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To Washington Notes 
Index    October 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

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


To 
Top SLC Moves Towards Commitment of Funds ---------------------------------------

In a letter to E-rate participants on September 23rd, acting SLC CEO Kate Moore announced that the funding process is headed into the "home stretch." Moore explained that the final steps that must be completed before commitment letters could be sent, including: detailed reviews of random samples of applicants to test the program integrity process; finalization of the post- commitment procedures and systems so that invoices for discounts may be expeditiously handled; and the obtaining of a report from the independent auditor affirming the soundness of internal controls. Moore went on to explain that funding commitment letters will be issued in waves with first priority on funding telecommunications services and Internet access and then funding for the most needy applicants for internal connections.

Over 40 training workshops in 40 states have been scheduled to explain the final steps of the funding process and review the forms that will be necessary for processing invoices.


To 
Top No Increase Expected for Ed Tech Programs This Year ---------------------------------------

The Senate appropriations committee has recommended no increase in funding for the educational technology program for the next fiscal year, and has rejected the Administration's request for an additional 75 million for professional development. With the Labor-Health and Human Services bill mired in controversy, it is unlikely that Congress will adopt the bill before it adjourns. Education funding will instead be part of a "continuing resolution" which will extend current funding levels until sometime next year. Go to www.ed.gov/offices/OUS/budnews.html to see the Department of Education press release on the budget issue.


To 
Top No Congressional Action on E-Rate Expected This Congress ---------------------------------------

After a summer of turmoil, the political climate in Congress around the E-rate appears to have calmed down substantially. The threat by Rep. Scarborough (R- FL) to offer an amendment to kill the E-rate failed to materialize after an outpouring of opposition from around the country. Sen. McCain (R-AZ) a leading critic of the E-rate and Chairman of the Senate Commerce Committee issued a statement after meeting with Kate Moore, the new acting CEO of the SLC expressing his confidence in the new management and suggesting his renewed support for the program. Senator McCain stated, "the new leadership causes me to believe that this program will be successful and last long into the future. I look forward to working with [Ms. Moore and Cheryl Parrino, CEO of the Universal Service Administrative Service]. I hope that their ongoing efforts will assure that those who receive the funds and those who pay for them will benefit to the greatest extent possible."

At the same time, several bills have been introduced that would significantly alter both funding for and the structure of the program. The chairs of both the House and Senate Telecommunications subcommittees have introduced legislation to fund the E-rate out of long-standing federal excise taxes (FET) on telephone service. That legislation would transform the E-rate into a state block grant program managed by the National Telecommunications Infrastructure agency (NTIA) in the Department of Commerce. A narrower bill that would retain the current structure and rules but move the funding source to the FET has been introduced by Rep. Klink (D-PA).

School and library groups, while stopping short of opposing these proposals, have criticized the approach on a number of fronts, most prominently that the Burns-Tauzin bill would require the Department of Commerce to start all over to determine the rules for participation and service eligibility. Moreover, the bill provides no transition for current program participants and eliminates much of the local decision-making permitted by the current program. The switch to general revenues would also subject the E-rate to the political uncertainties of the budget and appropriations process, and would put eligibility in doubt for many private schools. No action is expected this Congress.


To 
Top Opening of E-Rate Window Off Until December ---------------------------------------

With funding commitments for the first round of E-rate applicants excepted shortly, the FCC is expected to issue an order delaying the start of the next application period until December first. Under the FCC's fifth order in June, the "window" for new applications was set to open October first. But delays in the program due largely to new program auditing requirements ordered by the GAO have set that schedule back.


To 
Top Digital Copyright Bill Heads to Conference ---------------------------------------

The House and Senate have finally convened a conference committee to work out differences between S. 2037 and H.R. 2281, different versions of a digital copyright bill. Education and library groups have vigorously worked to ensure that fair use rights are not impaired by the new legislation, particularly its new criminal prohibition against the circumvention of "technological protection measures" in order to access copyrighted works. The Senate version of this sweeping new crime provides for no exceptions or limitations, even to ensure that fair use rights are protected. The House version, however, empowers the Secretary of Commerce to consider fair use impairment and waive categories of copyrighted materials from the new ban on circumvention if necessary. Over a dozen school and library groups including the ISTE urge the conferees to adopt the House provision. "While we would have preferred affirmative language that allowed educators, librarians and others to raise fair use as an affirmative defense to this

The letter also expressed strong opposition to H.R. 2281's inclusion of a provision to extend extraordinary legal protection to informational collections such as databases. This provision would cover all collections of information, even those comprised solely of public domain data and would require that database owners prove only that they invested substantial resources in compiling the database.

Although the bill appears headed for passage this Congress, criticism has been mounting for many who believe the new legislation will have unforeseen consequences, particularly for users of copyrighted information. (For more information, see www.dfc.org )


To 
Top Fight on Mandatory Filtering Software for Schools and Libraries Expected ---------------------------------------

During the last hectic weeks of the Congressional session, amendments are expected to be offered to mandate that schools and libraries that receive E- rate discounts or other federal funding for computers or software be required to install filtering or blocking software on any computer with Internet access. Both the House and Senate have a number of "must pass" bills still to be considered, which are prime places to expect mandatory filtering amendments to be attached.

In July, the Senate adopted S. 1681 sponsored by Sen. McCain (R-AZ) and Sen. Murray (D-WA), which would condition E-rate money on the use of such software. The bill was adopted as an amendment to the State Justice Commerce appropriation. Earlier in the summer, Rep. Istook attached a broader blocking and filtering requirement to the Labor HHS bill in the House Appropriations Committee. Both measures appear stalled, so sponsors are looking for other places to offer their legislation before the end of session.


To 
Top Kids Internet Privacy ---------------------------------------

In response to a June 1998 report on privacy issued by the Federal Trade Commission at Congress' request, which concluded, among other things, that most commercial websites directed at children collect a wide range of personal information from the children who visit their site, Sen. McCain (R-AZ) and Bryan (D-NV) have introduced the "Children's Online Privacy Protection Act of 1998," S. 2326. This legislation is intended to give parents a tool they could use to control children's personally identifiable information and limit its use in marketing. In addition to requiring clear notice of what information is collected from a site and how the information is used, the bill requires parental permission before children under 13 can give out personally identifiable information to commercial website operators that target children, and requires that parents be given notice of and the option to curtail any further use of personal information given out by older children.

As originally written, many critics charged that the bill was overbroad and would sweep every e-mail exchange between a child and a web-site into the law, limiting children's effective use of interactive services as well as their access to information. The bill as introduced also defined commercial website in a manner that would include libraries, museums and any nonprofit that offered anything for sale on its site. Significant changes in the bill are anticipated before it is marked up by the Senate Commerce Subcommittee on Telecommunications in early October.


To 
Top Nationwide Public Education Campaign Launched ---------------------------------------

On September 15, 1998, a partnership of education and children's advocacy organizations and Internet service and children's programming providers launched a multimillion dollar Internet education campaign. The goal of this campaign is to make the Internet experience safe and rewarding for children. Public Service Announcements, a Safe Surfing' video-featuring kid celebrities like Taran Smith from Home Improvement, Irene Ng from The Mystery Files of Shelby Woo, and Olympic gold-medallist Kerri Strug-that will be provided for free to every school in the country, a user-friendly website, and numerous other educational tools are being used to reach and teach anyone who is interested in children and the Internet.

So far, America Links Up has registered "teach-ins" in over 30 states-these events are taking place in schools, libraries, cybercafes and computer stores. Anyone can organize a teach-in using the grassroots toolkit available for free online at www.americalinksup.org and includes sample curriculum, handouts, and safety tips for both parents and children.


To 
Top Block Grants Proposed for Educational Programs. ---------------------------------------

The move in Congress to block grant education funds picked up steam in Congress in September when the House adopted H.R. 3248, the "Dollars to the Classroom Act." This bill was sponsored by the vast majority of the House Republican leadership, and passed the whole House by a substantial majority. This bill takes all of the funds appropriated to the following programs and, allocates each state the aggregate amount that state received in fiscal year 1998, or a proportionally smaller amount if the appropriation for education programs is reduced. The programs covered include: Title III of the Goals 2000 Act, five sections of the Elementary and Secondary Education Act of 1965, and Part B of Title VII of the Stewart B. McKinney Homelessness Assistance Act. Additionally, the statutory and regulatory requirements of Title I, Part A of Title II, Part A of Title V, Title VIII, and Part B of Title IX of the Elementary and Secondary Education Act of 1965, and the Carl D. Perkins Vocational and Applied Technology Educati


To 
Top Innovation Challenge Grants Awarded ---------------------------------------

A total of $30 million in Innovation Challenge Grants was awarded in September to 20 school district partnerships in 17 states. This money is to help prepare new teachers and support current teachers in developing their skills to use computers and advanced technology in the classroom. The partnerships include 150 school districts, 100 businesses, and 80 colleges and universities, for a total beneficiary population of about one million students.

Posted on behalf of the International Society for Technology in Education by Leslie Harris.

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