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

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

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

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Who’s In! Donald J. Trump President of the United States

Who’s In! Betsy DeVos Secretary, U.S. Department t of Education

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

Who’s In! Senate House Sen. Mitch McConnell Rep. Paul Ryan Majority Leader, Republican Rep. Paul Ryan Speaker of the House Rep. Nancy Pelosi Minority Leader, Democrat Sen. Chuck Schumer, Minority Leader, Democrat

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

Key Presidential Appointments: 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

Who’s In/Soon To Be Out?

Investing in America’s Future Federal Budget Education Matters Investing in America’s Future

Federal Budget

Federal Budget Budget Battles 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

The Federal Budget and Education

Federal Budget Fiscal Year 2016 Outlays

Federal Budget FY 2016, 2017 and 2018 Appropriations Programs FY 2016 Enacted FY 2017 Enacted FY 2018 President’s Budget FY 2018 President’s Budget Status IDEA State grants $11,912.8 billion $11,890.2 billion Level Funded IDEA Preschool grants $368.2 million $367.5 million IDEA Grants for infants and families $458.6 million $457.7 million IDEA State personnel development $41.6 million IDEA Technical assistance and dissemination $44.3 million IDEA Personnel preparation $83.7 million $83.5 million IDEA Parent information centers $27.4 million IDEA Technology and media services $30.0 million Research in special education $54.0 million $53.9 million Special education studies and evaluations $10.8 million Javits Gifted and Talented $12.0 million Eliminated

Federal Budget Federal Share of IDEA Funding

DRACONIAN PROPOSAL – SHORT ON DETAILS! Federal Budget FY 2018 Budget President Trump released his budget on May 23, 2017 Eliminates $2.4 billion – Supporting Effective Instruction State Grants 2017 – $68.2 B 2018 – $59.0 B Slashes $9 billion – 13% of DOE’s funding Eliminates $1.2 billion – 21st Century Community Learning Centers Invests $1.4 billion of new money in school choice, including private school vouchers, ramping up to an annual total of $20 billion Eliminates or reduces over 20 categorical programs Jacob K. Javits Gifted and Talented $250 million to private schools Striving Readers $168 million to charter schools Teacher Quality Partnerships $1 billion increase for Title I – Portability Provision Impact Aid Support Payments for Federal Property Maintains $13 billion – IDEA International Education Programs Other reductions and eliminations STARVE THE PUBLIC SCHOOL SYSTEM AND PRIVATIZE EDUCATION DRACONIAN PROPOSAL – SHORT ON DETAILS!

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.

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.

CEC’s Position on School Vouchers 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 Trump Administration Proposal – CHOICE – FOR SOME!

What’s OVERDUE? ESSA Implementation IDEA Education Sciences Reform Act Higher Education Act Perkins Act

What’s OVERDUE? IDEA…2017-2018???

Special Education Legislative Summit

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

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

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

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.

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

Appropriations for Early Learning   FFY 2017 Final FFY 2018 President’s Proposal IDEA 619 Preschool $367.5 million IDEA Part C $457.7 million Preschool Development Grants $249.5 million -0-

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 21st Century Learning Centers $1.192 Billion -0-

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.

Home Visiting Coalition “Ask” 5-Year Reauthorization to provide states with stability to expand and 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 30th Home Visiting Coalition http://homevisitingcoalition.com

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 (R- KY) and Doris Matsui (D-CA).

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.

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.

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.

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

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

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/2016/09/06/2016- 19748/head-start-performance-standards

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)

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

Federal Prospects: What ’s Going to Happen Next In Early Learning? Slide 18 Federal Prospects: What ’s Going to Happen Next In Early Learning?

Teacher Quality Matters Jane West Higher Education Consortium for Special Education Teacher Education Division of CEC @janewestdc

Appropriations Concerns Eliminates Title II ESSA $2.3B Eliminates Teacher Quality Partnership Grants – Higher Education Act $43M Eliminates Public Service Loan Forgiveness (often used by teachers) Flat Funding Personnel Prep IDEA

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

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 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

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?

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

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

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

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

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 Lindsay: Note: ESSA plans that include Title I, II, III, IV are consolidated plans. We believe that most states will submit a consolidated plan however some may only select to submit a plan with some of the Titles. Mention: CRA and its possible impact 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.

ESSA Advocacy Toolkit Easy to Use Parent Guide to Impact ESSA Implementation in States & School Districts

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

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

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

State Snapshots