Several education bills on congressional agenda

1/28/03 -- This could be an eventful year for education on Capitol Hill, as several major programs are up for reauthorization, including special education, Head Start, the school lunch program, and the higher education programs.

For NSBA, local school boards, and the state associations, funding will be a top priority. "Local school boards are facing significant budget cutbacks, just as they must grapple with costly new mandates in NCLB, while special education costs -- a longtime underfunded mandate -- continue to rise," says NSBA Associate Executive Director Michael A. Resnick.

As this issue of School Board News was going to press, an omnibus appropriations bill for fiscal 2003 was being discussed on the Senate floor.

In a major victory for school boards, the Senate approved an amendment by Sen. Christopher Dodd (D-Conn.) to increase funding for the Individuals with Disabilities Education Act (IDEA) by $1.5 billion, bringing total funding for the program to $2.5 billion this year.

Even more encouraging was an earlier Senate vote to approve a measure proposed by Sen. Judd Gregg (R-N.H.), chair of the Health, Education, Labor, and Pensions Committee, to increase education funding to school districts through Title V (innovative education programs) by $5 billion to be offset by an across-the-board cut of 1.3 percent in all programs.

That followed an amendment by Sen. Edward M. Kennedy (D-Mass.), which was narrowly defeated, to increase education funding by $6 billion, mostly for NCLB.

"The real battle will be in the House-Senate conference committee," says Dan Fuller, director of federal programs at NSBA. "As a result of the two measures that were passed, 97 members of the Senate are on record as supporting an increase in education funding for $5 billion to $6 billion for 2003," Fuller notes. "We will be working to ensure that a funding increase of at least $5 billion is retained in conference."

The reauthorization IDEA is expected to be a top priority of the House and Senate education committees this year. No legislation has been introduced yet, but the Senate is further along than the House.

In addition to full funding of the federal share of IDEA, the key issues are likely to center on improvements to the due process procedures, paperwork reduction, administrative streamlining, and better training for teachers.

It's also likely that Congress might propose the use of vouchers for special education students, which was recommended by the President's Commission on Excellence in Special Education in its final report last year, says Reggie Felton, NSBA's director of federal relations. Rep. John Boehner (R-Ohio), chair of the House Committee on Education and the Workforce, has indicated he supports that concept.

NSBA opposes vouchers for special education or any other students.

"It is absolutely vital to guarantee the rights of students in special education, but the program has to be redesigned so it is no longer so overly compliance driven if the most effective services can be provided for children," Resnick says.

One problem with the program is the huge amount of teacher turnover, Resnick notes. "This is because teachers are required to spend more time as case mangers instead of providing classroom instruction. They are forced to participate in a process that unnecessarily pits teachers and parents against each other."

He says, "Too much special education money is wasted on unnecessary bureaucracy and legal processes, which, for example, result in unnecessary high-cost private placements and district decisions based on avoiding litigation rather than the best way to serve a child."

NSBA will be working with Congress to propose legislation to make some improvements in NCLB, particularly with regard to the provisions on adequate yearly process, Resnick says. While NSBA supports the goals of NCLB, "Congress now needs to design a system that stands up in the real world."

"During the program's first year, it is likely that there will be tremendous overidentification of schools not making adequate yearly progress," he says. "That will undermine the credibility of public education and NCLB itself."

The voucher/tuition tax credit issue is likely to resurface on Capitol Hill this year. So far, only one bill has been introduced -- a tax credit proposal introduced by Rep. Peter Hoekstra (R-Mich.). A voucher bill aimed at the District of Columbia also is likely to come up again.

Public education advocates have been able to beat back voucher proposals for the past few years, but it will be more difficult this year now that the Republicans control both houses of Congress, as well as the White House.

With regard to the reauthorization of Head Start, NSBA will propose that the program emphasize academic readiness and alignment with school district curricula.

"With NCLB strongly focused on ensuring that traditionally academically challenged students meet high standards, preschool readiness is more important than ever, Resnick notes.

NSBA also will be paying attention to the reauthorization of the Child Nutrition Act this year. "In an era of tight resources and unfunded mandates," Resnick says, "school boards will look to the federal government to reduce costs in the school lunch program and give districts more options to improve cost efficiencies."

NSBA also will push for more school district discretion over the school meal programs and other food sold in schools, says Joan Wodiska, director of federal legislation.

The Higher Education Act is up for reauthorization this year, and there are some implications for K-12 public schools, particularly with regard to teacher preparation.

A letter from Resnick to Boehner states, "NSBA hopes that Congress will closely examine the relationship between the highly qualified teacher requirements in NCLB and the preparation of teachers."

Wodiska says NSBA will urge Congress to expand loan forgiveness for highly qualified teachers who work in urban and rural schools in need of improvement and to hold colleges and universities accountable for the preparation of teachers they graduate.