I was recently attended a preconference session hosted by SC-CASE
(Council of Administrators of Special Education, a division of Council for
Exceptional Children). It was an awesome preconference and I learned a lot!
Here is what the flyer says about this session:
“Baffled by the news
of what’s happening in Washington? Myrna Mandlawitz, M..Ed, J.D., CASE
Legislative Consultant, is here to explain it all...well, at least some of it!
She will entertain you about the latest from Congress and the
Administration—what’s current in special and general education, Medicaid and health
care, education funding, and some “hot” legal issues. Myrna will also provide
the how-to of becoming an agent of change for education and get you started on
planning your own education advocacy campaign. Come prepared to expand your
knowledge and actively participate in this exciting workshop.”
Here are some notes from Dr. Mandlawitz’s slides and my
notes:
1.
Special Education – interdisciplinary, student
support system committed to innovation in education.
2.
The community should celebrate human diversity
as enriching the whole society.
3.
All students have a right to a quality
education, enabling them to develop to their maximum potential.
4.
Public policy – whole range of government
actions to improve citizen’s lives.
5.
Issues become part of public policy agenda
a.
As part of a larger trend,
b.
after major event,
c.
through interest groups
d.
Through political speeches such as the State of
the Union
6.
Once issue is on the agenda, people seek
government action
7.
Major policy changes occur slowly – It is a
marathon and not a sprint.
8.
Creating legislation is like making sausage. You
throw in everything and then hope that you make something edible
9.
Education is a state government function.
10. State
role in Education
a.
primarily responsible for maintenance/operation
of public schools
b.
selection/regulation of curriculum, teaching
methods, instructional materials often delegated to local districts.
11. Federal
Role in education
a.
Equal access to education
b.
Safeguards on students’ and educators’
constitutional rights
c.
Funding
i. 2%
of federal budget goes to education
ii. Federal
money – approximately 8% of State K-12 budget
iii. Bulk
of money comes from state tax dollars
12. Nothing
happens if the law is not funded
13. Most
laws are reauthorized every 5 years
14. Making
Laws
a.
Issue raised
b.
Bill introduced
c.
Hearings
d.
Bill Markup
e.
Floor consideration
f.
Consideration in other chamber
g.
Conference committee to reconcile versions of
the bill.
h.
Chambers vote on final bill
i.
Bill sent to President/Governor for signature or
veto
j.
Possible veto override vote
15. Once
the Law is passed
a.
All “details” not in law
b.
Administration agencies provide the details –
regulations, guidance, technical assistance
c.
It is easier to change regulations than to amend
laws.
16. Fiscal
Issue:
a.
Labor, Health & Human Services, Education
Bills
i. Education:
1.
House - $4.2 billion below FY2 2017
a.
IDEA - $200 million increase
2.
Senate Committee: $1.2 billion below
a.
IDEA - $2 million increase
17. Budget
Control Act 2011 – tight caps on Federal budget to 2021. So Federal budget gets
tighter each year and more burden on states and local budgets. Each year they
have waived these budget caps. – Wont’ repeal the law because it looks good on
the books.
18. PROSPER
Act (HR 4508) - eliminates teacher prep programs; replaces with Apprenticeship
Grant Program, eliminates Public Service Loan Forgiveness in 2019.
19. IDEA
Full Funding Act (HR 2902) – “message” bill, would gradually increase money to
50% in 2027
20. RISE
Act (S. 1295; HR 2782) Amends HEA to require IHE policies accept K-12
disability documentation, require additional date collection
21. National
Dyslexia Awareness Month (S. Res 284) – resolution, not a bill.
24. ADA
Education and Reform Act (HR 620) – limits civil actions, re: architectural
barrier issues – prohibit civil actions under certain circumstances
25. Strengthening
Career & Technical Education for the 21st Century Act (HR 2353)
– has not been reauthorized
26. Juvenile
Justice Reform Act (HR 1809) – passed House in June
27. Common
Core was not a federal initiative.
28. Executive
Order 13711 – Two for One rule – for every new legislation, get rid of 2.
29. Court
Cases
b.
Fry vs. Napoleon Community Schools
c.
Gloucester County School Bd. Vs. G. G. – use of
boy’s bathroom by transgender mail
d.
Trinity Lutheran Church of Columbia (MO) vs.
Comer – grant of public funds to religious institutions; resurface playground
with scrap tire material
30. Advocacy
a.
Get powerful people to make changes that may not
be in their short-term interest
b.
Working in the public eye
c.
Sticking your neck out.
d.
Get on committees so you can make sure what you
are doing is sanctioned
e.
Never talk about an issue without offering a
solution
f.
Be creative and work out a way that won’t cost
so much money in the end.
g.
Bring together different facets of the community
to solve the problem.
h.
Help decision makers get to “yes”
i.
Creative problem solving
Original photo by Pat Hensley
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