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To Washington Notes 
Index    April 1998
News of U.S. Educational Technology Policy and Legislation provided by the International Society for Technology in Education.
Compiled, written, and edited by Phil Ugelow, Leslie Harris, and Adeena Colbert.
Copyright ISTE, 1998.
If you use excerpts, credit ISTE.


Contents

---------------------------------------


House Committee Approves Copyright Bill but Leaves out Schools, Libraries and Consumers ---------------------------------------

Despite vigorous protest from educators, librarians, and research organizations, the HouseJudiciary Committee approved H.R. 2281, a bill to implement the World Intellectual PropertyOrganization Treaty which outlaws the manufacture and use of any device that may be used tocircumvent copyright protections. The bill protects copyright owners but makes no assurancesthat the "fair use" doctrine, which allows educators, scientists, and students to make limited use ofcopyrighted works for educational, research and other beneficial uses, will apply in the digitalenvironment.

Once again, Rep. Rick Boucher (D-VA) unsuccessfully offered a number of amendments thatwould ensure that educators can distribute copyrighted material through networks to fosterdistance learning in a broad range of educational settings in the same way they use television intraditional classrooms and broaden the range of works that may be performed, displayed, ordistributed as part of a multimedia lesson. Despite continued efforts by Reps. Boucher and ZoeLofgren (D-CA), the bill fails to include any explicit "fair use" protections, leaving it unclearwhether the current balance in the copyright law between the rights of the copyright owners andusers will continue in the electronic age. They have vowed to offer their amendments again whenthe full House considers the bill soon after the April recess. On a more positive note -- thecommittee did vote to include a provision to allow libraries to legally browse copyrighteddocuments.


Senate Education Committee Unanimously Approves Teacher Training Bill ---------------------------------------

The Senate Labor and Human Resources Committee unanimously approved a bill, S. 1882, toreauthorize the Higher Education Act. Title II of the bill "Improving Teacher Quality" createstwo new grant programs -- one for States to institute state level reforms, and another for localpartnerships to implement reform and improvement at the local level. These grants are aimed atimproving the quality of the current and future teaching force by improving preparation ofprospective teachers and enhancing professional development activities. The funds distributed tothe local partnership, in part, will be used to "prepare teachers to use technology effectively in theclassroom." The local partnerships will be required to submit a plan that evaluates the increase inintegrating of technology in teacher preparation and in classroom instruction. Also, states thatreceive funds will be required to report to Congress and the Secretary of Education that they aremaking substantial progress in increasing the number of teachers prepared to integrate technologyin the classroom. The bill now moves to the floor for consideration by the full Senate and then to Conference withthe House. The House Education and the Workforce Committee approved their HigherEducation Reauthorization Bill, H.R. 6, last month. It, too, will soon move to the full House forconsideration.


House Holdse Hearing on Educating Children in Technology ---------------------------------------

The House Committee on Science and the House Committee on Education and the Workforceheld a joint hearing on " Educating our Children with Technology Skills to Compete in the NextMillennium." The five witnesses, which included the President of Pennsylvania State University,Dr. Graham Spanier, and Dyan Brasington, President of the High Technology Council ofMaryland, all emphasized the great need and urgency to assure technology literacy among thenation's children. The hearing provided insights into the strong interest and concern of themembers of Congress that attended the hearing. Many asked poignant questions about leavingtoo many children behind and the threats to our national security if the next generation do nothave the technology skills they need to compete in the workforce and become good citizens. Thewitnesses also emphasized the need for the federal government to have a role in improvingtechnology education through incentives, encouragement and leadership.


Fate of E-Rate Blocking Bill Unclear ---------------------------------------

Despite an agreement among key Senators to develop a compromise to Sen McCain' legislation(S 1619) that would require all schools and libraries receiving e-rate discounts to install softwareto block or filter Internet access, the future course of that bill remains unclear. At the March 12meeting of the Senate Commerce Committee, S 1619 was adopted by voice, with an expressagreement to work out compromise language for the floor. At the markup, many membersexpressed discomfort with the McCain bill and both Sen. Burns ( R -Mt) and Sen Breaux ( D.-La) were prepared to offer amendments to modify the bill. In particular, the Burns amendment,cosponsored by Sen. Wyden (D-.Or) which would have replaced the blocking requirement with arequirement to adopt Interne acceptable use policies seemed to have considerable support on theCommittee. Rather than allow a vote on that measure, Sen, McCain offered to work outdifferences prior to bringing the bill tot he Seante floor. But while Sen. Burns, Wyden, Breauxfully expect to work out better language, Sen. McCain's office continues to put out informationthat fails to acknowledge the lack of full committee support for his bill. or the concession to makefurther changes. At the same time, the Vice President in a speech to the national PTA endorsed the Burns"acceptable use " approach, and Sen. Ed Markey( D MA) introduced legislation in the House, HR3442, which would require acceptable use polices for e-rate recipients. Rep. Bob Franks (R-.NJ)has introduced a proposal identical to the McCain measure, HR 3177.


Rockefeller Bill Requires Phone Bill Disclosure ---------------------------------------

On April 1st, Sen. Jay Rockefeller ( D-WV) introduced legislation that would require longdistance companies that itemize the new school and library universal service charges oncustomer's bills to disclose that FCC actions have lowered rates as well. .S..1897 would r alsodirect the FCC and the Federal Trade Commission to examine the billing practices with in thetelcom industry to make sure they are accurate and not deceptive or misleading

Since the start date for the School and Library universal service Fund in January, several longdistance carriers have been putting separate line items on the bills of business customers to pay forthe carrier's contribution to the universal service fund. Those charges vary considerably and haveset off concerns that he e-rate will raise the cost of phone service. But phone rates were alsosupposed to go down as a result of other actions taken by the FCC pursuant to the 1996Telecommunications Act because fees paid by ;long distance carriers to local phone companies foraccess to local networks were reduced. Whether those cost savings were passed on to consumersis one of the questions that Sen , Rockefeller wants examined.


School and Library Groups Urge FCC to Protect E-Rate ---------------------------------------

The Education and Library Networks Coalition ( EdLiNC), a group of more than 30 school andlibrary organizations, including ISTE sent a letter on March 29th to Federal CommunicationsCommission Chairman William Kennard urging him to "take whatever action, regulatory orotherwise," is necessary to preserve the full funding of the program.

The letter set out the extraordinary efforts that have taken place to get ready for the e- rate incommunities all around the country and warned that "[a] restructuring of the [ E- rate] programmidstream would do irreparable harm to communities all across the nation that have undertakensignificant long -term financial obligations in anticipation of this program. Either outcome wouldnot only upset the legitimate expectations of all applicants...but will work particular harm on thelow- income rural and inner- city communities that the program was designed to benefit most."

The EdLiNC letter also criticized telecommunications carriers who have imposed additional E-Rate charges on business and residential phone bills.

While applications for the program have topped 44,000, some members of Congress continue toattack the program. At a March 31st hearing of the House telecommunications subcommittee,Rep. Dingell (D- Mich), the ranking Democrat on the House Commerce Committee claimed thatthe program had " been transformed into an extravagant entitlement program", while Rep.Michael Oxley ( R- CA), questioned the size of the fund and the inclusion of inside wiring andclaimed that wiring was not necessary because most schools were already connected to theInternet.

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