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   Washington 
Notes

WASHINGTON NOTES
News of U.S. educational technology policy and legislation
Compiled and edited by Leslie Harris, Jee Hang Lee, and Ghani Raines.
© ISTE, 2000.


July 2000 Contents

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To Top Action on ESEA Stalls
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The Senate continues to be at an impasse on the reauthorization of the Elementary and Secondary Education Act (ESEA), S.2. The Senate is scheduled to debate a number of Appropriations bills prior to their August recess but the limited number of legislative days and the upcoming general election make it unlikely that the Senate will consider ESEA this year. The House has also not put the bill on its calendar.

 


To Top Congress Completes Action on Labor, Health and Education Appropriations

On June 30, the Senate passed H.R. 4577, FY01 Appropriations for Labor, Health and Education programs by a vote of 52–43. The bill appropriates $40.2 billion for education programs, an overall increase of $4.6 billion from FY00. Specifically, the bill appropriates $794.5 million in Title III for education technology programs, which is significantly lower than the House’s FY01 bill ($110 million) and the President’s request of $903 million.

A number of amendments to increase funding for ed tech programs were offered on the Senate floor. However, procedural motions that barred amendments that did not offset funding prevented all of the amendments from being considered.

The House also passed H.R. 4577, FY01 Appropriations for Labor, Health and Education program by a 217–214 vote. The House funded ed tech programs at $905 million, an increase of $139 million from FY00 appropriations.

Congress is expected to go to conference in mid-July to hammer out the funding differences between the House and Senate version of the bills. The education technology community will have opportunity to again press for maximum funding for Title III programs. However, the President has threatened to veto the bill because of the low level of funding for education programs overall.

 


To 
Top Competing Filtering Amendments Added to Senate Appropriation Bill
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In May, the House Appropriations Committee adopted mandatory filtering language sponsored by Rep. Ernest Istook (R-OK) in the Labor, Health and Human Services and Education (Labor HHS) Appropriations bill. Rep. Istook’s language mandates filtering software for all computers with Internet access in schools receiving Title III funding under the Elementary and Secondary Education Act.

In June the Senate added two mandatory filtering amendments to the Labor HHS Appropriation bill, S. 4577, one offered by Sen. John McCain (R-AZ) and one by Sen. Rick Santorum (R-PA), calling for schools and libraries to take conflicting approaches to preventing minors from accessing inappropriate materials online. Sen. Patrick Leahy (D-VT) joined Sen. Orrin Hatch (R-UT) in sponsoring a third amendment aimed at the obligations of Internet Service Providers (ISPs). When the Senate goes into conference on the bill with the House in mid-July, the conference committee will reconcile the House and Senate versions of the Labor HHS Appropriation bills and resolve which, if any, of the four amendments will remain part of the final bill.

Sen. McCain’s amendment, which passed 95 to 3, requires schools and libraries receiving E-Rate funds to use filtering technology that blocks access by minors to obscenity, child pornography, and “any other material that the library determines to be inappropriate for minors.” Conditioned only on E-Rate funds, it is not as broad as Istook’s amendment in the House, but many educational, technology, and library groups are opposed to McCain’s mandatory use of filters.

Sen. Santorum offered a less restrictive alternative to McCain’s amendment, citing the concerns of library and education groups wary of federal filtering mandates. Santorum’s amendment, which passed 75 to 24, gives communities receiving E-Rate discounts the option of either using filters or of adopting Internet use policies, a provision that many education and library groups find preferable to McCain’s federal filtering mandate.

Sens. Hatch and Leahy offered a second-degree amendment to McCain’s amendment, which would require large ISPs (those with more than 50,000 subscribers) to provide filtering software to their customers for free or at cost. On the floor, Leahy argued that his approach is preferable to McCain’s, allowing teachers, parents, and librarians to have the tools they need to make decisions in their local communities. This amendment passed by a voice vote.

 


To 
Top Committee Reviews Technology Legislation Promoting Science and Math
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On June 13, the House Science Committee conducted a hearing titled “Science, Math, Engineering and Technology Education in K–12,” at which it discussed H.R. 4272, The National Science Education Enhancement Act (NSEEA), sponsored by Rep. Vernon Ehlers (R-MN). This hearing was the second of three concerning legislation targeting science and math education, with the last hearing slated to take place in mid-July.

Rep. Ehlers stated that students are technologically unprepared for the 21st century and proposed the NSEEA as a remedy designed to strengthen support for teachers and to create more opportunities for students. The bill would institute:

  • More mentoring support for teachers (including training funded by the Federal Work-Study program);
  • Summer institutes of continuing education for teachers;
  • A Web-based clearinghouse for Science, Math, Engineering, and Technology Education (SMET) teachers of materials and programs;
  • An increase in SMET-related opportunities for students in after-school programs.

Witnesses included Dr. Len Simutis of the Eisenhower National Clearinghouse, Dr. Diane Bunce of the American Chemical Society, and Dr. Janice Gruendel of Connecticut Voices for Children.

 


To 
Top Web-based Commission Holds a Hearing
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The Congressional Web-based Education Commission (WBEC) held a hearing on June 26 at NECC to examine the role of the Internet in education. The Commission will provide the President and Congress with a full report and recommendations in November on how federal policy can facilitate Web-based learning. The witnesses included ISTE CEO John Vaille and former ISTE board president Lynn Schrum. The full list of participants can be found at www.Webcommission.org.

The roundtable format of the hearing provided witnesses the opportunity to discuss a series of questions posed by moderator and ISTE board member Cheryl Lemke. The witnesses considered the following questions:

  • What policy approaches should be considered by federal, state, or local officials to help maximize the education promise of the Internet for K–12 teaching and learning?
  • Are we ready to support new learning methodologies or even new learning institutions made possible by the World Wide Web without fully understanding what might be lost in the process?
  • What specific recommendations should the Commission consider adopting to assist (and help prepare) policymakers as they seek to answer these questions?

The witnesses raised concerns about teacher shortages and the lack of technology-proficient teachers entering the workforce. They suggested that multistate certifications for teachers be developed to help teachers cut through bureaucracy when they move to another state. They also emphasized the need for the federal government to become more active in supporting and funding professional development with a special emphasis on preservice training.

Additionally, witnesses urged the Commission to advocate for more funds for research and evaluation and pressed for a system that highlights best practices. There was a general agreement that at least 10% of education technology funds should be spent on research. They also stressed the need for the evaluation process to be tied to standards. Sen. Bob Kerrey (D-NE), Chairman, expressed his desire to have the Commission support larger increases in research as well.

The witnesses urged the creation of more high-quality courses and identified two areas where education technology is making a difference:

  • student control of their own curriculum and
  • increased parental involvement.

Some witnesses questioned if traditional school hours and funding based on “seat-time” are compatible with the direction and abilities of the developing Web-based education sector. The witnesses were adamant that school policies should not encumber the development of new technology and its effective application.

 


To Top CEO Forum Releases New Report
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The CEO Forum released its new report The Power of Digital Learning: Integrating Digital Content at the National Educational Computing Conference. The report makes two key recommendations:

  1. increase investment in digital content and
  2. perform a digital content inventory.

The report can be found on the CEO Forum on Education and Technology Web site: www.ceoforum.org/

 


To 
Top Appeals Court Upholds Injunction against COPA

On June 23, the 3rd Circuit Court of Appeals upheld the injunction preventing the U.S. government from enforcing the criminal provisions of the Children’s Online Protection Act (COPA), ruling in favor of the ACLU’s challenge to the criminal provision’s constitutionality. The ACLU requested the injunction in late 1998, soon after COPA became law, claiming the criminal provisions of COPA constituted an unconstitutional block on speech protected by the First Amendment. It is unclear if the federal government will appeal the ruling or if they will opt to return to a lower court for a full trial.

COPA’s purpose is to prohibit Web sites from knowingly allowing the under-aged access to material that is “harmful to minors.” If COPA were enforced, violators would be subject to fines of up to $50,000 per offense, prison terms of six months, or both.

 


To 
Top COPA Commission Holds Field Hearing

On June 8 and 9, the Commission on Online Child Protection held its first field hearing in Washington, DC. As a part of COPA, Congress created a temporary Commission of 19 members to study various technological tools and methods for protecting minors from “material that is harmful to minors.” The Commission heard testimony on:

  1. Developing common resources that are readily available and easy to implement for parents to help protect minors,
  2. Age verification technology, and
  3. Creation of top-level domain for adult-oriented material.

On July 20 and 21, the Commission will conduct its second field hearing in Richmond, Virginia. The hearing will address filtering technology, labeling, and content rating. The Commission is to deliver a final report by November 30, 2000, to Congress detailing each of the methods it studies. (The ACLU injunction did not challenge the creation or mission of the Commission, so the Commission’s work continues regardless of the court dispute.) For more information, visit www.copacommission.org.

 


To 
Top EdLiNC Releases E-Rate Report for Year Two

The Education and Library Networks Coalition (EdLiNC) issued its second annual report on the E-Rate at the American Library Association Conference in Chicago (www.ala.org/events/ac2000). E-Rate: Keeping the Promise to Connect Kids and Communities highlights 46 communities and how they benefited from E-Rate discounts. The E-Rate provides discounts ranging from 20% to 90% to certain K–12 public and private schools and nonprofit libraries for telecommunications services, Internet access, and internal connections.

The EdLiNC report shows that the E-Rate discount program is playing a central role in bridging the Digital Divide by bringing new technologies and the Internet to schools and libraries across the country. In turn, schools and libraries are bringing innovative new learning models to children and lifelong learners, as well as a host of unexpected synergies to entire communities.

This report analyzes nearly 500 surveys received from public and private schools, school districts, libraries and library consortia, mixed consortia and state education agencies, on the impact of the program in communities across America. The findings include:

  • The E-Rate program is increasing involvement in and opportunities for learning for all Americans by encouraging teachers to integrate new technologies into learning. It is also sparking a remarkable growth in distance education and transforming libraries into centers for digital learning and communications.
  • The E-Rate program is fostering greater parental involvement in children’s learning as parents learn to use Internet tools (including e-mail and school Web sites) to monitor their children’s progress and to communicate more regularly with teachers and school administrators. Many schools are opening their doors at night to teach technology skills to parents and others in the community.
  • The E-Rate program is spurring demand for and deployment of the Internet. Because of E-Rate funding, many schools and libraries in underserved areas are leading the way in their communities in gaining access to the Internet and obtaining broadband (high-speed) connections.
  • E-Rate discounts are leveraging significant new investments in technology in schools and libraries by dramatically expanding the ability of schools and libraries to meet and even exceed their technology goals. Savings realized from the discounts are being reinvested into other technology needs. Moreover, the E-Rate is serving as a catalyst for states and private foundations to increase their technology assistance programs to schools and libraries.
  • The E-Rate program is fostering partnerships among diverse community institutions, which can use their new connectivity to build creative community partnerships with businesses, community colleges, museums, and senior citizen centers. For example, local public libraries are filling gaps for schools without libraries, and students are training senior citizens in the use of the Internet.

The Education and Libraries Networks Coalition (EdLiNC), of which ISTE is an active member, works to provide our nation’s school children and communities with affordable access to the information resources of the 21st Century through programs like the E-Rate. The coalition includes national organizations representing public schools, private schools, libraries, and rural community groups.

 


To Top E-Rate Update

With Year 3 underway, the Schools and Libraries Division (SLD) of the Universal Service Administrative Company (USAC) has released Wave 12 of Year 3’s funding commitments. To date, the SLD has sent $1,025,818,503.58 in discounts, with the largest portion of funding (38%) going to the 80–89% discount band. Of the 21,954 letters, 75% went to urban schools and libraries with the remainder going to rural areas. For complete information on funding disbursal for all years, go to the funding data section of the SLD Web site.

As of June 19, the SLD is no longer accepting the old Form 486 (those dated July 1999 or earlier). Only the new, simplified Form 486 will be processed. The new Form 486, as well as the new Form 500, can be downloaded from the application section of the SLD Web site.

 


To 
Top Policy Action Committee Holds First Meeting

This spring, ISTE created a U.S. Policy Action Committee (USPAC) comprising ISTE board members, representatives from ISTE Organizational Affiliates, and staff who will draft an ISTE policy platform to inform the organization’s work in Washington, DC. The goals for the USPAC are to:

  1. shape a policy platform for ISTE;
  2. engage members’ constituencies in this policy formation;
  3. actively develop policy for ISTE to advocate
  4. develop support statements for legislative policies.

Led by former Board Member Chip Kimball, USPAC held its first meeting at NECC to discuss the creation of ISTE’s policy platform. The committee’s first task will be to draft policy describing ISTE’s view of the federal role in education technology. The subsequent policy statements will cover other key issues including:

  1. ESEA,
  2. professional development,
  3. standards, and
  4. E-Rate.

The committee is planning to provide the document to the next administration and new Congress.

 


To 
Top High Court Upholds Loans to Parochial Schools

On June 28, in a highly fractured decision, the Supreme Court in Mitchell v. Helms, ruled that federal funds may be used to loan religiously affiliated schools computers and other multimedia under a law that distributes such material to both public and private schools based on enrollment. While the decision itself was expected based on recent precedents, the five justices who supported the holding could not agree on a rationale. Justices Thomas, Rehnquist, Scalia, and Kennedy embraced a sweeping reading of the establishment clause that would permit money to go to parochial schools equally in any instance where there is a neutral secular purpose in doing so, regardless of whether the actual effect resulted in government inculcation of religious doctrine. Justices O’Connor and Breyer also upheld the law, but under a far narrower rationale, holding that there was no rational constitutional line that could be drawn between loans of books and instructional materials already approved by the Court and loans of computers. O’Connor rejected the argument that computers and multimedia equipment posed a greater risk of being “diverted” to religious use.

 


Prepared by Leslie Harris, Jee Hang Lee, and Ghani Raines
On behalf of the International Society for Technology in Education.
© ISTE, 2000

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