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President Signs Legislation to Double IDEA Funding:
CEC and Special Educators Land Historic Victory

After 34 years of advocating for full funding of the Individuals with Disabilities Education Act (IDEA), CEC and its members have much to be proud of.

Until recently, the prospect of achieving full funding seemed daunting at best. But on Feb. 17, President Barack Obama signed legislation investing $12.2 billion into IDEA over two years, which more than doubles current funding for IDEA programs. This represents an unprecedented infusion of funding into special education and early intervention.

Never before has the federal government made such an investment in special education. It is the culmination of decades of advocacy and leadership by CEC and its members, who serve on the front line of educating children and youth with disabilities.

As any special educator will attest, 1975 marked a pivotal year for children and youth with disabilities when President Gerald Ford signed into law the Education of All Handicapped Children Act (PL 94-142). IDEA’s predecessor provided all children with a free and appropriate public education. With PL 94-142 the federal government committed to assisting states with the additional cost of educating students with disabilities by covering 40 percent of the average per-pupil expenditure – the amount better known as full funding.

Thirty-four years later, this amount has never exceeded 18 percent. For decades, the lack of federal investment in IDEA has forced states and districts to bear a disproportionate share of the fiscal burden that comes with providing special education and early intervention, further straining systems that have been stretched thin for years. Thus 2009 marks another critical year for special education, now that the federal government has finally taken a respectable step toward achieving full IDEA funding.

In addition, Congress and the Obama Administration have spent the last two months crafting legislation to respond to the national economic crisis that has affected many state budgets, resulting in cuts to programs and personnel and general fiscal unrest. Education is certainly not immune to budget crises – in fact, it often feels the recession from all angles, as school districts reduce spending and children of families who have suffered job layoffs or foreclosures attend school daily.

Knowing this, CEC -- together with national organizations representing governors, state legislatures, education, and disability communities -- advocated for a dramatic investment in IDEA as part of the economic stimulus package, officially known as the American Recovery and Reinvestment Act (ARRA). CEC and its members conveyed to policymakers how an investment in IDEA would preserve programs, prevent layoffs, and free up resources for other critical initiatives.

In recent weeks, CEC and its members successfully battled opposition that sought to reduce the investment in special education by half, a victory unto itself. It was this most recent effort – drawing upon three decades of steadfast advocacy – that resulted in Congress agreeing to double funding for IDEA programs over two years.

While this infusion of federal funding into IDEA represents the largest increase ever for special education, it still falls short of the 40 percent promised in 1975. CEC recognizes that Congress cannot in one year provide enough funding to compensate for three decades of fiscal neglect. Therefore, the Council will continue to work with congressional leaders to ensure that the new funding level serves as a baseline for future increases and that a steady, substantial increase in special education funding is a priority for years to come.

CEC-supported initiatives in ARRA include:

• $11.4 billion for IDEA grants to states for school-aged students (Part B).
• $400 million for IDEA’s Preschool Program (Part B Section 619).
• $500 million for IDEA’s Infants and Toddlers With Disabilities Program (Part C).
• $680 million for rehabilitation services and disability research.
• $13 billion for the Education for the Disadvantaged, of which $10 million is allocated for Title I formula grants and $3 billion for School Improvement Grants.
• $250 million for the Institute for Education Sciences.
• $53.6 billion for a State Fiscal Stabilization Fund, 83 percent of which must be used to restore state support for elementary and secondary education to the 2008 or 2009 level (whichever is greater), whereby a local education agency may use this funding for any program authorized by IDEA, the Elementary and Secondary Education Act/No Child Left Behind Act, or the Carl D. Perkins Career and Technical Education Act. The remaining 17 percent may be used for public safety or other government services (which may include education and higher education).
  • State Incentive Grants: The U.S. Secretary of Education may award incentive grants to states that have made significant progress in achieving equity in teacher distribution, establishing a longitudinal data system, and enhancing assessments for students with disabilities and English language learners. 
  • Innovation Fund: $650 million may be awarded by the U.S. Secretary of Education to recognize school districts, partnerships between nonprofit organizations and state education agencies or school districts, or school consortiums that have made significant gains in closing achievement gaps.
• $250 million for state longitudinal data systems.
• $200 million for a Teacher Incentive Fund.
• $650 million for education technology.
• $1.1 billion for Early Head Start and $1 billion for Head Start.
• $2 billion for the Child Care and Development Block Grant Program.
• Extending to July 1, 2009, the moratoria for several controversial Medicaid regulations that would cut or eliminate reimbursement for targeted case management, transportation, rehabilitation, and administrative claiming.

Going forward, CEC plans help special educators understand the ramifications of these economic stimulus provisions and how to effectively and efficiently use the money to improve educational outcomes for children and youth with disabilities. CEC also stands ready to collaborate with the Obama Administration and Congress to ensure all children and youth receive the high-quality education they need and deserve.

Read the official CEC press release celebrating the passage of the economic stimulus bill.

CEC’s Policy Initiatives

CEC recently unveiled its 2009–2011 U.S. Public Policy Agenda, a blueprint for CEC’s policy initiatives over the next two-year congressional cycle. At this time, there are numerous policy challenges and opportunities that directly impact children and youth with exceptionalities and special education professionals.

CEC is committed to ensuring that its members’ voice is heard in public policy forums where special education decisions are made or influenced. While there are many legislative areas of concern to CEC members, CEC’s Public Policy Agenda represents those indicated as priorities. It is not intended to be an exclusive list, but rather serves as a guideline for the Council’s policy and advocacy work.

CEC’s policy initiatives include:

• Honoring Congress’ pledge to fully fund the Individuals with Disabilities Education Act and Elementary and Secondary Education Act/No Child Left Behind Act, rejecting years of broken promises to America’s school children, educators, and communities.
• Ensuring students with disabilities and gifts and talents are meaningfully included in assessment and accountability systems within local, state, and federal education systems.
• Ensuring that students with gifts and talents are equitably and appropriately identified and served in an effort to grow America’s domestic talent pipeline.
• Addressing persistent personnel shortages in the recruitment, retention, and professional development of special education professionals – including teachers, administrators, higher education faculty, and researchers. Despite increases in the number of children and youth requiring special education services, personnel shortages for special education and related services professionals continue to exist.
• Addressing the dropout crisis and postsecondary opportunities for students with disabilities.
• Ensuring that medical services provided through Medicaid to children and youth with disabilities by school districts and early intervention programs remain intact.
• Publishing the final regulations for IDEA’s Infants and Toddlers with Disabilities Program (Part C).

Read CEC’s 2009-2011 Policy Agenda.

Continued Commitment to Advocacy for Children and Youth with Disabilities

As the 111th Congress gets underway and the Obama Administration sets its priorities, it is critical that CEC and its members continue to be active advocates for children and youth with disabilities and the professionals who work on their behalf. As we have seen, the collective voice of CEC members helps secure policy victories. CEC encourages you to become involved today!

Three ways to become an effective advocate:

1. Sign up for CEC’s Policy Insider, a free, weekly e-newsletter that provides updates on the latest policy issues impacting CEC members.
2. Become a CEC Congressional Liaison. Do you have a good professional or personal relationship with a member of Congress or their staff? Or are you interested in developing a relationship with a policymaker?  If so, let CEC know that you would like to enhance our ongoing advocacy efforts.
3. Interested in becoming more involved but unsure of how to go about it? Every CEC unit and division has a Children and Youth Action Network (CAN) Coordinator who serves as a policy liaison. E-mail Elisabeth Williams for more information.

CEC Today is a publication of the Council for Exceptional Children (CEC). CEC members may distribute published content for educational purposes only. © Council for Exceptional Children (CEC). All rights reserved.