Individuals with Disabilities Education Act (IDEA) Developing a Federal Platform

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

2. 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

3. 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

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

5. 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

6. 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)

7. 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

8. Core Provisions of Federal Law Educating Children with Disabilities

9. TheEmphasis “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. 1400 (c)(1))

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

14. History of Federal Special Education Laws

15. 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

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

17. IDEA Funding and Fiscal Restrictions • 1997 • 40% Issue • Ohio Costs • Maintenance of Effort (MOE) • SNS

19. 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

20. 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.

21. 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.

22. Use IDEA Part-B Funds for Coordinated Early Intervening Services • LEA may use up to 15% of their IDEA Part-B allocationto 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)

23. 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

24. 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.

25. 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

26. QUESTIONS?