SHAKER HEIGHTS CITY SCHOOL DISTRICT. Special Education Funding Issues

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SHAKER HEIGHTS CITY SCHOOL DISTRICT Special Education Funding Issues Report to the Honorable Marcia L. Fudge October 5,

BOARD OF EDUCATION 15600 Parkland Drive Shaker Heights, Ohio 441 (216) 295-1400 Mark Freeman Superintendent of Schools October 5, Bryan C. Christman Treasurer The Honorable Marcia L. Fudge U.S. Representative, 11 th District Re: Annual Update on Special Education Issues Dear Congresswoman Fudge: Enclosed please find a report from the Shaker Heights City School District regarding Special Education Funding Issues, which summarizes the impact on our district of the federal government s persistent, severe under-funding of its special education mandate (The Individuals with Disabilities Education Improvement Act, or IDEIA). This mandate, which consumes an increasing portion of Shaker s budget each year, now requires us to devote 18.4% of our annual operating budget to special education. For comparison, in 93, special education expenses accounted for 11.4% of our budget. The proportion has grown alarmingly since then as illustrated by the chart on page 7. Our in-house special education staffing requirements (full-time equivalents) are also large and growing. Currently, 25.6% of our staff is employed in order to meet this mandate (see page 11). Moreover, this statistic does not take into account the fact that we do not serve all of our special education students within our district, but also serve 0 (13.2%) of our special education students out-of-district. Through the out-of-district tuition that we pay, we indirectly employ a considerable number of additional staff to teach and serve these 0 students' needs. Our in-house figure therefore actually understates considerably the number and proportion of staff dedicated to special education. Our true special education staffing percentage has grown, in point of fact, to nearly 30% while only 13.9% of our students are identified as special education. As you recall, when Congress originally imposed its special education mandate, it pledged to provide 40% (Public Law No. 94-142, renamed IDEA and later IDEIA; see also Congressional Record-Senate Volume 131, Page 4886 & 4972-April 6 & 7, 00, respectively) of the cost incurred by local school districts. But even with federal funding increases in recent years, the federal government still contributes only about 11.0% (excluding the 2.4% funded by the final stimulus funding received in fiscal year ) of our district s costs, the State of Ohio contributes 17.5% and our local taxpayers are left to bear 69.1% of this enormous expense. This means that our residents are required to raise nearly 13.1 mills of local taxes to fund this federal mandate, 5.0 mills of which are just to cover the federal government s shortfall, i.e. the $4.3 million in special education expenses that the federal government promised to contribute, but is not paying. MEMBERS OF THE BOARD: NORMAN A. BLISS WILLIAM L. CLAWSON II AMY H. FULFORD REUBEN HARRIS, JR. ANNETTE TUCKER SUTHERLAND

While we complain of the federal government s failure to help as promised with the enormous fiscal burden that it has imposed upon us, we must clarify that we are nonetheless proud of, and committed to, the fine job we do in providing special education services to the special needs children of our district. We do take seriously the educational needs of these children, and we believe that serving them is our moral and legal imperative. Even though there has been some improvement in the dollar amount contributed by the federal government in recent years, particularly with the infusion of stimulus funds in fiscal years, 11 and, these increases have totally failed to keep pace with the faster growing, unchecked increase in special education costs. Moreover, because the stimulus funds for IDEIA are non-recurring, we face a dramatic funding cliff: a scenario in which we stand to lose 36% of the already inadequate amount that we receive from the federal government, drastically worsening an already dire situation. The unchecked growth in cost of mandated special education services has, even without regard to the looming cliff, overwhelmed our budget and impeded our ability to provide programs and services for all of our students. Our revenue is virtually frozen by Ohio law (Ohio House Bill No. 9, now embedded in the Ohio Constitution). In each of the years since 07, we have had to successively reduce our operations because we have not been able to raise sufficient funds to continue at pre-existing levels. Our district was required to be on the ballot in May with a request for a 9.9 mill operating levy, which fortunately was successful. However fully 56% of the requested new revenues would have been unnecessary if the federal government were living up to its commitment to fund 40% of the special education costs that it has mandated. It is past time that the federal government finally honor its commitment to allocate significant additional funds for this vastly under-funded mandate. Providing more realistic, stable, and mandatory funding for special education would enable our district, and other local school boards, to allocate resources to improve education for all students. Specific steps that you as our Representative can take include protecting education investments in the final appropriations bill for fiscal year 13 even during these tough economic times by supporting the highest possible allocation for IDEIA grants; supporting a balanced budget for fiscal year 13 that avoids the across-the-board cuts that are scheduled by sequestration beginning in 13; and supporting the process to reauthorize the Elementary and Secondary Education Act (ESEA) by urging the House (and Senate) Leadership to bring such stalled legislation to a floor vote in time to reconcile the existing differences between the House and Senate versions. Very truly yours, Annette Tucker Sutherland President, Shaker Heights Board of Education Cc: Shaker Heights Federal, State & Local Legislative Delegation 2

# of K- students with Autism SELECTED EXAMPLES OF SHAKER HEIGHTS CITY SCHOOL DISTRICT SPECIAL EDUCATION TUITION COSTS I. Eighty students with autism are served by the Shaker Heights City School District. The individualized needs of these students often require: additional teacher and aide support, augmentative communication devices, equipment to meet sensory diet needs, specialized transportation, and behavior specialist support. The annual per pupil cost for these cases ranges from $43,000 to $8,000. The incidence of autism identification has increased in Shaker Heights as it has nationally. In fiscal 00, Shaker Heights Schools served 5 students with autism, as compared to 80 students currently, for an increase of 1500%. 0 90 80 70 60 50 40 30 0 STUDENTS WITH AUTISM IN THE SHAKER HEIGHTS SCHOOL DISTRICT School Year II. III. Sixteen of the eighty autistic students are being served in out-of-district special purpose facilities with annual tuition and transportation charges to our district that average $82,000 per student. Special education services must begin by age three and many times continue through the child s twenty-first year of life. Appropriate services for these children are typically multiple, labor-intensive and result in an average per pupil expenditure per year of nearly 5 times that for other students. The District has approximately 27 students enrolled in out-of-district programs for the Emotionally Disturbed at an annual tuition rate of $25,000 - $38,500 per student. We are also required to provide transportation to the facility, adding approximately $8,000 to the annual cost for each student. 3

IV. A first-grade hearing-impaired student with other complications receives services from a neighboring school district. This student has physical mobility and communication needs necessitating a one-to-one attendant. The tuition and aide expenses for this student total approximately $70,000 per year. V. The district transports one deaf student to and from the Ohio State School for the Blind and Deaf in Columbus each week. A driver and interpreter are required to make this drive at a total annual cost approximating $25,000. VI. VII. VIII. IX. In addition to out-of-district placements, the District also maintains internal self-contained programs for 35-40 students with multiple disabilities. The cost of these programs averages $68,000 per student per year. Specialized equipment such as augmentative communication devices and laptops with specialized software are required to meet the needs of special education students in various classrooms. The cost of these devices ranges from $150 to $8,0 each. Currently the District provides six of the highest-end devices for student use. The District currently employs approximately 82 full-time aides to assist special needs students either on an individual or group basis. The average annual wage cost of an aide is $22,000 plus benefits. There is currently a need for three additional nurses to provide 1:1 care to medically fragile students currently being educated at two Shaker schools. The approximate cost for the services of the three nurses is $71,000. 4

SPECIAL EDUCATION EXPENSES FUNDING SOURCES DOLLARS IN MILLIONS 18 FEDERAL STATE LOCAL 16 14 8 6 4 2 0 93-94 94-95 95-96 96-97 97-98 98-99 99-00 00-01 01-02 02-03 03-04 04-05 05-06 06-07 07-08 08-09 09- - 11 11-5

SPECIAL EDUCATION EXPENSES FUNDING SOURCES DOLLARS IN MILLIONS FEDERAL STATE LOCAL 8 6 4 2 0 93-94 94-95 95-96 96-97 97-98 98-99 99-00 00-01 01-02 02-03 03-04 04-05 05-06 06-07 07-08 08-09 09- - 11 11-6

SPECIAL EDUCATION as % of TOTAL % of Total Students % of Total General Fund Expenses.0% 18.0% 16.0% 14.0%.0%.0% 93-94 94-95 95-96 96-97 97-98 98-99 99-00 00-01 01-02 02-03 03-04 04-05 05-06 06-07 07-08 08-09 09- - 11 11-7

SPECIAL EDUCATION EXPENSES Under Current Funding Structure actual for 11-2.4% $0.4 million $1.7 million million 11.0% 69.1% $11.0 million $2.8 million 17.5% FEDERAL STATE LOCAL Federal Stimulus 8

SPECIAL EDUCATION EXPENSES If Federal Funding Were 40% for 11-42.5% $6.8 million $6.4 million $2.8 million 40.0% 17.5% FEDERAL STATE LOCAL 9

Federal Shortfall of Special Education Funding in Mills FEDERAL SHORTFALL 6 5 4 3 2 1 0 93-94 94-95 95-96 96-97 97-98 98-99 99-00 00-01 01-02 02-03 03-04 04-05 05-06 06-07 07-08 08-09 09- - 11 11-

SPECIAL EDUCATION STAFF as % of TOTAL EDUCATION STAFF (in-house) 26.0% 24.0% 22.0%.0% 18.0% 16.0% 98-99 99-00 00-01 01-02 02-03 03-04 04-05 05-06 06-07 07-08 08-09 09- - 11 11-11

SpEd.F11& Rev-08-.xlsx Shaker Heights City School District Special Education Expense Data Historical Summary 93-94 Base Year 03-04 04-05 05-06 06-07 07-08 08-09 09- -11 11- Spec.Ed.Exp.-DirectInstr.-Gen.Fd. $4,538,930 $9,0,971 $,4,451 $,130,8 $,495,1 $,623,646 $11,409,901 $,2,986 $11,690,116 $11,645,847 Spec.Ed.Exp.-Related Svcs.-Gen.Fd. $698,858 $1,987,303 $2,055,635 $2,146,489 $2,063,024 $2,081,848 $2,133,257 $2,313,757 $2,2,062 $2,188,769 Spec.Ed.Exp.-Federal Funds-516 & 587 $175,913 $779,211 $1,140,363 $1,3,4 $1,438,096 $1,508,767 $1,7,476 $1,509,028 $1,636,7 $2,139,068 Total Spec.Ed.Exp. $5,413,701 $11,786,485 $13,300,449 $13,589,4 $13,996,241 $14,214,261 $14,740,634 $16,033,771 $15,538,305 $15,973,684 Annual % Change 11.5%.8% 2.2% 3.0% 1.6% 3.7% 8.8% -3.1% 2.8% % Change from base year 117.7% 145.7% 151.0% 158.5% 162.6% 172.3% 6.2% 187.0% 5.1% Total Spec.Ed.Exp.as%of Gen.Fd.Exp. 11.4% 16.1% 17.2% 17.4% 18.0% 17.4% 17.4% 17.8% 17.5% 18.4% % Change from base year 41.2% 50.9% 52.6% 57.9% 52.6% 52.6% 56.1% 53.5% 61.4% Federal Funding (516 & 587) $175,913 $779,211 (d) $1,140,363 (e) $1,3,4 (e) $1,438,096 (e) $1,508,767 (e) $1,7,476 (e) $1,509,028 (k) $1,636,7 (k) $2,139,068 (k),(l) % of Total Spec.Ed.Exp. 3.2% 6.6% 8.6% 9.7%.3%.6% 8.1% 9.4%.5% 13.4% State Unit Funding $881,835 $3,287,386 (c,f) $3,516,626 (c,f,i) $4,039,441 (c,f,i) $4,364,333 (c,f,i) $4,152,336 (c,f,i) $3,815,184 (c,f,i) $2,964,230 (c,f,i,j) $3,040,875 (c,f) $2,800,000 (c,f) % of Total Spec.Ed.Exp. 16.3% 27.9% 26.4% 29.7% 31.2% 29.2% 25.9% 18.5%.6% 17.5% Local Funding $4,355,953 $7,7,888 $8,643,460 $8,237,867 $8,3,8 $8,553,158 $9,727,974 $11,560,513 $,861,303 $11,034,616 % of Total Spec.Ed.Exp. 80.5% 65.5% 65.0% 60.6% 58.5% 60.2% 66.0% 72.1% 69.9% 69.1% Total General Fund Expenses $47,413,222 $73,097,253 $77,169,995 $78,1,728 $77,860,541 $81,570,345 $84,660,118 $89,935,453 $88,771,390 $86,977,530 Annual % Change 6.3% 5.6% 1.2% -0.3% 4.8% 3.8% 6.2% -1.3% -2.0% % Change from base year 54.2% 62.8% 64.8% 64.2% 72.0% 78.6% 89.7% 87.2% 83.4% Total General Fund Expenses Without Special Education $42,175,434 $62,089,979 $65,009,909 $65,843,4 $65,302,396 $68,864,851 $71,116,960 $75,4,7 $74,869,2 $73,142,914 Annual % Change 5.5% 4.7% 1.3% -0.8% 5.5% 3.3% 6.0% -0.7% -2.3% % Change from base year 47.2% 54.1% 56.1% 54.8% 63.3% 68.6% 78.8% 77.5% 73.4% Federal Funding "Shortfall" (h) $1,989,567 $3,935,383 $4,179,817 $4,3,661 $4,160,400 $4,176,937 $4,698,778 $4,904,480 $4,579,5 $4,250,406 % of Total Spec.Ed.Exp. 36.8% 33.4% 31.4% 30.3% 29.7% 29.4% 31.9% 30.6% 29.5% 26.6% % of Total General Fund Expenses 4.2% 5.4% 5.4% 5.3% 5.3% 5.1% 5.6% 5.5% 5.2% 4.9% (a) - Adjusted to reflect proration by year earned for tutor back pay (General Fund). /05/ (b) - Includes the per pupil and weighted spec.ed. amounts adjusted for the effects of the 23 mill chargeoff & the ceiling cap limitation. (c) - Includes the per pupil and weighted spec.ed. amounts adjusted for the effects of the 23 mill chargeoff. Ceiling Cap eliminated after Fiscal 00-01. EBM model effective F; Bridge funding in F11&F.. (d) - Due to substantial increase in Federal per pupil funding combined with an increase in number of pupils. (e) - Fiscal years 05-08 had substantial increase in Federal funding due to four-year phase-out of accumulated funds at State level. (f) - Includes catastrophic aid reimbursements: F01=$41,837; F02=$3,243; F03=$3,476; F04=$508,9; F05=$393,507; F06=$490,907; F07=$869,525; F08=$647,8; F09=$592,167; F=$279,359; F11=$249,771; and F=$317,807. (g) - Restated to reflect catastrophic aid reimbursements as listed in footnote (f) above. (h) - Calculated as difference between 40% of total special education costs less actual federal funding received. (i) - Includes Excess Cost Supplement amounts: F05=$40,000, F06=$213,766; F07=$6,754; F08=$462,433; F09=$309,709; and F&11=$0 due to new EBM model implementation; and F=$0 under Bridge funding. (j) - Reduction due to conversion to Evidenced Based Model State funding beginning in F, replaced by Bridge formula in F11 & F. Also includes 50% reduction in catastrophic aid reimbursement due to reduction in State funding. (k) - Includes Federal Stimulus Funds of $397,961 in F; $5,558 in F11; and $386,1 in F. (l) - Includes additional usage of regular carryover Federal Grant Funds in F.

SpEd.F11& Rev-08-.xlsx Shaker Heights City School District Special Education Student Data Historical Summary 93-94 Base Year 03-04 04-05 05-06 06-07 07-08 08-09 09- -11 11- Number of Special Education Students 535 859 857 884 846 822 768 740 744 759 Annual Change 33 (2) 27 (38) (24) (54) (28) 4 15 % Change from base year 60.6% 60.2% 65.2% 58.1% 53.6% 43.6% 38.3% 39.1% 41.9% Total number of non special education students 4,546 4,764 4,877 4,744 4,731 4,660 4,774 4,744 4,746 4,687 Annual Change (18) 113 (133) (13) (71) 114 (30) 2 (59) % Change from base year 4.8% 7.3% 4.4% 4.1% 2.5% 5.0% 4.4% 4.4% 3.1% Total number of students 5,081 5,623 5,734 5,628 5,577 5,482 5,542 5,484 5,490 5,446 Annual Change 15 111 (6) (51) (95) 60 (58) 6 (44) % Change from base year.7%.9%.8% 9.8% 7.9% 9.1% 7.9% 8.0% 7.2% Special Education Students as % of Total Students.5% 15.3% 14.9% 15.7% 15.2% 15.0% 13.9% 13.5% 13.6% 13.9% /05/ 13