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

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IT’S AN ELECTION YEAR!

And Just In Case You Haven’t Noticed

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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

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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?????