[int-per] FW: Legislative Update

[JOHNSON Steve]

FYI.  From the National Association of State Directors of Special Education.

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Contents
FY 04 Budget
IDEA Reauthorization
More on Private School Vouchers/Tuition Tax Credits
Concern Over Medicaid
News from the Department of Education
New Web site on Disability Research Needs
Mental Health Parity
Respite Care Act
New GAO Report on Title I
News from CEC
News from NGA
News from CHADD
Rural Schools Report Highlights Needs
Department of Labor Seeks Nominations for New Freedom Initiative Award
Funding Opportunities


Many of you have asked about the notice of proposed rulemaking (NPRM) that
we are anticipating for measuring AYP for students with significant
cognitive impairments under NCLB.  We have been told repeatedly that the reg
would be immediately forthcoming.  Haven't seen it yet.  I was told this
morning it will be out in a week.  (I was also told that a month ago.)  We
will forward it to you as soon as we see it.  

Here's some other updates:

FY 04 Budget
*	Assistant Secretary Bob Pasternack will be testifying before the
House Appropriations Subcommittee this week on the President's FY 04 budget
for IDEA and Vocational Rehabilitation.  
*    The House Budget Committee is expected to move forward this week to
mark up its budget bill.  It is expected that this measure will closely
parallel the President's budget request.  It is important to remember that
even though the FY 03 budget was higher, especially for some education
programs, than the President's FY 03 budget request, the President is not
going to change his FY 04 budget.  Thus, the $1 billion increase that he
proposed for FY 04 is now only a $600 million increase because the FY 03
budget was $400 million over his budget request.

IDEA Reauthorization
Both House and Senate staffers are working around the clock to complete
their bills. As you know, we have had a number of inquiries from staffers
while they are toiling away with very little information being leaked.  We
have reviewed a draft of a personnel prep bill and provided comments.  This
bill may be offered as an amendment.  We have also provided input to another
senator's staffer who was also interested in personnel issues.  We provided
some input to a staffer who is working on risk pool language.  And we
continue to meet or talk with other staffers on our key legislative issues.
A markup in the Senate is still tentatively scheduled for March 26th.  The
House promises to have a bill on the floor by Easter.  

A number of IDEA-related bills have been introduced.  Most of them will not
move forward independently of IDEA reauthorization.  But just so you know
what is out there:

*	H.R. 684, the "District of Columbia Student Opportunity Scholarship
Act of 2003," introduced by Reps. Flake (R-AZ) and Lipinski (D-IL) would
provide scholarships, e.g., vouchers for District of Columbia elementary and
secondary students to attend private schools.
*    S. 110, the "Canceling Loans to Allow School Systems to Attract
Classroom Teachers Act," introduced by Sen. Graham (R-SC) would increase the
higher education loan forgiveness program for special education teachers (as
well as science and math teachers) from $5,000 to $17,500.
*    H.R. 647, the "Canceling Loans to Allow School Systems to Attract
Classroom Teachers Act," is the House companion bill to S. 110.
*    H.R. 863, the 'Classroom Safety Act of 2003," introduced by Rep. Vitter
(R-LA) would allow school districts to cease special education services to
students after being expelled or suspended for having a weapon or possessing
or using illegal drugs.
*    H.R. 864, the "IDEA Keeping Our Commitment Act of 2003," also
introduced by Rep. Vitter (R-LA), would provide full federal funding for
IDEA over two years.
*    H.R. 823, the "Full Funding for IDEA," Act has been introduced by Rep.
John Larson (D-CT).  This is another full funding measure.
*    Although it hasn't been introduced yet, Senators Hagel (R-NE) and
Harkin (D-IA) are working on a bill that is similar to their full funding
bill from last year.
*    Senators Reed (D-RI) and Kennedy (D-MA) will be introducing a personnel
prep bill today.  The bill would target SIG funds towards personnel prep.
It is viewed by its sponsors as one piece of a package of bills that
Democrats will be introducing.  The bill will serve as a "placeholder" and
will probably be offered as an amendment to the IDEA bill after it is
introduced.

More on Private School Vouchers/Tuition Tax Credits
*	To support language in President Bush's FY 04 budget calling for a
private school voucher program for the District of Columbia, the new Senate
majority leader, Senator Frist (R-TN), has cosponsored S. 4, the
"Opportunity for Every Child Act of 2003."  The major components of this
bill include a $75 million private school voucher program, a six-year $45
million DC voucher program and a new $2,500 private school tuition tax
credit.  The other cosponsors of S. 4 are Senators McConnell (R-KY),
Santorum (R-PA), Alexander (R-TN), Ensign (R-NV) and Graham (R-SC).  
*    People for the American Way and the Disability Rights Education and
Defense Fund have released a report on Florida's McKay Scholarship program.
The report, "Jeopardizing a Legacy:  A Closer Look at IDEA and Florida's
Disability Voucher Program," is highly critical about the lack of
accountability procedures in place for the private schools participating in
the program.  The report can be downloaded from
www.pfaw.org/pfaw/dfiles/file_167.pdf
<http://www.pfaw.org/pfaw/dfiles/file_167.pdf>.  
*    On February 13th, the Cato Institute held a forum on special education
and school choice.  All of the panelists consisted of pro-voucher
individuals.  While there are no papers to share at this time, it is our
understanding that the Cato Institute plans to release a book on this
subject in the near future.

Concern Over Medicaid
While NASDSE has been working with Senator Reed's office to devise a
strategy around the Centers for Medicare and Medicaid's (CMS) administrative
claiming guide, other Medicaid supporters are engaged in a much larger
political battle over the entire Medicaid program.  President Bush has
proposed a major overhaul of Medicaid that would effectively eliminate the
Medicaid entitlement.  Instead, states would receive a block grant.
Individuals would lose their present entitlement to receive services in
"sufficient amount, duration and scope" to treat their conditions.  The
situation is made even more dire by the economic crises in many states,
since states contribute a significant portion of state revenue to pay for
Medicaid expenditures.  These proposals could dramatically affect access of
individuals with disabilities to the medical services that they need.  While
NASDSE has not officially taken a position on the President's proposal, we
remain concerned about the impact that major changes could have on
individuals with disabilities, a large percentage of whom receive Medicaid
and rely on  it for their health care.  In addition, the larger Medicaid
crisis is making it extremely difficult for our voices to be heard on our
administrative claiming issues.

News from the US Department of Education
*	On February 7th, the Department published a notice in the Federal
Register inviting comments on proposed information collection required under
the revised Part C Annual Performance Report. The US Department of Education
requested comments on or before April 8th pursuant to the regular clearance
process.  The Department also has asked for an expedited review by OMB of
the new form because states must complete the forms by March 31st.  Part C
coordinators are concerned about the burden of completing the new forms
because they are required to complete these forms in addition to various
other reports and updates related to CIMP and focused monitoring, all due
around the same time.  While this may not be a concern to those state
departments of education that do have responsibility for Part C, there is
some concern that similar forms will in fact be used by the Department for
next year's Part B reporting.  For more information, you can download the
Federal Register announcement at
<http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.go
v/2003/pdf/03-3124.pdf>.
*    In case you missed an earlier email, Secretary Paige's principles for
the reauthorization of IDEA can be found on the Department's web site at
<http://www.ed.gov/PressReleases/02-2003/02252003.html>.
*    Secretary Paige, together with Homeland Security Secretary Ridge
recently unveiled a new web resource to help schools plan for emergencies.
This resource is available at www.ed.gov/emergencyplan
<http://www.ed.gov/emergencyplan>.  The announcement for this new endeavor
can be found at <http://www.ed.gov/PressReleases/03-2003/03072003.html>.
*    On February 28th, Secretary Paige responded to a letter from Rep.
Boehner (R-OH), who chairs the House Education and Workforce Committee.  The
Secretary's letter provides a summary as to how the Department intends to
address the Commission's recommendations.  We will post a copy of this
letter on NASDSE's Government Relations Page of the NASDSE web site,
www.nasdse.org <http://www.nasdse.org>.
*    The US Department of Education has given a grant to the Western
Governors University to launch a new on-line teacher preparation program.
This competency-based Teachers College will offer accredited certificate,
undergraduate and graduate academic degrees for current and prospective
teachers.  For more information, go to www.wgu.edu/tc
<http://www.wgu.edu/tc>.
*    On February 12th, Secretary Paige announced that $17 million in new
grants has been awarded to fund projects to help improve the quality of
assessment instruments and systems used by states to measure the achievement
of all students, especially students with disabilities and those with
limited English proficiency under the NCLB.  The Department has already
provided $370 million in state assessment formula grant funding to all state
education agencies.  For a list of the grantees, go to
<http://www.ed.gov/PressReleases/02-2003/02122003a.html>.
*    In case you are interested, the Commission on Opportunities in
Athletics (better known as the Title IX Commission) released its final
report on February 26th.  The report can be found on the Department's web
site at <http://www.ed.gov/pubs/titleixat30/title9_report.pdf>.
*    In conjunction with the Centers for Disease Control, the US Department
of Education is seeking to fund research in conflict resolution/social and
emotional learning.  The purpose of the program is to evaluate the
effectiveness of interventions designed to promote positive social and
character development, increase positive behaviors and reduce antisocial
behaviors among elementary school children.  More information is available
at <http://www.ed.gov/offices/IES/funding.html>.   
*    The US Department of Education has announced the availability of new
Early Reading First grants for Fiscal Year (FY) 2003.  Applications will be
available on March 17th and pre-applications are due by April 11th.  The
announcement appears in the March 11th Federal Register at
<http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.go
v/2003/pdf/03-5784.pdf>.

New Web site on Disability Research Needs
The government's Interagency Committee on Disability Research has developed
a new web site to gather comments and recommendations on research needs for
individuals with disabilities.  This committee is chaired by the director of
the Education Department's National Institute on Disability and
Rehabilitation Research (NIDRR).  To access the web site, go to
<http://www.icdr.us/>.

Mental Health Parity
The Paul Wellstone Mental Health Equitable Treatment Act (S.486/H.R. 953)
was introduced on February 27th by Senators Pete Domenici (R-NM) and Edward
Kennedy (D-MA) and Representatives Patrick Kennedy (D-RI) and Jim Ramstad
(R-MN).  More than 200 members of Congress have already signed on as
co-sponsors.  As a reminder, this legislation would require insurance
companies to provide comparable mental health insurance coverage (e.g., in
terms of co-pays, limits, etc.)  For more information on this legislation
and information on how to send a letter to your Member of Congress on this
specific issue, go to the web site of the Mental Health Liaison Group at
www.mhlg.org <http://www.mhlg.org>.

Respite Care Act
The Lifespan Respite Care Act of 2003 was introduced on March 5th.  The bill
numbers are H.R. 1083 and S. 538.  Senator Clinton (D-NY) introduced the
bill in the Senate.  The Senate Health, Education, Labor and Pensions (HELP)
Committee is scheduled to mark up the bill on March 19th.  NASDSE supports
this bill, which would help provide respite care to caregivers, including
those who care for individuals with disabilities.

New GAO Report on Title I
The General Accounting Office has released a new report on Title I,
"Disadvantaged Students.  Fiscal Oversight of Title I Could Be Improved."
The report looks at the "maintenance of effort" (MOE) and "supplement not
supplant" (SNS) provisions of Title I by examining how six states conducted
oversight of the MOE and SNS provisions and what factors affected their
ability to do so. The GAO also looked at the Department of Education's
efforts to enforce these provisions and in these six states, what changes
have occurred in the federal share of education funding from the 1999-2000
to 2000-01 school year.  This report can be downloaded from
www.gao.gov/cgi-bin/getrpt?GAO-03-377
<http://www.gao.gov/cgi-bin/getrpt?GAO-03-377>. 

News from CEC
The Council for Exceptional Children (CEC) has announced the appointment of
Dr. Drew Albritten to the position of executive director to replace Nancy
Safer who is retiring this spring.  Dr Albritten currently serves as the
executive director of the Georgia Association of Educators.  His appointment
will begin June 16th.

News from NGA
The National Governors Association recently completed its winter meeting.
The governors agreed to a resolution asking for federal assistance to help
states pay for three federally mandated programs - homeland security,
special education and the No Child Left Behind Act.  The governors maintain
that these three programs are contributing to the substantial fiscal crises
that many states are facing.   

News from CHADD
The Children's Behavioral Alliance, a coalition of advocacy organizations
organized by CHADD (Children and Adults with Attention-Deficit/Hyperactivity
Disorder) has released a paper, "In the Best Interests of All."  The paper
identifies the unmet needs of children with significant social, behavioral
and emotional needs.  Coalition members argue that better linkages to other
school-based, community mental health, primary care and community-based
resources must be identified, funded and implemented.  The paper is
available from CHADD at 1-800-233-4050.  You can try downloading the paper
from CHADD's web site, but I found this difficult to do.  The web site is
www.chadd.org <http://www.chadd.org>.

Rural Schools Report Highlights Needs
The Rural School and Community Trust recently released a report identifying
their education needs.  For example, the NCLB poses special problems for
rural schools, many of which are too small to yield reliable test data
required by NCLB accountability provisions.  The report is available at
www.ruraledu.org.

Department of Labor Seeks Nominations for New Freedom Initiative Award
DOL is seeking nominations for the Secretary of Labor's New Freedom
Initiative Award.  Established last year, this award recognizes
organizations or individuals who have demonstrated exemplary and innovative
efforts in furthering the President's New Freedom Initiative employment
objectives, e.g., to ensure that individuals with disabilities are fully
integrated into the workforce.  Nominees must have developed and implemented
a multi-faceted program directed toward increasing employment opportunities
for people with disabilities through increased access to assistive
technologies and use of innovative  training, hiring and retention
techniques.  Complete eligibility criteria and nomination guidelines can be
accessed at www.dol.gov/odep <http://www.dol.gov/odep>.  The deadline for
receipt of nominations is May15th.

Funding Opportunities
*	The Department of Labor has announced $17 million in funding under
the Work Incentive Grant program to enhance One Stop services for people
with disabilities.  More information is available at
<http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.go
v/2003/03-3338.htm>.
*	The Substance Abuse and Mental health Services Administration
(SAMHSA) has announced the availability of $7 million for up to 35 awards
for effective adolescent alcohol and drug abuse treatment.  Nonprofit
entities as well as state and local governments are eligible to apply for
these funds.  For information, go to SAMHSA's web site, www.samhsa.gov
<http://www.samhsa.gov> and click on "grant opportunities." 

NASDSE