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Federal Update 09.23.06 Print E-mail
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FEDERAL UPDATE


Week of June 19 -23, 2006

Subscribe to the Federal Update or any of several other NASBE free e-mail updates on
education related issues by visiting www.nasbe.org/E_Mail.html.

HOUSE COMMITTEE PASSES FY07 ED BUDGET, BUT THEN PULLS IT FROM
FLOOR

The House Appropriations Committee has given its approval to an FY07 education spending bill
that cuts $500 million from No Child Left Behind Act programs in the aggregate, maintains
most other spending levels at FY06 levels (which in nearly all instances are less than received in
FY05), eliminates the education technology state grants, and provides only nominal increases to
special education and school improvement grants.

Among the programs receiving no funding increases are: Title I ($12.7 billion), Reading First ($1
billion), Impact aid ($1.1 billion), English language acquisition grants ($669 million), 21st
Century Community Learning Centers ($981 million), and state assessment grants ($407
million). The committee maintained funding for the Perkins program at the current level, $1.3
billion, and rejected the administration’s proposal to shift all of the vocational education funds
to a new high school reform initiative.

The committee did include $310 million for Safe and Drug-free Schools, which is $36 million
less than funded last year, but is more than that sought by the Bush administration, which had
proposed eliminating all funding. Less fortunate was funding for the education technology state
grants program, which the committee zeroed out, resulting in a loss of $272 million. The fate of
the education technology program has been particularly vexing to educators. As recently as
three years ago, the program was being funded at a robust $800 million, but has since been
targeted for sharp reductions, as Congress and the administration believe the task of stocking
classrooms with computers, connections, and instructional resources has been accomplished
and can be ended.

Among the few bright notes was an additional $150 million for special education state grants
($10.7 billion total), a new $200 million expenditure to expand states’ capacity to help
chronically underperforming schools, and a boost of $51 million ($150 million total) for
innovate education strategies grants (Title V).

The committee passed the bill on a voice vote after defeating an amendment by ranking
Democrat David Obey on a vote of 36-26 to add $420 million to special education, $300 million
to Title I, $50 million for English language learners, and restore $300 million to the teacher
quality state grants, and $272 to technology state grants. Despite the Appropriations
Committee’s approval, House leaders pulled the spending bill from floor consideration because
of concerns that spending levels for education programs (as well as the health and labor
programs that are also included in the bill) would not be able to garner a majority of support

among all legislators at this time.
Program FY06 FY07 FY07
Admin. Request Committee passed
Title I $12.7 billion $12.7 billion $12.7 billion
Special education $10.58 billion $10.68 billion $10.73 billion
Reading First $1 billion $1 billion $1 billion
Perkins voc-ed $1.2 billion 0 $1.2 billion
Tech prep $105 million 0 $105 million
State capacity grants n/a $200 million $200 million
Teacher quality grants $2.9 billion $2.9 billion $2.6 billion


21st Century Learning $981 million $981 million $981 million
Title V $99 million $99 million $150 million
Safe Drug-Free Schools $347 million 0 $310 million
Tech. state grants $272 million 0 0
English lang. grants $669 million $669 million $669 million
State assessments $407 million $407 million $407 million

HOUSE HOLDS HEARING ON N-SIZE, STORIES OF EXCLUDING STUDENTS

What’s your “N-size?” That was the question of the day at a recent hearing held by the House
Education Committee in the wake of a series of Associated Press articles that highlighted the
number of children, particularly poor and minority students, whose test scores are not included
in adequate yearly progress (AYP) calculations as required by the No Child Left Behind Act.

The AP analysis that “about 1.9 million students - or about 1 in every 14 test scores - aren't being
counted under the law's racial categories. Minorities are seven times as likely to have their
scores excluded as whites…[and] more than one-third of Asian scores and nearly half of
American Indian scores aren’t broken out.”

The hearing examined how states set—and the U.S. Secretary of Education approves—the “Nsize”
number for their state assessments. The N-size is the minimum number of students that
must take the test for the scores of the group at large to be considered valid and reliable for
psychometric purposes.

States have established N-sizes ranging from 5 to 52, with most states setting the number at
either 30 or 40. In defending the states’ N-sizes, Deputy Secretary Ray Simon explained to the
committee that the exclusion rates are not as egregious as portrayed in the press because
“students are included in every group to which they belong. For example, a Hispanic student
who is from a low-income family and is an English language learner would be included in four
separate subgroups: the “all school,” Hispanic, economically disadvantaged, and limited English
proficient groups….Thus, even if there are too few Hispanics in this student’s school to meet the
minimum group size for Hispanics, but the number of economically disadvantaged students
exceeds the n-size, her assessment scores would be counted in the economically disadvantaged
subgroup for accountability purposes.”

Notwithstanding this defense, Simon also told the committee that the Department had rejected
every state request to increase their N-size this year and that the Department would review
every state’s N-size over the summer to determine if it was appropriate.

Also appearing at the hearing was Ronald Peiffer, Maryland’s Deputy State Superintendent, who
elaborated on the rationale and science behind Maryland’s decision to set its N-size at five, the
lowest N-size among all 50 states. Peiffer also managed to dazzle, and at times befuddle,
legislators with a discourse on psychometrics, statistics, confidence intervals, and the difference
between validity and reliability when it comes to states assessments.

Drawing a more human connection to the clinical subject was John Brittain, Chief Counsel and
Deputy Director Lawyers Committee for Civil Rights Under Law . Brittain called the situation
“unconscionable that such large numbers and percentages of African-American, Latino and
Native American students’ scores are ‘left behind.’’” Brittain also managed to criticize the racial
achievement gap that exists in the state of Connecticut and include a non-sequitar about the
Hartford (Conn.) school district’s status as “in need of improvement” per NCLB accountability
measures. He suggested that Congress “fix the "N" size loophole problem” by setting a maximum
limit on the number of students that could be excluded from accountability calculations.

QUOTE OF THE WEEK


“The White House’s annual attempts to eliminate Perkins funding have become painfully
predictable, it’s getting to be you can set your watch to them ,” Rep. John Peterson (R-PA).