Advocacy update

Education funding

The "mini-omnibus" budget bill signed into law by the President Nov. 29 for fiscal year 2000 provides $35.6 billion for programs administered by the U.S. Department of Education.

That's an increase of $2.07 billion (6.2 percent) over the 1999 appropriations. But the increase comes after applying an across-the-board cut of 0.38 percent that was taken from the budget of each federal agency. Department heads have the discretion to determine which programs to reduce, with the caveat that no specific program may be reduced more than 15 percent.

The bill increases special education funding by $700 million for fiscal 2000 for a total of $6 billion. That amount includes an increase of $679 million for special education state grants, which will receive approximately $5 billion.

Throughout the funding debate, members of both parties in both houses spoke about local school boards' need for drastically increased funding for special education.

The appropriations bill increases Title I local school district grants by $209 million for fiscal 2000. This represents only a 3.2 percent increase. Of that amount, $134 million was restricted for corrective actions in school districts where one or more schools are in need of improvement and the district permits public school choice. That leaves only a $75 million increase for all other Title I programs.

One of the most contentious issues in the budget debate had to do with the class-size reduction program, which supports the hiring of teachers to cut class sizes in grades K-3. In the end, Congress agreed to retain the program–a key priority of President Clinton–but also agreed to give school districts more flexibility in how they use the funds, a change sought by NSBA.

The bill provides $1.3 billion for this initiative, an increase of $100 million over last year. The bill allows school districts to use up to 25 percent of their share of these funds (up from 15 percent) for teacher training, professional development, and teacher certification.

Also, a school district that does not receive enough money to hire a new teacher can use the money for professional development, teacher certification, or a portion of a teacher's salary to reduce class size.

Furthermore, all teachers hired with this money must be certified by the state or through local alternative routes, provided they demonstrate competency in the subjects they teach.

Ed-Flex expansion

The Education Flexibility Partnership Act of 1999, signed by the President in April, expands the 12-state Ed-Flex demonstration program so that all states have the opportunity to participate.

The Ed-Flex law allows states to approve waivers from certain federal regulations at the local level, thus giving states and local school systems increased flexibility in determining how to spend federal education funds. NSBA supported the legislation to expand the Ed-Flex demonstration to all states.

Action starts on ESEA

The reauthorization process for the Elementary and Secondary Education Act (ESEA) is well under way with the passage of three House bills–the Teacher Empowerment Act (H.R. 1995), the Student Results Act (H.R. 2), and the Academic Achievement for All Act (H.R. 2300). When Congress reconvenes in January, the Senate will consider its own comprehensive ESEA legislation.

Support for student results

The Student Results Act, passed by the House Oct. 21, focuses on federal support for low-achieving and poor students, education of migrant students, bilingual education, comprehensive school reform, magnet school assistance, gifted and talented education, rural education, and education of the homeless and Native Americans.

NSBA supported passage of the bill but identified several areas that the bill fails to address adequately, including insufficient support for local school district capacity building, failure to target funds to schools most in need, inadequate expansion of early childhood development programs, and lack of accountability for non-public schools.

Teacher empowerment

The Teacher Empowerment Act would consolidate the Eisenhower Professional Development program, Goals 2000, and class-size reduction into annual grants to states and school districts. It was passed by the House July 20.

Sen. Judd Gregg (R-N.H.) then offered the Teacher Empowerment Act as an amendment to the Bankruptcy Reform Act (S. 625), which was not passed but is expected to be one of the first orders of business when the Senate returns in January.

The initial language of the bill shifted funds away from areas with high concentrations of poverty. But Rep. William F. Goodling (R-Pa.), chair of the House Committee on Education and the Workforce, offered an amendment that included a "hold harmless" provision to ensure that states would not receive any less funding than they received for fiscal 1999.

NSBA raised several objections to the bill, but stopped short of opposing the legislation. NSBA also expressed disappointment that the House committee failed to support a provision to reduce class sizes in the early grades for those school districts that are in a position to hire more teachers.

Block grant demonstration

The Academic Achievement for All Act (Straight A's Act) would create a 10-state pilot program to allow most federal categorical aid to be distributed in the form of block grants, provided the states agree to contracts with the government for raising student achievement. The House passed the bill Oct. 21.

NSBA strongly opposed H.R. 2300 because it could lead to more bureaucracy, regulations, and inefficiency, as well as invite school districts to compete needlessly.

Without specific safeguards, state politics could generate more rulemaking and divert funds away from those most in need. NSBA also believes total federal education funding could become vulnerable to cuts.

Vouchers in Title I program

Sen. Orrin Hatch's (R-Utah) amendment to S. 625, the Bankruptcy Reform Act, would have allowed students eligible for Title I services who are victims of a violent criminal offense on school grounds, including drug-related violence, to transfer to a safer school.

The amendment would have allowed the school district to use Title I funds to pay the supplementary costs for the student to attend another school, including a public, private, or religious school in the same state. The state education agency would determine what constitutes a violent crime.

This amendment passed by a 50-49 margin, but debate on S. 625 was suspended before Congress adjourned for the year. The Senate is expected to take up this legislation early in the next session.

NSBA opposed the Hatch amendment, believing that if students are assigned to unsafe school environments, it is far better to provide funds to improve the environment for all students.

Student discipline

Senators Bill Frist (R-Tenn.) and John Ashcroft (R-Mo.) proposed an amendment to the juvenile justice bill (S.254) to allow local school district officials to suspend, expel, or remove all children (including special education students) when they bring a firearm (Senate language) or weapon (House language) to school. P>Both the House and Senate passed this amendment. However, the juvenile justice bill was not enacted because of differences over its gun control provisions. NSBA played a key role in keeping pressure on members in both chambers to include this provision in the underlying legislation.

Medicaid reimbursements

A last-minute provision opposed by NSBA was added to the Ticket to Work and Work Incentives Improvement Act, a bill aimed at continuing Medicaid benefits to disabled adults. The amendment would have significantly altered the way school districts apply for and receive reimbursement for Medicaid outreach services as required under the Individuals with Disabilities Education Act (IDEA).

This section would have eliminated the "bundling" of these services, eliminated the use of contingency fees for private providers that prepare the reimbursements for local school districts, and drastically limited how a school district may be reimbursed for these services. NSBA played a critical role in pressuring members of Congress to remove this provision from the legislation.

This legislation also includes the tax extenders package, which has a provision relating to elementary and secondary education. It extends through Dec. 31, 2001, the Qualified Zone Academy Bond Program for tax credit bonds to assist poor schools. The legislation provides $400 million in bond authority for the years 2000 and 2001. The conference report was passed by both houses and awaits the President's signature.

Saving for education

The Taxpayer Refund and Relief Act included a provision to expand education savings accounts for K-12 education expenses, including private and religious school tuition. This legislation passed the House and Senate on Aug. 5 but was vetoed by the President. NSBA opposed this measure.

House resolutions

Congress also considered these non-binding resolutions:

• The House passed the Dollars to the Classroom resolution (H.Res.303) Oct. 12. It calls for the Department of Education to work with states and school districts to ensure that 95 percent of funds for elementary and secondary education are spent to improve student academic achievement.

• The IDEA Funding Resolution (H.Con.Res.84) was passed by the House May 4. It urges Congress to fully fund IDEA while maintaining the commitment to existing education programs. NSBA has played a critical role in telling Congress that local school boards need drastically increased funding for special education.

For more information on specific programs, access NSBA's fax-on-demand library at (800) 609-6722, #4. Select document 234.