Guidance on the September 2006 LEP Regulations

On Tuesday, the U.S. Department of Education released new guidance on regulations regarding assessment and accountability for recently arrived and former limited English proficient (LEP) students, “Assessment and Accountability for Recently Arrived and Former Limited English Proficient (LEP) Students.”
This guidance provides a summary of the September 2006 regulations related to assessment and accountability for recently arrived and former LEP students. It addresses questions that may help clarify how state educational agencies (SEAs) and local educational agencies (LEAs) can implement the provisions included in the regulations.


The September 2006 regulations on assessment and accountability for recently arrived and former LEP students can be found at: http://www.ed.gov/legislation/FedRegister/finrule/2006-3/091306a.html.
Resources:
Assessment and Accountability for Recently Arrived and Former Limited English Proficient (LEP) Students, U.S. Department of Education, May 29, 2007, http://www.ed.gov/policy/elsec/guid/lepguidance.doc.

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President Nominates New Higher Education Chief

On Tuesday, the U.S. Department of Education (ED) announced that President Bush is nominating Diane Auer Jones to the position of Assistant Secretary for Postsecondary Education.

Prior to her nomination, Jones served as Deputy to the Associate Director for Science in the Office of Science and Technology Policy in the Executive Office of the President. She has also served as Director of the Office of Government Affairs at Princeton University, as well as Program Director in the Division of Undergraduate Education at the National Science Foundation.

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Iowa and Ohio Join the Growth Model Pilot

On Thursday, The U.S. Department of Education (ED) announced approval of two more growth models states, Ohio and Iowa, bringing the pilot total to seven or the ten available pilot openings.

Iowa is immediately approved to use the growth model for the 2006-2007 school year. Ohio's growth model is approved on the condition that the state adopt a uniform minimum group size for all subgroups, including students with disabilities and limited English proficient students, in AYP determinations for the 2006-2007 school year.
All participants must abide by ED’s “bright-line” principles for the growth models:
• Ensure that all students are proficient by 2014 and set annual state goals to ensure that the achievement gap is closing for all groups of students;
• Set expectations for annual achievement based upon meeting grade-level proficiency and not upon student background or school characteristics;
• Hold schools accountable for student achievement in reading/language arts and mathematics;
• Ensure that all students in tested grades are included in the assessment and accountability system, hold schools and districts accountable for the performance of each student subgroup, and include all schools and districts;
• Include assessments, in each of grades 3 through 8 and high school, in both reading/language arts and mathematics that have been operational for more than one year and have received approval through the NCLB standards and assessment review process for the 2005-06 school year. The assessment system must also produce comparable results from grade to grade and year to year;
• Track student progress as part of the state data system; and
• Include student participation rates and student achievement as separate academic indicators in the state accountability system.
Resources:
“Secretary Spellings Approves Additional Growth Model Pilots for 2006-2007 School Year,” U.S. Department of Education, Press Release, May 24, 2007, http://www.ed.gov/news/pressreleases/2007/05/05242007.html

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Early Childhood Issues

On Wednesday, Senator and presidential candidate Hillary Clinton (D-NY) presented the most detailed education initiative of the escalating 2008 presidential campaign.



The proposal would expand pre-kindergarten classes to all children by creating a pre-K matching grant system. States would have to establish high quality plans, as defined by Clinton’s proposal, for making voluntary pre-K services universally available for all four-year olds in the state. In exchange for this plan, the federal government would provide matching grants that would increase over time. Where state-committed and federally matched funds are insufficient for universal access to pre-K, the plan would place a priority on assistance for low-income families and for kids learning English. States would be able to use these funds to expand their Head Start programs.
The federal government would allocate $5 billion in the first year to states to establish and administer universal Pre-K. Over the next five years, the federal commitment would increase to $10 billion as states increase their commitment to Pre-K.
Sen. Clinton’s proposal is a likely indication of proposals to come. Early childhood investment has been popular for years in Washington, but the Brookings Institute has been actively promoting the early education programs by touting the educational and fiscal benefits, something that campaigning politicians are eager to hear in tight financial times. Early childhood investment, argue Jens Ludwig and Isabel Sawhill of Brookings, delivers great return on the investment:
The United States currently spends around $7,300 on elementary and secondary public schooling for each school-age child (five to seventeen years old), for a total of around $530 billion. But family background generates large differences in child outcomes well before children start school and even before they are old enough to participate in the federal government’s preschool program for disadvantaged children. [….]
The program that Brookings has proposed, and that Sen. Clinton is echoing, would provide early intervention and, they claim, generate economic and social benefits that would far exceed the program’s costs while providing efficiency savings to the government throughout the student’s education career. This is a win-win for federal deficit reduction, public education and other related social programs. Accordingly, we can expect to see a number of similar proposals throughout the presidential election cycle and, potentially, in the reauthorization of No Child Left Behind.
Resources:

“Success by Ten: Intervening Early, Often and Effectively in the Education of Young Children,” February 2007, http://www1.hamiltonproject.org/views/papers/200702ludwig-sawhill.htm
“2 Candidates to Roll Out Domestic Proposals,” New York Times, May 21, 2007.
Author: DAD

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Parents May Represent Themselves in IDEA Due Process Cases

On Monday, May 21, 2007, the Supreme Court determined that parents may represent themselves without an attorney when bringing a complaint under the Individuals with Disabilities Education Act (IDEA). Winkelman v. Parma City School District, 550 U.S. ____ (May 21, 2007).

The Supreme Court ruling now permits parents who remain dissatisfied after the administrative determination to file a civil lawsuit on their child's behalf, in federal court, and without an attorney on any IDEA-related claim.
Jeff and Sandee Winkelman are the parents of Jacob, an autistic child receiving special education services. The original complaint alleged that Jacob’s individualized education program (IEP) failed to provide him with a free and appropriate education (FAPE), as required under IDEA. The Winkelmans spent $30,000 in legal fees for representation in the original hearing and before a review office. When the hearing office and then the review office found in favor of the school district, the Winkelmans appealed again, but hoped to represent themselves as they could no longer afford legal representation.
The Winklemans, neither of whom is an attorney, appealed to the U.S. District Court for the Northern District of Ohio. Parma City School District filed a motion to dismiss petitioner’s appeal because they were prosecuting the appeal without a lawyer. On November 4, 2005, before any briefing on the merits of the appeal, the court of appeals granted the motion determining that the Winkelmans had to obtain counsel for the appeal.
More than a year and a half later, Justice Anthony Kennedy, writing for the Court, said, “[p]arents enjoy rights under IDEA; and they are, as a result, entitled to prosecute IDEA claims on their own behalf…. It is beyond dispute that the relationship between a parent and child is sufficient to support a legally cognizable interest in the education of one’s child; and, what is more, Congress has found that ‘the education of children with disabilities can be made more effective by … strengthening the role and responsibility of parents and ensuring that families of such children have meaningful opportunities to participate in the education of their children and at home.’” Winkelman v. Parma City School District, 550 U.S. ____; (citing 20 U.S.C. § 1400(c)(5)).
Justices Scalia and Thomas dissented in part, and argued that while parents could represent themselves under IDEA, they should be limited to only claims relating to personal procedural violations and reimbursement issues.
While this ruling makes it easier for parents to protect their child’s rights, the concern is that it will increase the number of frivolous lawsuits. Parents who were previously hesitant to bring a lawsuit without an attorney may now feel more confident in bringing their cases forward. Parents tend to be unfamiliar with the law, the legal process, and may be less likely to settle cases because they tend to lack third party objectivity, which could make this ruling expensive for schools.
Resource:
Full Opinion located at: http://www.law.cornell.edu/supct/html/05-983.ZS.html
Author: TRW

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House Passes Lobbying Bill

More than a year after the Jack Abramoff scandal brought lobbying and ethics reform to the forefront of the political arena, the House finally passed a new lobbying reform bill yesterday, amid internal strife and multiple accusations from Republican leaders that the bill is a watered-down version of the bill that passed through the Republican House last year. H.R. 2316, the Honest Leadership and Open Government Act, passed by a vote of 396-22, after the minority won two key victories in shaping the bill they criticized as too weak to affect the lobbying and ethics problems on Capitol Hill.

The Democratic leadership brought up two separate lobbying bills yesterday, including H.R. 2317, the Lobbying Transparency Act, which amends the Lobbying Disclosure Act of 1995 to require registered lobbyists to file quarterly reports on contributions bundled for certain recipients. House Republicans were able to amend the bill to require lobbyists to disclose whether they had bundled donation checks for political action committees. The amendment passed 228-192. Republicans were then able to attach the bill as an amendment to H.R. 2316, the larger lobbying overhaul bill.
The bill is now ready to go to conference with S. 1, the lobbying reform package the Senate passed at the beginning of the year. Under the two bills, lawmakers would have to reveal negotiations for private-sector jobs while still serving in Congress and would have to recuse themselves from any legislation where there could be a conflict of interest with potential employers. The lobbying provisions affect only activities involving Congress. They would not apply, for example, to former members who wanted to lobby the administration or state governments. The House bill would double the civil penalties for violating the disclosure rules, from $50,000 to $100,000; the Senate bill would permit fines of up to $200,000.
The biggest difference between the two versions is the Senate’s proposed two-year lobbying ban by former members of Congress. The House rejected a similar provision in the Judiciary Committee markup May 17th, and House members are unlikely to embrace anything beyond the current one-year “cooling off” period before members can cash in and lobby their former colleagues on Capitol Hill.
Resources:
Martin Kady II, “House Passes Lobbying Overhaul,” CQ Today, May 24, 2007.
Author: SAS

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Consolidated Education Tax Credits Proposed

On Tuesday, Representative Rahm Emanuel (D-IL), introduced H.R. 2450, the Universal Education and Lifetime Learning Act, a bill to consolidate and expand the Hope Credit, the Lifetime Learning Credit, and a tuition and fees credit into one education tax credit worth up to $3,000 annually.


A full credit would be available to families making $100,000 annually, while partial credit would go toward families making as much as $160,000. The bill would also provide a refundable 50 percent credit, which could be used for tuition and, notably, for non-tuition costs, such as room and board, books and other supplies. According to Rep. Emanuel, “This bill makes college more affordable and accessible for the middle class and provides a significant investment in ensuring that our workforce remains the envy of the world.” While that statement may be more bravado than reality, a simplification of the IRS paperwork in conjunction with an expansion of the tax benefits is certainly welcomed.
The Senate Finance Committee is scheduled to mark up the bill after the week-long Memorial Day break. We will continue to track its progress throughout the year.
Resources:
“Emanuel, Camp, Bayh Introduce Bipartisan, Bicameral Tax Bill to Make Higher Education Universal,” Congressman Rahm Emanuel, Press Release, May 27, 2007, http://www.house.gov/apps/list/press/il05_emanuel/highered.html
Author: DAD

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House Passes Math and Science Omnibus Bill

On Monday, the House passed H.R. 2272, an omnibus bill that incorporates several bills focused on improving U.S. global competitiveness in math and science. The bill includes language from previously passed bills (H.R. 362, H.R. 363, H.R. 1867, H.R. 1868, H.R. 1068) and is now set to go to conference with S. 761, the America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education and Science (COMPETES) Act, which passed the Senate by vote of 88-8 on April 25.

The House bill reauthorizes the National Science Foundation (NSF) at $21 billion through fiscal 2010. The bill also reauthorizes the National Institute of Standards and Technology for the first time in more than a decade, at a total of $2.5 billion through fiscal 2010. The bill also authorizes $1.5 billion through fiscal 2012, including $664 million in scholarships for math and science majors who commit to teaching those subjects in “high-need” schools, and authorize federal grants through 2012 for early-career scientists and engineers at universities and other organizations. Congress has not set a conference time for the bill yet, but the White House has already spoken out against the “excessive” funding levels.
Congressional leaders have stated their intent to have the bill signed this year, but negotiations over the cost of the omnibus bill and a tightening legislative calendar threaten to undermine this promise.
Resources:
Kathryn A. Wolfe, “Proposed House Math-Science Omnibus Could Ease Conference With Senate,” CQ Today, May 18, 2007.
Kathryn A. Wolfe, “House Wraps Science, Math Bills Into Omnibus,” CQ Today, May 21, 2007.
Author: SAS

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