January 27, 2017

 Permanent link

AASA Organizes Perkins CTE Letter for 80+ National Organizations and Businesses

In 2016, the House passed an overwhelmingly bipartisan bill reauthorizing the Perkins CTE Act, but the Senate was unable to come to an agreement on a few policy issues, so the bill never made it to Conference or President Obama's desk. Since President Trump has promised to bring jobs back to American workers, we decide to spearhead an effort with our friends at IBM and the Association of Career and Technical Education to urge the House and Senate CTE Caucus Co-Chairs to pressure the Trump administration to increase investments in Perkins CTE. In addition, we urged them to work behind-the-scenes to ensure Perkins CTE reauthorization would be taken up quickly by the House and Senate Education committees. You can read our letter, which is signed by 85 associations and businesses here.

January 26, 2017

 Permanent link

AASA Supports the Streamlining Energy Efficiency for Schools Act

This week, Representatives Matt Cartwright (PA) and Peter Welch (VT) reintroduced the Streamlining Energy Efficiency for Schools Act (H.R. 627). The bipartisan bill has the support of education and environmental advocacy groups and 43 bipartisan cosponsors.  It was first introduced in 2014 and unanimously passed the House in 2014 and 2016. A companion bill is expected to be introduced in the Senate soon.

The bill would create a system to help schools better navigate available federal programs and financing options for energy efficiency improvements to their facilities, potentially saving schools time and money. AASA was proud to support this bill along with both principal associations and other education groups.

January 11, 2017

 Permanent link

Quick and dirty summary of SCOTUS Endrew argument

As mentioned earlier on the blog, AASA submitted an amicus brief in the critically important Supreme Court case Endrew v. Douglas County School District. Accompanied by our terrific lawyers, Ruthanne Deutsch and Chris Borreca, I had the privilege of hearing the oral argument in the Endrew case today and wanted to share a brief summary of my impressions and to let you know that the AASA amicus was mentioned not once, but TWICE in the Court. Amicus briefs rarely get mentioned or cited during oral argument and the fact that ours was referenced is a testament to the strong arguments we presented.

Here's my quick and dirty summary of what happened and may happen: Based on the oral arguments it’s going to be a very close vote. If it goes 4-4 than the 10th Circuit decision in favor of the district stands. That’s a good thing. The court could choose to indicate that the 10th circuit standard for some educational benefit is weak, but not propose a new standard. If they propose a new standard it will be terrible for us, but that doesn’t appear to be the direction they want to go in since they really didn’t know what standard they should adopt. Instead, they may just criticize the 10th circuit for their poor definition of educational benefit and encourage them to find some other way of determining educational benefit and point to the 2nd Circuit or another Circuit that has applied some educational benefit more accurately. If they criticize the 10th Circuit case in this way it could lead to more litigation for states in the 10th Circuit (CO, KS, NM, UT, WY, OK), but they aren’t very litigious places anyway and it would be far better than adopting a new standard that applies to everyone across the U.S. There were many tough questions on both sides (as there should be) and it’s pretty clear that the “merely de minimis standard” the 10th Circuit adopted for educational benefit is gone. The major question is whether it is replaced with anything else or just ruled as an inappropriate standard. The transcript of the oral argument was just posted online, so you're welcome to read it for yourself and decide what the Court is thinking, too! 

 

January 10, 2017

(ESEA, IDEA, PERKINS, RURAL EDUCATION, SCHOOL NUTRITION, ADVOCACY TOOLS, SCHOOL CHOICE AND VOUCHERS, ED FUNDING) Permanent link

AASA Releases Transition Memo

As the new year, new Congress, and new administration get under way, AASA shares its transition memo, identifying areas where the Trump administration could take steps that work to strengthen and support the nation's public schools.

The text of the transition memo is below, or you can read the PDF version.

Please direct any questions to the AASA advocacy team (Noelle Ellerson Ng, Sasha Pudelski, or Leslie Finnan).

 

Dear President-Elect Trump,

As you begin to think more deeply about your policies and priorities for improving the education of students in the United States, AASA, The School Superintendents Association stands ready to work with you and your Secretaries to ensure the 13,000 school districts we represent and the children they educate are well-served by your Administration. Throughout our more than 150 years, AASA has advocated for the highest quality public education for all students, and provided programing to develop and support school system leaders. AASA members advance the goals of public education and champion children’s causes in their districts and nationwide. 

Given that less than 10 percent of our budgets are derived from federal dollars, we strongly support increased local control over education decisions. We championed the recently enacted Every Student Succeeds Act for many specific reasons, but most generally for taking the pendulum of federal overreach and prescription rampant under No Child Left Behind and swinging it firmly back to state and local control. AASA believes there is a critical role for the federal government in improving K-12 education, but that role is meant to strengthen and support our public schools, not dictate to them. We write to delineate the policy areas in which we believe the Trump Administration can do just that: support and strengthen our public schools. The following outlines our sincere suggestions for areas where we think your administration’s leadership is most important.

Provide states and school districts with flexibility to implement ESSA

State and local education agencies are deeply involved in efforts to implement the Every Student Succeeds Act (ESSA). As regulations, guidance and technical assistance designed to support implementation have been released by the Obama administration, certain proposals have run counter to the spirit and intent of the underlying statute and act to undermine the state and local flexibility intended by law makers. One of the best examples of this is within the proposed regulations for the law’s Title I ‘Supplement, Not Supplant’ (SNS) provisions. Title I was designed to be a flexible program, giving school districts and schools latitude to spend Title I funds on a broad array of educational services as long as they are consistent with the program’s purposes. The SNS rule as it is currently drafted substantially limits how school districts and schools may allocate resources, restricting and even undermining the ways in which Title I can support at-risk students. The proposal glosses over the realities of school finance, the reality of how and when funds are allocated, the extent to which districts do or do not have complete flexibility, the patterns of teacher sorting and hiring, and the likelihood that many students would experience the rule, as drafted, in a way that undermines intentional, evidence-based efforts aimed at increasing education equity. The proposal will restrict—rather than support—the ways in which state and local resources can be used to most effectively and equitably support at-risk students.

What you can do: We believe that a simple path the administration could follow in supporting state and local flexibility is to default to the underlying statute (which includes a test auditors could use) and refrain from additional unnecessary prescription. 

Reduce the administrative burden on districts

Increases each year in the amount of data requested by the Obama Administration has become the norm for school leaders. This surge in data collection has been particularly difficult for small, rural school districts to meet. The Department of Education’s Office of Civil Rights has been particularly to blame for the uptick in data collection through changes made to the Civil Rights Data Collection. In its last iteration for the 2015-2016 school year, the Department increased data collection by 17 percent.  Prior to the Obama Administration, the data was not required to be collected by all districts. In particular, smaller districts were exempt from participating in the collection every two years given the enormous burden it imposed. The Obama Administration chose to remove this exemption and require every district to submit data regardless of the size of district or burden this imposed.  

What you can do: We believe a simple and meaningful change your administration could make is to reduce the data points collected by the Civil Rights Data Collection to the most critical items necessary for monitoring compliance with the Title IV and VI of the Civil Rights Act. Further, the Department could return to the practice of the Bush Administration and revert to the traditional sampling procedures (stratification, estimation, etc.) that were used previously to survey districts for compliance. Further, require an internal audit of all data that is collected by the U.S. Department of Education in every division of the Department and ensure this data is legislatively mandated, non-duplicative and utilized in a manner that could benefit K12 students. Specifically, request that Department personnel whether any current data collection is focused on answering the question ‘Should we be collecting this data?’

Undo financially destructive regulations and absolve unfunded mandates

Since its inception in 1975, IDEA has protected students with disabilities by ensuring access to a free appropriate public education.  At the time the statute was enacted, Congress promised to pay 40 percent of the National Average per Pupil Expenditure. While special education funding has received significant increases over the past 15 years, including a one-time infusion of funds included in the American Recovery and Reinvestment Act, federal funding has leveled off recently and has even been cut. The closest the federal government has come to reaching its 40 percent commitment through annual appropriations was 18 percent in 2005. The chronic underfunding of IDEA by the federal government places an additional funding burden on states and local school districts to pay for needed services.  This often means using local budget dollars to cover the federal shortfall, shortchanging other school programs that students with disabilities often also benefit from. 

To exacerbate special education funding shortfalls, on December 12, 2016, the Obama Administration issued a new IDEA regulation that would have profound financial implications for districts. This regulation attempts to re-write the statute of IDEA pertaining to findings of significant racial and ethnic disproportionality in special education. While AASA believes this aspect of the statute is critically important, we think that the Administration has misinterpreted what the statute says and allows the Department of Education to amend it in ways that are not legally sound. In particular, USED will require states to impose a specific methodology to determine what districts have significant racial and ethnic disproportionality. If the Department’s estimate is to be believed, between 300 and 500 million dollars allocated to districts to provide direct services to students with disabilities would have to be utilized differently. 

What you can do: In your first budget as President, address this unfunded mandate and pledge to work with Congress and OMB to create a path towards fully funding IDEA. If that can’t be accomplished, support changes to IDEA that would allow districts flexibility in reducing their local investment in special education if they can find more efficient ways of serving students with disabilities. Given the underfunding of IDEA discussed above, we ask that you rescind the regulation immediately and urge Congress to take up the reauthorization of IDEA to address significant racial and ethnic disproportionality in special education. 

Support rural school leaders and students

Rural school districts were not well-served by the Obama Administration. The dissemination of hundreds of millions of dollars through competitive programs like Race-To-The-Top and the Investing in Innovation led to few rural districts receiving any assistance during a significant economic downturn. Furthermore, the increased administrative burden documented below, exacerbated by cuts in federal funding proved to be a double hit for rural school districts. While the Rural Education Achievement Program (REAP) was preserved under the Obama Administration they did propose setting aside an unspecified amount of REAP dollars to provide competitive grants to innovative rural districts. The REAP program is a critical formula funding source for rural communities because it levels the playing field for small and high-poverty rural districts. 

What you can do: Support federal policy that flexibly supports the unique needs of rural communities, including REAP, Impact Aid, and Forest Counties, among others. REAP, in particular, helps districts overcome the additional costs associated with their geographic isolation, smaller number of students, higher transportation and employee benefit costs, and increased poverty. Funding REAP helps offset the impact of formula cuts and competitive dollars for small rural districts. Oppose attempts to distribute federal funding through competition, which inherently disadvantages rural districts who lack the resources and personnel to compete for funding. Create an Office of Rural Education Policy within the Department of Education to ensure that rural schools and communities are appropriately supported by the Department and considered in any discussion of new or existing education policies.

Ensure Higher Education regulations don’t burden local school districts 

On October 12, 2016, the Department of Education released final regulations regarding the evaluation of teacher preparation programs. These regulations require principals and school administrators to complete surveys and track and disseminate student outcomes for teachers in their schools who have graduated from a state teacher preparation program within the last three years. Besides adding an unprecedented and unfunded new burden to LEAs in the guise of improving teacher preparation programs regulated by the Higher Education Act this creates an unhealthy incentive to send graduating teachers to schools where students will do the best and may only exacerbate the current teacher shortage prevalent across the U.S. It could also create problems with the privacy and use of student data and new demands for data sharing across K12 and higher education institutions that are not technically realistic in some states.

What you can do: Reverse these regulations, and support a reauthorized Higher Education Act that does not place unnecessary burdens on the K-12 school system.

Avoid unnecessary environmental regulations

The Obama administration has made efforts to regulate school building materials, despite evidence that such regulations would not provide great enough benefit to justify the cost burden. Specifically, a rule will likely be proposed to require school and day care facilities to remove any florescent light ballast containing polychlorinated biphenyls (PCBs), flame retardant chemicals used until they were banned in 1979. Few schools still contain light ballasts with these chemicals, and most of those that do have already scheduled their removal.

What you can do: Do not continue with this or other similar regulations. Please be sure to consult with AASA and other similar groups before imposing regulations that would cause great cost burdens on already struggling school systems. 

Rebuild America’s schools

A strong K-12 public school infrastructure is essential if we hope to be globally competitive. Teachers cannot teach and students cannot be expected to learn in school facilities that are physically unsafe, or that lack functioning bathrooms or appropriate heating and cooling systems. Unfortunately, this is the state of too many of our school buildings across the U.S. According to the 2016 State of Our Schools Report, from FY1994-FY2013, school districts and states spent an average annually of $46 billion on utilities, operations, maintenance, and repair from their operating budgets; an average of $12 billion  per year on interest on long term debt—mostly for school construction bonds; and about $50 billion per year for capital construction from their capital budgets for new construction, facilities alterations, system and component renewals, and reducing the accumulation of deferred maintenance. The National Council on School facilities estimates that the nation's districts need to spend about $77 billion annually to modernize school buildings. 

What you can do: Ensure your infrastructure plan addresses the infrastructure needs of school districts. 

Align the K12 education system with skills demanded in workplaces

Last Congress, the House passed legislation to modernize the Carl D. Perkins Career and Technical Education Act. The Senate was unable to act last fall despite a vote of 405-5 in the House to pass the bill.  The federal government’s most significant K-12 investment is in career and technical education. Yet, in some places there remains a disconnect between the education students receive in high school and their employment options. We must address this gap by passing a comprehensive reauthorization of the Perkins CTE Act that will strengthen the bonds between business/industry and K12 districts and higher education institutions. School leaders must have data that informs them about what major employers are moving in/out of states and how our high schools can help them meet their workforce needs. We also need to invest more in CTE at the federal level. Under the Obama Administration, Perkins CTE funding fell by 13%. 

What you can do: Recommend greater funding for Carl D Perkins CTE to ensure school districts have the equipment, curriculum and appropriate personnel to offer the courses students need. Urge both chambers to work together to pass a bipartisan CTE reauthorization bill that continues the trend of reducing the federal footprint in K12 education policy.

Support and strengthen school lunch and breakfast programs 

The National School Lunch Act was first implemented in 1946 to ensure students had access to at least one healthy meal per day. It was designed as a fully federally funded program. The 2010 Healthy Hunger Free Kids Act ushered in a dramatic change in how school food services are provided. The strict meal standards have posed a financial and practical burden on many districts throughout the country. The new legislation offered a 6¢ per meal increase, though estimates have shown that the new standards increased costs by 35¢ per meal. While AASA would not support a full repeal of these standards, as much great work has been done to improve the provision of healthy meals, we do support tweaking the most problematic standards to provide relief to those districts having the most trouble meeting the new standards.

What you can do: Support legislation that provides common-sense changes to the nutrition standards, so schools can focus on feeding their students.  Support legislation that increases the federal investment in school lunch and breakfast programs. 

Support public education

While it’s clear that your Administration would like to prioritize expanding private school vouchers, in any and all forms, to students we urge you to consider the practical and financial implications of redirecting current federal K12 funding away from the public school system that must serve all students. There are currently 50.4 million students that attend public elementary and secondary schools in the United States. Even if vouchers were adopted widely as you propose, public education would remain our primary system; in states with voucher systems, most students would continue to attend public schools. Moreover, voucher programs are an ineffective and damaging education policy. Study after study has shown that private school vouchers do not improve student achievement or provide greater opportunities for the low-income students they purport to serve. Private voucher schools do not provide the same rights and protections to students as public schools, such as those in Titles VI and IX of the Civil Rights Act, the Individuals with Disabilities Education Act, Title II of the Americans with Disabilities Act, and the Every Student Succeeds Act. Private school voucher programs do not offer real choice as most state-voucher systems allow private schools to reject students with vouchers for a variety of reasons, ranging from disability, disciplinary history, English proficiency to ability to pay. Private school vouchers also do not save taxpayer money. In voucher programs, the public schools from which students leave for private voucher schools are spread throughout a school district. The reduction in students from each public school, therefore, is usually negligible and does not decrease operating costs of those public schools. That is one of the reasons why some voucher programs have resulted in multi-million dollar deficits and tax increases. To the extent that non-public schools would have access to federal dollars, all entities receiving public dollars must face the same transparency, reporting and accountability requirements.

As President it is incumbent that you ensure all students have access to quality public schools and that in a broader conversation of school choice, the focus is on ensuring that the nation’s public schools remain a high-quality and viable option for all families. 

What you can do: Ensure that the U.S. Department of Education promotes effective education policies and programs designed to strengthen and support our nation’s public schools and directs resources to local school districts to improve the education of the 50.4 million students that attend public elementary and secondary schools.

In closing, we look forward to working with you and your administration to provide all our nation’s students with  excellent public education opportunities and welcome the opportunity to meet to discuss these priorities further. 

January 9, 2017

(ESEA, ADVOCACY TOOLS) Permanent link

UPDATED: USED Announces ESSA Guidance and Webinar Series

UPDATED: USED is cancelling Jan 25 webinar and rescheduling for the following week. The adjusted schedule and topics are reflected below.

USED released a series of resources to support States in their transition to the ESSA. The Consolidated State Plan guidance, State and Local Report Cards guidance, and High School Graduation Rate guidance provide additional clarity on the role of States, districts, and schools under the ESSA to ensure that all students receive a high-quality education and that they graduate high school prepared for success in college and career.

The department also announced that it will host a weekly webinar series  (Wednesdays from 2-3:30 EST) beginning on January 11, 2017:

Please note that the schedule is subject to change. The Department will provide a detailed agenda prior to each session. Note that you must register for each webinar.
  • January 11, 2017
    Title I, Part A Assessment Notice of Final Regulations
    Register here.
  • January 18, 2017
    Consolidated State Plan: Consultation, Performance Management, and Assessment Requirements
    Register here.
  • January 25, 2017 NOW FEB 1
    Consolidated State Plan: Supporting Excellent Educators and All Students
    Register here.
  • February 1, 2017 NOW FEB 8
    Consolidated State Plan: Accountability Systems: Long-term Goals and Indicators
    Register here.
  • February 8, 2017 NOW FEB 15
    Consolidated State Plan: Accountability Systems: Annual Meaningful Differentiation and School Identification
    Register here.
  • February 15, 2017 NOW MAR 1
    Consolidated State Plan: School Improvement and Support
    Register here.
  • February 22, 2017
    No webinar
  • March 1, 2017 NOW MARCH 8
    Consolidated State Plan: Program-specific requirements
    Register here.
  • March 8, 2017 NOW MAR 15
    State plan submission
    Register here.
 
 

January 5, 2017

(RESEARCH, PUBLICATIONS AND TOOLKITS) Permanent link

The Advocate, January 2017

by Sasha Pudelski, assistant director, Policy and Advocacy, AASA, The School Superintendents Association

On January 11, 2017, the U.S. Supreme Court will hear a special education case called Endrew v. Douglas County School District. The case focuses on what level of educational “benefit” a school must offer students with disabilities under IDEA.

For the first time in its 150-plus year history, AASA has chosen to author our own amicus brief for the Supreme Court given the high stakes for school districts if the Court rules in favor of the petitioner (Endrew) and not the respondent (Douglas County School District).

Why are we doing this? If the petitioners prevail, even schools that meticulously abide by IDEA’s extensive procedural requirements would have to be prepared to justify that every student’s IEP is reasonably calculated to provide a “meaningful” or “substantial” educational benefit. Not only would this standard be totally impractical and counter-productive, it would also go against Congressional intent since Congress has never even contemplated redefining the standard set by the courts under Rowley of “some educational benefit” despite several recent reauthorizations.

The background on the Endrew case is as follows: Endrew (“Drew”) is a former student in the Douglas County School District who has been diagnosed with autism. The school district provided Drew with special education and related services under a series of IEPs over several years. After a difficult fourth-grade year, Drew’s parents rejected his proposed fifth-grade IEP and enrolled him in a private school that specializes in educating children with autism.

Drew’s parents then sought reimbursement from the district for his private school tuition on the grounds that he had been denied a free appropriate public education (FAPE). An administrative law judge concluded that Drew’s parents were not entitled to reimbursement because the proposed IEP was procedurally sound and reasonably calculated to provide some educational benefit.

A federal district court upheld that determination. On appeal to the U.S. Court of Appeals for the Tenth Circuit, Drew’s parents argued that his IEP had been assessed under the wrong standard. In their view, instead of asking whether the IEP was calculated to provide “some” benefit, the administrative law judge and the district court should have required that it provide a “meaningful” benefit. The Tenth Circuit disagreed. It concluded that it was bound by the Supreme Court’s decision in Board of Education of Hendrick Hudson Central School District v. Rowley, 458 U.S. 176 (1982), which held that an IEP need offer only “some educational benefit.”

The Obama Administration has weighed in on the case in favor of the petitioner (Endrew) as have numerous disability rights organizations and a few education organizations Can you list an example? The Administration posits that if the current standard, “some educational benefit,” were to remain in place then school districts would be free to offer students with disabilities services for only a few months of the year to demonstrate they are making some progress educationally. This is a ridiculous example and one that shows how little the government itself understands about IDEA and its requirements to provide services for students continually (unless they no longer qualify for the service or special education). It also shows how little faith this Administration has in special education professionals and school leaders’ personal desire to ensure students with disabilities achieve academically regardless of a statutory or judicial standard for educational benefit.

Aside from the fact that the Court has no basis for creating a new standard, which we detail in our brief substantially, there is no ‘workable’ standard beyond the current one, which is “some educational benefit.” The Government and the Petitioner would require courts to evaluate the level of education an IEP is designed to provide—either to assess whether it would be substantially equivalent to that afforded other children or to assess whether it would reflect significant progress for that particular child. A court cannot appropriately evaluate the level of education an IEP would provide without judging the quality of educational methods and services: How good are the teachers? How effective are their methods? What difference would smaller class sizes make? Would limited dollars be better spent elsewhere? This kind of second-guessing by courts and the level of scrutiny required in every due process case would lead to outrageous hearing lengths as well as completely subjective decisions by individuals who are not education experts by any stretch.

What does that mean practically speaking? Districts will be in a constant cycle of evaluating and re-evaluating students to ensure they are making “enough” progress, an increased focus on IDEA paperwork and compliance, and greater likelihoods of settlements with parents to avoid even more costly and lengthy litigation. The financial, practical and administrative implications for districts if the Court rules in favor of the petitioner cannot be understated. AASA will attend the hearing on January 11 and will share any relevant insights or summaries on the Leading Edge blog. The Court is expected to rule in late Spring. We will keep you informed of the decision. 

January 5, 2017

(ED FUNDING) Permanent link

115th Congress and Funding: Quick Update

As part of our advocacy effort, AASA belongs to the Children's Budget Coalition. Here are three items of note from the first meeting of 2017:   

  • HOUSE RULES FOR THE 115TH CONGRESS:  
    • HOW IT IMPACTS APPROPRIATIONS: The House Rules for the 115th Congress, which were adopted on Tuesday, contain several provisions that relate to budget and appropriations matters.  Check out this section by section summary of all the Rules and attached are the summaries of the relevant appropriations and budget sections.  
    • HOLMAN RULE OVERVIEW: The new House Rules reinstate the “Holman Rule,” a 19th century House rule that was rescinded in 1983.  Under the rule, amendments to appropriations bills being considered on the House floor can cut the number or salaries of federal employees covered by the bills provided they are paid with Treasury Department funds.  The rule will be reinstated only for the first session of the 115th Congress. The purpose of this provision is to see if the reinstatement of the Holman rule will provide Members with additional tools to reduce spending during consideration. The reinstatement of the rule is part of a “far broader strategy” in Congress to change the nature of the federal workforce, including the way federal workers are hired and fired.  There are conservatives in the House who want to cut the number of government employees and roll back salaries on an agency-by-agency, program-by-program basis.  The rule will allow them to introduce amendments to this end.  Before this rule change, an agency’s budget could be cut broadly, but a specific program, employee or groups of employees could not be targeted because of civil service protections.  Rep. Steny H. Hoyer (D-Md.) stated that he's “deeply concerned” that the rule “would make it easier for the Majority to circumvent the current legislative process to fire or cut the pay of federal employees.”  The rule could allow “far-reaching changes to the nonpartisan civil service on the basis of ideology,” Hoyer said. Read this related article from the Washington Post.
     
  • FY 17 BUDGET RECONCILIATION BILL:  PROCESS, TIMELINE & UPDATE The bills reconciliation instructions direct four relevant committees (Senate Finance & HELP and House Ways & Means and Energy & Commerce) to draft legislation by January 27th which would reduce the deficit by at least $1 billion over ten years.  The instructions do not specify the changes to be made, but they are universally understood to involve repeal of substantial parts of the ACA.  Once both the Senate and House pass the budget resolution, the House Ways & Means and Energy & Commerce will hold markups and produce the actual legislation to repeal the ACA.   They will then submit their legislation to the House Budget Committee to be combined into a single package for consideration by the full House.  Note that the Senate Finance & HELP would normally draft their own legislation, but it’s widely expected that they will consider whatever reconciliation legislation passes the House.  Congress is aiming to have the legislation to the President’s desk by the end of February. The resolution overcame its first procedural hurdle in the Senate yesterday even though lawmakers made clear after a morning meeting with Vice President-elect Mike Pence that any replacement plan is at least months away.  The Senate voted 51-48 yesterday afternoon to proceed to the resolution, S. Con. Res. 3, which would set up a filibuster-proof process, ensuring the chamber’s consideration of legislation repealing parts of Obamacare and replacing it, either as one bill or as separate measures.
  • FY 18 PRESIDENT’S BUDGET:  OUTLINE IN FEBRUARY & FULL BUDGET COMING IN MAY: President-elect Donald Trump plans to submit a fiscal 2018 budget request to Congress but it may not come until later in the spring, lawmakers and staff said Wednesday.  While it is the usual practice of presidents to submit a budget for the fiscal year beginning after their election, there was a lack of certainty about whether Trump would and even some speculation he would skip it. Rep. Tom Cole, R-Okla., said it's likely the president’s budget request would not be submitted to Congress until May, months after the statutory deadline of the first Monday in February.  Separately, a GOP aide said he has heard Trump may submit an outline of the budget in late February.

January 2, 2016

 Permanent link

New Seclusion and Restraint Guidance

In what appears to be a final curtsy to the disability rights community they have been eager to please, last week the Obama Administration released guidance for district leaders on the use of seclusion and restraint in schools. This guidance informs school districts of how the use of restraint and seclusion may result in discrimination against students with disabilities thereby violating Section 504 and Title II of the ADA.

Specifically, ED states a school district discriminates on the basis of disability in its use of restraint or seclusion by (1) unnecessarily treating students with disabilities differently from students without disabilities; (2) implementing policies, practices, procedures, or criteria that have an effect of discriminating against students on the basis of disability or defeating or substantially impairing accomplishment of the objectives of the school district’s program or activity with respect to students with disabilities; or (3) denying the right to a free appropriate public education (FAPE).

Of note, the guidance assumes that a school’s use of restraint or seclusion for a student with a disability could be evidence that the student’s current array of regular or special education and related aids and services is not addressing the student’s needs. Moreover, the guidance states that a school’s use of restraint or seclusion may have a traumatic impact on a student, such that even if she were never again restrained or secluded, she might nevertheless have new academic or behavioral difficulties that, if not addressed promptly, could constitute a denial of FAPE. That traumatizing effect could manifest itself in new behaviors, impaired concentration or attention in class, or increased absences, any of which could, if sufficiently severe and unaddressed, result in a denial of FAPE for that student.

 You can read the guidance and a series of questions and answers on the guidance and seclusion/restraint here.