2003-04 Legislative Agenda - Special education

Background
State and federal laws requiring that school districts provide special education are consistent with the notion that every kid deserves a great school. Unfortunately, the state and federal governments do not live up to their own commitments to fund special education.

As a result, the ability of Wisconsin schools to provide classrooms that work is being seriously challenged. Schools are being forced to choose between special education and regular education.

The state and federal laws require that local school districts provide special education and related services for children, ages three through 21, with exceptional educational needs. The state reimburses a portion of the costs for educating and transporting pupils enrolled in special education programs.

The 1999-2001 budget repealed a Wisconsin law mandating that the state reimburse local school districts for 63% of the cost to educate children in special education. Although this statutory requirement existed, the state had not met that commitment for nearly a decade.

Legislative history
WEAC helped form a Special Education Funding Coalition made up of educators, administrators, school board officials and parents. The coalition fought for and won an additional $46.7 million in new funds for special education as part of the 1999-2001 state budget.

This same coalition supports the re-establishment of the 63% reimbursement rate for local special education costs. The group also called for additional funding for special education costs as part of the 2001-2003 state budget. In the end, however, no additional funding was provided for special education in the budget.

WEAC position
WEAC believes that the state must act now to fund its share of special education programs. The state should fund special education categorical aid at the 63% level and become a partner with local school districts in funding special education. WEAC also supports allowing school districts to raise funds outside the revenue caps to pay their share of costs for special education.

Talking points

  • Wisconsin school districts are being forced to choose between special education and regular education programs because of the state's failure to keep its commitment to fund special education. These painful choices harm all students.

  • Rising costs in special education are beyond the control of school districts. According to the Department of Public Instruction, the total number of children in need of specialized education increased 14.7% between 1993 and 1997.

  • The alarming trend of reduced funding has only been made worse by revenue caps. Aids received for special education fall outside the revenue caps. When the state reduces these aids, it forces school districts to allocate dollars from general education programs that fall under the revenue caps to fund mandated special education programs.

  • State reimbursement for special education costs will actually drop to approximately 32% by the end of the 2002-2003 school year. The federal government promises a 40% reimbursement level, yet the actual rate is closer to 12%. The state must become a partner in funding mandated special education costs. This will strike a fair balance between state and local government who must work to guarantee that all children receive access to a great education. With this level of reimbursement, school districts will be able to place all children in classrooms that work.

  • Providing all children with access to a great school must be the top priority for our government. In rare low-incidence high-cost cases, a child in need of special education services can cost many times the statewide average to educate. A low-incidence high-cost relief aid plan should be approved to help in these situations, which can be devastating to schools under revenue caps.

Additional information
Contact Bob Burke at WEAC at 800-362- 8034 ext. 254 or by e-mail at burkeb@weac.org with any reactions, comments or questions.

Posted July 26, 2002