARTMENT ON LETTER ON CERTIFICATE OF ATTENDANCE - In a statement on May 24, Chad Colby, a spokesman for the U.S. Department of Education, warned about inaccurate and misleading e-mails that claim that, because of an amendment to No Child Left Behind, students who receive a Certificate of Completion or Attendance can never get a diploma or a GED, "can never (as long as they live): (1) go to the armed services, (2) go to college, (3) go to trade school, (4) go to journeyman's school, (5) go to beauty school, (6) go to culinary arts school, (7) get a federal loan in their lifetime" Mr. Colby pointed out that "each state sets its own requirements for high school diplomas, General Educational Development Tests (GEDs), and Certificates of Completion. Most colleges and most trade schools require a high school diploma or its equivalent for entrance, so anyone holding a certificate of completion would need to go back and complete the necessary academic requirements to get a diploma before they can apply for admission to the school and apply for federal student aid." Some states prescreen applicants for the GED. Those who cannot pass the screening are referred to adult education for remediation.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
INTERIM FINAL REGULATIONS for TANF (Temporary Aid to Needy Families) were published in the Federal Register on June 29, 20006. The Deficit Reduction Act of 2005 allows HHS to issue these regulations on an interim final basis. Thus, the policies reflected in this interim final rule are effective immediately. Germane comments made during the public comment period (on or before August 28, 2006) will be considered.
OTHER
COMMISSION ON NO CHILD LEFT BEHIND HEARING
On June 20, the Commission on No Child Left Behind held a roundtable on parental and grassroots perspectives on how NCLB is working for parents and children. The Commission heard from a diverse group of individuals representing parents, community based organizations and organizations who work directly with parents on educational issues. The comments of the participants touched upon all aspects of NCLB, including its accountability and teacher quality provisions, as well as how the law has impacted parental involvement and communication with parents. "Parents support the goals of the law, including accountability," said Wendy Puriefoy, President, Public Education Network. "But parents also do not believe a single test should be used to determine if a school is failing." Ronald E. Jackson, Executive Director, Citizens for Better Schools Birmingham, Alabama, discussed the need for parents to be more empowered in knowing that they do not have to settle for low quality schools. He also discussed the need for school districts to fully utilize the funds they receive for supplemental educational services and public school choice. Charles "Chuck" Saylors, Secretary-Treasurer of National Parent Teacher Association, briefed the Commission on several recommendations that his organization has compiled on NCLB. The PTA recommends not using one test to evaluate students, making information provided to parents more understandable and ensuring that NCLB does not shrink the curriculum. He also went on to point out the need for better parental involvement strategies and requirements and a better system of rewards and sanctions for schools. Barbara Davidson with Standards Works in Washington, DC, discussed the fact that many low income families do not fully understand NCLB and their rights within the law. Efforts to ensure better information for parents work best when coming through schools, but such a delivery mechanism can also create barriers to effective communication with parents. Cherie Takemoto, Executive Director of the Parent Education Advocacy Training Center in Springfield, Virginia, called or a greater focus on children with disabilities. She mentioned several instances in which students with disabilities were seen as having a negative impact on the test scores of schools and how they were treated as a result.
SUPREME COURT RULING ON EXPERT WITNESS FEES
On July 26, in 6-3 decision, the Supreme Court ruled that expert witness fees may not be recovered by parents who prevail in due process proceedings under IDEA (Arlington Cent. Sch. Dist. Bd. of Educ. v. Murphy.) The Court noted that while the law provides for an award of "reasonable attorneys' fees," it does not even hint that acceptance of IDEA funds makes a State responsible for reimbursing prevailing parents for the services of experts. "Costs" is a term of art that does not generally include expert fees.
LDA News from Washington is a periodic publication of The Learning Disabilities Association of America, Inc. containing news of interest to the volunteer and administrative leadership of National LDA and its State and Local Affiliates. Written by LDA's Washington Representative, Justine Maloney; Kathy Lawson, Editor. LDA members wishing to be added to the email list may contact Kathy Lawson, at klawson@ldaamerica.org.
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