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LDA NEWS FROM WASHINGTON
JUNE, 2007

LEGISLATION
FEDERAL AGENCIES
COURT DECISIONS
REPORTS

LEGISLATION

2008 BUDGET RESOLUTION
On May 16, the Conference Agreement on the 2008 Budget Resolution was adopted in the House by a vote of 214-209 and in the Senate by a vote of 52-40. The total discretionary spending cap is about $20 billion more than the $932 billion requested by President Bush. Although the President cannot veto the resolution, he has promised to veto any appropriations based on the resolution. House leaders are hoping to pass almost all their FY08 Appropriations Bills in June. The Senate appropriations Committees may also begin work in June

UPDATE ON NCLB
On May 16, 25 House members presented their recommendations for revising NCLB to senior members of the Education and Labor Committee. Recommendations included

• Changing the method for calculating districts' and schools' yearly progress to measure student academic growth and include factors other than test scores when doing so;
• Assessing students with disabilities on the basis of their progress toward meeting goals in their individualized education programs, rather than on the grade-level tests given to their peers; and
• Figuring out ways to determine whether teachers are highly qualified other than by the types of credentials they have, and give rural schools leniency on the teacher-quality rules to accommodate their particular teaching needs.

The House panel may consider a draft of a bill as early as June. The Senate HELP Committee also hopes to draft a bill by summer. It these deadlines are not met, reauthorization probably will not take place until after the presidential elections. Lobbyists for districts and schools also are anxious to see congressional action, saying that if the law is left unaltered, its flaws will result in the inaccurate labeling of hundreds of schools as needing improvement. Other groups are hoping that a delay would result in a better final law.

NCLB BILLS

KEEPING PACE ACT, (S. 1302, Kennedy (D-MA); amends title V of the Elementary and Secondary Education Act of 1965 to encourage and support parent, family, and community involvement in schools, to provide needed integrated services and comprehensive supports to children, and to ensure that schools are centers of communities, for the ultimate goal of assisting students to stay in school, become successful learners, and improve academic achievement.

TEACHER EXCELLENCE FOR ALL CHILDREN ACT, (S. 1339, Kennedy,D- MA; and HR 2204, Miller, D-CA); amends the Elementary and Secondary Education Act of 1965, the Higher Education Act of 1965, and the Internal Revenue Code of 1986 to improve recruitment, preparation, distribution, and retention of public elementary and secondary school teachers and principals.

NO CHILD LEFT BEHIND REFORM ACT (HR 2087, (DeLauro, D-CT) amends the Elementary and Secondary Act of 1965 by defining Adequate Yearly Progress, targeting transfer options and supplemental services, and defining highly qualified teachers.

PRACTICALITY IN EDUCATION ACT (HR 2166, Moran ,R-KS). amend the Elementary and Secondary Education Act of 1965 to improve the method of determining adequate yearly progress and to allow students with disabilities to be tested at the grade level recommended by their individualized education program progress, to use a growth model to determine AYP, to give a school in need of improvement a year to improve before students are given the option to transfer, and to count a student who belongs to more than one of the four subgroups toward one such group only.

HIGH SCHOOL REFORM BILLS

THE GRADUATION PROMISE ACT (S.1185, Bingaman, D-NM) provides grants to States to improve high schools and raise graduation rates while ensuring rigorous standards, to develop and implement effective school models for struggling students and dropouts, and to improve State policies to raise graduation rates,

THE STRIVING READERS ACT (HR 2289, Yarmuth D-KY) is a companion to the S 958 which would provide funding to states to create statewide literacy initiatives from students in grades 4-12.

THE GRADUATION FOR ALL ACT (HR 1623, Hinojosa, D-TX) authorizes $2 billion in grants to states and districts to improve adolescent literacy by establishing research-based reading programs, training and hiring literacy coaches to assist teachers across the curriculum, and helping states and districts develop accurate assessments of comprehensive reading and writing programs. . The Act also requires one-on-one counseling, beginning at grade 9, for students at risk of not graduating on time and working with these students and their parents or caregivers to develop an individual graduation plan that will define each student's career and education goals, ensure enrollment in the coursework necessary for graduation and preparation for postsecondary education and work, and identify the courses and supplemental services necessary to meet those goals.

THE GRADUATE FOR A BETTER FUTURE ACT (S 765, Burr, R-NC) targets support to students with the greatest need by providing competitive grants to districts with a graduation rate of less than 60 percent. The legislation, authorized at $500 million, provides states, districts, and schools with the resources and tools necessary to target interventions to high school students at risk of dropping out, improve graduation rates, and provide the rigorous curriculum necessary to high school students to succeed in postsecondary education and the workforce.

EARLY CHILDHOOD

THE "IMPROVING HEAD START ACT OF 2007" (HR 1429, Kildee, D-MI), passed the House on May 2. The bill would:

• Emphasize "what works" in preparing disadvantaged children for school
• Require that at least 50% of head start teachers nationwide have a bachelor's or advanced degree in early childhood education or a related field
• Establish education performance standards
• Improve fiscal and program management
• Create more competition
• Seek safeguards against financial abuse

The Senate is expected to act on its bill, S 556 soon.

PREVENTION

THE SHAKEN BABY SYNDROME PREVENTION ACT OF 2007 (H. R. 2052, Lowey, D-NY, S 1204, Dodd, D-CN) creates a National Action Plan and coordination of strategies for effective, evidence-based prevention efforts, a national advisory council to work with the Department of Health and Human Services to develop the campaign to supports families and caregivers to prevent the shaken baby syndrome (SBS) as well as for survivors and grieving families who have suffered loss due to SBS. It is estimated that between one-quarter and one-third of Shaken Baby Syndrome victims die as a result of their injuries, while one-third suffer permanent, severe disabilities including paralysis, seizures, loss of hearing or vision, cognitive impairments, and other disabilities, often resulting in a lifetime of extraordinary medical, educational, and care expenses

SMOKE FREE MOTHERS AND BABIES ACT OF 2007 (S 1013, Harkin, D-IA) would amend title XIX of the Social Security Act to encourage States to provide pregnant women enrolled in the Medicaid program with access to comprehensive tobacco cessation services.

• June 4 - Portland, Oregon , Embassy Suites Hotel Portland Airport (Pine and Spruce Room, 7900 NE 82nd Ave, 4:00 - 7:30pm
• June 6 - Oklahoma City , Metro Technology Centers (Auditorium) 1900 Springlake Dr 4:00pm - 7:30pm
• June 11 - Indianapolis, Indiana Government Center South Conference Center 402 W Washington St, 4:00pm - 7:30pm
• June 14 - Washington DC, Academy for Educational Development, 1825 Connecticut Ave NW, 3:00pm - 7:30pm

The close of that 75-day period will be July 23, 2007.

THE LEARNING DISABILITIES RESOURCE KIT SPECIFIC LEARNING DISABILITIES DETERMINATION PROCEDURES AND RESPONSIVENESS TO INTERVENTION KIT was developed by the National Research Center on Learning Disabilities (NRCLD), an OSEP-funded joint project of researchers at Vanderbilt University and the University of Kansas, to help educators navigate the changes related to specific learning disability determination and responsiveness to intervention. The kit includes the following sections:

• Specific Learning Disability and Responsiveness to Intervention General Information
• Specific Learning Disability and Responsiveness to Intervention Tools for Change
• Getting Started with SLD Determination: After IDEA Reauthorization
• Responsiveness to Intervention: How to Do It
• PowerPoint Presentations
• Parent Pages

All materials in the Learning Disabilities Resource Kit are in the public domain and may be reproduced.

EPA WILL CUT LEAD IN KIDS' PRODUCTS
In response to legal pressure, the Environmental Protection Agency agreed to write to up to 120 importing and manufacturing companies instructing them to provide health and safety studies if any lead might be found in the products they make for children. The agency also must tell the Consumer Product Safety Commission "that information EPA has reviewed raises questions about the adequacy of quality control measures by companies importing and/or distributing children's jewelry." While the EPA can ban a substance such as lead, only the commission has the authority to ban a product. Lead, a highly toxic element, can cause severe nerve damage, especially in children.

COURT DECISIONS

PARENTS RIGHT TO SUE UNDER IDEA On May 21, the Supreme Court ruled that parents of a student with a disability have the right under IDEA to sue public schools over their child's special education needs ( Winkelman versus Pama City, Ohio School District) The issue of whether their son was entitled to private school at public expense was an issue.

ELIGIBILITY FOR PROTECTION UNDER THE ADA In a very strict interpretation of the ADA, a U.S. Appeals Court ruled that an individual with mental retardation was not qualified as disabled under the ADA because he was not substantially limited in the major life activity of learning. The plaintiff can read and comprehend, drives a car, and is able to perform various types of jobs. The Court found that "although it is apparent that the plaintiff is somewhat limited in his ability to learn because of his mental retardation, no evidence was presented to demonstrate that he was substantially limited.

REPORTS

EDUCATIONAL ARCHITECTS: DO STATE EDUCATION AGENCIES HAVE THE TOOLS NECESSARY TO IMPLEMENT NCLB? This report, issued by the Center on Education Policy, analyses survey data from all 50 states and interview data from 15 high ranking education officials from 11 states. The report identifies four major capacity challenges: (1) limitations in staffing and infrastructure; (2) inadequate federal and state funding; (3) a lack of sufficient guidance and technical support from the U.S. Department of Education; and (4) barriers in NCLB and within state education agencies.

ISSUES REGARDING THE USE OF THE INDIVIDUALIZED EDUCATION PROGRAM (IEP) FOR ASSESSMENT AND ACCOUNTABILITY UNDER NO CHILD LEFT BEHIND (The Advocacy Institute Our Kids Count) In response to recommendations that school use the IEP measure the adequate yearly progress of students with disability, the Advocacy Institute made the following observations:

• The IEP outlines agreed upon services and supports required to address the individual needs of a student that enable him or her to participate in the regular education curriculum aligned to the standards set for all and with his or her peers without disabilities to the maximum extent appropriate.
• The IEP serves as a tool for monitoring individual child's progress based only on the effectiveness of the individualized services and supports developed to address the student's disability related educational needs.
• The IEP is not designed or utilized as a tool for holding schools accountable for ensuring that students with disabilities are taught to the academic content and achievement standards established by the state for all students. As a result, a student's annual goals are often set too low and do not align with state or district content standards.
• It is not possible to aggregate performance data from IEP goals to use as valid, reliable data in determining accountability at a school, district or state level.
• There are no consequences attached to a student's failure to attain individual IEP goals.
• IEP teams do not make curriculum decisions.

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. LDA members wishing to be added to the email list may contact LDA.

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