|
|
Summary of Key Points in the Stimulus Bill for Special Education |
|
The
Senate Stimulus bill would have allowed SEAs/LEAs to use all IDEA funds
to supplant state/local special ed funds. This would allow states and
school districts to cut overall special ed spending. Instead of an
increase in special ed funding, as the stimulus contemplated, there
would be a decrease in funding.
This
provision applied to Part B and C funds, not just the additional
stimulus funds. If this had passed, it would have changed a provision
that has been a fundamental part of the IDEA since 1975. This would
mean that school districts could use their entire Part B and C
allocations (regular allocations plus stimulus money) to reduce the
funds they have to spend on special education. This would mean real
cuts, in the sense that districts could divert not only their stimulus
funds, but could cut more funds because of the Part B and C funds they
would be receiving through the regular process. |
|
|
|
What Happened in the Final Bill? |
|
The good news is that this provision was eliminated from the final bill. Thanks
to Congressman Miller, Congressman Obey and their staffs on the House
side; to Senator Kennedy, Senator Harkin and their staffs on the Senate
side, and to the members of the Conference Committee and Appropriations
Committee who worked to protect the needs of children with disabilities.
We
also thank the Disability Policy Collaboration (ARC/UCP), Easter
Seals, National Center for Learning Disabilities, National Down
Syndrome Society, and many disability organizations and individuals who
worked on these issues during the last few weeks. We thank the many
members of the Council of Parent Attorneys and Advocates,
parents, family members, friends, advocates, attorneys, and others who
rallied against the Senate provision in response to this threat.
We
received copies of many letters that were delivered to the conferees.
More calls and faxes were sent. COPAA members and other child advocates
published the alerts through listservs and yahoo groups, on their
webpages, and on Facebook and other social-networking pages. Thanks to
everyone who promoted the alerts and who worked on this issue! |
|
|
|
Bill Provides Major Increase in Special Education Funding |
|
Overall, the bill will provide a major increase in special education funding, including $12.2 billion for IDEA. This
includes $11.2 billion for Part B, $400 million for IDEA preschool
funding, and $500 million for Part C. These funds are in addition to
the regular Part B and Part C allocations.
IDEA
has long been woefully underfunded and we have all seen the effects of
this. Children are not identified for special education, or when
identified, receive inadequate services and assistance. While many
school districts strive to provide good special education programs, we
must ensure that all children with disabilities receive appropriate
educations that prepare them for independent living.
As
we have seen in our communities, many families are experiencing severe
economic stress, job loss, reduced hours, and cuts in their businesses
and retirement funds. This includes parents of children with
disabilities who face constraints in the services they can provide for
their children.
Children
with disabilities are a very vulnerable population. Before this
recession, many children lived in families who facing financial
stress. Before the recession, approximately 2/3 of children with
disabilities lived in families that earned under $50,000 a year.
Approximately 35% of children lived in families earning less than
$25,000 a year.
Children with disabilities need appropriate educations and services if they are to meet the purpose of IDEA.
The stimulus bill provided additional IDEA funds to meet the needs of
children with disabilities. Just as adults with disabilities are
vulnerable populations who need additional funding, children with
disabilities are vulnerable too.
For
these reasons, it was essential that Congress delineated these funds to
benefit children with disabilities - not simply as additional block
funding for school districts or block funding for school district job
creation/preservation.
I
think Congress recognized that the families of children with
disabilities are facing job losses and severe economic burdens. They
acted to protect those children and their needs by providing additional
IDEA funding. This funding includes providing appropriate special
education and related services, equipment, assistive technology,
training for teachers, access to nurses, etc. |
|
|
|
Questions and a Plan of Action |
|
 You
need to begin working with other advocates in your community and state
to provide input about how these funds will be spent. Find out the process your state and school district will use to award and spend these funds, and how you can have input.
While
some states complained that getting money for two years of special
education is useless, we question this claim. Assistive technology,
equipment, teacher training in reading and other methodologies are
important factors that will have a long-term impact. The same is true
for providing appropriate services - districts must provide FAPE.
Watch for the impact of layoffs in special education. Look at the requirements for providing highly qualified special education teachers. Are appropriate staff providing services? Are these services appropriate?
Are
children being shifted from 1:1 and 1:2 therapy to large group
therapies? What will your state do to increase transparency - to make
public aware of how additional IDEA and School Stabilization funds are
spent? What accountability mechanisms are in place?
Be part of the process and have an impact! |
|
|
|
Two Sources of Funding to School Districts |
|
 In the stimulus bill, school districts will get two sources of funds:
- additional IDEA funds for 2009-10 and
- stabilization funds.
The
increase in IDEA funds is substantial. Stabilization funds can be used
for a variety of purposes, including special education and the school
modernization you heard about in the press. (Separately, there are also
additional funds for Title I and other educational purposes.
Under
the Stabilization Funds part of the bill (a separate title called State
Fiscal Stabilization Funds), the Secretary of Education will get
limited waiver authority to count stabilization funds as non-federal
funds when calculating maintenance of effort. This waiver authority is
intended to be very narrow. If a school district spends its
stabilization funds on special education, the Secretary of Education
can give a waiver so the district can count those stabilization funds
as though the funds were the district's money. The district may cut its
contribution to special education by a similar amount.
This
waiver authority only applies to stabilization funds and requires
approval by the Secretary of Education. The waiver does not apply to
the Part B or Part C funding the school district receives every year,
or to the additional IDEA funds in the stimulus bill.
This
is a significant improvement over the language in the Senate bill. The
Senate bill would have allowed waivers for all IDEA funding -- and
would have allowed greater cuts in school district and state spending
for special education.
But
there may be an impact on maintenance of effort requirements under the
IDEA. The stimulus bill includes $11.3 million in Part B funds for FY
2009 and 2010. These funds could be awarded as lump sums to the states,
which will allocate the funds to school districts.
In
20 U.S.C. 1413 of the IDEA, if a school district's allocation of Part B
funds is greater than the past fiscal year, the district may reduce its
spending by 50 percent of the increase. The additional IDEA funds in
the Stimulus Bill may be affected by this provision. |
|
|
|
Reporting Provisions & Modernization/ADA Compliance |
|
The
final law includes a list of reporting requirements in the State
Stabilization part of the bill. These requirements include how the
state stabilization funds are used, the state's progress in hiring
highly-qualified teachers, and the state's progress toward developing
valid and reliable assessments for limited English proficient students
and children with disabilities.
Modernization/ADA Compliance
State
Stabilization funds may be used for school modernization. You need to
find out what your school district will do to ensure that school
buildings are ADA-compliant, and how
to prioritize this goal. Identify schools that need improvements to be
ADA-compliant. Advocate for this with your school board. Help the
school board understand why ADA compliance is so importa |
|
|
|
How to Find the Bill |
|
The
formal name of the Stimulus bill is the American Recovery and
Reinvestment Act (ARRA). The final bill is posted in several places.
The bill is posted on the House Appropriations Committee website at http://appropriations.house.gov/
The
provisions relating to special education (IDEA) and the Stabilization
fund are in the Document marked "Bill Text, Division A" at http://appropriations.house.gov/pdf/Recovery_Bill_Div_A.pdf
The
Education section begins on page 168 of the file. The section about
State Stabilization Funds and waivers begin on page 425 of the
document. The title is State Fiscal Stabilization Funds.
Thanks to everyone who worked to protect funding for children with disabilities in the stimulus bill! |
|
