AASA Federal Policy Update

1. AASA Federal Policy Update Bruce Hunter Noelle Ellerson Sasha Pudelski

2. ESEA Reauthorization • Both the House and Senate have passed bills out of committee that positively address the major flaws of current law. • Both bills are to be commended for pushing the pendulum of control of education back firmly to state and local education agencies • Where there are departures, know that the House goes even further to return control to the state/local level. • Both bills represent a strong step in the right direction.

3. ESEA Reauthorization: Both Bills • Eliminate AYP, AMO, SES, and 100% proficiency • Both return control of assessments and accountability to the states • Both maintain math and ELA testing requirements • Both continue data disaggregation • Reauthorize REAP • Promote growth models and multiple measures • Include computer adaptive assessment • Adjust 1 and 2 percent caps • Require 4 year adjusted cohort graduation rate and allow states to calculate 5 and 6 year rates

4. ESEA Reauthorization:The Differences • SchoolImprovement: House gives authority to state; Senate bill prescribes turnaround models that must be used in bottom 5% of schools • HQT: House bill eliminates HQT; Senate bill retains it • Maintenance of Effort: House bill eliminates MoE; Senate bill retains it • Comparability: House bill makes no changes; Senate proposes changes to calculation • Teacher Evaluation: House bill requires eval systems for all 50 states; Senate bill requires it only in states that pursue put of funding • Funding Flexibility: House bill provides funding flexibility between special population programs; Senate bill does not extend flexibility • Class Size Reduction: House bill caps it at 10%; Senate bill makes no change • Ed Tech: House bill eliminates Ed Tech; Senate bill reauthorizes Ed Tech program • RttT and i3: Senate bill codifies RttT and i3 as law

5. Top AASA Concerns • House Committee • Maintenance of Effort • Funding Cap • Charter Schools • Equitable Participation • Senate Committee • Comparability • Charter Schools • Foster Children • RttT and i3

6. ESEA Flexibility Waivers • To date, more than half (26) of the states have received ESEA waivers from the administration • First Round Waivers were granted to all 11 applicants: CO, FL, GA, IN, KY, MA, MN, NJ, NM, OK and TN • Second Round Waivers were granted to 15 of 26 applicants: AR, CT, DE, LA, MD, MO, NY, NC, OH, RI, SD, UT, VA, WA and WI • Seven additional states (AL, AK, ID, IA, KS, ME, and WV) are able to freeze their AMOs while they work on their waiver applications. • A third and final round of applications will be submitted after Labor Day.

7. Seclusion and Restraint Legislation • Senate bill (S.2020) introduced Dec 2011 by Harkin • Prohibited for special-ed and gen-ed students • Prohibited from being including in IEP • Mandates huge data reporting and collection • Only can be used if child is at risk of causing “serious bodily injury” • Conflicts with 31 state law re “reasonable and necessary force” provisions • FAPE denied if used inappropriately

8. AASA Survey finds PD Needed – Not Administrative Oversight • 97% of school districts do not use mechanical restraints under any circumstances • 94% of school districts monitor students when they are in seclusion at all times • 97% of school districts have a policy to end the use of seclusion and restraint as soon as the emergency ends • Of the students that are restrained or secluded, 66% of districts reported they exclusively use these techniques on students with severe emotional or behavioral disabilities • 80% of all school personnel trained to use seclusion and restraint are also trained in nonviolent crisis intervention techniques • 78% of school personnel are trained in seclusion and restraint or nonviolent crisis interventions at least annually

9. But…we need everyone on the same page • 16% respondents said they use S/R to punish students • 19% of respondents support using S/R techniques to punish students These techniques must be used exclusively in emergency situations. AND, of course, WE NEED MONEY! 91% of respondents said their school district would benefit from Safe and Drug Free Funding to implement school-wide positive behavioral support and intervention systems and nonviolent crisis interventions.

10. Rural Education • Rural Education Achievement Program reauthorized in both House and Senate bills • Secure Rural Schools and Community Self Determination Act (Forest Counties) received a one-year extension on the Transportation bill. • There is a Rural Education Caucus in both the House and Senate. If you are from a rural community, make sure your Reps and Senators are on the caucus! • Support the creation of the Office of Rural Education Policy within the U.S. Dept. of Ed.

11. Education Technology • ESEA • Enhancing Education Through Technology (EETT, Title II Part D) is in current law but has been zero funded. • The Senate ESEA bill includes an education technology program; the House bill does not. • E-Rate: • Help us raise awareness. Significant staff turnover on the hill means there is less awareness of what E-Rate is, how it benefits schools, and the critical role E-Rate plays in helping schools afford telecommunications. • E-Learning Caucus • The House JUST launched an e-learning caucus. While it was created around virtual learning, the scope will be broad and will include education technology, E-Rate, and more. Urge your Representative to join!

12. Questions about ESEA?Rural?Ed-Tech?

13. Budget Control Act & Sequestration • Budget Control Act • Stems from Debt Ceiling Debate from Summer 2012 • Raised debt ceiling • Created Super Committee • By default, creates sequestration • Required votes on balanced budget amendment • Established spending caps for next ten years • Established Super Committee • Sequestration • Sequestration triggered 1/1/12, Cuts go in to effect 1/1/13 • Estimated to be between a 7.8 and 9.1% cut • Estimated Education Impact at 7.8% level: • Title I: $1.1 billion • IDEA: 978 million • Perkins: $136 million • Head Start: $590 million • AASA survey and call to action!

14. What will be cut to make up losses?

15. Helpful Information?? • The Obama Administration/Sec. Arne Duncan: • 45.4 non-existent. • 34.9 poor/very poor. • Congress (in its entirety): • 55.9 percent non-existent, • 35.9 percent poor/very poor. • Respondent’s Congressional Delegation: • 48.5 percent non-existent, • 32 percent poor/very poor. • Senate and House Education Committees and Appropriations Subcommittees: • 53.1 percent non-existent • 35.3 percent poor/very poor.

16. Helpful Information?? • Your Governor: • 50 percent non-existent, • 27.7 percent poor/very poor. • Your Chief State School Officer: • 33.3 percent non-existent, • 23.2 percent poor/very poor. • Your State Legislature: • 50.3 percent non-existent, • 31.8 percent poor/very poor. • Your State Board of Education: • 44.8 percent non-existent, • 26.8 percent poor/very poor.

17. Helpful Information?? • American Association of School Administrators: • 54.1 percent helpful/very helpful. • State Administrator Association (AASA affiliate): • 55.1 percent helpful/very helpful.

18. Funding & Appropriations • FY13 appropriations process moves along, but the House and Senate approaches are on completely different tracks • Senate budget level is set at BCA levels; House budget level is significantly lower. • Senate LHHS approps bill includes $100 m increase for Title I and IDEA, level funds almost all others. • House LHHS bill is being marked up today! • Likely Scenario? Continuing Resolution thru the election, if not into next year. Final appropriations will be at BCA level. If there are increases, likely in Title I and IDEA

19. Funding & Appropriations Questions?

20. AASA Advocacy Succeeds • AASA asked for: • State control of accountability, assessment and consequences • Greater focus on content • Greater flexibility in local program control • Both Houses and Senate Committees included those policies in their bills

21. AASA Advocacy Succeeds • AASA has pointed out the terrible impact of the great recession on public schools • Last year the $10 billion in Ed Jobs funding can be tracked directly to data gathered by AASA • AASA continually reminds Congress that federal funding though relatively small is very important to many school districts as the great recession continues into its fourth year

22. AASA Advocacy Succeeds • AASA asked that the unique conditions of small rural school districts be considered when any education legislation is considered • Small rural school districts have been funded and considered in every instance.

23. AASA Advocacy Succeeds • AASA successfully led efforts to oppose the use of E-Rate dollars to fund a Digital Literacy Pilot. • AASA member comments helped end FCC-support for administering the Pilot through E-Rate capacity. • AASA advocated for the inclusion of education technology in the ESEA bills, supporting ATTAIN in the Senate bill and leading changes to the House bill.

24. AASA Advocacy Succeeds • AASA asked that states be given time to develop bullying policy which • Avoids the conflict in federal definition of bullying • Focuses on improved local policy and practice rather than compliance with federal rules • So far state policy has been allowed to develop without new federal requirements

25. AASA Advocacy Succeeds • AASA has succeeded in convincing every Senate office to NOT SUPPORT S.2020 • AASA’s reports on S/R were featured in the Washington Post, Chicago Tribune, USA Today and many other publications • So far AASA has prevailed and state policy is developing without impossibly high new federal standards or new compliance monitoring

26. AASA Survey finds PD Needed – Not Administrative Oversight • In 92% of school districts, less than 10% of the time school personnel are not trained in how to use seclusion and restraint • 78% of school personnel are trained in seclusion and restraint or nonviolent crisis interventions at least annually

27. Other Policy Topics • Child Nutrition • Charters • Vouchers • Bullying • IDEA • IDEA Funding • Career/Tech

28. AASA Advocacy Resources AASA Website: www.aasa.org AASA Blog: www.aasa.org/aasablog.aspx AASA Twitter: @Noellerson @SPudelski Annual Legislative Advocacy Conference Weekly Update: Legislative Corps Monthly Update: Advocacy Alert Policy Insider

29. AASA Advocacy Team • Bruce Hunter (bhunter@aasa.org) • Noelle Ellerson (nellerson@aasa.org) • Sasha Pudelski (spudelski@aasa.org)