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Special education funding in California is causing deficit in school district budgets

School districts are required by federal law to pay for a large portion of special education programs and services.  These programs and services cannot be altered or cut in any way because it is federally mandated, unlike all other programs for the rest of the students. The short explanation is that federal law mandates it, as set forth in the Individuals with Disabilities in Education Act  [20 USC 1400 et seq.].  This law, also called IDEA, enumerates the required needs for students with disabilities.  We all agree that students with special needs must be accommodated, additional care is necessary.  However, most of us do not know the details of the funding and spending on this issue.   In addition to the IDEA federal mandate, the State of California also sets forth special education funding apportionment in its Assembly Bill 602 SELPA [AB 602].
 
If you read these codes on its face and believe that the state and federal government will fund the programs as set forth in the requirements, then you’re not alone.  Must of us assume that this mandated federal and state law will come from separate federal and state funds.  Most people who I asked assumed that special education is funded entirely by federal government disability funds.  It does make sense since it is a federally mandated requirement.  The state and federal statutes require schools to provide ”free and appropriate public education” for special education students.   
 
Here is the shocking news, local school districts are responsible for this “free and appropriate public education.”  In fact, IDEA section 1400(c)(6) cites that states and local education agencies are responsible for providing the education for students with disabilities, but that the Federal Government will have a role [emphasis added] in assisting the state and local education agencies.  
 
If you sample a school district’s budget, you will find for example [PVPUSD] it receives ,049M from the state [AB 602] in addition to the federal IDEA grant which is approximately M.  However, the actual costs for the special education programs in this district total approximately M.  This district has reported a deficit spending for special education in the sum of .5M which is almost double the amount it receives in funding from the federal government and state, combined.  This school district has to find and fund .5M in excess of the sum provided by the government funding. 
 
How could special education needs add up to such a colossal amount and cause such a deficit for local school districts? In the code, you will find that required programs such as one-on-one aids are mandatory for each qualifying special needs child. Transportation, specialized at-home care and a host of other services are also required under the law.  
 
I asked the California Department of Education why local school districts are not receiving more funding for special education requirements.  I asked how the local special education funding from the state is apportioned.  Becky Robinson of the CDE Special Education Department stated that “all funds, federal or state, must be approved by the governor.”  I checked, she is right.  The Budget Act of 2008-2009 AB 1781 (chapter 268) sets forth the budget for special education as determined by the state budget and the governor. 
 
At a time when teachers and administrative staff are being laid off en masse, it is difficult to understand why school districts are forced to spend an additional .5M on special education program requirements, when state budget cuts are forcing school districts to cut teachers and programs elsewhere.  .5M could solve all of the local budget woes and keep the teaching and administrative staff employed for the benefit of the entire school.  The answer is that special education programs are depleting the school districts’ budgets as administrators make cuts to prioritize the federally mandated programs for special education. 
 
Another item for budget in the statute that I should mention, is the special needs education conflict and dispute resolution.  There are law firms that specialize in representing students with disabilities and negotiate the settlement for district’s alleged failure to comply with the established statutes and regulations under the federally mandated IDEA.  This means that the statutes for special education inherently set forth guidelines for legal action following administrative proceedings should a parent identify a violation of their child’s “free and appropriate public education.” 
 
Many school districts have greatly suffered from lawsuits brought by parents who claim that their special needs child’s rights were not met under the code.  Case in point, Porter v. Board of Trustees of Manhattan Beach Unified School District et al., 307 F. 3d 1064 (9th Cir. 2002), 537 U.S. 1194, 123 S. Ct. 1303, 154 L. Ed. 2nd 1029 (2003). 

In the case of Porter, the parents of a student, who had been diagnosed with autism spectrum disorder, charged that  Manhattan Beach Unified School District failed to provide their child with a “free appropriate public education.”   This lawsuit resulted in the school district paying over .7M to the family of the student.  In addition, as part of the settlement, control of the student’s education was transferred to a Special Master, Ivor Weiner, Ph.D., resulting in the cost of just under .1M to pay for the education of the student at the direction of the Special Master. 

The problem is that whether or not this school district properly complied with the federally mandated programs and services for this student, the school district was forced to make cuts elsewhere to pay for this legal settlement.   Why has the federal government mandated such broad standards for special education and then leave local school districts to oversee, manage and fund these programs? 

Since the subject of budgets and special education is not a topic that people are willing to discuss, reform in this regard is unlikely.  Certainly, special education programs and services are not to blame for this problem.  This problem belongs squarely on the lap of the federal government under the mandated IDEA laws.   

An Inside Look at the Special Education

Special education professionals production to promote students’ overall behavioral, social and academic growth. Special education professionals supporter students in on the rise socially appropriate behavior surrounded by their genus, educate and population. Teachers of special education help students grow to be more self-confident in their social interactions. Special education professionals administer activities so as to build students’ life skills.

What Does the work Entail?

Are you interested in serving others? Can you lever and consideration used for relatives who be taught differently and contain other behavioral problems? Do you like to tell somebody to a difference in a litter child’s life? If you answered “yes” to slightly of these questions, next you might consider a career in special education. Below is a breakdown of the stunted and long-term responsibilities of a special education teacher.

First and foremost, special education teachers focus on the development and academic needs of children with disabilities. They push learning in disabled students by implementing enlightening modules and behavioral techniques. Special education teachers production deserted or with wide-ranging education teachers to individualize schooling, develop problem-solving techniques and integrate children into cluster projects with other students. Furthermore, special education teachers are accountable used for ensuring so as to the needs of disabled children are met through assessment periods.

Did you know so as to special education teachers production with a team of professionals, qualified organization and genus in order to meet their job chuck? It is firm. In vogue statement, special education teachers production in conjunction with these entities to create an Individualized Education Program (IEP) used for both apprentice. An IEP is designed in collaboration with a child’s parents, educate principal, social member of staff, speech pathologist and wide-ranging education teacher to ensure of use implementation. An IEP targets a student’s needs and growth areas used for highest response. The specialized goals prearranged by the IEP are basket weave the whole time all aspects of a child’s day by day activities. Teachers of special education necessity observer a child’s setbacks and progress and state back to parents and administrators. Planned goals and tasks are outlined used for genus members to refer to while a apprentice is by homewards as well.

The types of disabilities a special education teacher might come upon are hard to predict. For lone, the qualifications used for special education services vary greatly from mild disabilities to extreme belongings of mental retardation or autism. Types of disabilities include, but are not narrow to, the following: Speech impairments, inquiry disabilities, emotional trouble, orthopedic impairments, brain distress belongings, loss of sight, deafness and learning disabilities.

Do You Exhibit These Qualities?

Now so as to you contain an sense of the job’s weight, let’s envision if you contain the birthright qualities to be a special education teacher.

Recognize the symptoms and needs of special needs students

Patience

Ability to production with lone or more parties to accomplish short-term and long-term goals

Burly announcement skills

Ability to motivate others

Ability to multi-task

Knowledge of the as a rule current education modules, remedial examination and behavioral practices
# Creativity

Knowledge of the most up-to-date remedial machinery germane to special education

Special Education in Connecticut

Terminology

The federal law governing special education is called the Individuals with Disabilities Education Act, or IDEA.  It is codified in Title 20, United States Code, starting at section 1400.  It was initially passed in 1975.  A number of major reauthorizations have taken place.  The two most recent were in 1997 and in December 2004.  The December 2004 changes took effect, for the most part, on July 1, 2005. The changes made in the 2004 Act are numerous and varied, but perhaps not revolutionary.

In early 2002, President Bush signed the No Child Left Behind Act (NCLB) which is intended to ensure quality education and a high level of accountability.  Many of the provisions of NCLB had an uncertain impact on IDEA 1997.  Hence, IDEA 2004 attempts to clarify the impact of NCLB.

The IDEA speaks in terms of a State Education Authority (SEA) and a Local Education Authority (LEA).  In Connecticut, the SEA is the State Department of Education.  The LEA is generally the local school district, which is referred to as the district or the Board.  In this context, the Board refers to the district’s administration, not to the actual Board of Education and its elected members.

State and Federal Law

Connecticut passed its special education law in 1967.  The federal Education of All Handicapped Children Act initially passed in 1975.  Hence, the Connecticut act predates the federal.  The federal law did not pre-empt the field.  Rather, federal courts can enforce both federal and relevant state law.  “Relevant state law” is law which is not inconsistent with federally mandated requirements, both substantive and procedural, of the Act, and includes, inter alia, procedural safeguards which are more stringent than required procedures set forth in the federal law.  Burlington v. Department of Education, 736 F.2d 773 (1st Cir. 1984), aff’d 471 U.S. 359 (1985).  For the most part, Connecticut and federal requirements have converged.  Yet, most of the detailed procedures for eligibility and due process stem from Connecticut law, as does the nomenclature.  In Connecticut, there is a Planning and Placement Team (PPT) meeting.  In New York, it is called a Committee on Special Education (CSE) meeting.  In the federal
law, it is called an Individualized Education Plan Team (IEP Team) meeting.

The Connecticut Approach

The Connecticut State Department of Education (SDE) takes a hand-off approach to local school boards.  This compares to New York, where the state department closely regulates most aspects of special education.  The Connecticut SDE advises local school boards on questions, when raised.  Indeed, SDE also provides advice to parents.  The state approves private special education schools, but the approval is largely a matter of seeing if the right boxes are checked, rather than looking at the quality of the education provided.  The state, pursuant to federal law, receives and processes complaints, but appears to be interested only in procedural requirements, avoiding making any comments on the substance of the claim.  And, the state runs the due process and mediation systems.  This is all done by a tiny group of people in Hartford.  The SDE also runs the Special Education Resource Center (SERC), which serves as an information clearinghouse, library, and training center.  As a general rule, the State Department of
Education sees itself as a consultant, rather than as a regulator.

The Special Education Universe in Connecticut

For the 2007-2008 school year, there were 68,989 children in Connecticut who were designated as eligible for special education services.  This number is a drop of 5,000 from five years earlier.  Special education students represent about 12% of the total student population of 574,287.  Districts vary widely in percentages designated as eligible for special education, with some districts near 5% and others over 18%.

Among disabilities, the largest group, comprising 32% of the special education population, consists of students with learning disabilities (LD).  Five years ago, learning disabled students represented 38% of the special education population.  The next largest group, accounting for 21% of the special education population, contains students with speech or language impairments.  Other health impairment (OHI) accounts for 17%, severe emotional disturbance (SED) is 8.5% and intellectual disabilities (ID) are 4%.  Some 6.4% of special education students in Connecticut carry the Autism label.  The racial differences are, however, significant.  The following chart shows the 2007-2008 percentage of each racial/ethnic grouping that has a particular special education designation.

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