Special education gets small bump in 2017-19 budget

The K-12 education part of the 2017-19 budget deal was released. In a surprise move, they bumped up the cap on special education funding from 12.7 percent of full-time enrollment (FTE) to 13.5 percent FTE.

Considering years of resistance to even looking at the cap, this is a significant shift and will increase funding for hundreds of students with disabilities.

However ... going off last year's list of districts over the cap, the change means just 30 additional districts will now have all of their students requiring special education covered; the remaining 90 districts -- including one of the state's largest, Spokane -- still fall short.

• Summary chart of new K-12 basic education investments

• Covered or not - a list of districts affected in 2015
• Budget agreement looks at mix of resources

$300 million short ... additional $9.4 million in relief

For some context, in a 2015 amicus brief in the McCleary school funding lawsuit, the state superintendent's office reported school districts paid an additional $266 million in local funds to cover the full cost of special education that year. Another $40 million in relief came from the state's special education safety net, putting the state's basic education allocation for special education about $300 million short.

This proposed change in the cap funds an additional $9.4 million for special education next year. 

So ... a significant shift from refusing to consider or even discuss special education funding. But not a solution.

- Ramona Hattendorf, Director of Advocacy, The Arc of  King County

K-12 at the mid-point - A legislative update

Some overarching concerns with K-12 education:

• Are expectations high enough? A lot of students with developmental disabilities aren’t graduating with a regular diploma.

• Lost learning time - this includes disproportionate suspension and expulsion, as well as time spent pulled out of class, but kept in school.

• Time with paraeducators. On one hand, they are essential to making general education accessible to students with disabilities. One the other, they are not certified, generally don't have access to training, and there are no shared professional standards for the field. Paraeducators need recognition and support, and schools need funding to cover necessary staffing levels. Students in special education spend about 60 percent of their learning time with paraeducators.

• Whole child support: That is, the social, emotional and behavior support and skill building needed - along with the standards and core staffing.

The bills:

Weighing in is easy: To comment on any bill, click on the number. That will take you to the bill page. Once there, click on “Comment on this bill” button. (Hint: Legislative staff said some users have reported problems with the “verify district” step when using phones or handheld devices. You need to double click that button. Also, be sure the state is “WA” and not “Washington.”)

Education funding: What is the plan and will it cover students with disabilities?

At The Arc of King County, we are concerned that state efforts to fill funding gaps for K-12 schools will leave special education behind. This is based on current levels of local funding going into special education, as well as the state’s intention to continue capping special education funding at 12.7 percent of full-time enrolled students. This cap is applied at the local level, without regard to demographics. Last year, 120 districts and a charter school exceeded the cap.

• CURIOUS? You can look up your district (or any other one) here to check special education funding and enrollment, and other data.

SOME CONTEXT:

• Citizen’s Guide to Washington’s Budget 
• Guide to K-12 Funding 

Public schools are always a big part of the state’s operating budget, but this year advocates for various causes are closely monitoring what happens with K-12 funding.

The state is in the final year of phasing in additional funding to pay for an expanded program of basic education, first proposed and passed in 2009. The state is also under court watch to amply fund education. In its January 2012 McCleary v State ruling, the state supreme court said if the expanded basic education program was implemented and funded, then the court would be satisfied. The state lost the McCleary suit, which asserted that Washington was not meeting its paramount duty to amply fund education for all children in the state.

People watching K-12 education want to make sure the program is adequately funded; and people from other advocacy areas are wondering what increased funding for K-12 will mean for other budget areas.

SPECIAL EDUCATION - Districts are supplementing and stretching funding

In Washington, special education services are part of the program of basic education, and as such are the responsibility of the state to fund. To qualify for services, students must pass three criteria:

• First, be diagnosed by a doctor or team of professionals as having a qualifying disability (these are listed in federal law).
• Second, demonstrate that the disability adversely affects their ability to learn.
• Third, demonstrate that their unique needs cannot be addressed through general education classes alone, with or without accommodations.

Under the federal mandate of child find, school districts must identify, find and evaluate all children with disabilities. Not all children with disabilities will qualify for special education, but if they do, then the districts must serve them.

Funding: Currently, special education is considered part the state’s program of basic education and is funded by allocating additional money to school districts using a multiplier. Each school district gets a base per pupil allocation. For special education, the state multiplies that base by .93, and allocates that extra amount for up to 12.7 percent of full-time student enrollment (FTE). 

The catch: Districts only receive special education funding for up to 12.7 percent FTE, even if they have more students who qualify. This system is in place despite variances in district demographics, despite districts sizes, and even despite ages served. (Special education rates tend to be higher for younger children.) 

It is also in place even though there is no nationally accepted incidence rate. The best approximation for younger children (ages 2 to 8) is 15.4 percent, according to a report published by the Centers for Disease Control last year that reviewed data on mental, behavioral and developmental disability rates. 

• What Texas did to its special education students