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To Washington Notes 
Index    March 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

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


Applications for E-Rate top Twenty Six Thousand ---------------------------------------

The first round of applications for universal service support has produced an overwhelming response from all over the country. As of March 4, 1998.the total number of applications for E-rate discounts reached 26,868. 23,215 of received applications were filed on-line and 3,653 were posted manually .Of the total, the Schools and Libraries Corporation has received 19, 396 applications for new services.

As of March 6, 1998, twenty four states have filed state-wide applications.51% of the applications have been from School Districts; 29%from schools; 17% from Libraries or Library consortiums; and, 3% from multiple entities consortium.


Nation's Governors Voice Support for E-Rate ---------------------------------------

On February 23,1998 the National Governors Association set a letter to Congressional leadership expressing strong support for the E-rate program. The letter, signed by NGA Chairman George Voinovich, Governor of Ohio and Vice Chairman Thomas Carper, Governor of Delaware, urged Congress "... to maintain the integrity of the program as contained in the original Act , including providing adequate funding for the first year of the program and thereafter." The letter was widely circulated in Washington and served as an important reminder to members of Congress that their states stand to gain important benefits from this program and that any cutbacks would be felt at home.


School and Library Corporation Release New Guidance for Applicants ---------------------------------------

In the past few weeks the Schools and Libraries Corporation has released a number of important new documents as a service to Universal Service Fund (*E- rate*) applicants. These new documents which are available on the www.neca.org web site and via the toll-free 888-203-8100 help line, include:

  • SLC Fact Sheet on Wide Area Networks. This fact sheet clearly summarizes the rules governing the eligibility of wide area networks for USF discounts.
  • SLC Fact Sheet on Master Contracts. This Q&A-format fact sheet discusses state and third-party master contracts and how schools and libraries should handle master contract purchases in their USF applications.
  • SLC Clients* Commonly Asked Questions -- Set III. This document captures the 14 questions most often asked of the SLC Client Service Bureau over the past month and provides clear, succinct answers. Topics include lease purchases, shared vs. site-specific services, figuring discounts for education service agencies or intermediate units, and contracts for monthly Internet service.

These three new documents join several others released by SLC since early February, including an updated Matrix of Eligible Services, a Fact Sheet on Billed Entities, and a step-by-step Fact Sheet on Calculating Discounts.

The School and Library Corporation also released a clarification of the 75 day "window", finding that the window will close on April 15, a day later than previously announced. That means the last date for submitting form 470 will be March 18,1998 in order to allow the 28 days to run before submitting a form 471.


Bill to Tie E-Rate Funding to Access Charge Reduction Expected to be Introduced ---------------------------------------

While no legislation has yet been introduced, key Senate Commerce Committee staffers confirm that legislation to tie the level of funding for universal service to the amount the Federal Communications Commission reduces access charges for long distance is poised to be introduced in the Senate. While it appears that vigorous protest from schools and libraries across the country has lead the key drafters, Sen Hollings (D.SC) and Sen. Stevens (R. Alaska) to moderate the bill by dropping language that would have made internal connections ineligible for e-rate funding, a link between e-rate and access charge reform would still create uncertainty for the fund. Long distance carriers have charged that last year's access charge proceeding before the FCC---which reduced and restructured the way long distance carriers pay regional phone companies for access to their networks--- did not produce enough revenue to both lower rates and fund universal service. If the bill passes, the level of future funding for universal service would depend on the outcome of further FCC proceedings.


SBC Lawsuit Challengin the E-Rate Moves Forward in Federal Court ---------------------------------------

The lawsuit challenging the FCC's authority to enact the universal service program is moving forward in the 5th Circuit Court of Appeals, despite earlier suggestions that the effort might be dropped. In a brief filed on February 20, SBC, Bell South and GTE argued that the FCC implementation of the e-rate was unlawful. Among the chief complaints: that the FCC started the program without identifying an explicit source of funding; that non-telecommunications services such as Internet access and inside connections were eligible for services; and that non-telecommunications providers who were not obligated to pay into the fund, were able to draw out of it. While other RBOCs have stayed out of the suit thus far, they have until the second week in March to file in support of the lawsuit. The FCC and its intervening supporters, including the EdLinc coalition will file opposing briefs in April and May.


McCain's Internet Blocking Bill Moves to Markup ---------------------------------------

After a hearing on February 10th which featured testimony by a commercial Internet pornographer and undercover detective who investigates criminal activity on the Internet, the Internet School Filtering Act, S. 1619, a bill introduced on February 9 by Senate Commerce Committee Chair John McCain, (R- AZ) and cosponsored by Senators Fritz Hollings (D-SC), Dan Coats (R-IN), Patty Murray (D-WA) and. Daniel Inouye (D-HI) is expected to be marked up by the Senate Commerce Committee on March 12..

McCain's proposal would deny schools and libraries that do not use filtering or blocking software, eligibility for the telecommunications discounts under the e-rate. The only school witness was Elizabeth Whitaker, Coordinator of Instructional Technologies, Tucson (AZ) Unified School District, who testified that her school system does deploy filtering software, but urged that the decision be left to local jurisdictions and not be tied to eligibility for e- rate.

Many school and library organizations including the American Library Association and the National Education Association submitted testimony to the Committee opposing the bill and urging that decisions on how to guide children's access to the Internet should be a local matter. Testimony filed jointly by the International Society for Technology in Education and the Consortium for School Networking argued that " [T]he decision whether to filter Internet access should be based on local values, the educational philosophy of the institutions involved, the manner that the Internet is integrated into the curriculum and the ages of the students involved as well as a review of the costs and benefits of the various software options. "

Not all members of the Committee support the McCain bill because of concerns both about federal intrusion into local decision making as well as questions about the bill's constitutionality. For that reason, an alternative bill may be offered at the markup.


Congressional Subcommittee Ignores Fair use in Copyright Markup ---------------------------------------

A subcommittee of the House Judiciary Committee, passed legislation to implement international copyright treaties, but rejected an amendment that would have preserved the rights of educators and librarians in the digital age. The bill, H.R. 2281, a Clinton Administration measure to implement treaties negotiated at the World Intellectual Property Organization, contains protections for copyright owners but little protections for users of digital information resources. The amendment, offered by Rep. Rick Boucher (D-VA), would have assured that the current balance in the copyright law between the rights of the copyright owners and users would continue in the electronic age. But the subcommittee failed to include any explicit "fair use" protections, leaving unclear whether the exception which allows educators, scientists, and students to make limited use of copyrighted works for educational, research and other beneficial uses, fully applies in cyberspace. H.R.2281, which is strongly backed by the publishers and both the music and motion picture industry, is expected to move quickly to the House floor unless opposition builds among House members.

Representatives Boucher and Tom Campbell (R-CA) have introduced alternative legislation, H.R.3048, which would take the "fair use" doctrine into the digital age. It would ensure that educators can distribute copyrighted material through networks to foster distance learning in a broad range of educational settings in the same way they use television in traditional classrooms and broaden the range of works that may be performed, displayed, or distributed as part of a multimedia lesson. Whether that bill gets a fair hearing in the House depends on whether educators, researchers, librarians and others in the fair use community let their members of Congress know of their support.


House Subcommittee Moves Higher Education Bill ---------------------------------------

A subcommittee of the House Education and Economic Opportunity Committee debated and passed a bill to reauthorize the Higher Education Act in early March. While many members of the Committee raised the issue of the need to improve pre-service teacher training, all chose to wait to add provisions to the bill regarding professional development until the full Committee considers the bill later this month. In terms of technology, the bill does include a new provision to allow community service programs in urban centers to use their funding for "improving access to technology in local communities." It also includes a new provision under an existing federal program that assists Historically Black Colleges and Universities and other minority serving institutions to use their federal grant awards to create or improve Internet facilities, and other distance learning instruction capabilities.

The full House Education and Economic Opportunity Committee will consider the bill in two weeks. In the Senate, several bills have been introduced to reauthorize Title V of the Higher Education Act. Senate Labor and Education Chairman Jeffords (RVT) is expected to introduce a bill on the subject soon.


Administration Pushes for Increased Support for Professional Development ---------------------------------------

President Clinton included many education technology programs in his FY 99 budget. Among those programs, the Administration will be pushing Congress to include in the FY 1999 appropriation bill $75 million to help training all new teachers to integrate technology effectively in the curriculum and understand the new styles of teaching and learning enabled by technology.

The Administration also plans to send a $30 million proposal to Congress to promote "Learning Anytime Anywhere Partnerships." It is designed as a competitive grant program for partnerships among educational institutions, software developers, subject matter specialists, and private employers to develop new means of distance learning. The Department of Education is hopeful that this proposal will become part of the Higher Education Reauthorization bill.


Requests for Proposals on Teacher Training Due Out Soon ---------------------------------------

The Department of Education will soon publish an RFP for a new Technology Innovation Challenge Grant that focuses specifically on projects to develop or adopt innovation strategies to reach new and current teachers, administrators, and other educators to help them to use and integrate advanced technology to improve teaching. Thirty million dollars is set aside to fund these grants. Applications will be available at the end of March.

Overall, $106 million has been appropriated for the Technology Innovation Challenge Grants -- some of it will be used for continued funding of existing programs, some will be used for programs specifically outlined in last year's appropriation bill, and $30 million will be used for this new teacher training in technology challenge grant.

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