BILINGUAL, IMMIGRANT AND REFUGEE EDUCATION DIRECTORS

MEETINGMAY 16, 2013

WASHINGTON UPDATE

WHAT WE’LL COVER:• BUDGET AND APPROPRIATIONS• CENSUS AND TITLE I UPDATES• OTHER LEGISLATIVE AND REGULATORY ACTION• ADMINISTRATION PROPOSALS

BUDGET AND APPROPRIATIONS

Background

Congress passed a six-month Continuing Resolution (CR) last October instead of finishing FY 2013 appropriations (for 2013-14 school year)

The “Fiscal Cliff” bill that passed in early January resolved some tax rate issues, and included a two-month delay in sequestration

No deal to eliminate sequestration was reached by new March 1st deadline, or since then

In late March, Congress passed a CR for the remainder of FY 2013 funding (six months into the funding year)

Budget and Appropriations

Sequestration

The Budget Control Act of 2011 increased the federal debt ceiling, but also required a bipartisan “Super Committee” to agree to $1.2 trillion in federal budget savings for the next ten years

If the Committee failed to approve these savings, the Budget Control Act required across-the-board budget cuts in most defense and domestic programs beginning on January 2, 2013

These across-the-board cuts are known as “sequestration”

Budget and Appropriations

Sequestration

Two month sequestration delay in Fiscal Cliff legislation was paid for with $24 billion in budget savings, with half from new revenue and half from defense and discretionary spending cuts

Original estimate of an 8.2% across-the-board cut to FY 2013 education funds was reduced to an estimated 5.0% cut because of two month delay

The reduction from FY 2012 was finalized at about 5.2%

Limited number of critical safety net program are excluded from sequestration cuts, including Social Security, Medicare, Child Nutrition, and Medicaid

Budget and Appropriations

Sequestration

Absent any additional action by Congress and the President, the sequestration cuts will affect July 1 allocations for 2013-14 school year

A 5.2% sequestration will result in an estimated $2.6 billion reduction in programs for the U.S. Department of Education in FY 2013

The Budget Control Act that prompted this sequester also set spending caps for future years, which could limit any increases for federal education funding

Budget and Appropriations

Budget and Appropriations

Estimated Funding for Key Programs in FY 2013

ProgramFY 2012

Final

FY 2013 Continuing Resolution

Reduction from Sequestration

FY 2013 Final

Title I $14.5 billion $14.5 billion -$756 million $13.8 billion

Title II-A Teacher Quality

$2.47 billion $2.47 billion -$128.7 million $2.33 billion

Title III – ELLs $732.1 million $732.1 million -$38.2 million $693.8 million

IDEA Part B $11.6 billion $11.6 billion -$603.0 million $11.0 billion

Race to the Top $549 million $549 million -$28.7 million $520.2 million

Investing in Innovation $149 million $149 million -$7.8 million $141.6 million

Census and Title I Updates

Census and Title I Updates

Census Data in Title I Funding

Annually updated Census data is used to direct Title I funding

The change in poverty at the district level, as compared to the change at the national level, is a major factor in a district’s increase or decrease in Title I funding from year to year

2010 CensusPoverty Children

2011 CensusPoverty Children

One YearChange

District “X” 95,369 110,156 +15.5%

District “Y” 25,970 26,696 +2.8%

Nation 10,846,338 11,339,741 +4.6%

Census and Title I Updates

Title I Change in FY 2013

In CGCS, 49 out of our 67 districts have an increase in Census poverty

Only 8 districts in CGCS will receive any increase in Title I funding for the 2013-14 school year

One Year CensusPoverty Change

Title I ChangeBefore Sequester

Title I ChangeAfter Sequester

District “X” +15.5% +$13.7 million +$1.3 million

District “Y” +2.8% -$338,764 -$1.8 million

OTHER LEGISLATIVE ANDREGULATORY ACTION

Reauthorization of ESEA

Action on Capitol Hill

Senate committee approved ESEA legislation in October of 2011, with all Democrats and three Republicans voting in support

House committee approved ESEA legislation in February of 2012 on a party line vote, with no Democratic support

No floor action on the reauthorization in either House or Senate for the remainder of 2012

Scenario for reauthorization in new 113th Congress is unclear; maybe action in House and Senate committees this summer

Reauthorization of ESEA

House and Senate ESEA Legislation from 112th Congress

House of Representatives Title III was eliminated, and English Language Acquisition was included only as a

4.4% set-aside within the Title I program

Senate Preserved separate Title III program

Other Legislation

IMMIGRATION REFORM

• Senate: The Border Security, Economic Opportunity, and Immigration Modernization Act of 2013 (S.744)

• Introduced April 17th by the Senate “Gang of Eight”

• The 844-page bill has four Titles—

• Title I—Border Security• Title II—Reforms to immigrant visa programs and integration provisions• Title III—Interior enforcement• Title IV—Reforms to nonimmigrant visa programs

Other Legislation

IMMIGRATION REFORM

Senate Legislation: Overview

• Most notable provisions are those related to a legalization program for over 11 million unauthorized immigrants

• Requires significant investments to protect southern border and investments in enforcement

• Over time tilts the immigration system to be more responsive to the US labor market needs, moving away from the current focus on family reunification

• Concessions are made for current DREAMERS for the LPR status but ‘little’ DREAMERS currently don’t have this expedited preference.

Other Legislation

IMMIGRATION REFORM

Senate Legislation: Visas and Immigration• Title I focuses on increasing the security at the southern border and

has two triggers that determine when the legalization process will start

1. Applications for processing Registered Provisional Immigration (RPI) status cannot begin until DHS has submitted to Congress and certified initiating border and fencing strategies at the southern border

2. DHS cannot grant lawful permanent residence status (LPR, i.e. green card) until Homeland Safety Secretary certified that most of the border security and the employment related enforcement are substantially operational.

• Title II contains provisions directly affecting immigration status of families and students

Other Legislation

IMMIGRATION REFORM

Senate Legislation: Legalization Program

• Unauthorized immigrants who have been physically present since December 31, 2011 would be eligible to receive Registered Provisional Immigrant (RPI) status

• After 10 years, can request Lawful Permanent Resident (LPR) status by meeting certain conditions; DREAMers and agricultural workers would have expedited process

• 3 years after receiving LPR status, the resident could apply for citizenship

Other Legislation

IMMIGRATION REFORM

Senate Legislation: Current Status (as of May 14th)

• Being considered in Senate Judiciary Committee

• Over 300 amendments were submitted to the original legislation (mostly by Republican senators); view amendments on the Committee website: http://www.judiciary.senate.gov/legislation/immigration/amendments.cfm

• Chairman Patrick Leahy (D-VT) to determine which amendments are considered.

• Bipartisan group of four Senators (D’s: Durbin—IL, Schumer—NY; R’s: Flake—AZ, and Graham—SC) indicated they’d all vote against amendments that would undermine core aspects of the bill, i.e. the legalization program and stricter border measures

Other Legislation

IMMIGRATION REFORM

Overall Action in Congress

Senate timeline:

• Out of Senate committee by the end of this month

• Senate floor in June

House:

• More difficult to get consensus

• House Judiciary Committee Chairman Bob Goodlatte (R-VA) has indicated that he favored a piecemeal approach, with his priorities being the employment verification system and the guest worker program

Administration Proposals

DEFERRED ACTION

• On August 15, 2012, the U.S. Citizenship and Immigration Services (USCIS) began accepting applications for Deferred Action for people who were brought to the U.S. as young children.

• A June 15 memorandum from Secretary Napolitano provides a temporary reprieve for many young people so they can continue their education and work as productive members of society.

• You can find the guidelines for implementation on the USCIS webpage: www.USCIS.gov/childhoodarrivals

Administration Proposals

DEFERRED ACTION

Students will need to request documentation from the school district for the purposes of demonstrating that:

1. They were present in the United States on June 15, 2012.

2. They have continuously resided in the U.S. for at least five years prior to June 15, 2012 and were present in the U.S. on June 15, 2012; and

3. They are currently in school, have graduated from high school, have obtained a general education development (GED) certificate, or are honorably discharged veterans of the U.S. Coast guard or the U.S. Armed Forces.

ANY QUESTIONS?