Individuals with Disabilities Education Act (IDEA) Developing a Federal Platform Presentation to State Board of Education January 2013

Overview of Presentation Purpose and Steps to Develop Platform Reauthorization Process (Congressional forecast) IDEA History and Current IDEA provisions Ohio Alignment and Special Education Laws Ohio Facts and Figures Funding and Fiscal Restrictions Hot Issues for Reauthorization/Next Steps

Purpose of IDEA Platform SBE developed ESEA Platform in 2011 –Develop Platform for each major Act Not what’s in current law, but what Ohio wants in new law –proactive rather than reactive Provides Ohio Congressional delegation with assistance in making decisions –Ohio-specific advocacy Use as a model for discussion (seat at table) –Few comprehensive IDEA platforms

Steps to Develop Platform 1.IDEA Overview 2.Committee Discussions (Like ESEA platform) –Several meetings –IDEA concepts for consideration (green light) Subject areas and discrete topics –Develop Ohio specific rationale 3.Stakeholder input (associations; parent groups; legislators; Governor’s office) 4.Board Review 5.Share with Delegation/National Orgs (Pending Approval)

Timing of Platform SBE will be working on updating operating standards for students with disabilities Restraint and Seclusion With ESEA stalled in Congress, may look to other Acts to reauthorize

Reauthorization Process Federal laws typically “reauthorized” or reviewed every 5 years –Generally broad language –Authorizing language not appropriating of funds (but may provide suggested levels) Regulation process is more detailed –More detailed and prescriptive State implementation and alignment –(revising state code and laws)

Budget and Appropriations Annually (Unlike biennial at state) Federal Fiscal year is October 1 thru Sept 30 No balanced budget requirement Budget Resolution—non binding tax and spending plans 12 Appropriations committees—provided spending limits Usually Continual Resolutions through October 1 Labor, HHS, Education appropriations usually last

EDUCATING CHILDREN WITH DISABILITIES Core Provisions of Federal Law

The Emphasis “Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities” (sec (c)(1))

Core Provisions Free and Appropriate Public Education (FAPE) Child Find Individualized Education Program (IEP) Parents as Partners Least Restrictive Environment (LRE) Procedural Safeguards

DISABILITY CHILD COUNT FIGURES Change from 2000% Change from 2000 INTELLECTUAL DISABILITY 51,47124,446 (27,025)-53% HEARING IMPAIRMENTS 2,4952,191 (304)-12% SPEECH OR LANGUAGE IMPAIRMENT 38,46728,413 (10,054)-26% VISUAL IMPAIRMENT 1, (151)-14% EMOTIONAL DISTURBANCE 15,12516, % ORTHOPEDIC IMPAIRMENTS 2,2671,602 (665)-29% OTHER HEALTH IMPAIRMENTS 6,55431,680 25,126383% SPECIFIC LEARNING DISABILITIES 85,49098,904 13,41416% DEAF-BLINDNESS % MULTIPLE DISABILITIES 13,32013,284 (36)0% AUTISM 2,21716,728 14,511655% TRAUMATIC BRAIN INJURY 4711, % PRE-SCHOOL STUDENT WITH DISABILITY 18,66423,904 5,24028% TOTAL (Sum of all the above) 237,643259,514 21,8719%

History of Federal Special Education Laws 1972 Bureau of Education for the Handicapped 1973 Education for All Handicap Children Act & 1974 FERPA 1986 EAHCA Amended with the addition of Handicapped Children’s Protection Act 1990 ADA IDEA (EAHCA Amended) 1997 IDEA Reauthorized 2001 NCLB 2004 IDEA Reauthorized

Key Issues of IDEA 2004 Increase the federal share of special education cost Continued procedural safeguards Some alignment with NCLB Focus on student outcomes College and career ready Ease the paperwork burden

Operating Standards for Ohio Educational Agencies Serving Children With Disabilities Implement the provisions of IDEA Closely aligned to IDEA Currently in revision process

IDEA Funding and Fiscal Restrictions % Issue Ohio Costs Maintenance of Effort (MOE) SNS

Supplement, Not Supplant IDEA funds are intended to supplement state and local funds, not supplant; Supplanting: LEA cost are paid for with IDEA funds this year; last year those cost were you paid for with general funds; Supplementing: LEA use IDEA to pay for new cost not incurred in the previous year

Maintenance of Effort MOE – In order for LEAs to be eligible for IDEA funds on an annual basis, they must expend, in state and local funds, at least the same amount expended in the preceding fiscal year. The Office for Exceptional Children is responsible for monitoring MOE Failure to meet MOE results in a reduced allocation for the LEA in the next fiscal year.

State Level Maintenance of Effort MOE – In order for SEAs to be eligible for IDEA funds on an annual basis, they must expend, in state funds, at least the same amount expended in the preceding fiscal year The Office for Exceptional Children is responsible for monitoring and assuring OSEP that the SEA meets this requirement Failure to meet MOE will result in a reduced state allocation in the next fiscal year.

Use IDEA Part-B Funds for Coordinated Early Intervening Services LEA may use up to 15% of their IDEA Part-B allocation to develop and implement coordinated early intervening services for students who have NOT yet been identified as needing special education and related services BUT who do need additional academic and behavioral support to succeed (at risk learners) K-12 eligible (emphasis on K-3)

Financial Flexibility (Replacement of Local Funds Provision) IDEA provides that if a district receives an increased allocation from one year to the next; the LEA may choose to use up to 50% of the amount of the increase to replace local cost The replacement funds must be used for activities allowable under ESEA

Key Issues in Next Reauthorization Closer Alignment between IDEA and ESEA –Accountability: Testing Graduation rate Calculation –Discipline –Multi-tiered Systems of Support (RtI) –Compliance with fund MOE, SNS) –Flexibility in use of funds Reduce the emphasis on IDEA process compliance requirements Increase emphasis on results for students with disabilities.

Next Steps February Committee –Concepts by Subject and Discrete Topic –Color Coded by Consensus/View –Alignment of USDOE/Organizations (If possible) Additional Committees Full Board

QUESTIONS?