Home AdvocacyPolicyWashington Notes2001 Feb

• Elementary and Secondary Education Act Reauthorization
• House Education & Workforce Committee Hearing on Bush¹s Education Plan
• Bush Administration Backs Down from E-rate Consolidation
• Subcommittee Hearing Yields E-rate Support
• SLD Updates Year 4 Request Estimate; Demand Overwhelms Funding
• Federal Internet Filtering Mandate: FCC Rulemaking
• Technology Opportunity Program

• Digital Distance Learning Bill Introduced in Senate

Elementary and Secondary Education Act Reauthorization


On March 8th, the Senate Health, Education, Labor, and Pensions Committee completed two days of markup and voted unanimously to approve the Better Education for Students and Teachers Act (BEST), which reauthorizes the Elementary and Secondary Education Act (ESEA). The BEST bill is expected to reach the Senate floor in late April.

The BEST bill would authorize $27 billion for FY02 for ESEA programs. Major new initiatives in the bill include: 1) Reading First program, funded at $900 million; 2) Math and Science Partnerships, funded at $500 million; and 3) Improving Academic Achievement (funds for state assessment of children), funded at $560 million.

Most significantly, the BEST bill would consolidate all education technology programs into a single program that would be block granted to all states by formula. The states, in turn, would require local education agencies to compete for funds. This new program, labeled as Part C of Title II, State and Local Programs for Technology to Use in Classrooms, would be authorized at $1 billion. The BEST bill would attach one significant constraint on fund usage: all local education agencies receiving funds under the formula grant would be required to spend at least 30% of Part C funds on professional development in education technology. Additionally, the BEST bill creates a separate formula grant program through which the Department of Education will conduct a long-range education technology plan.

Part B of Title II of the BEST bill authorizes $500 million for science and math partnerships through a competitive program administered by the Secretary of Education. Sens. Jeff Bingaman (D-NM) and Pat Roberts (R-KS) offered an amendment that the committee accepted by voice vote, authorizing the Preparing Tomorrow¹s Teachers to Use Technology (PT3) program, at a $150 million funding level. Senator Patty Murray (D-WA) offered an amendment, also accepted by the committee, that would target technology funds to local education agencies with the highest need based on the level of poverty and ensure equitable distribution to rural and urban communities. Sen. Barbara Mikulsi offered an amendment, which was defeated, that would have authorized the Community Technology Centers (CTC) program at $100 million.

Below are a list of technology amendments and other key amendments that the committee considered, with results following (amendments that result in tie votes in Committee are considered defeated):

• Sens. Jeff Bingaman and Pat Roberts—An amendment to authorize the PT3 program. Approved by voice vote.
• Sen. Patty Murray—An amendment to target education technology funds. Approved by voice vote.
• Sen. Barbara Mikulski (D-MD)—An amendment to authorize the Community Technology Centers. Defeated by voice vote.
• Sen. Bill Frist (R-TN)—An amendment to create a 15 state Straight A¹s demonstration. Withdrawn.
• Sen. Tom Harkin (D-IA)—An amendment to authorize $1.6 billion for school renovation grants. Defeated 10-10.
• Sen. Patty Murray—An amendment to authorize $2.4 billion for class size reduction. Defeated 10-10.
• Senator Edward Kennedy (D-MA)—An amendment to set aside 50% of funds under Title II for professional development and mentoring programs. Defeated 10-10.
• Senator Jack Reed (D-RI)—An amendment to support the use of education technology to enhance parental involvement. Approved by voice vote.

The BEST bill incorporates some, but not all, of the major elements of education reform sought by President Bush in his education plan, “Leave No Child Behind”. On February 15th, Sec. Paige testified before the Senate HELP committee on Bush¹s education plan, describing it as a framework for a more detailed plan that would be developed through bi-partisan cooperation. In his testimony Paige underscored the President¹s three reform priorities:

• ACCOUNTABILITY Creating “an atmosphere of accountability” through annual research-based, state-developed testing in reading and math for grades 3 through 8, inclusive. Schools that do not improve will lose flexibility in their allowable use of federal dollars, and may eventually have their federal administrative funds penalized.
• FLEXIBILITY Granting states and localities greater flexibility in the use of federal funds by consolidating the funding of existing programs into block grants.
• SCHOOL CHOICE Providing federal vouchers to students in schools that have failed to improve for three consecutive years to attend the public or private school of their choice.

The BEST bill includes accountability and flexibility measures, but does not contain a school choice component. Sec. Paige has stated that the Administration plans to release more detailed budget figures on April 3rd.

House Education & Workforce Committee Hearing on Bush¹s Education Plan


On March 7th, the House Education & Workforce Committee held its only hearing on President Bush¹s education plan. At that hearing, Sec. Paige testified and mentioned two significant policy changes:

1. E-rate Program: The E-rate program will not be consolidated (as described in the article below)
2. 21st Century Community Learning Centers: The 21st Century Community Learning Centers program will retain its separate funding, laying to rest concerns that the Bush administration would attempt to consolidate the program with the Safe & Drug Free Schools program.

21st Century Community Learning Centers is a competitive grant program that provides applicant school districts with funding to conduct after-school programs for children youth and adults. The funds can be used to purchase technology, telecommunications services, literacy programs, and day care, amongst others, and received an appropriation of $845 million in FY01.

The Bush Administration will not attempt to consolidate the E-rate program with the Department of Education¹s educational technology programs, according to the testimony of Secretary of Education Rod Paige at the House Education & Workforce Committee hearing on March 7th. President Bush had initially planned to consolidate the E-rate program, currently administered by the Federal Communications Commission, with educational technology programs administered by the Department of Education.

Paige did not elaborate further on current plans for the E-rate, but Thomas Skelly, Director of Budget Services at the Dept. of Education added that the Administration was still interested in streamlining the E-rate program which has been criticized as overly complicated and time-consuming. He did note, though, that the E-rate would not be part of the department¹s budget.

Possible reasons for the Bush Administration¹s apparent policy reversal may include the strong opposition it encountered from original E-rate sponsors and EdLiNC, the Education and Library Networks Coalition groups, of which ISTE is a member. Also, during the Feb. 15th Senate HELP Committee hearing on President Bush¹s education plan, Sen. Barbara Mikulsi (D-MD) voiced strong support for maintaining the specific and predictable funding available through the Universal Service Program and pressed the issue with Sec. Paige.

Subcommittee Hearing Yields E-rate Support

In an unexpected move at a House Energy & Commerce Subcommittee on Telecommunications and the Internet hearing, convened ostensibly to survey and discuss public/private efforts to bridge the digital divide, Subcommittee Chairman Rep. Fred Upton (R-MI) made a point of praising the E-rate. Instead of attacking the E-rate¹s legitimacy, Rep. Upton acknowledged its utility and focused his comments on how best to ensure that applying districts eligible for less than 80% discounts receive internal connections discounts. Subcommittee Ranking Member Markey (D-MA), a strong proponent of the E-rate, lauded the program.

Additionally, Full Committee Ranking Member John Dingell (D-MI), not a vocal supporter of the E-rate, averred that the 5th Circuit Court¹s 1999 decision on the program and the Supreme Court¹s refusal to review the decision established that the E-rate¹s legitimacy was beyond question. Rep. Dingell also expressed concern that telecommunication companies contributing to the universal service fund are over-collecting from their consumers. He pointed out that some companies charge consumers as much as 8.5% on behalf of the E-rate, yet the Federal Communications Commission, which oversees universal service programs, collects just over 5%. Rep. Dingell urged that any excess money be refunded to consumers, but did not reveal any specific legislative plans.

SLD Updates Year 4 Request Estimate; Demand Overwhelms Funding


On February 28th, the Schools and Libraries Division (SLD) of the Universal Service Administrative Company (USAC) reported that 37,188 schools and libraries requested funding discounts through the E-rate program totaling an estimated $5.787 billion for Year 4, which will run from July 1st, 2001 until June 30th, 2002. The SLD expects this number to decrease as duplicate applications and improperly submitted applications are eliminated.

In her testimony before the House Energy & Commerce Subcommittee on Telecommunications and the Internet, SLD President Kate Moore said that not all of the schools qualifying for 90% discounts, which represent the neediest schools, will receive discounts towards internal connections on account of the great amounts of funding requested.

Federal Internet Filtering Mandate: FCC Rulemaking


ISTE and CoSN filed comments with the FCC on the implementation of the E-rate portion of the Children's Internet Protection Act, also known as the CHIP Act or CIPA. Sponsored by Sens. McCain and Santorum and Reps. Istook and Pickering and passed last year as part of FY01 federal appropriations legislation, the CHIP Act requires schools and libraries receiving certain types of support from the E-rate, Title III, and the Library Services and Technology Act to implement detailed Internet safety policies and install and use filtering technology.

On January 31, 2001, the FCC published proposed rules covering implementation of the CHIP Act's E-Rate sections. Initial comments were filed on February 15, 2001, and reply comments were filed on February 22, 2001. The FCC has until April 20, 2001 to issue rules implementing this Act.

The ISTE and CoSN comments to the FCC focused on three key areas:

Timing The FCC has proposed to make the filtering mandate rules apply to E-rate program Year 4, which begins July 1, 2001. ISTE and CoSN, and many other commenters, disagreed, believing that the new requirements should apply beginning in Year 5. The ISTE and CoSN and comments argued that the fact that schools and libraries have already completed applications, including technology plans, and made staffing decisions for Year 4 indicated that Year 4 is underway administratively. Moreover, changing Year 4 requirements would impose a substantial burden on schools and libraries that have already applied for funding.

Flexibility Although the FCC does not have the power to allow schools and libraries to opt out of the law, it can create rules that are more or less burdensome. ISTE and CoSN comments asked the FCC to create a flexible certification process, and to avoid penalizing consortia members for compliance failures by other consortia members. These comments also asked that the FCC recognize that the purpose of this law is to protect children from exposure to inappropriate material and, as such, that there should be no filtering requirement for computers that are not available for use by students or the general public.

Privacy Because schools are required to “monitor” Internet use, there are concerns about protecting student privacy. Some commenters asked that school and library web logs and other information about Internet use be maintained and made available for perusal by the public and the Internet filtering industry. Because of concerns for student privacy, particularly medical and educational records (which are protected offline), the ISTE and CoSN comments objected to this potential commercial invasion of privacy.

Complete copies of the ISTE and CoSN comments, and the comments filed by others, are available online at www.fcc.gov. The ISTE and CoSN comments are also available (and considerably easier to find) on the ISTE and CoSN web sites.

Technology Opportunity Program


Threats to the TOP Program
The New York Times reported that President Bush was considering a deep cut in the Technology Opportunity Program¹s funding level: from a $42 million appropriation for FY 01 to a $15 million appropriation in FY02. The Technology Opportunities Program (TOP), formerly known as the Telecommunications and Information Infrastructure Assistance Program, is a competitive grant program that brings digital network technologies to communities throughout the United States. At a hearing on March 8th, Chairman of the House Energy & Commerce Subcommittee on Technology and the Internet Rep. Fred Upton spoke of the TOPS program as a small but important federal technology and education program and that he would be looking at the TOPS program as a means of realizing the tremendous potential of educational technology.

Dingell To Introduce Legislation on Excise Tax and TOP Program
Rep. John Dingell (D-MI) said that he plans to introduce a bill with Rep. Towns (D-NY) that would use money from the phone excise tax (estimated at $6 billion per year) to establish a digital divide trust fund. The bill would gradually phase out the excise tax over several years and some of the money would be used to bolster the Technology Opportunity Program (TOP).

Digital Distance Learning Bill Introduced in Senate

On March 8th, Senator Orrin Hatch (R-UT), Chairman of the Senate Judiciary Committee, and Senator Patrick Leahy (D-VT), the Committee¹s Ranking Member, introduced a bill to update the distance learning exceptions and copyright law for digital networks.

The bill, the “Technology Education and Copyright Harmonization Act” (TEACH Act), S.487, is intended to enact the specific recommendations that the U.S. Copyright Office made almost two years ago, to create a new set of rules for the use of copyrighted material in online learning that would replace rules first enacted for closed television broadcasting in the 1970s. ISTE has long advocated changes to the law and was an active participant before the Copyright Office in the proceedings that led to the recommended changes in the law.

The Senators are hoping to move the bill quickly and have scheduled an immediate hearing. In his statement introducing the bill, Sen. Hatch noted, “I think we should all agree that digital distance learning should be hastened and utilized to the greatest extent possibleŠ” and noted examples of how the current exemptions failed to adequately make works available online.