Noelle Ellerson FASFEPA September 14, 2011 Federal Education Update.

Noelle EllersonFASFEPA

September 14, 2011

Federal Education Update

Overview Climates: Funding, Political, Federal and State ESEA

Reauthorization Regulatory Relief (NOT waivers!) Title I Formula Fairness

Budget and Appropriations FY11, FY12 Debt Ceiling Supercommittee Balanced Budget Amendment President’s Job Package

IDEA Full Funding Rural Education Education Technology Child Nutrition Choice: Charters and Vouchers Advocacy and Grassroots

ClimatesFunding

Continued recession at state and local levelCessation of ARRA/EduJobsActual and anticipated cuts from FY11 and FY12Anticipated cuts from Debt Ceiling Commission

PoliticalPartisan. Middle ground moderates are gone.Gearing up to an election year

Federal Gridlock between House and Senate

StateState legislatures were heavily impacted by last

year’s electionsStrong push on education issues with grassroots

implications

ESEA ReauthorizationIt’s the gift that keeps on giving; unlikely

before 2013Who’s Who

Administration and CongressBig 8: Sens. Harkin, Enzi, Alexander, and Bingaman;

Reps. Kline, Miller, Kildee, and HunterPrevious Architects of NCLB

Education OrganizationsAASA, NSBA, NAESP, NASSP, NEA, AFT, CCSSO, etc…

Foundations and Think TanksEdTrust, Gates, Walton,

ESEA Reauthorization: Key Issues

• Mandated Standardization v. Focus on Poverty

• Formula v. Competitive• Punitive Accountability v. Incentivizing

Accountability• Assessment: One-Time v. Growth• Overly Prescriptive v. Flexibile• Charters: More v. Less• Assessing Special Learners• Early Childhood Education• Health/Wellness/Total Child• Turnaround Models/School Improvement

ESEA ReauthorizationHouse has taken a piecemeal approach

Begs the question, ‘What is the piece? What is the meal?’Has moved three pieces to date, anticipates two more by

the end of the calendar yearRemaining two pieces expected to be related to teacher

quality and accountability/assessmentSenate is (allegedly) taking a comprehensive approach

Wanted to move a comprehensive bill by Easter (2011, that is)

Have yet to introduce any legislationQuestion bipartisan nature of effortsRaises concerns over how comprehensive the bill will be,

and if it is skeletal, concerns about the accompanying amendments

Activity this week?

ESEA ReauthorizationH.R. 1891 "Setting New Priorities in Education

Spending Act" Full Committee Wednesday, May 25, 2011Ordered favorably reported, as amended, to the House by a vote of 23-16

H.R. 2218, "Empowering Parents through Quality Charter Schools Act"Full CommitteeWednesday, June 22, 2011Ordered favorably reported, as amended, to the House by a vote of 34-5. Voted out of full House 9/13

HR 2445 “State and Local Funding Flexibility Act”Wednesday July 14, 2011Ordered favorable reported, as amended, to the House by a vote of 23-17

Waivers v. Regulatory Relief

80% of LEAs labeled as failing for 2011-12 school year

AASA/NSBA call to action for targeted, specific regulatory relief

More than 1,000 signatures from all 50 statesSecretary Duncan interest in quid-pro-quo

approach to providing relief through conditional waivers

Waivers v. Regulatory Relief Tentative Details on Duncan’s ‘Relief’ Proposal States would have to sign up for all three waivers….no

picking and choosing To receive waiver for 2014 deadline for 100% proficiency,

states have to adopt CCR standards (think Common Core) To receive waiver to freeze AYP/AMO sanctions, states

have to propose their own differentiated accountability systems incorporating growth and establishing new performance targets. Would do away with SES, choice, and Title I set aside

To receive waiver for HQ teacher requirements and to get funding flexibility, states would have to adopt an evaluation system for teachers and principals based on growth

Remaining questions: With what resources? With what political capital? What role for SIG turn around models?

Waivers v. Regulatory Relief

• LEAs should not have to adopt policy priorities (think Race to the Top or turnaround models), especially unfunded priorities, to get relief from a broken law

• Regulations got is in to the mess, regulations (well, reversing them) can get us out

• If the policies the administration wants were popular with policy makers or practitioners, they would be more widely adopted and implemented already.

• Using waivers to force these priorities is not good policy

Waivers vs. Regulatory ReliefIdaho and Montana have received relief

without adopting administration prioritiesExercise statute provision that authorizes

modification of state accountability workbookNCLB Waiver Watch: www.cep-dc.org

Waivers vs. Regulatory Relief

• Urge your Representatives and Senators to, in the absence of complete reauthorization, support targeted regulatory relief.– Suggested options? Suspension of sanctions.

This would freeze AMO/AYP at 2010-11 school year levels.

– This maintains accountability, is not a blanket waiver, and provides LEAs with the relief they need while we wait for Congress to pass a bill 4 years past-due.

Title I Formula Fairness

www.formulafairness.comLed by Rural School and Community TrustCurrent statute uses two weighting brackets

to determine an LEA’s Title I allocationUnintended consequence is that some larger,

less-poor schools can end up receiving more Title I dollars per-child than smaller, poorer districts

Title I Formula Fairness

• All Children are Equal (ACE) Act (HR 2485) provides legislative fix

• Turns down the volume on number weighting to ensure that Title I dollars are distributed to concentrations of poverty

• 11 original co-sponsors: Representatives Glenn Thompson (R-PA), Ruben Hinojosa (D – TX), G.K. Butterfield (D-NC), Louise Slaughter (D-NY), Dan Boren (D-OK), Mike Ross (D-AR), Tom Petri (R-WI), Lou Barletta (R-PA), Mike Kelly (R-PA), Todd Platts (R-PA), and Richard Hanna (R-NY).

• Also joined by Reps. Roby (R-AL), Hartzler (R-MO), and Crawford (R-AR)

• Urge your representative to sign on!

Budget & Approps: FY11 and FY12

• FY11 as an indicator, both in terms of cuts and process

• FY12: hard to imagine any scenario where education doesn’t take a big hit

• LEAs continue to weather the unfortunate ‘perfect storm’ when it comes to funding:– Ongoing effects of recession– Cessation of ARRA and EduJobs– Actual and anticipated cuts in annual federal

appropriations for both FY11 and FY12

• Districts and schools continue to make tough choices

• Double dip recession?

FY11

• It may be wrapping up, but the politics and policies of FY11 budget discussions have STRONG implications for FY12 discussions.– Think: DC vouchers

• Record-setting series of 7 CRs, including precedent-setting CR cuts

• $38 billion below FY10 levels; includes $12 billion in reductions from previous CRs

• Labor, HHS section cut by $5.5 billion (3.36%)• Includes 0.2% across-the-board cut• Title I, IDEA, and REAP were ‘level funded ‘, which

included the 0.2% cut• Administration priorities funded: Race to the Top

receives $700 additional funding; Investing in Innovation receives $150 million, and Head Start receives $340 million

FY12

• FY12 budget proposal released Feb 14 (2012-13 school year)

• Despite tight economic times, including non-defense discretionary budget freeze, education receives historic increases

• Proposal includes massive restructuring in ESEA reauthorization

• Policy shift toward consolidation and competitive grants• Elimination?

• Despite overall increases: – Title I receives $300 million – IDEA received a $200 million increase, falling to

16.5% instead of the promised 40%

FY12

• House Chairman Ryan (R-WI) introduced his Plan for Prosperity

• Cuts the overall budget by $5.8 trillion over ten years. • Non-security discretionary spending is but to pre-FY08

levels and would be frozen at that level for five years. • Essentially, all of the 10-year reduction comes from

cutting non-security discretionary spending. • Specific details on cuts to education remain to be

finalized. That said, I can give an unofficial summary of the Function 500 (education) issues within the resolution: • Cuts discretionary funding for function 500 to the pre-2008 level

of $80 billion for every year through 2020. • For 2011, it cuts funding by $15.7 billion (16.7 percent). • The cut deepens to 25 percent after 2011 and will translate into

a cut of roughly $30 billion per year. • Passed the House 235-193. While Democrats offered several

alternatives, all were voted down. All Democrats opposed, as did four Republicans (Jones (NC), McKinley (WV), Paul (TX), and Rehberg (MT)).

FY12• Full steam ahead. Sort of. Déjà vu?• House is moving along like trains on a schedule. They

anticipate moving 9 of the 12 appropriations bills before the August recess.– LHHS WAS scheduled for markup July 26– The FY12 allocation for the LHHS is $18 (11.6%) billion

below FY11 levels, $7 billion below HR 1 (3.9% below FY08 and roughly equal to the FY04 level). When adjusted for population and inflation, it’s even less than the FY04 allocation.

• Senate is a bit slow, but numbers are ready.– Have yet to officially release a budget.– Conrad released some of his details: $8 billion increase

overall. Within that, Security takes $7 billion cut and non-security increases by $17 billion. The House-passed budget is a cut of $30 billion below FY 11, with defense going up $18 billion and non-security being cut $48 billion.

– Coalition letter to appropriations chairs to put as much money as possible into the 302(b) allocations so LHHS is protected against cuts.

FY12House Appropriations Subcmte was to mark up

the week of September 5 House Appropriations Committee is expected to unveil its CR

9/14 so it is ready for floor action the week of 9/19.  The CR is expected to run through 11/18 and provide funding for disaster assistance. According to CQ: “House Majority Leader Eric Cantor, R-Va., on Monday reiterated his view that the CR will conform to the $1.043 trillion cap in the debt agreement, or only $7 billion below the fiscal 2011 level. Earlier this year, Republicans had hoped to cap fiscal 2012 discretionary spending at $1.019 trillion.”

Senate Appropriations Subcmte to mark up the week of September 19 (Sept 20, to be exact!)

Weigh in and let them know the importance of investing in and protecting education funding

Debt Ceiling House and Senate each skipped a recess to finalize Raised the debt ceiling and established annual spending caps

for the next ten years, includes an immediate reduction of $7 billion in FY12

Creates 12 member ‘Super Committee’ tasked with identifying an additional $1.5 trillion in cuts over the next ten years

If they fail to identify the full $1.5 trillion, we go in to sequestration (across-the-board cuts), which could translate into 6.7 % (or $3 billion) for USED.T This would be in addition to the $1.25 billion cut USED took in the FY11 appropriations process

While the debt ceiling discussions have wrapped up, the Super Committee and spending caps will continue to shape the annual appropriations processes for at least the next ten years.

Super Committee Roster:Senate: Murray (WA), Baucus (MT), Kerry (MA), Kyl (AZ), Portman

(OH), and Toomey (PA)House: Hensarling (TX), Becerra (CA), Camp (MI), Clyburn (SC),

Upton (MI), and VanHollen (MD)

Balanced Budget AmendmentCalls for balanced budget as soon as FY

2018Hard, fast cap on spending

Would freeze spending at 18% of GDPWe are currently at 24%, and the last time we

were at 18% was 1966That predates ESEA, IDEA, and Medicare

Super majority to raise any taxesUrge your members of Congress to

oppose any constitutional amendment to balance the budget.

President’s Job Package President Obama announced his Jobs

Package, The American Jobs Act, last weekIt is focused on infrastructure, including

funds for school modernization and renovation, as well as funds for saving/reinstating/creating educator jobs

Education provisions are located on pages 13-26

Education provisions are broken into two categories: teacher stabilization and school modernization

President’s Job PackageTeacher Stabilization

$30 billionED allocates funds to states in manner

similar to SFSF and EduJobs (60% on share of school aged population, 40% on overall population)

MOE language allegedly strongerUp to 10% of State allocation can be set

aside for state-funded early-learning programs

LEAs have until 9/30/13 to obligate funds

President’s Job Package School Modernization

$25 billion ED allocates funds to state a la Title I share40% of funds are directly allocated by ED to 100 LEAs with the

largest number of children in poverty (NOT including Hawaii, DC, or Puerto Rico)

State allocation reduced by aggregate amount of funds directly received by LEAs in that state in the ‘Top 100’ list

Of remaining state funds, at least 50% must be distributed based on LEAs relative share of Title I, with minimum award of $10,000

Remaining funds allocated through awards (competition?!) with priority for rural

Funds can NOT be used for new construction, routine maintenance or stadiums

LEAs have 36 months to obligate funds

IDEA Full FundingAASA’s #1 legislative prioritySenator Harkin has introduced the IDEA Full

Funding Act (S 1403). We are waiting for the House partner bill.

Rep. Polis has a IDEA funding bill, but our focus is on the Harkin version

Urge your Senator to sign on the S 1403, and talk with your entire Congressional delegation about the funding pressures of IDEA and the importance of protecting and increasing IDEA funding in FY12 and debt ceiling conversations.

IDEA Maintenance of EffortAASA is working to seek a MOE waiver

around IDEAIf feds can cut their effort, and SEAs can

receive waivers, where is the relief for LEAs?

Could be similar to ARRA approachOSEP letter interpretation and

subsequent pushback

Rural Education: REAPRural Education Achievement Program

(REAP)S 567, no House version yet!Transition to new locale codesAllow districts to choose between RLIS

and SRSA fundingSwitch the eligibility poverty measure Shift in the sliding formula from

$20,000 to $25,000 and $60,000 to $80,000.

Rural EducationOffice of Rural Education Policy (S 946)Creates office, within USED, leveraged

to evaluate and provide analysis on USED policies and how they would impact rural areas

Urge your Senators and Representatives to join their respective chamber’s Rural Education Caucus

Education Technology: E-RateFCC program that provides discounts to

help schools and libraries afford telecommunications services

Anti-Deficiency Act (S 297)Raise the spending capWaiting for final action by the FCC on a

host of rules/notices:Gift ruleCIPARoll-over funds

Education Technology: Ed TechTitle II Part D, Enhancing Education

Through Technology, E2T2Zero-funded by the administration,

eliminated by the House in its ESEA eliminations bill

Sen. Bingaman introduced the ATTAIN Act (S 1178), which allows for EETT-type program ($300 m trigger); Rep. Roybal-Allard to introduce partner bill

Child NutritionNSLP/SBP reauthorized last DecemberAASA, NSBA and Council opposed unfunded

mandates within the lawIncreased reimbursement, higher nutrition

standardsSet paid lunch priceSet training and certification requirementsReview indirect cost process

Continue to work on the regulations, which affirm our suspicions

Choice: Vouchers & ChartersVouchers have been the go-to topic in state

legislaturesVouchers played out in FY11 CR debate, and DC

Voucher was reinvigoratedTwo subsequent House efforts around special

education vouchers for military families were defeated

Expect another pushCharters are a priority in the administration and we

see support in both chambersAASA supports public dollars for public schools, and

public school choice, which includes public charters.Latest PDK poll gives vouchers their lowest level of

public support in ten years

Boil it Down to Three Bullets, Noelle!Funding: Education funding is and must be an

absolute priority. Education took a disproportionate hit in the FY11 funding cycle, and our nation and it’s future economic success cannot afford to continue these cuts. Invest first in IDEA and Title I!

ESEA: We want reauthorization, but we know politics will delay it. Provide immediate, targeted regulatory relief by allowing all states to freeze accountability at the 2010-11 level.

Balance: Recognizing the likelihood of cuts, it is prudent to examine the regulations and reporting requirements. As federal support declines, so should federal requirements.

Your AdvocacyWhat can you do? Weigh in early, weigh in

often.These decisions get made whether you

weigh in or not, and your voice carries a lot of weight.

Get to know your Representative/Senator, and especially their education staffer.

Build a regular dialogue.

Your AdvocacyFive minutes a week- schedule an outlook

appointment!Invite the Representative/Senator and

staffer to your district. Anecdotes and stories have a lot of sticking power with this Congress. Let the face of your school be the one that sticks in their mind!

Your AdvocacyAASA Blog: www.aasa.org/aasablog.aspxAASA Weekly UpdateAASA Advocacy NetworkUse your professional organizations, at the

state and local level. We are membership organizations and you are the members!

Questions?

Noelle EllersonAssistant Director, Policy Analysis & Advocacy

AASA

[email protected]

Yes, the slide show will be available.