2011 ACTION:  The bills for reforming the state system of funding and accountability for special education were re-introduced in June 2011.  [...]]]> 2010 ACTION:  In 2010, House Bill 704 was passed by the House with bi-partisan support (173 to 25) and came close to getting a vote in the Senate.  We just ran out of time.

2011 ACTION:  The bills for reforming the state system of funding and accountability for special education were re-introduced in June 2011.  A hearing was held in the Senate Education Committee in November 2011, with witnesses from the Arc of PA, the Education Law Center, and the Sto-Rox and Lancaster school districts.

Senator Patrick Browne (R-Allentown) and Representative Bernie O’Neill (R-Bucks County) are now the lead sponsors.  Senator Dinniman (D-West Chester) and Representative Sturla (D-Lancaster) are also supporting the legislation.

Check out the bills and the list of cosponsors for Senate Bill 1115 and House Bill 704.  Thanks to your phone calls, there are now 29 cosponsors on the Senate bill and 56 on the House bill.  Click here for a detailed summary of the bills.

Note that SB 1115 will be the vehicle for adopting the special education reforms in 2012.  We expect the House to vote on SB 1115, not HB 704.  The two bills are identical, but only the Senate bill will get voted on.

MOST RECENT AMENDMENT TO SB 1115:  Senators Piccola, Dinniman, and Browne have recently agreed to final changes to the bill. This clears the way for a vote in the Senate Education Committee.  In general, the changes improve the bill by protecting the proposed formula for more effectively distributing special education funding from the state.  In addition, two new provisions were added to provide more help for students with severe disabilities and to shift funding from state-level administration to go more directly to services for students with disabilities.

Please take a minute right away to click on the bill numbers below and see whether your Representative and Senator have signed on as cosponsors.
If you do not see their names, give a quick call to their Harrisburg office [...]]]> The special education reform bills have been introduced and are now on their way.

Please take a minute right away to click on the bill numbers below and see whether your Representative and Senator have signed on as cosponsors.
If you do not see their names, give a quick call to their Harrisburg office and ask them to immediately cosponsor this legislation.

If your representative and senator are already listed as cosponsors, call them to say a big “Thank you!”

The new bill numbers are House Bill 704 (yes, the same number as last year) and Senate Bill 1115.

Both bills are identical. Both are the same as the major reform legislation helping students with disabilities that we all worked so hard on last year. As you know, in 2010 House Bill 704 was passed by the House with bi-partisan support and came close to getting a vote in the Senate. We just ran out of time and had to start over in the 2011-12 session.

The newly re-introduced House and Senate bills fix the distribution and accountability of state funding for special education, aimed at improving opportunities to learn for children with disabilities.

You can find the Harrisburg phone number for your senator and representative here — http://www.legis.state.pa.us/cfdocs/legis/home/findyourlegislator/#address. Call their Harrisburg offices in the Capitol.

Talking points are enclosed below:

TALKING POINTS for calling the Harrisburg office of your own state senator and representative

· Please immediately add your name as a cosponsor for the special education reform bill, House Bill 704 or Senate Bill 1115. These bills have just been introduced.

· The lead sponsors are Representatives O’Neill and Sturla and Senators Browne and Dinniman.

· I am asking you to support reform of the state funding and accountability system for special education.

· This legislation was approved 173-25 by the full House of Representatives in 2010, and is now being re-introduced. The bill does not call for any new funding in 2011-12.

· The current funding system is broken, is unfair, and does not provide enough resources for special education in the right places. It sets the number of students eligible for state funding for special education at 16% regardless of whether the school district has fewer or more students receiving special education. It also does not focus the funding on strategies that have a track record for improving student performance.

· The school districts you represent need support for special education, and must be held accountable for results. The new bills address these issues.

· I have personal experience with how this broken system hurts children with disabilities and all students. (Describe your experience.)

· Thank you for supporting this important issue and signing on as a cosponsor of HB 704 and SB 1115.

· I will call back in a day or two to follow up.

WHO
All students, parents, advocates, and concerned citizens from ALL parts of Pennsylvania. (Especially, but not only folks in Chester and Delaware Counties.)

WHEN
Right now. [...]]]> WHAT
Contact state Senator Dominic Pileggi, Majority Leader, and ask him to allow a vote on House Bill 704 for special education funding and accountability reforms.

WHO
All students, parents, advocates, and concerned citizens from ALL parts of Pennsylvania. (Especially, but not only folks in Chester and Delaware Counties.)

WHEN
Right now. The official legislative session will end in a couple of weeks, so we could run out of time for this year if things are delayed.

HOW
Call Senator Pileggi’s Harrisburg office at (717) 787-4712 and leave a detailed message. Also, send him a polite and personal e-mail to dpileggi@pasen.gov.

WHY
On September 21 the Senate Education Committee held a hearing about HB 704. The Committee indicated that they will only vote for HB 704 if Senator Pileggi, as the Senate Majority Leader, first gives his approval for a vote both in Committee and on the Senate floor. We have met with most senators and know that we can win these votes if Senator Pileggi allows them to happen during the next couple of weeks.

A Summary of HB 704 is linked in the right margin. Watch our video from the 21st and hear what supporters are saying.

TALKING POINTS

These talking points will work for Senator Pileggi (contact him first even if you live outside Chester or Delaware Counties) or any other state senator.

• Please support House Bill 704 in the Senate Education Committee and on the Senate floor. HB 704 deserves your support and a vote before the end of the year.
• I am asking you to support reform of the state funding and accountability system for special education.
• HB 704 has 66 bipartisan cosponsors. It was approved 173-25 by the full House of Representatives in June.
• The current funding system is broken, is unfair, and does not provide enough resources for special education in the right places. It sets the number of students eligible for state funding for special education at 16% regardless of whether the district has fewer or more students receiving special education. It also does not focus the funding on strategies that have a track record for improving student performance.
• The school districts you represent need additional resources and support from the state, and must be held accountable for results.
• I have personal experience with how this broken system hurts children with disabilities and all students. (Describe your experience.)
• Thank you for supporting this important issue and voting for HB 704.

10:00 a.m. on Tuesday, September 21 in Room 8, East Wing, Capitol Building in Harrisburg.

Representative Sturla (our lead sponsor) will testify and present the bill to the Committee for consideration.

The East Wing [...]]]> The Senate Education Committee will meet and discuss our legislation for special education funding and accountability reforms, HB 704, at –

10:00 a.m. on Tuesday, September 21 in Room 8, East Wing, Capitol Building in Harrisburg.

Representative Sturla (our lead sponsor) will testify and present the bill to the Committee for consideration.

The East Wing is directly behind the main Capitol building, down an escalator and to the right.

PLEASE ATTEND THIS HEARING. BRING OTHERS WITH YOU. This is our one big chance in the Senate before the end of the year.

Consider scheduling a meeting or two with state senators from your area, after the hearing on Tuesday. Staff for your senator(s) are likely to be available, even on short notice.

The Senate Education Committee will hold a hearing at 10:00 a.m., Tuesday, September 21, 2010 on House Bill 704. The hearing will take place in Room 8, East Wing, Capitol Building. We’re encouraging people to attend and show their support.

House Bill 704 is [...]]]> ATTENTION: Disability Advocates, Parents, and Concerned Citizens

The Senate Education Committee will hold a hearing at 10:00 a.m., Tuesday, September 21, 2010 on House Bill 704. The hearing will take place in Room 8, East Wing, Capitol Building. We’re encouraging people to attend and show their support.

House Bill 704 is our legislation for special education funding and accountability reforms. The bill makes important improvements to benefit the education of children with disabilities.

The Pennsylvania House of Representatives approved HB 704 in June by an overwhelming vote of 173 to 25.  The bill is now in the Senate. At the hearing, Representative Sturla (our lead sponsor) will testify and present the bill to the Committee for consideration.  It’s important we show our strength at this hearing.

For more information about attending the hearing contact the Education Law Center’s Baruch Kintisch or Sandy Zelno.

PA_students_with_disabilities_deserve_better

OP-ED: Pa. students with disabilities deserve better

Updated: 07/15/2010 01:12:15 PM EDT

There’s been a lot written recently about a piece of legislation that would create new state laws for special education funding [...]]]> The York Dispatch ran an op-ed from the Education Law Center today, explaining the hold harmless provision of House Bill 704:

PA_students_with_disabilities_deserve_better

OP-ED: Pa. students with disabilities deserve better

Updated: 07/15/2010 01:12:15 PM EDT

There’s been a lot written recently about a piece of legislation that would create new state laws for special education funding and accountability.

Let’s be clear: The reforms in House Bill 704 are needed because special education was left out when the General Assembly enacted basic education reforms in 2008. Students with disabilities should not be left out of these important reforms and deserve better. These children have waited long enough for the state to pay attention to their needs. The Senate should act before the end of the year to consider and approve HB 704.

Under HB 704, state funding for special education will be distributed based on the actual needs of students and schools. Schools will be held accountable for effectively investing these resources, without creating excessive bureaucracy or paperwork requirements. HB 704 also revises the reforms made for basic education to better match the needs of the special education system and to reflect the lessons learned since 2008. These are huge steps for improving educational outcomes for students with disabilities.

But what does it mean?

For the last two years, no formula was used to distribute special education funding to Pennsylvania’s public schools — school districts received the same funding they received the prior year, regardless of any change in the number of students with disabilities or other cost factors in the schools. The formula used for the past 16 years — from 1992 to 2008 — mistakenly assumed that 16 percent of all students in each district need special education.

Many districts have a percentage that is higher than this. For example, York City, Hanover Public and West Shore school districts report more than 18 percent of their students require special education services.

The new formula established under HB 704 will solve this problem in a fair manner. State funding will be distributed based on an objective formula that takes into consideration actual student counts, local cost and tax factors, and variations in educational expenses for students with disabilities who need different intensities of services and supports.

But this isn’t just about money. It’s also about strengthening the accountability system to provide confidence to taxpayers that education investments for students with disabilities are being made based on research, best practices, careful planning and transparent reporting.

Despite these huge improvements proposed in HB 704, some have criticized the bill for also containing a requirement that no school districts will receive a cut in funding.

One reason for including this requirement is that no bill — even very good ideas like HB 704 — can receive approval in the General Assembly if it cuts funding for some while increasing funding for others. Redistributing the wealth isn’t popular in the Capitol.

This is unfortunate, but it’s political reality. On balance it makes sense for the General Assembly to approve HB 704, even with the hold harmless provision. Here are four reasons why:

First, the state contributes only 32 percent of total spending for special education. The federal government pays only 14 percent. Nearly all schools need more special education funding to relieve local tax pressures, although some need a lot more than others.

Second, since 2003 the annual increase in state funding for special education has averaged only 1.7 percent per year. This has not kept pace with overall inflation (more than 3 percent growth per year), with medical sector inflation (nearly 10 percent growth per year), or with increased numbers of Pennsylvania students with disabilities (2.6 percent growth per year).

Third, the number of students is just one factor in the funding system under HB 704. Some districts with fewer students but higher poverty and higher property taxes may actually need and receive slightly more funding under the legislation.

Fourth, the state funding system for special education has been broken for so long that the current levels received by each district bear no relationship to the needs of the students in that district. The most important priority is to fix the system. State officials can monitor the new system over time and adjust the distribution formula to better match local needs.

Ultimately, the new formula and accountability system in HB 704 looks ahead, not back. No formula by itself can solve all of the problems faced by school districts and their students with disabilities.

For example, strong advocacy will be needed in future years to encourage the General Assembly to match annual funding levels with changes in the number of students needing special education and with the rising cost of providing the services and supports needed to help them succeed in school.

Equally strong advocacy will be needed to ensure that scarce state resources are not siphoned off every year to provide undeserved increases to school districts with falling special education costs. We hope that many legislators will oppose unjustified funding increases in the future, even if they continue to demand no cuts.

The funding and accountability reforms in HB 704 will make these protections and improvements more likely over the long run.

Our schools can do much better and our children deserve better. Everyone in Pennsylvania benefits when students with disabilities receive an education preparing them for meaningful employment, higher education and self-sufficiency.

– Baruch Kintisch is the director of policy advocacy for the Education Law Center.

David Mekeel: Changes to special ed-funding needed

For two decades, public school districts have received state funding for special education the same way.

State Rep. P. Michael Sturla hopes to change that.

The Lancaster County Democrat has authored a bill that would fundamentally [...]]]> A good column on HB 704 from the Reading Eagle‘s David Mekeel:

David Mekeel: Changes to special ed-funding needed

For two decades, public school districts have received state funding for special education the same way.

State Rep. P. Michael Sturla hopes to change that.

The Lancaster County Democrat has authored a bill that would fundamentally change special-education funding – eventually.

“The system has basically been flawed since it was changed 20 years ago,” Sturla said. “It makes the incorrect assumption that 16 percent of all students across the board have special needs.”

Right now, all 500 school districts are given special-education funding based on 16 percent of their student population. But while 16 percent of students in the state are in special education, Sturla said, the distribution of those students isn’t uniform from district to district. Passed by the House about two weeks ago, House Bill 704 would instead divvy up special education funds on more of a case-by-case basis.

The main change would be that districts would get funding based on the actual number of special-education students in the district, not simply a generalized 16 percent.

“The funding would reflect the actual numbers and the needs of an individual school district,” Sturla said.

The new system also would financially reward districts for successfully showing that students with moderate needs have improved enough to no longer need services.

Worried that such incentives could lead to districts playing the system, the bill calls for penalties for districts that mainstream students and can’t show that the students no longer need services, Sturla said.

While special-education funding has been a long-fought battle for Sturla – he’s been working on it for 15 years – he knows that his new bill isn’t a quick fix. To get it through the House, he said, the bill had to stipulate that the new funding formula would apply only to new money.

“It will probably take 10 years for everything to balance out,” he said.

And since special-education funding hasn’t gone up in the past few years, and likely won’t for the next year or two, it could be awhile until the bill’s impact is felt.

And, Sturla added, the state Senate doesn’t seem to be in a rush to act on the bill because no new special-education money is on the horizon. But Sturla says now is the time to act, so that when new money is available, a fair, sensible system is in place.

Originally Published: 7/9/2010

Changes to special ed funding needed

Contact David Mekeel: 610-371-5014 or dmekeel@readingeagle.com.

State funding for special education was not cut for 2010-11. Every school district will get the same state funding it received in 2008-09 and 2009-10. Your advocacy on House Bill 704 deserves credit for protecting [...]]]> The state budget was finalized on time, much faster than anyone expected. Click here to read ELC’s budget analysis.

State funding for special education was not cut for 2010-11. Every school district will get the same state funding it received in 2008-09 and 2009-10. Your advocacy on House Bill 704 deserves credit for protecting this line item in the budget, which avoided the cuts absorbed by most other programs. Of course, you are well aware that the high inflation rate for many special education services and programs threatens the needs of children even with “flat” funding.

The quick resolution of the budget means that there was not enough time for the sponsors of House Bill 704 to negotiate with the Senate about approving the special education reforms. We will work over the summer so that the Senate can promptly hold hearings and vote on HB 704 in September.

Thank you for hanging in there for a couple of extra months. With your help, we should see our legislation signed into law while the flowers are still blooming in September and before the leaves start falling from the trees.

Check back here for updates during July and August. Click on the links in the right margin to read the summary of the changes made in HB 704 as the House voted to approve the bill in June.

Let us know what else we can do to support your work.

Special_ed_funding_change_passes_in_Pa._House

Read the full story:

Special ed funding change passes in Pa. House

ANDREW SHAW | The York Dispatch

Updated:06/28/2010 01:04:41 PM EDT

Special education funding reform is now before the state Senate after a bill [...]]]> The York Dispatch’s Education Reporter Andrew Shaw published a story Monday on the House passage of HB 704:

Special_ed_funding_change_passes_in_Pa._House

Read the full story:

Special ed funding change passes in Pa. House

ANDREW SHAW | The York Dispatch

Updated:06/28/2010 01:04:41 PM EDT

Special education funding reform is now before the state Senate after a bill that would greatly change the funding formula was passed by the House.

The House last week overwhelmingly approved a bill, 173-25, that would move Pennsylvania away from a flat funding method.

State Rep. Will Tallman, R-Reading Township, was the lone York County dissenter.

Tallman said he supports increased special education funding but believes the state is adding too much additional oversight.

School districts have been getting special education funding based on the assumption each district has 16 percent of its total enrollment in special education. That formula has been in place since 1991, according to state Rep. Mike Sturla, D-Lancaster, who developed the bill.

Under the proposed legislation, school districts would receive funding based on the number of special-education students they have, as well as on factors such as district poverty level.

A district can’t have its funding decreased as a result of the bill — there’s a measure to prevent that, even if the district has less than 16 percent of students enrolled in special education.

The General Assembly would decide in each year’s budget how much to appropriate for special education, and the new formula would be used to figure out how much districts get.

York City School District would likely be the biggest winner if the bill is passed, as its poverty and special education level — nearly twice the 16 percent rate — would greatly increase funding.

The bill is now before the Senate.

State Sen. Pat Vance, R-Cumberland, said she has many questions about how issues of “over-identification” will be dealt with.

Over-identification is the concern that districts could, in theory, identify more students as having special needs in order to get more money.

The bill includes a call for the state to conduct reviews of districts that have large increases in special-education numbers.

Sen. Jeffrey Piccola, R-Dauphin, the education committee chairman, said he has not looked at the bill in depth enough to comment.

Help provide services: The bill has a three-tier system in how districts can classify their special-education students for funding purposes, so that districts with more students with more extreme needs are eligible for additional funding.

Schools are already required to provide special-education services for any student who needs them, regardless of cost, whether that means a classroom aide or a specialized school in a different town with 24-hour care.

Some districts just don’t have the funding for that or can only offer bare essentials, and, unless a parent can successfully sue them, the child might not get the proper services, said attorney Baruch Kintisch.

Kintisch is the director of policy for the Education Law Center, a Philadelphia-based legal advocate group promoting the rights of public school children. The bill would help solve those inequities, he said, and get better funding to schools.

“They just can’t do everything they want to for the students with disabilities. It’s heartbreaking,” Kintisch said.

– Reach Andrew Shaw at 505-5431, ashaw@york dispatch.com or twitter.com/ydblogwork.

The state House has taken a first step toward revamping the funding formula for special education.

While that is a positive step forward, getting to this point should not have been so [...]]]> Special education funding reform is “long overdue,” says the Beaver County Times in their editorial from Sunday, June 27, 2010:

It’s about time