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In This Issue
CEC Celebrates- HHS Rescinds Medicaid Regulations!!
Health Care Reform Advances: CEC Monitors Impact on Disability Issues
Celebrate this 4th of July by Exercising your Patriotic Strength!
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July 2, 2009 

CEC's Policy Insider is your connection to special & gifted education policy information.

Happy Fourth of July!!!
 
fourth of july

CEC Celebrates- HHS Rescinds Medicaid Regulations!!


The fireworks and celebration began early at CEC this week.  On Monday, Department of Health and Human Services (HHS) Secretary Kathleen Sebelius announced that the administration will rescind all or part of three Medicaid regulations that were previously issued and delay the enforcement of a fourth regulation. Each of these rules, in whole or in part, had been subject to Congressional moratoria set to expire on July 1, 2009.
 
CEC, along with the disability, health and education advocacy communities, worked for over two years to ensure these regulations were not implemented. To achieve this victory, CEC members sent thousands of letters to the Hill and conducted multiple visits with Senators and Representatives to explain the negative impacts these rules would have. Indeed, this issue was second only to IDEA full funding in terms of CEC's advocacy efforts. This victory represents a savings to local school districts and early intervention programs of almost $9 billion dollars. The rescinded regulations ensure that local districts will continue to receive reimbursement for school-based administrative costs and costs of transportation to and from schools, allow beneficiaries to access case management services and retain the scope of services recognized as an outpatient hospital service under Medicare.
 
CEC is pleased its advocacy efforts paid off. 
Read more about CEC's involvement and its many efforts in this area. CEC thanks its members for all of their support and encourages everyone to share this good news!

Health Care Reform Advances: CEC monitors impact on disability issues

The Senate and House have released broad outlines of health care reform legislation. On June 9th, Democrats on the Senate HELP (Health, Education, Labor, and Pensions) Committee released draft legislative language and a summary of their health care reform plan, the "Affordable Health Choices Act." On June 19, the chairmen of the three committees with jurisdiction over health policy in the U.S. House of Representatives, House Ways & Means Chairman Rangel (D-NY), Education and Labor Chairman Miller (D-CA), and Energy and Commerce Chairman Waxman (D-CA), jointly released their discussion draft for health care reform.  Finally, in July, the Senate Finance Committee is expected to release its draft legislation. President Obama has stated he would like health care reform in place before the August recess.

CEC wants to ensure that any legislation eventually passed respects students with disabilities and ensures they are included.  To that end, CEC is monitoring this process to ensure that legislation is affordable, does not exclude for pre-existing conditions, and covers not just acute care, but also long term and chronic issues which often impact students with disabilities. Specifically, CEC is concerned about the effect this legislation will have on Medicaid. Both of the current drafts increase services under Medicaid. Much work is left to be done, however, and many more details need to be provided before CEC can determine whether it will support any particular bill.

One other facet of the healthcare debate which CEC is monitoring is the potential use of reconciliation legislation. If Congress cannot pass free-standing health care legislation by October 15, the Budget Resolution deadline, legislators may use a reconciliation bill. The advantage of using reconciliation legislation is that it cannot be filibustered on the Senate floor, so it only requires a majority vote to pass.  Since 1980, the reconciliation process has been used 18 times and has been initiated by both republicans and democrats. 
 
This year the Senate adopted reconciliation instructions which included both education and healthcare. Since only one reconciliation bill can be approved per year, if reconciliation is used for education, approval of education funding will likely hinge on whether and when healthcare reform passes.
 
CEC continues to monitor this process and will provide periodic updates on it here in the Policy Insider.
 
Read the "Affordable Health Choices Act". 
Celebrate this 4th of July by Exercising your Patriotic Strength!
Advocate to Congress for Funding of Programs for Students with Exceptionalities!!!
 
On July 10, the House appropriations subcommittee, which governs education, will decide how to fund IDEA and the Jacob K. Javits Gifted and Talented Students Education Act when it marks up the FY 2010 appropriations bill. This is an important moment in the budget process: this subcommittee makes the first and possibly the most important decisions about how and where to invest federal dollars in education. Therefore, CEC is urging its members to tell their representatives that fully funding IDEA and increasing funding for the Jacob K. Javits Gifted and Talented Students Education Act (Javits) are essential. 
 
Details: The appropriations subcommittee covers Labor, Health and Human Services and Education. It has a total budget of $160.65 billion, a number allocated to it by the House Appropriations Committee in the end of June. Out of that total pot, the subcommittee will decide how to fund all of the programs it covers.  Its decisions must ultimately be approved by the full House, Senate and the President.  Congressional appropriators, therefore, must attempt to reconcile their allocations with the President's objectives. CEC is concerned because the President recommended eliminating Javits and only funding IDEA at its FY 2009 level, $11.5 billion.
To read CEC's full story about the President's budget request click here. Although the American Recovery and Reinvestment Act boosted education spending and its funds are available through FY2011, the Administration's recommendations fail to acknowledge the decade's long commitment to fully fund IDEA, the great work of Javits, and the negative effect the growing economic crises in the states are having on special and gifted education.
 
Therefore, CEC is asking the subcommittee to allocate the following amounts for special and gifted education:
 
$14,434,200 billion to Part B - Grants to States
 
$774,100 million to Part B 619 - Preschool Program
 
$939,427 million to Part C - Infants and Toddlers
 
Part D:
$181,662 million for State Personnel Development Grants
 
$339,102 million for Personnel Preparation
 
$181,662 million for TA, Demonstration Projects,
Dissemination of Information and Implementation of  Scientifically Based Research
 
$121,108 million for Parent Information Centers
 
$121,108 million for Technology Development, Demonstration
 
$20 million to Jacob K. Javits Gifted and Talented Students Education Act
 
$278,548 million for Research in Special Education
 
Take Action--Two Easy Ways to Advocate for Exceptional Children:
 
1) Send a letter: using CEC's Legislative Action Center to your Congressman explaining why the above programs are important and asking him/her to fund them according to CEC 's recommendations. The LAC is easy to use. Just enter your zip code, personalize the letter we have already drafted for you and click send.  It's easy to help!
 
2) Make an Appointment: Congress is not in session during June 29-July 6 and many Congressmen will be in their districts during that time. This is an excellent opportunity for CEC members to advocate for special and gifted education funding. Find out the contact information for your Member of Congress and make an appointment today!
 
Congress's Next Steps: The House Appropriations Committee is scheduled to consider the subcommittee's mark ups on July 14.  Following this, the bill will go to the House floor and the full chamber will vote on it. The House's floor vote is tentatively scheduled for July 21. The Senate's schedule is unclear at this time. 
 
Stay tuned to CEC's Policy Insider for updated information.
 
The Policy Insider is a publication of the Council for Exceptional Children (CEC).  Subscribers may distribute published content for educational purposes only. © Council for Exceptional Children (CEC). All rights reserved.

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