White House Urged To Fully Fund IDEA

A federal agency and more than 130 members of Congress are calling on President Barack Obama to allocate more funding for special education in his upcoming budget proposal.

In separate letters to Obama, the National Council on Disability and a group including both Democrats and Republicans in Congress are asking the federal government to increase special education spending for the coming year and to establish a 10-year plan to fully fund the program.

“We owe it to all students to provide a quality education that will help them graduate and enter successful careers,” reads a letter from more than 130 members of Congress that’s expected to be released Tuesday. “The federal government needs a plan to move us toward full funding for IDEA.”

When the Individuals with Disabilities Education Act was enacted in 1975, Congress committed to funding 40 percent of the cost of special education, but the federal government has never actually paid more than 18.5 percent.

Read more of Michelle Diament's Disability Scoop article HERE.

Torlakson, Duncan Urge Congress to Act Swiftly to Prevent Looming Sequestration Cuts

State Superintendent of Public Instruction Tom Torlakson sent a letter on Tuesday urging Congressional leaders to work together and immediately pass legislation that would repeal drastic budget cuts set to take effect Friday under sequestration.

“Without Congressional intervention, automatic budget cuts from sequestration will take effect on March 1,” said Torlakson in a letter to Congressional leaders. “After years of extensive state and federal budget cuts to education, these cuts will devastate communities across California…. These automatic cuts will cause long-lasting and irreparable harm.”

Sequestration cuts could represent a $262 million funding reduction to California’s federal education program. These include estimated cuts of:

· $91 million for Title I of the Elementary and Secondary Education Act, intended to improve education for disadvantaged students;
· $72 million in special education funding for programs that serve the needs of students with disabilities;
· $2.8 million for public charter schools;
· $6.9 million for Career and Technical Education;
· $9.6 million in funding for English learners; and
· $3.7 million in Impact Aid affecting students in federally impacted school districts in California, including children of active duty service members.

Read more of the EdBrief post HERE.

As Cuts To Special Education Loom, Congress Takes Break

Within days, severe budget cuts are slated to hit nearly every federal program — including special education and other disability supports — and there’s no sign of a deal on the horizon.

The sweeping automatic spending cuts will take effect March 1 unless Congress acts. For people with disabilities, the across-the-board reductions are expected to touch everything from employment assistance to housing programs, education, mental health initiatives and research dollars.

The funding chop is coming under a process known as sequestration, which was triggered in 2011 after Congress failed to reach a budget deal. The cuts were designed to be so dire that neither political party would want them to go through and the two sides would be forced to reach a deal. So far, however, that has not happened. Lawmakers already delayed the cuts once when they were were originally scheduled to take effect in January, but now hopes are dimming that another deal with be struck to avert the reductions.

Read more of Michelle Diament's Disability Scoop article HERE.

Mental Health in Schools Act: Ask your Member of Congress to Cosponsor!

Support Student Access to Mental Health Services Take Action! Ask your Members of Congress to Cosponsor the Mental Health in Schools Act Recent tragedies across the nation have highlighted the need – more than ever – for improved access to mental health services.  Despite research showing the importance of school-based mental health services, nearly 70 percent of adolescents living with mental illness do not receive treatment. The American School Counselor Association recommends one school counselor for every 250 students, yet the national average during the 2010-2011 school year was one counselor for every 471 students.Please urge your Members of Congress to cosponsor the Mental Health in Schools Act,  legislation which has been introduced in the last several Congresses,  and would establish a grant program to school districts to expand access to mental health services by providing vital assistance to utilize innovative community partnerships in training school staff, volunteers, families, and other members of the community to recognize the signs of child and adolescent behavioral health problems and refer them for appropriate services. More information from the National PTA HERE.

Congress Urged To Create Tax-Free Disability Savings Accounts

Disability advocates are launching a major push to pressure Congress to pass legislation before year’s end that would offer a new way to save money without jeopardizing government benefits.

A broad coalition of three-dozen national organizations is backing the effort to support legislation known as the Achieving Better Life Experience Act, or ABLE Act. The bill would allow people with disabilities the ability to create special savings accounts where they could accrue as much as $100,000 without losing access to benefits like Social Security or Medicaid.

Advocates with the National Down Syndrome Society, Autism Speaks and The Arc are convening a press conference this Thursday on Capitol Hill to mark the one-year point since the bill was initially introduced and to revive their efforts to get the proposal enacted.

With 240 co-sponsors in the U.S. House of Representatives and 38 in the Senate, Sara Weir, vice president of advocacy at the National Down Syndrome Society, says momentum behind the bill is strong and advocates intend to capitalize on it. Weir’s group is targeting key members of Congress by flying in a group of 20 self-advocates and parents of those with disabilities from their districts across the country to lobby lawmakers in Washington this week.

Read more of Michelle Diament's Disability Scoop article HERE.

Will Congress compound its error on ‘highly qualified’ teachers?

Back in late 2010, Congress approved legislation that defined “highly qualified teachers” as including students still in teacher training programs. Now, instead of admitting that the definition doesn’t make much sense, Congress is on the road to passing new legislation to keep that definition on the books (even though a federal appellate court has ruled that it violates the No Child Left Behind law).

This week, and possibly as early as today, a Senate subcommittee is taking up an amendment to the Elementary and Secondary Education Act — known in its current form as No Child Left Behind — that deals with this issue.

Under NCLB, all children are supposed to have highly qualified teachers. School districts are supposed to let parents know which teachers are not highly qualified, and they are supposed to be equitably distributed in schools. But they aren’t.

In fact, teachers still in training programs are disproportionately concentrated in schools serving low-income students and students of color, the very children who need the very best the teaching profession has to offer. And the inequitable distribution of these teachers has a disproportionate impact on students with disabilities.

Read more of Valerie Strauss' Washington Post article HERE.

U.S. Department of Education Issues Resource Document that Discourages Restraint and Seclusion

Today, the U.S. Department of Education issued a publication that outlines principles for educators, parents and other stakeholders to consider when developing or refining policies and procedures to support positive behavioral interventions and avoid the use of restraint and seclusion.

The goal of this resource document is to help ensure that schools are safe and healthy environments where all students can learn, develop and participate in instructional programs that promote high levels of academic achievement.

“As education leaders, our first responsibility must be to make sure that schools foster learning in a safe environment for all of our children and teachers,” U.S. Secretary of Education Arne Duncan said. “I believe this document is an important step toward this goal. I also want to salute leaders in Congress for their vigilance on this issue.”

The 15 principles that frame the document ultimately highlight how schoolwide behavioral interventions can significantly reduce or eliminate the use of restraint or seclusion. These guiding principles offer states, districts and other education leaders a framework for developing appropriate policies related to restraint and seclusion to ensure the safety of adults and children.

Read more of the U.S. Dept of Ed press release  HERE.

Advocates Press Congress to Act on Restraints, Seclusion

A coalition of advocates for people with disabilities offered more criticism of a recent report by the American Association of School Administrators that touted the merits and necessity of using restraints and seclusion.

On Monday, the Consortium for Citizens with Disabilities picked apart the AASA report, which came on the heels of the first ever attempt to collect data on the frequency with which public school students are restrained or isolated in the name of keeping themselves or others safe. AASA's report was based in part on a survey of its members, but as CCD points out, there isn't any information about the survey or its methodology.

"With no source cited, the AASA simply asserts that 99 percent of school personnel use seclusion and restraint safely and only when needed. This assertion is not supported by any facts," the Consortium wrote.

The group also attacked AASA for claiming that school staff members are well trained regarding the appropriate methods of restraining or secluding students.

"The survey does not distinguish between staff who receive a few hours of instruction and those who complete rigorous training and certification programs," the letter says. "In fact, poorly trained or untrained staff were involved in several deaths and injuries reported by the [Government Accountability Office} and others. Only seven states mandate training in medical distress and first-aid, and only 18 states in safe and appropriate restraint/seclusion use (often without further definition of what this means)."

The Congressional bills will require training in evidence-based techniques and the dangers of seclusion and restraint, and provide needed funds for training personnel."

Read more of Nirvi Shah's On Special Education article HERE.

DREDF Action Alert - May 4th - IDEA Fairness Restoration Act.

Join other parents and advocates around the country on May 4, 2011, by making a call to your House or Senate representatives to ask that they co-sponsor the IDEA Fairness Restoration Act (S. 613 in the Senate; H.R. 1208, in the House). The IDEA Fairness Restoration Act will restore Congress' intent that parents should recover expert witness fees when they prevail in due process proceedings.

See DREDF Action Alert HERE.

What’s Next For Special Education

This spring Congress is expected to take up reauthorization of the nation’s primary education law — the Elementary and Secondary Education Act, or ESEA, now known as No Child Left Behind.

In an exclusive interview with Disability Scoop, Alexa Posny — the Department of Education’s top special education official — offers an insider’s take on what students with disabilities can expect and weighs in on academic standards, restraint and seclusion, teacher training, the future of inclusion and more.

Read Michelle Diament's Disability Scoop interview HERE