Rebecca R. Skinner
Specialist in Education Policy
The primary source of federal aid to K-12 education is the Elementary and Secondary Education Act (ESEA). The ESEA was initially enacted in 1965 (P.L. 89-10), and was most recently amended and reauthorized by the No Child Left Behind Act of 2001 (NCLB, P.L. 107-110), which authorized virtually all ESEA programs through FY2008. The 112th Congress is actively engaged in work to amend the ESEA. On June 16, 2011, Representative Duncan Hunter, Chairman of the Early Childhood, Elementary, and Secondary Education Subcommittee of the House Education and the Workforce Committee, introduced the Empowering Parents through Quality Charter Schools Act (H.R. 2218). This bill would modify the existing Charter Schools Program, Per-Pupil Facilities Aid program, and Credit Enhancement Initiatives to Assist Charter School Facility Acquisition, Construction, and Renovation program (hereinafter referred to as the Credit Enhancement program) currently authorized under ESEA Title V-B-1 and 2.
H.R. 2218 would make substantial changes to Title V-B-1 and 2, while preserving many of the provisions of current law, albeit in a different structure. Some of the most substantial changes that would be made by H.R. 2218 include the following:
- Expand the scope of the Charter School Program to include funding for new charter schools; replicable, high-quality charter school models; and the expansion of high-quality charter schools.
- Change applicant eligibility for the Charter School Program.
- Extend the grant period under the Charter School Program from up to three years to up to five years for both state entities receiving grants from the Secretary of Education and eligible applicants receiving grants from state entities.
- Retain both the Per-Pupil Facilities Aid program and the Credit Enhancement program with provisions similar to those contained in current law, but restructure current law provisions to authorize both programs under a new section entitled Facilities Financing Assistance. Priority would be given to using funds for the Credit Enhancement program over the use of funds for the Per-Pupil Facilities Aid program.
- Change the use of funds for national activities to focus on providing charter school startup grants to eligible applicants and disseminating technical assistance to state entities in awarding subgrants, disseminating best practices, and evaluating the impact of the charter school program.
- Alter the authorization of funds for all three charter school programs, as well as for national activities, authorizing 15% of the total appropriation for Facilities Financing Assistance, up to 5% for national activities, and the remaining funds for the Charter School Program.
Date of Report: June 21, 2011
Number of Pages: 55
Order Number: R41877
Price: $29.95
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David P. Smole
Specialist in Education Policy
Three Higher Education Act (HEA) student financial aid programs—the Federal Supplemental Educational Opportunity Grant (FSEOG) program, the Federal Work-Study (FWS) program, and the Federal Perkins Loan program—collectively are referred to as the campus-based programs. The campus-based programs were reauthorized under the Higher Education Opportunity Act (HEOA; P.L. 110-315), which amended and extended authorization for programs funded under the HEA. The campus-based programs are currently authorized to be funded through FY2014.
Under the campus-based programs, federal funding is provided to institutions of higher education for the provision of need-based financial aid to students. Institutions participating in the programs are required to provide a match of approximately one-third of the federal funds they receive. The campus-based programs are unique among the need-based federal student aid programs in that the mix and amount of aid awarded to students are determined by each institution’s financial aid administrator according to institution-specific award criteria (which must be consistent with federal program requirements), rather than according to non-discretionary award criteria, such as that applicable for Pell Grants and subsidized Stafford Loans.
Each program provides students with a distinct type of aid. The FSEOG program provides grant aid only to undergraduate students. The FWS program provides undergraduate, graduate, and professional students the opportunity for paid employment in a field related to their course of study or in community service. The Perkins Loan program provides low-interest loans with favorable terms and conditions to undergraduate, graduate, and professional students.
Funding is provided to institutions separately for each program according to formulas that take into account both the allocation institutions received in years past (their base guarantee) and their proportionate share of eligible students’ need that is in excess of their base guarantee (their fair share increase). From these funds, institutions’ financial aid administrators award aid to eligible students having financial need.
The programs are among the oldest of the federal postsecondary aid programs; however, they now operate amidst a host of other aid programs and tax benefits, some of which are not needbased. At present, a relatively small proportion of all students receive campus-based financial aid. Over the past decade, the number of institutions participating in the programs has also declined.
This report describes the FSEOG, FWS, and Federal Perkins Loan programs, as amended by the HEOA. It also presents historical information on appropriations provided for the programs and the federal student aid that has been made available to students through the programs. It will be updated to reflect legislative action in the 112th Congress.
Date of Report: June 9, 2011
Number of Pages: 27
Order Number: RL31618
Price: $29.95
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Ann Lordeman
Specialist in Social Policy
The Individuals with Disabilities Education Act (IDEA) is both a grants statute and a civil rights statute. As a grants statute, IDEA provides federal funding for the education of children with disabilities and requires, as a condition for the receipt of such funds, the provision of a free appropriate public education (FAPE) (i.e., specially designed instruction provided at no cost to parents that meets the needs of a child with a disability). In FY2011, $12.5 billion was appropriated for IDEA. In the fall of 2009, 5.9 million children ages six through 21 received educational services under IDEA.
As a civil rights statute, IDEA contains procedural safeguards, which are provisions intended to protect the rights of parents and children with disabilities regarding the provision of FAPE. These procedures include parental rights to resolve disputes through a mediation process, and present and resolve complaints through a due process complaint procedure, and through state complaint procedures. IDEA’s procedural safeguards also address disciplinary issues. In general, a child with a disability is not immune from discipline, but the procedures are not the same as for nondisabled children.
To be covered under IDEA, a child with a disability must meet the categorical definition of disability in the act, and the child must require special education and related services as a result of the disability in order to benefit from public education. Once a child meets IDEA’s eligibility criteria, FAPE is implemented through the Individualized Education Program (IEP), which is the plan for providing special education and related services by the local educational agency (LEA). The IEP is developed by an IEP team composed of school personnel and parents. IDEA requires that children with disabilities be educated in the least restrictive environment. That is, to the maximum extent appropriate they are to be educated with children who are not disabled. In 2008, over 50% of all children with disabilities served by IDEA spent 80% or more of their time in a regular classroom.
To implement IDEA, states and other entities (i.e., the District of Columbia, Puerto Rico, the Bureau of Indian Education, the outlying areas, and the freely associated states) receive grants based on a statutory formula. Most of the federal funds received by states are passed on to LEAs based on a statutory formula. IDEA also contains state and local maintenance of effort (MOE) requirements and supplement, not supplant (SNS) requirements aimed at increasing overall educational spending, rather than substituting federal funds for education spending at the state and local levels.
Originally enacted in 1975, IDEA has been the subject of numerous reauthorizations to extend services and rights to children with disabilities. The most recent reauthorization of IDEA was P.L. 108-446 enacted in 2004. Funding for Part B, Assistance for Education of all Children with Disabilities, the largest and most often discussed part of the act, is permanently authorized. Funding for Part C, Infants and Toddlers with Disabilities, and Part D, National Activities, is authorized through FY2011.
Date of Report: May 24, 2011
Number of Pages: 35
Order Number: R41833
Price: $29.95
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Document available via e-mail as a pdf file or in paper form.
To order, e-mail Penny Hill Press or call us at 301-253-0881. Provide a Visa, MasterCard, American Express, or Discover card number, expiration date, and name on the card. Indicate whether you want e-mail or postal delivery. Phone orders are preferred and receive priority processing.
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