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Congress Returns to Face ESEA, Ed. Funding Issues

By Alyson Klein 鈥 September 06, 2011 8 min read
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Congress returns from its summer recess this week with a full plate of unfinished business on the future of K-12 spending and policy鈥攁 tall order in Washington鈥檚 polarized political climate.

Federal lawmakers, who have already had two protracted battles this year over budget issues, must finish the appropriations bills for fiscal 2012. The budget process is complicated by the work of a new panel created as part of a deal to raise the federal debt ceiling and charged with finding ways to significantly cut the deficit over the next decade.

The panel鈥檚 recommendations, due in November, could have a dramatic impact on discretionary federal spending, including for education.

Lawmakers are also continuing to ponder reauthorization of the Elementary and Secondary 91制片厂视频 Act, although the U.S. House of Representatives and the Senate are taking far different approaches to the long-stalled renewal, which few observers expect to be completed this year.

At the same time, the Obama administration is preparing to offer states waivers of parts of the current version of the law鈥攖he No Child Left Behind Act鈥攊f they are willing to embrace reform priorities expected to be outlined later this month.

The upcoming spending battles have broad implications for the waiver plan and for ESEA reauthorization in general, said Kate Tromble, the director of government relations for the 91制片厂视频 Trust, a Washington-based advocacy group for disadvantaged and minority students.

鈥淲hat happens with the funding is going to be the biggest thing to watch this fall,鈥 she said. Creating 鈥渁 new generation鈥 of the NCLB law will 鈥渞equire some money. It鈥檚 difficult to figure out how you continue moving forward鈥 on education redesign if there are significant cuts, she added.

And advocates are keeping a close eye on President Barack Obama鈥檚 scheduled Sept. 8 address to Congress, in which he is expected to outline his plan for jump-starting the nation鈥檚 sluggish economy and putting more Americans back to work. Some are pressing for new money for K-12 schools, including funds to prevent further teacher layoffs and to revamp aging school facilities.

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The deficit-reduction panel, nicknamed the 鈥渟upercommittee,鈥 was created this summer as part of a compromise between President Obama and congressional leaders on raising the debt ceiling.

It is made up of 12 lawmakers鈥攖hree Democrats and three Republicans from each chamber鈥攁nd is tasked with drafting legislation to carve at least $1.2 trillion out of the budget deficit over the next 10 years.

Members of the panel have until Nov. 23 to come up with a plan. Their colleagues can then pass it or reject it, without the opportunity to make changes.

The committee has broad authority and is permitted to suggest specific spending levels for domestic programs, including education. But few expect the panel will take that route. Instead, committee members are more likely to consider education in the context of overall domestic, discretionary spending, which also includes many health, jobs, and environmental programs.

Regardless, education proponents are watching the panel鈥檚 work closely. If the committee can鈥檛 reach agreement鈥攐r if Congress rejects its plan鈥攄eep cuts kick in that would affect almost every federal program.

The Center for Budget and Policy Priorities, a research organization in Washington, is predicting an across-the-board cut of 9 percent for affected programs in nondefense agencies鈥攊ncluding the U.S. Department of 91制片厂视频鈥攊f the committee doesn鈥檛 come up with a viable alternative.

That would amount to roughly a $4 billion slice out of the 91制片厂视频 Department鈥檚 nearly $70 billion budget, according to the Committee for 91制片厂视频 Funding, a Washington-based lobbying coalition.

鈥淭he biggest threat to education is if the [supercommittee] doesn鈥檛 do what it鈥檚 supposed to do,鈥 said Joel Packer, the executive director of the CEF.

Budget Battles

Meanwhile, advocates also are keeping a wary eye on fiscal 2012 appropriations legislation. Mr. Obama asked for $77.4 billion for education, a 10.7 percent increase, in part to help cover the rising cost of Pell Grants, which help low-income students pay for college.

But supporters agree that the overall increase is unlikely to materialize.

鈥淎t best, we will wind up with a freeze,鈥 Mr. Packer said. 鈥淭here will probably be cuts to some programs.鈥

What would be particularly vulnerable are programs that the president slated for consolidation in his budget request for fiscal 2012, which begins Oct. 1. Many long-standing 91制片厂视频 Department programs, such as state grants for educational technology, were scrapped after a budget standoff earlier this year that nearly resulted in a government shutdown.

But some programs that House Republicans and the Obama administration sought to eliminate skated by, including the $52 million Elementary and Secondary School Counseling program.

Now, champions of those programs are worried their luck may not hold.

For instance, the American School Counselors Association is informing lawmakers about the impact the counseling program has in their districts, said Amanda Fitzgerald, the organization鈥檚 director of public policy.

Even some of the president鈥檚 priorities are on shaky ground. The high-profile Race to the Top and Investing in Innovation grant programs, originally part of the 2009 federal economic-stimulus program, received small increases in fiscal 2011. But those programs may be susceptible this year, as lawmakers seek to significantly reduce spending.

To get new money for those programs last year, administration officials likely made it clear to Congress that they were his highest priority, said Jennifer Cohen, a senior policy analyst for the Federal 91制片厂视频 Budget Project at the New America Foundation, a Washington think tank.

鈥淚t鈥檚 hard to say whether the president is going to put all his weight behind the same program two years in a row,鈥 she said.

Job Creation

The first part of what could be another spending showdown could begin this week, when President Obama is expected to unveil his plan for spurring job creation.

School construction proponents are urging the administration to close certain tax loopholes and funnel the savings to school maintenance and repair. The 21st Century Schools Fund, a research and advocacy organization in Washington that promotes high-quality facilities, would like to see Mr. Obama put $50 billion toward upgrading schools.

鈥淭here is an enormous backlog鈥 of construction projects, said Mary Filardo, the group鈥檚 executive director. 鈥淎t the same time, we have skilled trades people out of work in communities across the United States.鈥

Mr. Obama gave those advocates reason to be optimistic during an Aug. 30 interview on 鈥淭he Tom Joyner Morning Show,鈥 a nationally syndicated radio program.

鈥淲e鈥檝e got a lot of stuff that needs to get done,鈥 he said. 鈥淭here are schools all across the country that right now you could put people to work fixing up.鈥

The president even hinted at the possibility of federal funding to stave off further teacher-job cuts.

鈥淲e鈥檝e got the capacity right now to help local school districts make sure that they鈥檙e not laying off more teachers,鈥 Mr. Obama said. 鈥淲e haven鈥檛 been as aggressive as we need to, both at the state and federal level.鈥

Still, any school construction proposal is likely to face significant hurdles, particularly among Republicans who believe school facilities should be a local expenditure.

In fact, school construction funding was a major sticking point when a Democratic-controlled Congress negotiated the American Recovery and Reinvestment Act, the 2009 stimulus law that provided some $100 billion for education.

The legislation鈥檚 sponsors initially sought to include a new school construction grant program in the bill, but it was jettisoned to garner support from moderate Democrats and Republicans. Now, with the GOP in control of the House, a school construction program would face even longer political odds.

Finding money to stave off layoffs could also be an uphill battle. The administration had a tough time securing $10 billion for the 91制片厂视频 Jobs Fund in the summer of 2010, also at a time when both chambers of Congress were in Democratic hands.

ESEA Stalled

The House, meanwhile, is likely to consider at least three bills this fall aimed at reworking targeted pieces of the ESEA, all of which have already gotten a stamp of approval from the House 91制片厂视频 and the Workforce Committee.

But only one of the measures鈥攁 bill to bolster charter schools鈥攈as support from lawmakers on both sides of the aisle. The other two pieces of legislation caused division in the committee and were approved along strict party lines.

One of those measures would eliminate more than 40 programs in the 91制片厂视频 Department. Many of them have been on the books for years, but haven鈥檛 received federal money recently, such as the Star Schools Distance Learning program. But others, such as the $46 million Teaching American History initiative, are still operating.

Another, more controversial measure, which passed out of the education committee on a party-line vote in July, would offer districts expanded flexibility in using federal dollars. The bill would permit districts to shift money aimed at particular populations of students, such as children in poverty, and direct it to other activities or groups of students, such as those in special education.

Republicans argue the measure would make it easier for districts and states to direct federal money where it is needed most, while Democrats maintain that it would allow districts to ignore poor and minority children.

Although all three bills would make important changes to federal K-12 policy, none gets at the accountability and teacher-quality issues at the heart of the NCLB law. Rep. John Kline, R-Minn., the chairman of the House education committee, is planning to introduce a pair of new ESEA-related bills this fall that would address such issues.

On the Senate side, Sens. Tom Harkin, D-Iowa, the chairman of the Senate Health, 91制片厂视频, Labor, and Pensions Committee, and Michael B. Enzi, R-Wyo., its ranking member, have been meeting regularly to consider comprehensive legislation.

Mr. Harkin initially set a goal of considering an ESEA reauthorization bill in committee last spring. But lawmakers have struggled to reach agreement on key issues, including accountability and the scope of the federal role in K-12 education.

A version of this article appeared in the September 14, 2011 edition of 91制片厂视频 Week

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