Recommendation #40
SUBJECT
Deferral of Restructuring Sanctions: Inadequate Federal Appropriations for
Students with Disabilities (Individuals with Disabilities Education Act)
P.L. 107-110 PROVISIONS
TITLE I PART A SUBPART 1 SEC. 1116
NSBA RECOMMENDATION
#40: School districts and states should not be required to restructure schools or school districts in years when IDEA funds are not increased by at least $2 billion over previous year’s level.
RATIONALE
As the local costs of implementing sanctions relating to restructuring rise and involve more schools, the federal government should pick up the costs of funding its share of IDEA mandates. In the absence of a significant commitment to reaching the federal share of IDEA, school districts should not have to meet the restructuring mandates of NCLB as well.
PROPOSED BILL LANGUAGE
Section 1116 (20 U.S.C. 6316) is amended by adding at the end the following:
“(i) Conditional Implementation.—Notwithstanding any other provision of this section, a State educational agency, local educational agency, or school, as applicable, may defer the requirements of subsection (b)(7) and (8) and subsections (c)(7) and (10) in any fiscal year for which both of the following apply:
*“(2) The amount appropriated under section 611(i) of the Individuals with Disabilities Education Act (42 U.S.C. 1400 et seq.) for that fiscal year fails to exceed, by at least $2,000,000,000 the amount appropriated under that section for the preceding fiscal year.”.
*Note: (i)(2) is a newly proposed subsection, its number and letter may vary in the final bill.
IMPACT OF CURRENT LAW
Despite rising costs in providing services to students with disabilities, Congress has never fulfilled its commitment in fully funding IDEA at 40 percent average per-pupil cost. When lawmakers reauthorized IDEA in 2004, they established a 7-year path to full funding by 2011, but they have not adhered to that schedule and currently provide less than half of the federal share. Congress’ unwillingness to commit adequate resources to educate students with disabilities causes school district to divert local funds from other programs to cover the federal share of IDEA mandates. This hurts both the general education and educators’ ability to help students with disabilities meet AYP goals.
NSBA CONTACT
Reggie Felton, director of federal relations, 703-838-6782 or rfelton@nsba.org.