2012 MCEC Legislative Update
Presented by Michigan CEC
And
Greg LaMore
Assistant Superintendent for Special Needs at OAISD and MCEC Legislative Liaison
Agenda
- What’s going on in DC?- ESEA (NCLB)- IDEA and - Restraint and seclusion
- What’s going on in Michigan?- Cyber schools- 22-26
- Communicating with your congressional representatives through the Legislative Action Center
- Finding the information you need / useful websites
The Council for Exceptional Children
National CEChttp://www.cec.sped.org
Michigan CEChttp://www.michigancec.org
4
IT’S AN ELECTION YEAR!
And Just In Case You Haven’t Noticed
6
Campaign Season has begun!
FY 2012 Proposed Budget
Federal Budget
In January the President and Congress agreed to continue the current budget until September 2012
The 1.5% cut to IDEA was restoredIf the President and Congress don’t agree on
a new budget, the original budget and cuts go into effect January 1, 2013.
Those cuts could be 8-9% across the board including IDEA. (1.5%=$600,000)
The President’s Proposed Budget
Program FY 2012 President’s Request FY 2013
Difference
IDEA Part B $11,577.9 $11,577.9 Level
Part B Section 619 Preschool
$372.6 $372.6 Level
IDEA Part C Infants/Toddlers
$442.7 $462.7 Increase $20 million
The President’s Proposed Budget
Program FY 2012 President’s Request FY 2013
Difference
Personnel Development
$43.9 $45 Increase $1.1 m
Technical Assistance
$46.8 $46.8 Level
Personnel Preparation
$88.3 $85.8 Decrease $2.5 m
Parent Information Centers
$28.9 $28.9 Level
Tech/Media Services
$29.6 $29.6 Level
SE Research $49.9 $49.9 Level
How big is the education budget?
Questions
What do you believe is the role of the federal government in education?
Does your belief change depending on the law/regulation? (IDEA vs ESEA)
Is IDEA a funding Act or a Civil Rights Act?Is ESEA a funding Act or a Civil Rights Act?Should the federal government have a role in
funding education programs or is that a state’s responsibility?
What Impacts Education Legislation?
Ruling Party?
Hot Political Issues(i.e. Budget, economy, healthcare)
Revisiting the Base: (i.e. influence of Tea Party philosophy)
Political Climate (Preparation for 2012 elections)
Education Legislation
ESEA (NCLB) Reauthorization
The House side has it’s version and the Senate side a different version.
And both parties have their own views
What is clear… everyone agrees change is needed and that AYP must go.
Can the parties, the President and congress agree on a bill?
Bi-Partisan Senate Initiatives
Major Changes Include:Different Accountability SystemCollege and Career StandardsGrowth OptionThree Levels of Performance: basic, on-track, advancedFocus on 15% of schools with lowest achieving schoolsReporting of subgroup performance
Different Assessment System2015-2016 States to adopt/implement new statewide
assessments that are aligned to college and career standards, measure growth and MAY include multiple assessments.
US House Education and Workforce Committee
Introduced two bills (Still draft):
Student Success Act
Encouraging Innovation and Effective Teachers Act
And why are these bills important to you/me?
What would the House (Draft)Bills do?
Eliminate AYP
What would the House (Draft)Bills do?
Eliminate 1% provision on assessments
What would the House (Draft)Bills do?
Eliminate Highly Qualified (HQ)
Provisions
What would the House (Draft)Bills do?
Eliminates Maintenance of Effort (MOE)
What’s that???
What would the House (Draft)Bills do?
Increase Charter Schools
What would the House (Draft)Bills do?
Increase likelihood of vouchers
What would the House (Draft)Bills do?
Provide funding flexibility with Title 1
dollars
MOVE MOST OF THE ABOVE
ACCOUNTABILITY PROVISIONS TO
STATES
And Finally, What would the House (Draft)Bills do?
ESEA Waivers
A State may request flexibility through waivers of certain provisions of ESEA including:2013-2014 Timeline for Achieving AYPDistrict and School Improvement Accountability
RequirementsUse of Federal Funds
To receive a waiver a state must:Adopt College and Career Ready Assessments and
StandardsDevelop new accountability systemsSet basic guidelines for teacher and principal evaluation
systems
What About IDEA Reauthorization?
Not a chance until ESEA is reauthorized!
Restraint and Seclusion
S 2020 “Keeping All Students Safe Act” (Sen. Harkins)
Updated version of previous draftsProhibits seclusionRequires all personnel witnessing event to
participate in debriefingNot following all requirements means denial
of FAPE?Chances of bill passing-slim.
Michigan
So what’s going on closer to home?
Michigan (MDE) Updates
The Office of Special Education and Early Intervention Services (OSE-EIS)
Is now known as:
Office of Special Education
News/Updates
OSE Released UpdatedAdministrative Rules for Special Education
(October 2011)Significant points:Changes most timelines to be in
“School Days” and eliminates “Calendar Days”Clarifies timelines for completing a
reevaluation. Same as initial, 30 school daysNotice of FAPE, within 7 school days of
completed IEP
Rules update (continued)
The district must document proof that it delivered timely notice to the parent
Creates a new rule related to Teacher Consultant, allowing a TC position that does not carry a caseload
For students transferring from out of state: The revisions require that districts provide eligible
transfer students with a FAPE immediately and decide within 30 school days of the student's enrollment whether to implement that IEP
And treat the IEP as an initial evaluation/IEP
Other MDE-OSE Updates
Working on Guidance Documents New Rules Early On Proportionate Share Funding issues
Preparing Next Rule Release
Michigan-Lansing Politics
So what is it they say about Lansing?
“It’s 100 square miles surrounded by reality!”
Cyber Schools
What are we concerned about?
What is the cost of operating a Cyber School compared to a traditional school?
How much profit is fair?
Cyber Schools
What are we concerned about?
Question for the audience-
Who is responsible for provision of services to students with disabilities?
Cyber Schools
The Issues:
A cyber school is a PSA/charter schoolMI School Code, MCL 380.1701 – “the public
school academy is considered to be a local school district under this article”
MI School Code, MCL 380.1751 – “a local school district shall provide special education programs and services”
Cyber Schools
The conflict in code/rules:
The State Aid Act, at MCL 388.1651a(15) – “the provision of special education programs and services and the payment of the added costs of special education programs and services for the pupil are the responsibility of the district and intermediate district in which the pupil resides”
**Confusion with SOC 105c language.
Cyber Schools
So, the question is:
If a student resides in Marquette but is enrolled in a Cyber School in Lansing, who is responsible for the provision of special education services? Will Marquette taxpayers agree to fund (Act 18 $) a service for a student enrolled in another county?
Conversely, can the Cyber School, located in Ingham ISD access local Act 18 funds for the services benefiting a student who does not reside in the county or whose parents do not pay those taxes in the county?
Programs and services for students aged 22-26
Issue: A draft bill was created, but not introduced,
by Rep. Agema (R-Grandville)The original idea was to cut expenses for
programs not required by federal lawKent and Ottawa ISD’s had meetings with the
Representative to provide input.He tabled the draft pending further input
(Including from MAASE).
Programs and services for students aged 22-26
Issue (cont.): MAASE developed a “Concept Paper”
outlining an alternative to elimination, focusing more on improved transition coordination with other agencies.
Most of the provisions recommended by MAASE likely would be included should any new draft be developed.
“It’s an election year”
Becoming Politically Active
Most legislators really do care about what you think
They want to know what the impact of their work is or would be back home
Most are really nice people who want to do what’s right
Communicating with them is easier than you think!
PROVIDE COMMENT ON: • WHAT YOU LIKE/SUPPORT,• WHAT YOU WOULD LIKE TO SEE CHANGED,• IF A SECTION IS UNCLEAR, SAY SO.• GIVE MODEL LANGUAGE/SUGGESTIONS IF
POSSIBLE
REMEMBER, EVERY COMMENT COUNTS! IF YOU SUBMIT COMMENTS AS A GROUP, THEY COUNT AS ONE.COMMENT INDIVIDUALLY AS WELL.
When you have opportunities for Public
Comment
Policy Tools
47
Policy and Advocacy
Visit the CEC Legislative Action Center http://www.cec.sped.org
- Go to the Policy and Advocacy tab
- Left side column click on the Legislative Action Center
Other Resources for Information
Michigan Department of Education/Office of Special Education (MDE/OSE)
http://www.michigan.gov/mde
Michigan CEChttp://www.michigancec.org
Michigan Association of Administrators of Special Education (MAASE)
http://www.maase.org/
Questions?????