May–June, 2001 Contents
 Senate
Reorganization
Sen. Jefford’s Defection Brings Senate Shift
On Tuesday, June 5, Senator James Jeffords (I-VT) formally switched
his affiliation
from Republican to Independent and began caucusing with Senate
Democrats, thereby
giving the Democrats control of the Senate. The switch by Senator
Jeffords results
in the changing of many of the leadership roles in the Committees.
Senator Tom
Daschle (D-SD) is expected to become the new Majority Leader and
Senator Edward
Kennedy (D-MA) is expected to become the Chairman of the Senate
Committee on
Health, Education, Labor and Pensions (HELP).
At the current time, Senator Daschle is negotiating with Republican
leaders
on a plan to reorganize the Senate. The Democrats will seek to have a
one-vote
majority on each Committee. Republicans are seeking an agreement that
will prevent
new Democratic-controlled Committees from holding-up Administration
appointees,
particularly federal judges.
The impact of the shift in control in the Senate on the
Senate’s
agenda may be dramatic. While the Senate still plans to continue
working on
ESEA reauthorization and pass it in the next few weeks, it will likely
take
up in the coming weeks Democratic-oriented initiatives such as health
care,
prescription drug benefits, and minimum wage increases.
For the ESEA bill, the leadership changeover is likely to be felt
most when
the Senate passes its version of reauthorization and begins
conferencing that
version with the House’s version. With Democrats
controlling the
Senate delegation in the conference, there is likely to be greater
pressure
to increase education spending and to separately authorize or
deconsolidate
particular education programs. More importantly, with each party
controlling
one delegation to the conference, the conference is likely to be more
contentious
and likely much longer than it would have been with Republicans
heading both
delegations.
Reauthorization
of ESEA
Senate Floor Debate Continues on ESEA Reauthorization
The Senate continued floor debate on S. 1, the Best Bill, the
reauthorization
of the Elementary and Secondary Education Act (ESEA), on June 5. The
Senate
began debate earlier last month and will consider a number of
amendments before
moving toward final passage of the bill.
To date the Senate has considered one education technology amendment,
offered
by Senator Barbara Mikulski (D-MD), which would authorize $100 million
for the
establishment of community technology centers. The amendment passed
50-49.
The Senate bill being debated would consolidate education technology
funds
into a single program and block grant this combined fund by formula to
the states.
The states, in turn, would distribute grants to local districts on a
competitive
basis. Districts would be required to spend 30 percent of their funds
on professional
development. The bill also separately authorizes the Preparing
Tomorrow’s
Teachers to Use Technology (PT3) program at $150 million.
Senate negotiators have agreed on a number of policy compromises,
including
the creation of a demonstration project that authorizes a multi-state
and multi-district
Straight A¹s pilot project and the expenditure of federal funds for
private
tutoring.
The “Straight A’s” compromise would permit
seven states
and twenty-five local districts to participate in “Straight
A’s”
demonstration programs under which they would be permitted to merge
ESEA formula
funds for any ESEA purpose as long as they show that academic
achievement is
increasing. Districts would not be able to move education technology
funds because,
under the Senate’s version of the BEST Act, states would
award those
funds to districts through competitions.
The Senate bill can be accessed at: http://thomas.loc.gov.
House Finishes ESEA Authorization
On May 23, the House approved its version of ESEA authorization,
H.R.1, No
Child Left Behind, by a vote of 384-45. Previously, the House
Education and
Workforce Committee approved H.R. 1 by a 41-7 vote.
As passed, H.R. 1 would consolidate the current education technology
programs,
except Ready to Learn and the Telecommunication Demonstration Project,
into
a single education technology program. The new education technology
title, Title
V part B, would authorize $1 billion for the new program. The bulk of
the funds
would be distributed to the local districts. The Secretary of
Education would
retain 5% of the $1 billion for federal activities. In turn, the
Secretary would
distribute the remaining 95% of the funds to the states. States would
then reserve
5% of the funds for state level activities and distribute the
remaining funds
to the districts. States would be required to distribute funds based
on a formula:
60% of funds would be distributed to high need districts on a formula;
and the
remaining 40% would be distributed on a competitive basis.
Districts would be allowed to use their technology block grant
dollars to increase
access to technology, improve teacher professional development in
technology,
develop innovative strategies using technology, and purchase filtering
and blocking
software. Districts would be required to spend 20% of their education
technology
funds on professional development.
Rep. David Wu (D-OR) offered an amendment during the committee markup
that
would have authorized the Preparing Tomorrow’s Teachers to
Use Technology
program, but later withdrew the amendment. Rep. Wu offered the
amendment to
discuss the real need for pre-service training of teachers to use
technology.
Also, Rep. Wu wanted put into the record that members from the
Committee support
the program and leverage support for authorizing the program in
conference.
In addition, he has introduced a bill, H.R. 1703, which would
authorize the
program.
Additionally, the bill would create a local “Straight
A’s”
program that would allow states and school districts to transfer up to
50 percent
of funds from particular programs to other education programs. Under
this proposal,
districts would be able to transfer 50% of the funds that they receive
for the
following programs: Title II (Teachers), Title IV, part A (Innovative
Programs),
Title V, part A (Safe and Drug Free Schools), Title V, part B
(Technology -
formula portion). Districts would be able to move funds for any
educational
purpose but would be required to fulfill each program responsibility
outlined
in their plan that is submitted to the State.
The bill now also contains a transferability amendment authored by
Rep. Patrick
Tiberi (R-OH)/Rep. Mike Castle’s (R-DE) which would allow
100 school
districts in 50 states (2 per state) to enter into five-year
performance agreements
with the Secretary of Education. The districts would be allowed to
consolidate
funds (up to 100%) from Professional Development, Education
Technology, Safe
and Drug Free Schools, and Innovative Programs. Under the performance
agreement,
districts would be required to show that they are increasing student
achievement.
The voucher provisions contained in the original version of the bill
were stripped
in Committee. Accountability provisions requiring the testing of all
students
in grades 3 through 8 in reading and math remain a part of the House
passed
version of H.R. 1.
The House bill can be accessed at: http://thomas.loc.gov.
Distance Learning Copyright Bill
Senate Judiciary Committee Approves Distance Learning And
Copyright Bill
The Senate Judiciary Committee unanimously approved S. 487, the
Technology,
Education, and Copyright Harmonization (TEACH) Act, on May 17, 2001.
During
the mark-up, the panel adopted an amendment to clarify an original
provision
in the bill that calls for a Patent and Trademark Office study of
copyright-protection
devices. That section was modified to say the report “shall not
include
any recommendations, comparisons, or comparative assessments” of
the products
it mentions. Copyright interests—who originally had opposed the
legislation—and
representatives from the educational community voiced satisfaction
with new
negotiated version of the bill. Floor action on S. 487 has yet to be
scheduled.
The bill, cosponsored by Judiciary Chairman Hatch (R-UT) and Ranking
Member
Leahy (D-VT), is designed to allow educators to use the same material
in distance
learning via the Internet that they use in face-to-face classroom
interaction.
As reported out the committee, the bill would:
- Eliminate the requirement for a distance learning copyright
exemption that
instruction occur in a physical classroom or that special
circumstances prevent
the attendance of students in the classroom.
- Extend the distance learning exemption to the temporary copies,
often known
as ephemeral copies, necessarily made in networked services when
transmitting
material over the Internet.
- Amend current law to allow distance learning educators to show
limited portions
of dramatic literary and musical works, audiovisual works, and sound
recordings,
in addition to the complete versions of nondramatic literary and
musical works
currently exempted. This change applies only to educators in an
online distance
learning setting and students officially enrolled in a distance
learning class.
- Require distance educators (i.e. government bodies or accredited
nonprofit
educational institutions) to implement technological safeguards to
ensure
that the dissemination of material covered under the exemption is
limited
only to the students who are intended to receive it.
- Direct the Patent and Trademark Office to conduct a study on the
state of
technological protection systems available, being implemented, or
proposed
to prevent copyright infringement in distance learning.
- Specify that distance educators and institutions are not
responsible for
copies made by third parties beyond their control. However, the bill
also
requires that any temporary copies that distance educators store on
a system
or network be maintained in a fashion inaccessible to anyone other
than the
intended recipients and not for a period longer than is necessary
for transmission
to the intended recipients.
More information about the legislation is available at www.senate.gov/~judiciary/.
E-rate and CIPA News
Education Groups Express Dissatisfaction With FCC NPRM on Funding
Prioritization
The FCC recently released a Notice of Proposed Rulemaking (NPRM)
proposing
that rules of priority for internal connections be modified so that
applicants
are only eligible for funding every other year in an attempt to
provide funding
for additional applicants. It also seeks to extend the deadline for
the implementation
of non-recurring services, such as networking projects, from June 30
to September
30. The FCC has provisionally extended this deadline each year of the
program
so far. The proposed rules would go into effect for Year 4.
The FCC has received a significant number of comments on this NPRM
from education
groups who believe that although the extension of implementation
deadlines is
needed, the change in the rules of priority could be detrimental to
many applicants.
The FCC proposed the internal connections rule change because the
estimated
$835 million available for these services falls well short of the
$1.15 billion
in requests from Year 4 applicants eligible for 90% discounts, and it
is believed
that the problem will only worsen with time. The rule change would
enable some
applicants as far down as the 82% band to receive internal connections
funding.
Those below that band, however, would still receive no funding for
internal
connections. Without a rule change, only applicants in the 90% band
would receive
pro-rated funding for internal connections, and they would receive
approximately
73 cents on the dollar.
Education and library groups as well as service providers raised
concerns
in formal comments to the FCC that such a change would be disruptive
to the
program because it would occur so close to the beginning of the
program year
and would delay the administrator’s commitment of funds.
ISTE and
COSN advised the commission to not change this rule at this time and
to proceed
with a more fulsome rulemaking to deal with this issue. “With the
demand
in each funding year eclipsing demand in the previous year and the
costs of
Tier I continuing services increasing as more schools and libraries
become connected,
the availability of funding for the entire program, not just for
internal connections,
must be addressed. In our opinion, no matter how the Commission
modifies the
funding priorities, you cannot escape the fact that the program is
funded inadequately
to satisfy the incredible demand for its benefits.”
SLD Provides Guidance in CIPA Compliance
The SLD (Schools and Libraries Division of the Universal Service
Administrative
Company (USAC) has posted its first CIPA compliance guidance material
online,
answering the important question: “If Funding Year 4 applicants
intend
to certify on their Form 486 that they are undertaking actions in
Funding Year
4 to comply with the requirements of CIPA by Funding Year 5, what
should they
do now?”
The SLD concludes that for a school or library to be able to make the
certification
that it is “undertaking action” to become compliant with
CIPA, it
must be able to demonstrate that action was taken by the start of
services for
Funding Year 4˜—in many cases, by July 1, 2001.
This does not mean that schools or libraries must be compliant with
CIPA by
that time, but they must take some kind of specific, documentable
action towards
becoming compliant. The SLD lists a number of examples, including
minutes from
a staff or public meeting on CIPA, receipt of a price quote from the
provider
of a technology protection measure, or a memo from a staff member
outlining
the CIPA issues not addressed by an Accessible Use Policy currently in
place,
among other examples.
ISTE hae asked the SLD to add to the list of examples that would meet
the “undertaking
action” requirement, “A certificate of attendance for an
educational
program on CIPA compliance.”
In addition, for ISTE members in Wisconsin or thinking of coming to
the Midwest
early for NECC, Liza Kessler of Leslie Harris & Associates will be
conducting
a half-day workshop, “CIPA Compliance: What Schools Need to Know
Right
Now.” The workshop is being cosponsored by CoSN and the Milwaukee
law firm
von Briesen, Purtell & Roper, S.C., and will take place Friday
morning, June
22, in the Milwaukee area. Cost is $75 per person. Look for the
invitation in
your e-mail shortly. (Or contact Karen Seebach at von Briesen, Purtell
& Roper
- kseebach@vonbriesen.com)
Kate Moore, President of SLD, Leaving the USAC
After three and a half years as president of the Schools and
Libraries Division
(SLD) of the Universal Service Administrative Company (USAC), Kate
Moore is
leaving USAC to become an elementary school teacher. She has managed
the E-rate
program since its inception and in her farewell announcement spoke
highly of
the staff and the SLD’s accomplishments in helping schools and
libraries
improve education across the nation.
After President Moore’s last day on June 11, George McDonald,
the SLD
Director of Operations, will serve as Acting President. He has been
with the
program since December 1997 and has the full support of the USAC CEO,
Cheryl
Parrino, all of the USAC staff, and the Schools and Libraries
Committee of the
USAC Board of Directors.
In her farewell announcement, President Moore promised to provide an
update
next week on the outlook of Year 4 funding commitments.
USAC 2000 Report Discussing E-Rate Released
The Universal Service Administrative Company 2000 Annual Report is now available
for viewing on the Schools and Libraries web site. The report includes topics
such as: affordable connectivity, rural health care and the E-Rate.
© ISTE, 2001
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