Tough year for education
Tougher times expected in 2009 session
by Kim Kang
It was a rocky road for
both the education policy
and budget bills during the 2008 session of the Minnesota Legislature
on May 13. Governor Tim Pawlenty vetoed the E-12 Education Policy
Bill. That action was followed three days later by the veto of the
E-12 Omnibus Education Budget Bill. However, legislators were able
to pass a handful of helpful items through the Omnibus Budget Bill.
Included in the items approved was an increase of $51 of state aid
per student. This will provide a measure of financial relief for
schools.
In addition, the special education task force, which was created during
the 2007 legislative session, had its work continued another year in
order to complete its assigned duties. The purpose of this task force
is to compare the federal Individuals with Disabilities Education Act
(IDEA) requirements with Minnesota laws and rules, determine which
Minnesota laws exceed federal laws, and provide recommendations on
which state laws to eliminate.
The special education
task force is currently composed of 10 members: four parent and
parent advocacy organization representatives, five school representatives,
and the Minnesota Department of Education—a
non-voting member. As part of its analysis during the 2007 year,
the task force determined that some Minnesota laws exceeding federal
laws include: transition services beginning at age 14; dispute resolution
processes such as conciliation and facilitated Individual Education
Programs (IEPs); and the state law which places the burden of proof
on school districts to show that they complied with special education
laws. While the task force was able to complete a review of state
statutes and rules, its members were not able to complete a comparison
of Minnesota rules that exceed federal laws.
The Legislature extended
the task force’s existence for another
year and requires members to submit a final report to the Legislature
by Feb.15, 2009. Thanks to the work of parents, parent advocates,
student advocates and key legislators such as Representatives Debra
Hilstrom and Mindy Greiling, some improvements were made to the task
force such as adding another representative from a parent advocacy
organization so equal representation is ensured, and allowing the
task force to make recommendations on how to change laws and rules.
The latter is particularly important because the task force was previously
restricted to recommending that a law or rule be kept or eliminated.
As task force members did their work, they determined that some laws
and rules could be retained with changes.
With a $1 billion total
state budget deficit, it was a tough year for education. Projections
for 2009 appear to be even worse and this will be even more critical
because the 2009 session will determine funding for the 2010-2011
school years. Therefore, it’s important
for parents of children with disabilities to continue to be active
and informed advocates.
With 2008 being an election year, parents should not be afraid to
ask for elected officials and candidates that will stand strong when
it comes to maintaining services for children with disabilities and
ensuring special education has an adequate, consistent funding stream.
The complete E-12 education
bill can be found at www.leg.state.mn.us.
Use the bill tracker page.
Kim Kang is the Public Policy and Early Childhood Director at PACER
Center. For more info visit www.pacer.org.