Senate Unites on Special Education, But Not How to Pay for it.
By Ben Feller
AP Education Writer

WASHINGTON (AP, May 13) - Grappling with a promise Congress made almost 30 years ago, the Senate plans to speed up, but not guarantee, more spending on special education.

The Senate on Wednesday agreed to allow spending on the education of disabled children to rise by more than $2.2 billion a year over seven years. Those increases would remain optional each year; a competing push to lock them in was rejected.

At issue is a federal commitment that goes back to 1975 when Congress had pledged to cover 40 percent of the cost of educating children with special needs. The actual federal share amounts to 18.6 percent, or $10.1 billion this year.

The difference is important because states and school districts must pay for whatever expenses the Congress does not. That amounts to billions of dollars that local communities say they need for teachers, training, supplies and construction.

The money issue is central to the renewal of the Individuals With Disabilities Education Act, the law guaranteeing equal education to 6.7 million children.

The House passed its updated version of the law a year ago, and the Senate was poised to do the same on Thursday, aides said.

Senators of both parties agree on their underlying bill, which aims to improve identification and intervention of those with disabilities, simplify paperwork for teachers, reduce lawsuits by parents and give schools more flexibility over money.

Sens. Tom Harkin, D-Iowa, and Chuck Hagel, R-Neb., proposed mandatory spending increases so the federal share of the bill would reach 40 percent in six years.

"We have been trying to accomplish this task for 29 years, and for 29 years we have failed," said Sen. Jim Jeffords, I-Vt. "It pains me that we're still debating this issue."

Sponsors of the amendment needed 60 votes to keep it alive because it violated the budget act. They fell short, 56-41, in a largely party-line vote.

Sen. Judd Gregg, R-N.H., said mandatory spending is bad policy because it boosts the deficit and doesn't allow Congress to set priorities. It also would lead to offsetting cuts in education spending, he said, making any increases "illusory."

Gregg offered a competing plan to reach full funding within seven years, leaving the yearly spending increases up to Congress. Senators approved his amendment 96-1.

Federal spending on special education has increased from $2.3 billion to $10.1 billion since 1996, a pattern the Senate plans to continue, Gregg said.

Despite funding concerns, key education groups have backed the bill. Still, they want changes before the law is passed in such areas as the definition of "highly qualified" teacher and the education secretary's power to withhold money.

The bill is S. 1248.