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Unfunded mandates

By Lori Ehde
For nearly 30 years, federal legislators have mandated that school districts provide special education programs for students who need them.

While the programs were implemented with successful results for special needs students, the federal government has not lived up to its promise to fund 40 percent of the costs.

The Education of All Handicapped Children Act of 1975 stipulated that 40 percent of funding for the new programs would come from federal sources, with the remainder coming from state and local sources.

According to the original legislation, the federal government would assume this level of funding by 1982, but up until 1996, it barely reached 10 percent, and now hovers at about 16 percent.

Plus, new unfunded mandates require districts to provide additional programs at their own costs.

Shortfall amounts to $250,000 each year for Luverne School District
Sen. Mark Dayton’s state director, Jim Gelbmann, was in Luverne Thursday, Dec. 12, to discuss how this shortfall has affected Minnesota schools and students.

He detailed upcoming efforts in Congress to improve special ed funding and heard concerns about how Luverne district specifically has been affected.

What this means in Luverne is that roughly $250,000 in special education funding comes out of the district’s general fund, when it should be coming from the federal government.

"The bills come in for special education funding whether it’s funded by the federal government or not," said Luverne Superintendent Vince Schaefer. "That general fund gets hit hard by that shortfall."

To make matters worse, Schaefer said, any increase in federal support for education is usually attached to stipulations to add new programs.

"We’d rather they didn’t have that requirement until we’re able to cash flow the programs we now have," he said.

Quality programs
don’t come cheap
Minnesota schools, and Luverne in particular, have led the nation in providing quality education to students with physical and learning disabilities.

"We do have good programs in special education, and for that reason, we have families with special needs choosing to attend here," Schaefer said.

Luverne’s special education students represent nearly 12 percent of the student body.

That’s somewhat higher than numbers in neighboring districts, largely due to Luverne’s reputation for meeting and exceeding special education needs.

"We have been doing a good job, but we now think it’s time for the federal government to fulfill its commitment," Schaefer said, adding that it’s particularly important in light of decreasing education dollars from the state.

"It would free up money for the general fund and help keep programs alive."

For years school boards and administrators have listened to the debate over providing special education at what some view as a cost to other students.

"On one hand we are required to provide a free and appropriate education to special needs kids," Schaefer said.

"On the other hand, some feel regular education kids are denied programs because some of that money is going to special education programs. … Unfortunately, there’s some truth to that."

Federal changes
on the horizon
Both Schaefer and Gelbmann emphasized that no one suggests taking away programs from special needs children. Rather, the funding mechanisms for making those programs possible are under scrutiny.

Original special education legislation calls for the law to be reviewed and reauthorized every six years. The last time it was reauthorized was 1997, so it’s due for a fresh look, Gelbmann said.

"We take a new look at the law to see if it’s serving its purpose and to look at funding," he said.

With school districts nationwide making budget cuts, he said there’s a good chance for a special education increase next year from federal sources.

"There’s more of a recognition that the federal government has not kept its commitment to funding special education," Gelbmann said.

He said George W. Bush’s President’s Commission on Excellence in Special Education is currently reviewing legislation and its effects on schools.

"What they’re finding is too many children may be provided with special education services, often known as the ‘over-identification’ issue," Gelbmann said.

Districts may be allowed to provide fewer services as the term "special needs" is redefined, allowing schools to recoup some costs.

Gelbmann said Sen. Dayton is also prepared to testify that paperwork requirements for special ed teachers need to be less stringent.

"He’s heard from too many teachers that they’re spending an increasing amount of time doing paperwork, which limits the amount of time they can actually spend with students," Gelbmann said.

In January, Congress will begin the process of reviewing the bill, now known as the Individuals with Disabilities Education Act (IDEA), which will determine future funding and implementation of special education services.

Discussion will reach the Senate floor in April or May.

Roughly 25 people, including parents, teachers and school administrators, attended Thursday’s meeting,
"We very much appreciate the input," Gelbmann said. "It’s so much better to get first-hand information from people who deal with the issues on a daily basis. They know the programs the best."

Sen. Dayton’s toll-free office number is 1-888-224-9043.

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