By Denise-Marie Balona in the Orlando Sentinel:

Florida education officials have been dismayed to learn that $1 billion of the $4 billion federal stimulus designated for schools in the state must be spent on special education and Title 1 schools  — not on paying salaries or saving jobs.

And as school districts whittle spending on sports, the arts and college preparation, federal restrictions are forcing educators to funnel hundreds of millions of dollars into programs for poor and disabled children that might not be needed.

… Bill Montford, who heads the Florida Association of District School Superintendents, said it will be tough to explain that to the public.

“The fact is that there are so many unmet needs and challenges throughout our districts that, sometimes, it’s difficult to justify spending and meeting needs in Title I and ESE [special education] that may appear to be far less serious,” Montford said.

Earlier post here.

From the [Manchester, NH] Union Leader:

Five school districts in New Hampshire have submitted invoices to the U.S. Department of Education seeking payment for more than $23 million in unfunded special education expenses since 1999.

When the Individuals with Disabilities Education Act (IDEA) was passed in 1975, it included a pledge by Congress to shoulder 40 percent of the cost of educating children with disabilities. Yet the federal contribution remains at about 17 percent of the cost, according to a recent memo from the American Association of School Administrators.

… A letter to U.S. Secretary of Education Arne Duncan from the Deerfield School Board reads, “The long and well-documented history of the unpaid federal share to fund special education has strapped districts across the country, and has forced school communities everywhere to reallocate monies from regular education to fund programs and staff in special education.”

Earlier post here.

As local school districts await the arrival of $12 billion in federal stimulus money, Christina A. Samuels writes in Education Week (subscription required) that school districts are grousing about complex federal rules that may prohibit them from diverting their local special education funds for purposes other than special education.

The Individuals with Disabilities Education Act says that when federal funding increases, school districts can shift a portion of their local special education money to other educational purposes. But the U.S. Department of Education has told the states that districts may not divert the funds away from special education if they are not meeting federal standards for educating children with disabilities.

How many districts might be affected is not known.

Only 13 of the 50 states met the federal government’s highest standard, “meets requirements,” in the 2006-07 school year, the latest date for which evaluations are available. The remaining states all fall into the category of “needs assistance” or of “needs intervention.” The Education Department’s contention is that if a state is in any other category than “meets requirements,” it must not divert any of its local special education funding for other purposes, even with the federal windfall coming.

Earlier posts here and here.

President’s budget proposal shows no sign of IDEA campaign pledge

Alyson Klein writes in Education Week (subscription required) that President Barack Obama’s first budget proposal would boost U.S. Department of Education spending by 2.8 percent. “But — not counting massive one-time increases in the recent economic-stimulus legislation-the plan also provides no more than level-funding for special education,” she writes.

While on the campaign trail last year, presidential candidate Obama declared his support for “fully funding” the federal government’s commitment to special education under the Individuals with Disabilities Education Act (IDEA).

That promise seemed to waver when Obama took office, with the White House website edging away from the commitment to “full funding” and replacing it with a promise to seek unspecified “funding” for IDEA.

And yesterday, the Obama administration appeared to dismiss the campaign promise altogether in the budget proposal by maintaining special education funding at historic levels. Yet, the disability “issues” page currently displayed on the White House website still carries a pledge to “expand funding for programs like the Individuals with Disabilities in Education Act (IDEA) that ensure all Americans have access to the tools to succeed.”

The dispute over special education funding is a heated one that has been going on almost since the IDEA was signed into law in 1975. (more…)

From the New York Times, Education Week (subscription required), National Law Journal:

The Supreme Court heard arguments on Tuesday in a case that seeks to determine when taxpayers must pay for private school education for students with disabilities. White House lawyers backed a family’s argument that their child’s private school costs should be covered even though he had not first received special ed services in public school.

The case involves an Oregon student whose school tested him and said he did not have a learning disability that justified special education services. An independent evaluation later revealed that the student had attention deficit hyperactivity disorder, and his parents sued for public funds to cover his private school costs.

The school district says the federal Individuals With Disabilities Education Act allows reimbursement for a special education student’s private school tuition only if the child has previously received publicly financed special education services.

During oral arguments, Justice John Paul Stevens suggested that school districts might have an incentive to refuse to provide special education services if they are only required to pay for private programs for students who previously received publicly funded services.

A similar case ended in a 4-4 Supreme Court deadlock in 2007 when Justice Kennedy recused himself for reasons that were not disclosed.

Earlier post here.

From the Washington Post:

The Supreme Court will consider a case this week which aims to define when public school officials must pay for private schooling to educate children with disabilities – a question that pits beleaguered parents against cash-strapped school districts. Millions of dollars are at stake.

Under federal law, every child with disabilities is entitled to a “free and appropriate public education.” School systems which cannot provide appropriate services must reimburse parents for private school costs. The court is being asked to decide whether schools must first be given a chance to provide services before being required to pay for private school placement.

School officials argue that a ruling in favor of the parents would contribute to soaring public education costs and detract from the education of students with disabilities who remain in public schools. Parents say a ruling in favor of school districts would mean that students would have to fail in their public schools before they could get services in private schools.

Education Week reporter Christina A. Samuels says the federal stimulus special education boost, providing an extra $6.1 billion now and another $6.1 billion to come later this year, comes with restrictions that limit the ways local districts can use the money.

Since the additional funds will only be available for two years, and a provision of the IDEA legislation requires districts to avoid making large cuts in programs from year to year, Samuels says “it’s unwise for districts to use the added funding to start new programs or hire new teachers.”

The stimulus funds will more than double the federal contribution of $11 billion previously appropriated for special education this year.

(more…)