HB 704, the bill on special education funding and accountability reforms, was scheduled for a vote in the whole State House of Representatives on Wednesday, May 26.  The vote has been rescheduled for Tuesday or Wednesday, June 8 or 9.

The biggest reason for the delay is that there is disagreement within both political parties about a tax increase bill (HB 2435).  That bill, along with our special education bill, was scheduled for a vote on May 26.  Due to the lack of consensus on the tax bill, no significant bills were allowed to come up for a vote – including our special education bill.

The second reason for the delay is a set of amendments announced for HB 704.  Legislators must pre-announce their amendments, and several amendments were listed for consideration on HB 704.  Three of these intended amendments – listed below – are not related to special education in any way, but they are being used to get attention for other controversial issues.  The House leaders would prefer for these intended amendments to be withdrawn before HB 704 comes up for debate and a vote on the floor of the House.  Whether our organizations agree or disagree with the subject matter of these three amendments, we do not want them to stand in the way of the interests of students with disabilities.  HB 704 deserves a fair vote on June 8 or 9 without unrelated amendments and without further delay.

Amendment 7143.  Announced by Representative Saylor (R-York County). This amendment would stop the new high-stakes graduation tests being implemented by the state.

Amendment 7144.  Announced by Representative Clymer (R-Bucks County). This amendment would make changes to pre-kindergarten, Head Start, and other early learning programs.

Amendment 7149.  Announced by Representative Miller (R-York County). This amendment would renew and modify state rules for how school districts can ask the Department of Education for waivers from contracting mandates and other legal requirements.

There are also a few additional amendments announced for consideration when HB 704 is debated on June 8 or 9.  The following amendments are related to special education funding and accountability.  The sponsors of HB 704 are talking to the legislators offering these amendments to reach consensus on the issues or perhaps withdraw the amendments.

Amendments 7145 and 7148.  Announced by Representative O’Neill (R-Bucks County). This amendment would remove from HB 704 some of the improvements in the Contingency Fund, which provides resources for districts to help students with very expensive disabilities.  The amendment would treat all districts equally, regardless of poverty or best practices.

Amendment 7146.  Announced by Representative Rapp (R-Forrest & Warren Counties). This amendment would remove from HB 704 a performance variable that would give school districts additional funding for meeting both inclusion and achievement targets for students with disabilities. (About 110 districts would meet these targets in the first year and on average would each receive a total of about $60,000 as an incentive to continue their improved performance.  This modest factor in the new formula would not change IDEA law or the authority of IEP teams for the placement of students.)

Amendment 7147.  Announced by Representative Tallman (R-Adams & York Counties). This amendment would remove from HB 704 the entire section on accountability. (The accountability provisions are intended to ensure that state funding for special education is invested by local schools for the benefit of students with disabilities.  This part of the bill strengthens the existing three-year plans that districts are already required to file with the state.  The General Assembly adopted similar accountability rules for basic education in 2008.)

Amendment 7172.  Announced by Rep. Maher (R-Allegheny & Washington Counties). This amendment would remove from HB 704 the three-variable formula for distributing state funding for special education and replace it with a twelve-variable formula.  The amendment would give a different funding weight to each kind of disability. (The three-variable formula in HB 704 is designed to accurately distribute state funding based on student and district needs, while protecting against incentives for schools to over-identify children or manipulate the system.)

If your state representative is sponsoring one of these amendments, you may want to call him or her to express your concerns – HB 704 deserves their support and a vote without amendments.  Click here for talking points and actions that you can take to help the House vote for and pass HB 704 on June 8 or 9.

For extra help, call or e-mail Baruch Kintisch (215-238-6970 x 320) or Sandy Zelno (412-255-6414).

Additional Resources:

Summary of HB 704 (two-page summary)

Q&A on Special Education Funding Reform (4-page detailed information)

Thank you for getting involved and making good things happen for children with disabilities and all children.