Whats Coming Down the Pike A Policy Funding

What’s Coming Down the Pike: A Policy, Funding, and Futures Discussion Deborah A. Ziegler – Council for Exceptional Children Nancy Reder - National Association of State Directors of Special Education Sharon Walsh - IDEA Infant and Toddler Coordinators Association Jane West - Jane West Consulting Lindsay Jones - National Center for Learning Disabilities 2017 LEADERSHIP CONFERENCE 1

A New President and Congress: Implications for Federal Education Policy! Deborah A. Ziegler, Director Policy and Advocacy, Council for Exceptional Children 2017 LEADERSHIP CONFERENCE 2

Agenda • Who’s In! • Federal Budget • What’s OVERDUE? • • • ESSA Implementation IDEA Education Sciences Reform Act Higher Education Act Perkins Act • Special Education Legislative Summit 3 2017 LEADERSHIP CONFERENCE

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Who’s In! Donald J. Trump President of the United States 6 2017 LEADERSHIP CONFERENCE

Who’s In! Betsy De. Vos Secretary, U. S. Department t of Education 7 2017 LEADERSHIP CONFERENCE

Who’s In! U. S. Senate 52 Republicans 46 Democrats 2 Independents U. S. House of Representatives *237 Republicans *193 Democrats *As of 03/01/2017 from pressgallery. house. gov 8 2017 LEADERSHIP CONFERENCE

Who’s In! Senate 9 House Sen. Mitch Mc. Connell Rep. Paul Ryan Majority Leader, Republican Speaker of the House Sen. Chuck Schumer, Rep. Nancy Pelosi Minority Leader, Democrat 2017 LEADERSHIP CONFERENCE

Who’s In! Rep. Virginia Foxx, Sen. Lamar Alexander Chair, Republican Chairman, Republican Sen. Patty Murray Ranking Member, Democrat 10 Rep. Bobby Scott Ranking Member, Democrat 2017 LEADERSHIP CONFERENCE

Who’s Not Yet In? Key Presidential Appointments: Approximately 550 positions in the Trump Administration to be confirmed by Senate To date, less than 10% appointed and confirmed by Senate Approximately 4, 000 positions can be filled by presidential appointment 11 2017 LEADERSHIP CONFERENCE

Who’s In/Soon To Be Out? 12 2017 LEADERSHIP CONFERENCE

Federal Budget Education Matters Investing in America’s Future 13 2017 LEADERSHIP CONFERENCE

Federal Budget 14 2017 LEADERSHIP CONFERENCE

Federal Budget Battles • • • 15 Since January 2011, Republicans and Democrats have had multiple battles over the budget and deficit Republicans are opposed to revenue increases Liberal Democrats are opposed to entitlement cuts Education and other nondefense programs have borne the brunt of the cuts Outlook not good for breaking the stalemate 2017 LEADERSHIP CONFERENCE

Federal Budget The Federal Budget and Education 16 2017 LEADERSHIP CONFERENCE

Federal Budget Fiscal Year 2016 Outlays 17 2017 LEADERSHIP CONFERENCE

Federal Budget FY 2016, 2017 and 2018 Appropriations Programs IDEA State grants 18 FY 2016 Enacted FY 2017 Enacted FY 2018 President’s Budget $11, 912. 8 billion $11, 890. 2 billion IDEA Preschool grants $368. 2 million IDEA Grants for infants and families FY 2018 President’s Budget Status $11, 890. 2 billion Level Funded $367. 5 million Level Funded $458. 6 million $457. 7 million Level Funded IDEA State personnel development $41. 6 million Level Funded IDEA Technical assistance and dissemination $44. 3 million Level Funded IDEA Personnel preparation $83. 7 million $83. 5 million Level Funded IDEA Parent information centers $27. 4 million Level Funded IDEA Technology and media services $30. 0 million Level Funded Research in special education $54. 0 million $53. 9 million Level Funded Special education studies and evaluations $10. 8 million Level Funded Javits Gifted and Talented $12. 0 million Eliminated 2017 LEADERSHIP CONFERENCE

Federal Budget Federal Share of IDEA Funding 19 2017 LEADERSHIP CONFERENCE

Federal Budget FY 2018 Budget • • President Trump released his budget on May 23, 2017 – $68. 2 B 2018 – $59. 0 B Slashes $9 billion – 13% of DOE’s funding Invests $1. 4 billion of new money in school choice, including private school vouchers, ramping up to an annual total of $20 billion • • • – – – $250 million to private schools – $168 million to charter schools – $1 billion increase for Title I – Portability Provision • Maintains $13 billion – IDEA Eliminates $2. 4 billion – Supporting Effective Instruction State Grants Eliminates $1. 2 billion – 21 st Century Community Learning Centers Eliminates or reduces over 20 categorical programs • Jacob K. Javits Gifted and Talented Striving Readers Teacher Quality Partnerships Impact Aid Support Payments for Federal Property International Education Programs Other reductions and eliminations STARVE THE PUBLIC SCHOOL SYSTEM AND PRIVATIZE EDUCATION DRACONIAN PROPOSAL – SHORT ON DETAILS! 20 2017 LEADERSHIP CONFERENCE

IDEA Full Funding Act Introduced • Representative Jared Huffman (D-CA) introduced the IDEA Full Funding Act – June 16, 2017. • Senators Jon Tester (D-MT) and Chris Van Hollen (D-MD) will introduce a companion bill in the near future. • Provides mandatory funding that puts federal government on a 7 -year glide path to reach the 40% of the additional costs associated with educating students with disabilities. • Currently, the federal government funding is at 15% of those additional costs. • Supports Party B 611 increases only – Part C, Preschools 619 and Part C are not included in the bill. 21 2017 LEADERSHIP CONFERENCE

FFY 2018 Funding • Final Funding levels must be passed by both Houses and signed by September 30, 2017 • If no agreement is reached, a Continuing Resolution (CR) is needed to keep the government in operation. • There are very few days left in this session of Congress • Very likely a CR will be needed for October 1, 2017. • These funds will be allocated to states under IDEA in July 2018. 22 2017 LEADERSHIP CONFERENCE

CEC’s Position on School Vouchers Trump Administration Proposal – CHOICE – FOR SOME! 23 • CEC opposes private school vouchers: • Contrary to best interests of children and youth and their families, the public school system, local communities and taxpayers • Contradict and undermine central purposes of civil rights laws (IDEA) • CEC opposes private school vouchers for these specific reasons: • Absence of necessary accountability • No guarantee of FAPE • Families opt out of procedural protections • Segregation within the private school • No guarantee of equal access • Promotes re-segregation rather then diversity • Use of public education funds for private schools 2017 LEADERSHIP CONFERENCE

What’s OVERDUE? • • • 24 ESSA Implementation IDEA Education Sciences Reform Act Higher Education Act Perkins Act 2017 LEADERSHIP CONFERENCE

What’s OVERDUE? IDEA… 2017 -2018? ? ? 25 2017 LEADERSHIP CONFERENCE

Special Education Legislative Summit 26 2017 LEADERSHIP CONFERENCE

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OSEP Leadership Conference 2017 Washington Update Nancy Reder Deputy Executive Director NASDSE 2017 LEADERSHIP CONFERENCE 28

Repeal of the Affordable Care Act • In the House: • Repeal/replace means cutting Medicaid by $880 B • Biggest concern is per capita caps and/or block grants – Fed pays approximately 63% historically • Repeals mandatory Medicaid coverage for children ages 6 -19 over 100% of the federal poverty level – 5 million could lose coverage • Impact on special education is ‘ginormous’ 2017 LEADERSHIP CONFERENCE

The Affordable Care Act Repeal/Replace - House • Passed in June • Repeals/replaces ACA and cuts Medicaid by $880 Billion • Biggest concern is per capita caps and/or block grants – historically, Fed pays approximately 63% • Repeals mandatory Medicaid coverage for children ages 6 -19 over 100% of the federal poverty level – 5 million could lose coverage • Impact on special education and early intervention is ‘ginormous’ 2017 LEADERSHIP CONFERENCE

The Affordable Care Act Repeal/Replace -Senate • Bill #1 – done secretly – DOA and Bill #2 – nope • Senate delayed vote until after July 4 th recess. • Bill #3 – maintains tax increase on wealthy and maintains Medicaid cuts and caps • Senate to stay in two extra weeks in August • CBO score on Monday & vote expected Thursday • All Democrats oppose and are definite NOs • 2 Republicans (Collins and Paul) are Nos • Need one more NO or bill will pass 2017 LEADERSHIP CONFERENCE

More on Repeal/Replace/Eliminate – All of These and More • Status: • Not enough votes in the Senate to vote in favor of replacement • Late breaking news: not enough votes in the Senate to pass a repeal 32 2017 LEADERSHIP CONFERENCE

School Choice • When we talk about school choice, what are we talking about? 33 2017 LEADERSHIP CONFERENCE

Public School Choice • Flexible school boundaries • Magnet schools • Public charter schools (virtually all charter schools are public) • The type of charter school affects its responsibilities • Flexible programs (e. g. , programs only offered at certain schools) 34 2017 LEADERSHIP CONFERENCE

Non-Public School Choice, aka Private School Vouchers • Tuition tax credits exist in 17 states • Process diverts taxes owed to a state to charitable donations that are bundled and given to parents • Giving voucher outright to parents for child to attend private school (e. g. , proposed Title I portability) • Educational savings accounts • DC voucher program currently only federal voucher program • New proposals in the President’s budget proposal 35 2017 LEADERSHIP CONFERENCE

Supreme Court Cases • The Court heard two special education cases this term: • Fry v. Napoleon Community Schools • Endrew F. v. Douglas County School District 36 2017 LEADERSHIP CONFERENCE

Early Childhood Update Sharon Walsh IDEA Infant Toddler Coordinators Association (ITCA) and Division for Early Childhood of the Council for Exceptional Children (DEC) 2017 LEADERSHIP CONFERENCE 37

Topics • Results of First Five Years Fund 2017 Public Survey • Federal Funding • Congressional Action on Early Learning Legislation • Federal Policy Updates on IDEA, Head Start, Child Care and ESSA 38 2017 LEADERSHIP CONFERENCE

The First Five Years Fund National Poll for 2017 • 79% of voters (bipartisan) want Congress and the administration to work together to improve the quality of child care and preschool, and make it more affordable for parents. • 58% of voters say that Congress and the president are not giving early childhood education the attention it deserves. • 85% of voters say there should be increased funding for child care that directly supports greater access to quality programs for low- and middle-income children while their parents work or attend school. 39 2017 LEADERSHIP CONFERENCE

There is strong support for essential investments in quality early childhood education from birth through age five. 40 2017 LEADERSHIP CONFERENCE

Appropriations for Early Learning IDEA 619 Preschool IDEA Part C FFY 2017 Final FFY 2018 President’s Proposal $367. 5 million $457. 7 million Preschool Development $249. 5 million Grants -041 2017 LEADERSHIP CONFERENCE

Appropriations for Early Learning FFY 2017 Final FFY 2018 President’s Proposal Child Care Development Block Grant $2. 756 Billion $2. 761 Billion Head Start & EHS $9. 151 Billion $9. 168 Billion $1. 192 Billion -0 - 21 st Century Learning Centers 42 2017 LEADERSHIP CONFERENCE

Home Visiting • MIECHV was initially authorized in the ACA • Extension funding for MIECHV was enacted 2015 • Designed to improve the health of at-risk children through evidence-based home visiting programs • Will expire September 30, 2017 • H. R. 2824, the Increasing Opportunity through Evidence-Based Home Visiting Act, introduced with a five-year extension at the current annual allocation of $400 million. • Bill also includes modifications to the MIECHV program. 43 2017 LEADERSHIP CONFERENCE

Home Visiting Coalition “Ask” • 5 -Year Reauthorization to provide states with stability to expand ground home visiting programs • Double annual funding of MIECHV incrementally over 5 -years from $400 million to $800 million annually • Must be accomplished by September 30 th • Home Visiting Coalition http: //homevisitingcoalition. com 44 2017 LEADERSHIP CONFERENCE

Reauthorization of Early Hearing Detection and Intervention Act (EHDI) § Almost completed by last Congress. § Originally enacted in 1999 to provide federal funds for state grants to develop infant hearing screening and intervention programs. § S. 652 and H. R. 1539 introduced in March 2017 to reauthorize for five years. § Leading sponsors of the bill are Senators Rob Portman (R-OH) and Tim Kaine (D-VA), and Representatives Brett Guthrie (RKY) and Doris Matsui (D-CA). 45 2017 LEADERSHIP CONFERENCE

New OSEP Preschool LRE Guidance • OSEP released an updated Dear Colleague Letter (DCL) related to Preschool Least Restrictive Environments (LRE). • Issued in January 2017 • The policy guidance covers: • Key statutory and regulatory requirements, • Preschool placement options, • Reporting educational environments data for preschool children with disabilities, and • Use of Individuals with Disabilities Education Act (IDEA) Part B funds for preschool children with disabilities. 46 2017 LEADERSHIP CONFERENCE

ESSA State and LEA Plans State Plans describe how SEA will provide: • Assistance to LEAs and schools using Title I funds to support early childhood education • Information on family engagement and child development to early childhood and K-12 teachers and principals. State report cards include number and percentage of children enrolled in preschool programs. 47 2017 LEADERSHIP CONFERENCE

ESSA State and LEA Plans LEAs describe if and how the LEA will use Title I funds to provide early childhood education. Must describe how they will support, coordinate, and integrate services with early childhood education programs, including transition to kindergarten. 48 2017 LEADERSHIP CONFERENCE

ESSA Title IX Preschool Development Grants • Initial grants to States • 1 year • Renewal grants to States • Up to three years with state match of 30% • Renewal grants used to: • Provide preference to rural areas • Implement activities in areas in need of improvement • Expand access to existing programs • Develop new programs to address needs of un-served children and families • Supplement, not supplant, public funds 49 2017 LEADERSHIP CONFERENCE

ESSA and Early Childhood • Early Learning in the ESSA Act U. S. Department of Education, Office of Early Learning, 2016 • What Early Learning in ESSA Can Look Like for States and Districts First Five Fund 2017 • Unlocking ESSA's Potential to Support EL • CEELO ESSA Center on Enhancing Early Learning Outcomes (CEELO) webpage on ESSA implementation 50 2017 LEADERSHIP CONFERENCE

Head Start Performance Standards • Ensure full participation in program services and activities for children with IFSPs and IEPs § 1302. 60 • Provide additional services for children § 1302. 61 • Additional services for children with disabilities. • Services during IDEA eligibility determination. • http: //eclkc. ohs. acf. hhs. gov/policy • Published September 6, 2016 • https: //www. federalregister. gov/documents/2016/09/06/201619748/head-start-performance-standards 51 2017 LEADERSHIP CONFERENCE

Head Start Responsibilities • Provide supports for children with significant delays who are not eligible for IDEA (1302 Subpart C) • Recognizing the parents’ role in the IFSP or IEP process, and preparing parents to advocate for their children (1302 Subpart C) • Provide transition services to support children with disabilities and their families as they prepare to leave the program. (1302 Subpart G) • Coordination and collaboration with local agencies responsible for implementing IDEA, Part B (preschool) and Part C (infant and toddler) services to ensure appropriate referral, evaluation, service delivery and transition. (1302 Subpart J) 52 2017 LEADERSHIP CONFERENCE

CCDBG Regulations – September 30, 2016 The CCDBG Act of 2014 requires that States: • Develop strategies for increasing the supply and quality of child care services for children with disabilities; • Provide information about the availability of child care services that promote informed child care choices and related to programs carried out under IDEA 619 and Part C; • Provide information on developmental screenings including IDEA 619 and Part C; and • Provide training and professional development appropriate for children, including children with disabilities. • http: //www. acf. hhs. gov/occ/ccdf-reauthorization 53 2017 LEADERSHIP CONFERENCE

Federal Prospects: What ’s Going to Happen Next In Early Learning? 2017 LEADERSHIP CONFERENCE

Teacher Quality Matters Jane West Higher Education Consortium for Special Education Teacher Education Division of CEC @janewestdc 2017 LEADERSHIP CONFERENCE 55

Appropriations Concerns • Eliminates Title II ESSA $2. 3 B • Eliminates Teacher Quality Partnership Grants – Higher Education Act $43 M • Eliminates Public Service Loan Forgiveness (often used by teachers) • Flat Funding Personnel Prep IDEA 56 2017 LEADERSHIP CONFERENCE

Reauthorization of the Higher Education Act? • Teacher Prep Regs gone • Title II HEA • • Data collection Teacher Quality Partnership program State report cards State list of low performers • Student Financial Aid • TEACH Grants • Loan Forgiveness 57 2017 LEADERSHIP CONFERENCE

ESSA State Plans • Titles I and II ESSA: • • • Reform certification and prep program standards Equitable access to effective and experienced teachers Define “effective” and “experienced” teacher Recruit teachers from other fields Create Teacher and Principal Academies • • • 58 Hold job while in alternate route Authorized by state like charter schools No requirements for faculty credentials, # courses etc. Must offer state financial aid May consider “graduates” as having an MA 2017 LEADERSHIP CONFERENCE

What Keeps Me Up at Night! • No more highly qualified • ESSA defers to states/locals • Pressure of shortages • Low enrollment in teacher prep programs • Expanded appetite for alternative routes • Apprenticeships? • Expanded choice: no requirements for teacher quality? 59 2017 LEADERSHIP CONFERENCE

What can you do? • Tell your story • Use social media • Develop relationships with your Congressional delegation • Be at the table as your state develops and implements ESSA plans • Find awesome allies and third party endorsers 60 2017 LEADERSHIP CONFERENCE

And Remember If you’re not at the table…… You’re probably on the menu! 61 2017 LEADERSHIP CONFERENCE

OSEP Project Directors’ Conference July 2017 Lindsay E. Jones, Esq. ljones@ncld. org @LD_Advocate 62 2017 LEADERSHIP CONFERENCE

Vouchers: Parent Perspective For students with disabilities, major concerns include: 1. Parents must waive IDEA rights before accepting a voucher 2. Vouchers often don’t cover full cost of tuition – shifts burden to parents 2017 LEADERSHIP CONFERENCE

ESSA Update • Now: States developing ESSA plans, which include: • Assessment & accountability systems (Title I) • Supporting Effective Instruction (Title II) • Well-Rounded Education (Title IV) • April/September 2017: States submit ESSA plans • 2017 -2018: Transition year for many States • 2018 -2019: Full Implementation In Flux… The Department issued a new template in March that tells states what's "absolutely necessary" for them to consider in developing those plans and removes the parent input requirement. April/Sept. deadlines remain intact. 2017 LEADERSHIP CONFERENCE

ESSA Advocacy Toolkit Easy to Use Parent Guide to Impact ESSA Implementation in States & School Districts 65 2017 LEADERSHIP CONFERENCE

ESSA Advocacy Toolkit (cont. ) Toolkit Topics: • How ESSA Works • Why Accountability Matters • Indicators That Measure School and Student Achievement • Importance of State and local Report Cards & School Ratings • Interventions that Support Struggling Schools • Accommodations for High School Tests 66 2017 LEADERSHIP CONFERENCE

Personalized Learning & Students with Disabilities Part I: State Recommendations & Part II: Self-Advocacy & Self. Case Studies Determination How do we ensure students have skills in the areas of: • self-awareness • decision-making • goal-setting • agency • communication? 2017 LEADERSHIP CONFERENCE

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State of Learning Disabilities: Goals Raise Awareness & Dispel Stigma Prevent the Downward Spiral 2017 LEADERSHIP CONFERENCE

State Snapshots 2017 LEADERSHIP CONFERENCE