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News from Washington
Winter 2004
JOBS FOR THE 21ST CENTURY. In his State of the Union Address January 20th, President Bush announced a new initiative called “Jobs for the 21st Century” aimed at improving the quality of secondary education and allowing workers to access post secondary education to get the job training and skills needed to fill jobs in emerging industries. More below…
IDEA REAUTHORIZATION. Hope continues that the Senate will act before the end of March on its version of IDEA (S 1248). An earlier agreement that amendments be limited to four from each party is expected to be honored. More below…
REAUTHORIZATION OF TANF, WIA. Conferees have not been named for either TANF (Reauthorization of Temporary Assistance for Needy Families (HR 4, S 1523) or the Workforce Investment Act (WIA, HR 1261, S 1627). Congress must act on TANF before it expires completely on March 31.
2005 BUDGET ELIMINATES KEY EDUCATION PROGRAMS. Education programs that would be severely cut or unfunded include: “Even Start” family literacy; Juvenile crime prevention block grants; Juvenile Justice Delinquency Prevention Program; and Carl Perkins Vocational and Technical Education. More below…
NEW OSERS HEAD NAMED. Troy Justesen, Deputy Commissioner of the Rehabilitative Services Administration has been named acting Assistant Secretary of the Office of Special Education and Rehabilitative Services (OSERS). More below…
RELAXATION OF REGULATIONS ON MERCURY EMISSIONS. On December 24, a federal appeals court blocked the Environmental Protection Agency (EPA) rule which would cut mercury emissions from coal burning power plants by 70% by 2018. Currently, the EPA requires individual coal burning power plants to reduce mercury emissions by 90% by 2008. More below…
Also…Regulations on Adequate Yearly Progress under No Child Left Behind; Federal Clearing Houses closed; New Youth website from Department of Labor; and more…
CONGRESSIONAL ACTIVITIES
The only legislation of interest to people with learning disabilities which had been passed when the first session of the 108th Congress ended was the Medicare Bill and the Pediatric Research Equity Act (HR 2857), which requires drug manufacturers to test their products for use by children.
The 108th Congress returned for its second session on January 20, 2004. In his State of the Union Address that night, President Bush announced a new initiative called “Jobs for the 21st Century” which would improve the quality of secondary education and allow workers to access post secondary education to get the job training and skills needed to fill jobs in emerging industries. The next day, the Senate passed the Omnibus Appropriations bill, which had passed the House on December 9, 2003. Appropriations for Labor, Health and Human Services, Education, and Related Agencies include a O.59% across the board cut for all programs. Funding for Title I grants would increase by 6% (to $12.4 billion) and for Part B of special education by 13% (to $10.1 billion). Vocational Rehabilitation State Grants would be funded at $2.6 billion.
The Senate is expected to act soon on its version of IDEA (S 1248). An earlier agreement that amendments be limited to four from each party is expected to be honored. Although no language on amendments has been published, Republican amendments are expected to be on attorneys’ fees, paperwork reduction, IDEA funding (probably discretionary and not mandatory) and one placeholder. Democratic amendments are expected to be on mandatory full funding (Harkin); provision for homeless /foster children (Murray); research into environmental causes of developmental disabilities (Clinton); and one placeholder.
Proposals that testing results for students with disabilities not be counted in measuring a school’s Adequate Yearly Progress (AYP) under No Child Left Behind have been dropped. If the agreement holds, the Senate language on evaluation for eligibility for learning disabilities will remain until considered by the Conference Committee. The Senate hopes to act on the bill in mid March. When it passes the Senate, conferees from the House and Senate will be named to iron out differences between the two bills. A comparison of the original S 1248 and HR 1350 can be found in the June-July News from Washington.
BILLS PENDING IN CONGRESS
Conferees have not been named for either TANF, (Reauthorization of Temporary Assistance for Needy Families (HR 4, S 1523) or the Workforce Investment Act (WIA, HR 1261, S 1627).
The following bills are up for reauthorization in the 108th Congress. This may be tricky because, although staff will continue to work, members of Congress will be spending a lot of time on the upcoming elections:
- Head Start ( HR 2210, S1483)
- The Ready To Teach Act (HR 2211)
- The Child Medication Safety Act (HR 1170, S 1390)
- PASS (Pathways For Students To Succeed) (S 1554)
- Graduation for All Act (HR 3085) which would provide resources for schools to improve adolescent literacy and improve graduation rates.
- The Environmental Health Research Act Of 2003 (HR 852, S 1588)
- Keeping Families Together Act (HR 3243, S 1704) which would prevent families from having to give up custody of their children in order to get treatment for mental illnesses.
EXECUTIVE BRANCH
On February 2, 2004, the President introduced his proposed budget for Fiscal Year 2005. In the Department of Education budget:
- Part B of the Individuals with Disabilities Education Act (IDEA) would receive $11.1 billion, an increase of $1 billion over the 2004 appropriations. However, other parts of IDEA (Preschool Grants, Early Intervention, and Part D) would be increased slightly, level funded or reduced.
- Vocational Rehabilitation State Grants would receive $2.7 billion, an increase of $113 million over 2004 appropriations. However, other vocational rehabilitation programs would be level funded, reduced or eliminated.
- No Child Left Behind (NCLB) Title I Grants to States would receive $13.3 billion, an increase of $1 billion over 2004 appropriations. “Reading First” State Grants would receive $1.1 billion, an increase of $101 million, and “Early Reading First” would receive $132 million, an increase of $38 million over 2004 appropriations.
Funding for the new “Jobs for the 21st Century” proposals include:
- $100 million for a secondary school reading initiative, “Striving Readers,” to improve the skills of students reading below grade level;
- $120 million for a secondary education mathematics initiative to help mathematics teachers meet the needs of struggling students; and
- Funding to use qualified individuals from business, technology, and industry as teachers in secondary schools; enhanced Pell Grants to students who take a rigorous high school curriculum; State Scholars Programs; and training teachers in low income schools to increase the rigor of the high school curriculum.
Education programs that would be severely cut or unfunded include:
- “Even Start” family literacy;
- Juvenile crime prevention block grants;
- Juvenile Justice Delinquency Prevention Program; and
- Carl Perkins Vocational and Technical Education.
In the Department of Labor budget:
- Work Incentive Grants to enhance the employment of individuals with disabilities would receive $19.9 million, the same as 2004.
- The Community College Initiative under “Jobs for the 21st Century” to prepare workers for high demand occupations would receive $250 million.
Most programs in the Deparment of Health and Human Services either received modest increases or were level funded.
DEPARTMENT OF EDUCATION
OSERS. Troy Justesen, Deputy Commissioner of the Rehabilitative Services Administration has been named acting Assistant Secretary of the Office of Special Education and Rehabilitative Services (OSERS). Prior to moving to the Department of Education, Justesen was an associate director of domestic policy at the White House and also served as Deputy Executive Director of the President’s Commission on Excellence in Special Education.
No Child Left Behind. On December 9, the Department of Education issued final rules on measurement of Adequate Yearly Progress (AYP) under NCLB for students with significant cognitive disabilities. Under NCLB, a student with a disability may take 1) the regular grade level assessment; 2) the regular grade level assessment with accommodations; 3) an alternate assessment based on grade level achievement standards; or 4) an alternate assessment based on alternate achievement standards. Each state defines the students with “significant cognitive disabilities” who are eligible for the fourth alternative. The new regulations allow out of level testing for students with “significant cognitive disabilities.” Although there is no limit on the number of students who take these alternate assessments, the number of these proficient or advanced scores counted toward meeting the AYP may not exceed 1% of all students in the district for the grades tested. This cap applies to districts and states – not individual schools.
Test results for NCLB compliance are posted on a by-school basis at the state’s website: www.pen.k12.state.us. The state determines how many students with disabilities must be in a school before the percentage of these students who meet the AYP requirements are part of the public record. More information can be found at www.ed.gov/nclb
Federal Clearinghouses. On December 19, the Department of Education closed the 16 federally funding clearinghouses, including that for Disabilities and Gifted Education. A new contractor will replace this system with a more centralized one which will be operated like a commercial website engine such as Yahoo or Google. Most of the clearinghouses have moved their archives to new sites. The Disability and Gifted Education site is now at www.cec.sped.org.
DEPARTMENT OF LABOR
ODEP Website. The website of the National Collaborative on Workforce and Disability Youth of the Department of Labor’s Office of Disability Employment Policy at http://www.ncwd-youth.info answers frequently asked questions and describes resources and programs related to employment and disabilities for youth.
IN THE COURTS
RELAXATION OF REGULATIONS ON MERCURY EMISSIONS
On December 24, a federal appeals court blocked the Environmental Protection Agency (EPA) rule which would cut mercury emissions from coal burning power plants by 70% by 2018. Currently, the EPA requires individual coal burning power plants to reduce mercury emissions by 90% by 2008.
Mercury exposure to fetuses and young children can cause mental retardation and learning and attention disabilities. The main exposure to mercury comes from eating contaminated fish. Coal burning power plants produce about 40% of the mercury pollution found in the United States. Airborne mercury settles on the ground and/or groundwater and contaminates edible fish.
OTHER ACTIONS
LEVELS OF MERCURY IN FISH
A consortium of consumer and environmental groups (which includes the Consumer's Union, the National Resources Defense Council and the Mercury Policy Project) has accused the Food and Drug Administration of downplaying the dangers of mercury in fish in its dietary proposals and of failing to warn consumers about high levels of mercury found in canned albacore tuna. Methyl mercury is a neurotoxin that can damage the brain and nervous system of fetuses, infants and children, and the cardiovascular system of adults. Most of it is released into the air through industrial pollution and power plant emissions.
LDA News from Washington is a monthly publication of the Learning Disabilities Association of America. Written by Justine Maloney; Jane Browning, Editor. Paper copies by mail are available free to members upon request. Call 1-888-300-6710 or email info@ldaamerica.org
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© 2004 LDA of America