The American Rescue Plan Includes a Big Win for IDEA; AOTA Continues to Seek Full Funding

Included in the American Rescue Plan (S. Con. Res. 5) is $3 billion for specific, additional funding for the Individuals with Disabilities Education Act (IDEA). This includes $2.5 billion for K-12 special education under Part B, but also $450 million for early intervention services (EIS) for children from birth to 5 years of age, as covered under Part C, and Part B, Section 619. This huge win is the result of hard work by AOTA staff and occupational therapy advocates. AOTA’s Federal Affairs team led the charge in drawing the attention of members of Congress to an underreported oversight in previous congressional actions—the lack of specific funding for special education and early intervention services. Occupational therapy advocates flexed their muscles by asking for inclusion of additional EIS and IDEA funding during AOTA’s 2020 Virtual Hill Week and throughout the year. But our work is not done.

Since March of 2020, the beginning of the public health emergency in response to the COVID-19 pandemic, AOTA has spoken regularly with occupational therapy practitioners in every state and setting. It quickly became apparent based on reports from occupational therapy practitioners working in early intervention services (EIS) that there was an alarming number of infants, toddlers, and preschoolers with a disability or delay who were not receiving services. These trends were also supported by the results of surveys conducted by AOTA and by a coalition of early intervention stakeholders.

Congress quickly passed three massive bills in March 2020 to address the pandemic, culminating in the largest bill ever approved by Congress, the Coronavirus, Aid, Relief, and Economic Security (CARES) Act. The CARES Act provided $2.2 trillion in funding to ensure access to health care during the pandemic, support health care providers, and support the economy. It also created the Education Stabilization Fund (ESF) in order to get money to K-12 schools. The ESF was designed to get education funds, aimed at both general and special education, to schools as quickly as possible. While funding provided by the CARES Act and by the fourth Congressional COVID response package, the Coronavirus Response and Relief Supplemental Appropriations Act, provided much needed funding to K-12 education, none of that funding went to the state agencies that administer early intervention services, and none was specified to be spent on special education services.

Exact data on how many fewer infants, toddlers, and preschoolers received EIS in the past year will not be available for some time, but 80% of the EIS agencies reported providing fewer services in 2020 than in the year before. EIS programs are intended to provide children with disabilities or those at risk of developing a substantial developmental delay with interventions to assist with minimizing the need for special education as children enter the K-12 system and maximizing the potential for independent living later in life. The lack of funding for EIS programs is an alarming trend, and AOTA will continue to monitor this situation and advocate in support of additional funding to support EIS. We also recognize that the ability to provide robust special education services has been more important and more challenging than ever during the pandemic and will continue to be crucial as education begins to return to normal.

While the money dedicated for EIS in the American Rescue Plan is a massive victory, it won’t achieve the full funding of the IDEA that’s needed to provide every child with a disability the resources for a free and appropriate public education. AOTA will continue advocating for additional federal funding in order to support children with disabilities, including the full funding of the IDEA. Please join us in asking your legislators to provide additional funding to fully support the IDEA.