Neither chamber gets it: Why we worry about special education funding, in detail

This post gives more detail on Senate and House approaches in their 2017-19 operating budgets. It accompanies another post, Why we worry about the special education cap


In 2014-15, the state superintendent of public instruction submitted evidence to the state supreme court that at least $266 million in local funding was being spent on special education, in addition to state allocations. This was part of the ongoing McCleary case to make sure the state paid for the actual cost of basic education. In 2012, the court ruled against the state and said it would stay engaged to make sure the state met its "paramount" duty to "amply fund" education for "all children" in Washington. The quotation marks indicate language from our state constitution.

-
The Senate responded by increasing allocations for special education by $119 million for the 2017-19 biennium. That’s less than half the documented under funding, but still very appreciated.

The problem is that the funding comes in a set, $7,000 per pupil rate. Its buying power will shrink if, say, salaries increase. Over the years, flat rates can act as a cap on funding levels and result in lower spending per pupil.

Why we worry about the special education cap

• Ready to speak up? Talking points and more detail

Funding for special education is not equitable in Washington.

The state wants to control costs, so it cuts off funding to school districts once their special education caseload hits 12.7 percent of full-time student enrollment.

Nevermind the state's McCleary mandate to cover actual costs of basic education, or the federal civil rights mandate to cover all who qualify. In Washington, we have caps.

If districts happen to have 12.7 percent or less of their student body qualifying, then they get a set amount for each student. This makes up their pool to cover all their special education services.

If districts happen to have more students qualifying, then they are still funded as if they have 12.7 percent. They just have to spread that pool to cover more students.

This worries us.

Legally (and morally) schools need to be in the business of finding children with disabilities or developmental delay and getting them services as soon as possible. Their healthy development depends on it, and the sooner services can be provided, the better the outcome.

When funding is cut off based on enrollment numbers, services can get delayed, or even denied.

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