Federal Legislative Update

2010 PSBA School Leadership ConferenceOctober 13, 2010Hershey, Pennsylvania

Reginald M. FeltonDirector, Federal Relations

National School Boards Association

Discussion Agenda

• Federal Funding• Elementary and Secondary Education Act

(ESEA)• Early Childhood Education• Child Nutrition• Education Technology• Other Issues• NSBA Resources

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FEDERAL FUNDING FOR K-12 PROGRAMS

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Fiscal Survey of the States• Among the worst fiscal periods since the

Great Depression.• 34 states cut K-12 funding for FY2010.• 31 states planning additional K-12 cuts

for FY2011.• Decline expected to continue through

FY2010 - 2013.• Revenue needed for critical public

services will be chief concern for a number of years.

Source: National Association of State Budget Officers & National Governors Association

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Race to the Top

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• $4.35 billion – Competitive Grants to State.• At least ½ funds for “participating” districts.• Additional funds for “involved” districts.• More directions to implement the four principles.• Phase I award (DE- $100 million and TN - $500

million).• Phase II - District of Columbia, Florida, Georgia,

Hawaii, Maryland, Massachusetts, New York, North Carolina, Ohio, and Rhode Island.

Race to the Top - FY2011 Funding• President’s Budget Request = another $1.35 billion

• House Appropriations Subcommittee = $800 million

• Senate Appropriations Committee = $675 million

• Final FY2011 Appropriations may be confirmed by December.

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School Improvement Grants (SIGs)

• $3.5 billion allocated to states primarily for local grants to turn around low performing schools.

• LEAs must use one of four options:– The turn-around model.– Converting to a charter or using a school

management organization.– Close the school and reassign students.– The transformation model.

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Problems with the Options• Each option involves replacing the principal and some

will involve replacing staff.

• The options are difficult to implement in remote/small LEAs and staffing decisions carry possible contract/legal barriers.

• Research doesn’t support the four options as the best approaches—to justify being the only approaches.

• No option for locally developed programs that are evidenced based that can better meet local needs than the other options.

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Investing In Innovation (i3) Fund

• $650 million in competitive grants / 20% matching funds required from private sector.

• Available directly to school districts & non-profit partners in 3 categories:– Scale up grants (up to $50 million) for programs with strong

evidence of improving student achievement; – Validation grants (up to $30 million) to target existing

programs with good evidence and a need to build their research base;

– Development grants (up to $5 million) for new and high potential practices.

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i3 Application Update

• Sept. 20: 49 grantees announced with confirmation of 20% matching funds.

• 42 states and 2 territories.• 37% serve rural school districts.• School districts, non-profit organizations,

higher education institutions.• 10 public school systems.

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Education Jobs Fund

• Enacted August 10.

• 48 states and the District of Columbia have applied for funding.

• Districts may use the funds through September 30, 2012.

• Ed Jobs funds must be used only for school-level employee compensation and benefits and other expenses, such as support services, necessary to:– Retain existing employees;– Recall or rehire former employees; and– Hire new employees.

• LEAs decide how to use Ed Jobs funds, consistent with provisions in the Act and other applicable requirements.

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State Distribution of Funds

• States must distribute Ed Jobs funds to LEAs on a timely basis.

• State must distribute funds either:– Through the State’s primary elementary and

secondary education funding formula(e) used in the SFSF program; or

– On the basis of the LEAs’ relative shares of funds under Part A of Title I of the Elementary and Secondary Education Act of 1965 (ESEA) for the most recent fiscal year for which data are available.

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Jobs Bill

Funding: $10B for Ed jobs; $16B for Medicaid funding.

Off-Sets:

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a) End tax credits on corporate RevenueForeign income ($9.75B) Reduce

b) Snap/Food Stamps ($11.9B) Reducec) Medical Drugs ($2B) Reduced) Earned Income Tax Credit ($1B) Reduce

FY 2011 FundingNSBA Position: • NSBA urges increased funding for Title I grants and

special education. Advancing student achievement and school performance through these programs will remain a top priority for school districts after the funding allocations from the economic stimulus are utilized.

• Protecting investments in Title I and IDEA will help our school districts avert any funding cliffs in FY 2011 and future years.

• Increases should not be at the expense of other effective programs.

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ELEMENTARY AND SECONDARY EDUCATION ACT (ESEA)

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Key Reauthorization Dates

• Last reauthorized as No Child Left Behind (January 2001).

• Scheduled to be reauthorized at end of 2008-2009 school year.

• Possible date for reauthorization: 2011.

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Purpose

Major federal legislation to support statesand local school districts.• Funding authorization• Policy• Accountability• Related issues

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Recent Actions

• Congressional leadership commitment (February 2010).

• NSBA formal recommendations (March 2010).• Administration “Blueprint” (March 2010).• Revised joint statement (March 2010).• Senate and House hearings (March-June 2010).

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Selected NSBA Recommendations for ESEA

• Funding Design– Incentives/rewards vs. mandates and conditions

for non-program purposes (e.g. adoption of common standards within Title I).

– Formula grants v. competitive grants.– Support for inter-agency collaboration.

• Local Flexibility– Local program design/including incentives.– Staffing issues.

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NSBA Recommendations for ESEA:Standards and Assessments

• Funding for states to develop standards and assessments including voluntary projects with other states.

• Funding to support local capacity to meet new standards and assessments (e.g. professional development and new course materials).

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NSBA Recommendations for ESEA: Accountability

• Focus on student growth. • Multiple assessments including

classroom observation.• Targeted interventions providing

multi-year programming and targets.

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NSBA Response to Blueprint

• Major Improvements Over Current Law–Comprehensive strategy.– Eliminates 2014 date for 100% of students

scoring proficient.–Accountability uses growth. – Eliminates labels and focuses on the lowest

performing schools.–No required set-aside for choice/supplemental

services.22

NSBA Response to Blueprint• NSBA’s Major Objections– Conditions Title I funding to adoption of voluntary

state standards.– Interventions/Models for lowest performing schools

dilutes local decision-making/governance.– Emphasis on competitive grants funding ignores

need for formula grant increases.– Inadequate recognition for small/rural school

districts.

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NSBA Response to Blueprint

• NSBA’s Major Objections– Replaces Title I formula-based funding with

competitive grants.– Conditions Title I (or any major federal funding)

with adoption of state-led common core standards.

– Mandates models not evidence-based.– Expands on charter schools.– Continues overemphasis on standardized tests.

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NSBA Response to Blueprint

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• More decision making assumed at federal level to direct the states—including competitive grants.

• More decision making in ED compared to Congress—delegated authority.

• More responsibility/direction for states to carry out federal policy at local level.

• Federal decisions are largely about elements of the delivery system not educational content or instruction.

Outlook?

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CHILD NUTRITION ACT REAUTHORIZATION

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Child Nutrition Reauthorization Current authorization expires on September 30, 2010

Key issuesNational Standards: At a minimum, would apply to all

food sold in school throughout the school day, including a la carte lines, vending machines & fundraisers.

Funding: Increase ranges from $4.5 billion over 10 years in Senate bill to $8 billion in House bill.

Paid meal pricing – regulates what schools can charge for non-subsidized school lunches.

Reimbursement: 6 cent increase per school lunch that meets updated nutrition requirements (not adequate). 28

Child Nutrition• The Senate Agriculture Committee approved a bill in

March 2010: the Healthy, Hunger-Free Kids Act (S. 3307).

• The House Education and Labor Committee introduced & conducted a hearing on a bill – the Improving Nutrition for America’s Children Act (H.R. 5504).

• Further legislative activity planned for both bills. • NSBA is lobbying for funding levels that meet the cost

of implementing federal standards/requirements as well as more local flexibility.

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Healthy, Hunger-Free Kids Act(S. 3307)

• Passed by unanimous consent. (Aug. 5)• Authorizes $4.5B in new funding.• 50% of off-set from Student Nutrition

Assistance Program (SNAP)– (An increase under AARP)

• SNAP reduction in 2013.

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Child Nutrition Act Reauthorization

Congressional context• NSBA has testified three

times on behalf of the position adopted in the 2010 Delegate Assembly.

• Senate Agriculture Committee mark-up of the Healthy, Hunger-Free Kids (HHFK) Act of 2010.

Administration context• Overall interest in health,

fitness & nutrition.

• First Lady’s Let’s Move anti-childhood obesity initiative.– NSBA is an organizational

partner.

• USDA Healthier US School Challenge.

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Child Nutrition Act

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•All foods outside school meal programs, on school campus, any time during school day, school-sponsored events

Standards•Senat

e: $4.5 billion over 10 years

•House: $8 billion

Funding(Inadequate)

•6 cent increase per school lunch (actual cost 11-12 cents)

Reimbursement

•Regulated by Feds

Meal Pricing

EDUCATION TECHNOLOGY

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Education Technology• E-Rate – The Schools and Libraries Program of the

Universal Service Fund, commonly known as “E-Rate,” provides discounts to assist most schools and libraries in the United States to obtain affordable telecommunications and Internet access.

• Status – NSBA helped secure an extension of administrative relief from the Anti-Deficiency Act for E-Rate Internet connection discounts for high-need schools and libraries. The current extension expires September 30, 2010.

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Education Technology

National Broadband Plan – NSBA recommendations for E-Rate were included in the Federal Communications Commission Plan for nationwide broadband deployment, including increasing the availability of E-Rate discounts.

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National Broadband Plan: E-RateThe FCC issued a final rule in September 2010 to:• Let schools buy dark fiber (unused fiber already in place) to

gain access to high bandwidth Internet at competitive rate.

• Permanently authorize 'school spots' so communities can use school wireless after hours.

• Include for a pilot program for off-campus wireless, the chairman's office said Monday.

• Raise the cap on E-Rate to account for inflation.

• Streamline the E-Rate application process for schools & libraries.

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OTHER ISSUES

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Restraints & Seclusion• Legislation (H.R. 4247 – passed, S. 2860 –

pending)– Prevention of inappropriate use.– Primary focus on safety.– Targeted to general and special education.– Imminent danger/physical injury support exception.– Trained personnel.– State data collection and reporting.

• Pending Issues– Reference in IEPs, behavioral plans.– Waivers for states with existing laws.

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Vouchers for Military Families• Legislation: FY2011 Defense Authorization Act (S.

3454) pending full Senate action.• Vouchers up to $7,500 to families with children with

special needs to attend private schools.• NSBA Position – Opposed

– Current law and compact provides for support.– Private schools can restrict enrollment.– Private schools not required to meet teacher standards.

• Alternatives– Expansion of IDEA parent centers.– Purchase supplemental services from public schools.

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Interstate Military Compact• 35 states enacted Compact.• Aimed at easing transition for military

children.• Areas covered: graduation requirements,

course sequence, immunization, enrollment , placement, etc.

• Overseen by a Commission.• NSBA position: states have final decisions for

unresolved issues and full authority on education policy; compact vs. legislation.

Questions?

Reginald M. FeltonDirector, Federal Relations

703.838.6782rfelton@nsba.org

www.nsba.org/advocacy