Distributed via Email: June 17, 2015
ELEMENTARY AND SECONDARY EDUCATION ACT (ESEA/NCLB) REAUTHORIZATION
At the end of April, the Senate Health, Education, Labor and Pensions (HELP) Committee voted unanimously to pass the Senate’s bipartisan ESEA Reauthorization (as reported in FLR 114-3) out to the Senate floor. Since then, both the House and Senate versions have been on hold pending being scheduled for floor time. The Senate may begin floor action on their version later this month.
FISCAL YEAR 2016 (FY16) BUDGET
The House Appropriations subcommittee responsible for federal education funding is scheduled to consider FY16 allocations for many federal education programs this week. The Senate has had no public activity on the FY16 budget since they passed their budget resolution in late March (see FLR 114-3).
THE U.S. DEPARTMENT OF EDUCATION (USDE) HAS BEEN BUSY
Maintenance of Effort (MOE)
The USDE’s Office of Special Education and Rehabilitative Services has issued a Final Rule revising the regulations governing the requirement that local educational agencies (LEAs) maintain fiscal effort from one school year to the next in the funding of special education programs and related services under the Individuals with Disabilities Education Act. They added language to the eligibility and compliance standards for MOE. The rule is supposed to clarify the four methods that LEAs may use to meet the standards regarding funding sources. They also changed language in the eligibility and compliance standards to provide that the comparison year is the most recent fiscal year for which information is available, regardless of which funding method an LEA uses to establish eligibility or compliance. In general, school districts can only maintain or increase their spending on special education, not cut it. The Final Rule becomes effective July 1, 2015.
IDEA Due Process
The USDE issued a “Dear Colleague” letter in late April to school districts related to filing due process complaints against parents who have gone directly to the state with a disagreement. The letter cautions against such activity, as it short-circuits a parent's ability to complain directly to the state about a special education dispute.
Title IX Coordinators
The USDE’s Office for Civil Rights released a guidance package emphasizing the responsibility of school districts, colleges, and universities to designate a Title IX coordinator. The package also contains an overview of the law’s requirements in several key areas, including athletics, single-sex education, sex-based harassment, and discipline.
CONGRESSMAN RODNEY DAVIS INTRODUCES CHILD NUTRITION BILL
As Congress holds hearings to consider reauthorization of the Child Nutrition Act (the most recent version being the Healthy, Hunger-Free Kids Act of 2010), Congressman Rodney Davis (R-Taylorville) has introduced legislation (H.R. 2508 – Healthy School Meals Flexibility Act) that offers school districts relief in meeting some of the most onerous requirements of the Healthy, Hunger-Free Kids Act of 2010, specifically the whole grain products and sodium standards requirements, while ensuring that students receive healthy, nutritious school meals. Many thanks to Congressman Davis for continuing to pursue relief for school districts from this onerous Act.
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.