Federal Legislative Report 112-7

Distributed via Email: June 22, 2012

FEDERAL EDUCATION FUNDING UPDATE

Last week, the Senate Appropriations Committee adopted the Fiscal Year 2013 Labor-Education-Health and Human Services bill on a party-line vote.   The majority of education programs were level-funded including Rural Education grants, School Improvement grants, Teacher Quality grants, Impact Aid, and Investing in Innovation.   Title I and the Individuals with Disabilities Education Act (IDEA) were both given an increase of $100 million.   Two of the President’s favorites, Race to the Top (RTTT) and Promise Neighborhoods, received small increases as well.   Overall, the bill provides program-level funding totaling $166.011 billion for Fiscal Year 2013.   Discretionary program funding available for the U.S. Department of Education (USDOE) is $68.52 billion for Fiscal Year 2013, up from $68.112 billion in Fiscal Year 2012.   This is an increase of $408 million (0.6 %).   The Committee did not address the issue of across-the-board cuts that are slated for January from the Budget Control Act.   Those cuts will happen automatically unless Congress acts before then.

The House Appropriations Subcommittee on Labor, Health & Human Services, and Education was to meet this week to consider their recommendations for a Fiscal Year 2013 funding bill; and then the full House Appropriations Committee is scheduled to consider the bill next week.

ELEMENTARY AND SECONDARY EDUCATION ACT (ESEA) REAUTHORIZATION UPDATE

At the end of May, House Majority Leader Cantor issued a memo to all House Republican members outlining the House floor agenda through the August recess.   The House will only be in session 31 days from the beginning of June through September 10 and will not be taking up any education related bills.

E-RATE FUNDING PROTECTED

This spring, the Federal Commerce Commission (FCC) proposed to fund a digital literacy pilot program out of E-Rate funding.   Education management groups understand and recognize the importance of digital literacy, but do not support the dilution of oversubscribed E-Rate resources (either fiscal or administrative).

In mid-May, the FCC was clearly given the message during an oversight hearing in the Senate Commerce Committee by Committee Chairman Rockefeller (D-WV) to not conduct digital literacy training at the expense of the E-Rate program.   In addition to the Chairman’s powerful statement, several senators on the Committee are expected to submit follow-up inquiries to the FCC.  As a result, all five FCC Commissioners committed on the record to not utilize E-Rate funding or administrative resources to conduct a digital literacy initiative.

U.S. DEPARTMENT OF EDUCATION (USDOE) RESTRAINT AND SECLUSION DOCUMENT RELEASED

In mid-May, the USDOE released its new publication, "Restraint and Seclusion: Resource Document", describing 15 principles to consider when developing or revising policies and procedures on the use of restraint and seclusion in schools.  The document does not mandate new requirements and identifies 39 states, including Illinois, and the District of Columbia that have existing policies and/or guidance. 

RACE TO THE TOP (RTTT) CONTINUES

At the end of May, the USDOE released draft criteria for a new RTTT district competition in which districts can apply directly to the USDOE for their share of $400 million.   Districts would be able to apply for the funds individually, or as part of a consortium with other districts, even those in other states. Charter schools, as well as other organizations that are defined as a "local education agency" by their states, could compete as well.   The USDOE states that the concept of the program is to provide RTTT funds directly to local school districts in a manner aligned with the basic reform principles the USDOE has focused on. They anticipate the number of grant awards to be between 15 and 20 and the maximum grant amount to be $20 million each based on the number of participating students. The program is open to all school districts, not just those located in states that have been awarded RTTT grants.   Applications will be available in July and grants awarded in December.

This Federal Legislative Report is used to forward information on federal issues from NSBA and other federal sources. Those interested in additional information or signing up for these free reports should contact Susan Hilton .