A resolution requesting the Metropolitan Board of Public Education to submit a report to the Metropolitan Council regarding federal funding received and associated costs to implement the Individuals with Disabilities Education Act (IDEA) and the No Child Left Behind (NCLB) Act.

WHEREAS, the Education for All Handicapped Children Act of 1975 was a federal act designed to improve the education results of children with disabilities by ensuring that all such children have access to a free appropriate public education; and

WHEREAS, the Individuals with Disabilities Education Act Amendments of 1997 (IDEA-1997) was enacted by Congress with the purpose of ensuring that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services to meet their needs, and with the purpose of assisting state and local governments to provide such an appropriate public education for children with disabilities; and

WHEREAS, IDEA provides that state and local governments are eligible to receive federal grant funding at a maximum of 40 percent of the average per-pupil expenditure in public elementary and secondary schools in the United States to implement the Act; and

WHEREAS, the No Child Left Behind (NCLB) Act of 2001 is a federal program that requires states to implement statewide accountability systems for all public schools, with a focus on reading and mathematics; and

WHEREAS, one purpose of the NCLB Act is to provide more flexibility for states and local governments regarding the use of federal education dollars; and

WHEREAS, it is fitting and proper that the Council receive a report regarding the level of federal funding received by the Metropolitan Board of Public Education to implement IDEA and the NCLB Act.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That the Metropolitan County Council hereby goes on record as requesting the Metropolitan Board of Public Education to submit a report to the Metropolitan Council regarding federal funding received and associated costs to implement the Individuals with Disabilities Education Act (IDEA) and the No Child Left Behind (NCLB) Act. It is further requested that such report include, but not be limited to, the following:
a) The total amount of federal funding received by the Metropolitan Board of Public Education since 1975 to implement IDEA and the percentage of per-pupil expenditure received by the federal government for the program.
b) The costs associated with assessments/tests and qualified staff to implement the NCLB Act.
c) The costs of tutoring for schools that do not meet the NCLB Act standards.
d) The costs of sanctions/penalties imposed by the NCLB Act, including costs to transport children to another school.
e) The total costs that the NCLB Act has added to the Board of Education’s operating budget since its enactment.

Section 2. The Metropolitan Board of Public Education is further requested to respond to the Council within 60 days from the adoption of this Resolution as to the feasibility of and/or action taken in compliance with the request in Section 1 hereof.

Section 3. The Metropolitan Clerk is directed to send a certified copy of this Resolution to each member of the Metropolitan Board of Public Education and to Dr. Pedro Garcia, Director of Schools.

Section 4. This Resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Diane Neighbors, Buck Dozier, David Briley, Erik Cole, Jim Forkum, Carolyn Baldwin Tucker

Amendment No. 1
To
Resolution No. RS2004-390

Mr. President:

I move to amend Resolution No. RS2004-390 by amending Section 1 by deleting the phrase “The total amount federal funding received by the Metropolitan Board of Public Education since 1975” wherein it appears and substituting in lieu thereof the phrase “The total amount federal funding received by the Metropolitan Board of Public Education since 2000”.

Sponsored by: Diane Neighbors