House Education Committee hears bill to remove 11% cap on special education funding

The Oregon House Education Committee on Feb. 17 held a public hearing on House Bill 2,953, which would remove the long-standing 11% cap on funding weights for students eligible for special education.

The bill’s supporters told the committee that the cap, set in 1991, leaves many districts paying for special-education costs from general funds and prevents districts from meeting legal obligations under the Individuals with Disabilities Education Act. Witnesses favored the bill along with a dash-3 amendment that would require additional transparency and accountability for how districts spend any new funds.

Advocates and school leaders said the cap understates current need. Lisa Ledson, director with Advocates for Disability Supports, said, “We strongly support House Bill 2,953 and the dash-3 amendment as an essential accountability tool.” Morgan Allen of the Coalition of Oregon School Administrators said the state faces a “$750,000,000 biennial gap in special education funding” and urged lawmakers to consider the cap’s removal if funding is available. Ben Gurewitz, public policy advocate with Disability Rights Oregon, told the committee the cap raises legal concerns and cited a 2018 U.S. Department of Education finding on a similar policy in Texas.

Parents, classroom staff and superintendents described the practical impacts of the funding shortfall. Renee Becerra, a parent from Portland, said Portland Public Schools “currently spends nearly $25,000,000 beyond state and federal special education funding out of the general fund.” Dr. Kimberly Armstrong, superintendent of Portland Public Schools, told the panel that the cap has not been updated since 1991 and said districts need additional resources to deliver legally required supports. Several witnesses urged that funding be paired with supports for inclusive instruction, professional development and clear accountability metrics.

Testimony also highlighted technical and equity concerns in the formula. Louis DeSitter of the Oregon Education Association urged full removal of the weight cap and the funding of more than 7,000 previously waived weights. School officials said waiver systems shift money rather than create new funding and can produce unintended inequities.

The committee collected extensive oral testimony from parents, educators, district leaders and advocacy groups but did not vote on the measure during the hearing. Chair Courtney Neron closed the public hearing and moved next to House Bill 2,448.

Without legislative action, witnesses said districts will continue to rely on general-fund dollars and other reassignments to meet the needs of students eligible for special education. Supporters asked lawmakers to consider both removing the cap and including accountability language to ensure new funding is used for evidence-based instruction and inclusion practices.