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In This Issue
CEC Weighs in on National Discussion about Use of Restraints and Seclusion
Secretary Duncan Testifies Before Congress
CEF Criticizes Obama Administration's Proposed Freeze of IDEA Funding
Update on the American Recovery and Reinvestment Act (ARRA)
Key Individuals Appointed to Department of Education and White House Positions
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May 22, 2009 

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

CEC Weighs in on National Discussion about Use of Restraints and Seclusion

On Tuesday, the House Committee on Education and Labor held a hearing about the use of restraints and seclusion in public schools.  Witnesses included two parents of children who had been harmed by improper use of restraints, the Director of Special Education for the Illinois State Board of Education, who discussed the state's implementation of positive behavioral supports, CEC/CCBD member, Dr. Reece Peterson of the University of Nebraska, and a representative from the Government Accountability Office (GAO), who reported on an investigation it conducted at the request of Committee Chairman George Miller (D-CA).  
 
The GAO report included detailed disturbing information about thirteen incidents nationwide where students were harmed or killed by the improper use of restraints and seclusion in public schools. Dr. Peterson testified about CCBD's extensive research and recent position statements on the use of restraint and seclusion and emphasized that restraints should be used "rarely in school settings . . . [only] when there is immediate danger of physical injury to someone." Moreover, he advocated for school-wide positive behavior supports and other evidence-based practices. Read CCBD's position summary on restraint and seclusion procedures in schools.

Dr. 

Reece L. Peterson, a 



CEC/CCBD member meets

Dr. Reece L. Peterson, a CEC/CCBD member meets
with Representative George Miller, Chairman of the
House Education and Labor Committee after
the Tuesday's hearing

 

On Wednesday, U.S. Secretary of Education Arne Duncan expressed his grave concern about the information revealed in the hearing, and asked all Chief State School Officers to develop and present him their plans to prevent these incidents before the start of the next school year.
 
This hearing sparked a much needed national discussion on the use of restraints and seclusion.  CEC's Associate Executive Director, Deborah Ziegler, contributed to this by
speaking with NPR, CBS News, and The Washington Post about the appropriate use of restraints and seclusion in schools, and ways to properly manage and prevent challenging behaviors.  CEC, along with representatives from its divisions CCBD and CASE, will join other leaders in the field to discuss this issue with the Obama Administration at the White House next Tuesday.  CEC looks forward to continuing to work with its divisions and the community at large on this important topic.
Secretary Duncan Testifies Before Congress; Dodges Questions about IDEA
 
On Wednesday, the U.S. Secretary of Education, Arne Duncan, testified about President Obama's plan for American education before the House Education and Labor Committee. Duncan focused on how he will build on the reform agenda outlined in the American Recovery and Reinvestment Act, and specifically said he aims to turn around 1,000 low-performing schools a year for the next five years. 
 
In response to aggressive questioning from Rep. John Kline (R-MN) about why the budget level funds IDEA instead of committing to fully funding it, Duncan cited the Administration's support for the massive infusion of funds IDEA received under the American Recovery and Reinvestment Act (ARRA) and stated school districts would continue use and receive ARRA funds throughout fiscal year 2010. 
 
Duncan emphasized the importance of expanding and enhancing early childhood education and asked Congress to fund programs like the Early Learning Challenge Fund. Finally, he discussed the need to develop better strategies to train and retain effective teachers and cited the Administration's proposed increase for the Teacher Incentive Fund as an example of one way to accomplish this goal.
 
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CEF Criticizes Obama Administration's Proposed Freeze of IDEA Funding
 
This week, CEF released its Budget Response to the President's proposed Fiscal Year 2010 budget and briefed Hill staff on the specifics. CEC attended the briefing supports CEF's strong statements about the need to fully fund IDEA.  CEC is a long standing member of the Committee for Education Funding (CEF), which comprises 80 organizations dedicated to the goal of achieving adequate federal financial support for education at all levels. 
 
At the briefing, CEF criticized the Administration's proposed funding freeze on several important programs, including IDEA, by pointing out that a freeze will inhibit programs from adequately handling costs of inflation and rising enrollment. With regard to IDEA, it also pointed out that the budget, "continues the unfortunate trend of failing to provide the promised funds for IDEA or even propos[ing] a timeline for full funding."  CEC has historically fought for full funding of all portions of IDEA, and will fervently oppose the proposed level funding as the appropriations process moves forward. Stay tuned to CEC's website for regular updates about the FY 2010 appropriations process.
 
Update on the American Recovery and Reinvestment Act (ARRA): U.S. Department of Education Approves ARRA Funds for Three More States
 
The Department approved three more state applications for Phase 1 State Fiscal Stabilization Funds, funds released as a part of the American Recovery and Reinvestment Act (ARRA or economic stimulus). In a series of press releases, the Department stated that Indiana, Rhode Island, and Tennessee "can now utilize these funds to save jobs and lay the groundwork for a generation of education reform."
 
Quick State By State Roundup

-Indiana will receive $765 million Phase 1 ARRA funds and will be eligible to apply for another $242 million more before September 30, 2009 for Phase 2.  
-Rhode Island will receive $111 million through Phase 1 ARRA funds and will be eligible to apply for another $54 million more before September 30, 2009 for Phase 2. 
-Tennessee will receive $635 million Phase 1 ARRA funds and will be eligible to apply for another $313 million more before September 30, 2009 for Phase 2. 
 
Read the full Department Press Releases. 
Key Individuals Appointed to Department of Education and White House Positions

U.S. Secretary of Education Arne Duncan announced that Joanne Weiss will lead the development of the "Race to the Top" Fund included in the American Recovery and Reinvestment Act. The fund is meant to encourage states and local school districts to implement innovative education reform to spur improved student success. Weiss previously worked for the NewSchools Venture Fund, a national nonprofit venture philanthropy firm.
 
Read the
Department of Education press release

President Obama announced his intent to nominate Thelma Melendez de Santa Ana to be the U.S. Department of Education's Assistant Secretary for the Office of Elementary and Secondary Education. Melendez de Santa Ana currently serves as the Pomona (California) Unified School District Superintendent.
 
Read the
White House's Press Release. 
 
CEC looks forward to working with both Joanne Weiss and Thelma Melendez de Santa Ana on behalf of children and youth with exceptionalities.
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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