We received a question via message this morning regarding how SB 16 affects special education. We’re guessing other people have the same question, so we’re sharing our edited answer here.

SB 16 removes the goal of the state funding 92% of excess special education costs. Although the legislature hasn’t been funding special education at that level, removing the goal signals that they have no intent of even aspiring to achieve that funding. They’re basically moving the goal post and reducing the evidence that the state is underfunding education. Education advocates would no longer be able to point to the failure to fund special education excess costs as a failure.

There is also a risk that we could lose federal special education funding. The federal Individuals with Disabilities Education Act (IDEA) requires the state to maintain its fiscal effort from one year to the next. Under IDEA, if a state fails to maintain its level of financial support for providing special education services from one year to the next, the Secretary of the U.S. Department of Education is required to reduce the state’s federal allocation in all future years by the amount by which the state failed to meet the requirement. It is unclear whether this would cause a loss of federal funding if we haven’t actually been meeting the 92% but it appears to increase that risk, especially if legislators view this change as giving them permission to reduce special education support in the future.

Originally posted to Facebook on 03/26/2019.