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ISTE Washington Notes

News of U.S. educational technology policy and legislation, posted as a service of ISTE, the International Society for Technology in Education.
Copyright © 2007 ISTE

Guide to Acronyms used in Washington Notes

July 2007 Contents

House Passes Bipartisan Appropriations Bill

In July the House of Representatives passed its version of the FY08 Labor, Health and Human Services, and Education appropriations bill, which includes level funding for the Enhancing Education Through Technology program (EETT). However, with the Senate still to act and a Presidential veto likely, the House's action may only bring education funding a step closer to a probable train wreck.

As passed, the House bill contains $152 billion in discretionary spending. Approximately $62 billion of that is slated for the U.S. Department of Education. The bill represents an increase of $5.5 billion in discretionary spending over FY 2007 and is about $6 billion more than President Bush had requested. If enacted, education programs under the No Child Left Behind law would see an 8.6 percent increase above this year, about double the increase called for in Bush's proposed budget. That includes the largest ever increase, 14.7 percent, for Title I assistance to low-income children. Under the bill, Pell Grants for about 5.5 million college students would be boosted by 14.1 percent, enough to raise the maximum grant to $4,700. The final bill also upholds the Appropriations Committee's decision to cut $600 million from the troubled Reading First program.

The bill enjoyed substantial bipartisan support. On the floor, Representative Jim Walsh (R-NY), the ranking Republican on the relevant appropriations committee, praised the bipartisan nature of the negotiations on the bill and was satisfied with the final product. "[T]his bill addresses many of the most critical issues confronting our nation-our families' health care, our children's education, our retirement security and our own workplace protection and job training needs," Walsh said. "If I were chairman, and I had this allocation, I'm not sure I would have written the bill a whole lot differently." The bill ultimately passed on a final margin of 276-140, with many Republicans supporting it.

President Threatens Veto

President Bush, however, did not greet the bill's bipartisan passage warmly. He re-affirmed an earlier threat to veto any appropriations bill with higher spending levels than his own FY08 budget, saying that the Labor, HHS and Education Appropriations bill contains an "irresponsible and excessive level of spending." In a Statement of Administration Policy released on July 17, the president also took issue with Congress's cuts to the Reading First program.

If the House and the Senate ultimately approve a final appropriations measure that still exceeds the Administration's spending levels and the President carries through with his threats to veto it, overriding the veto may prove difficult. The final vote margin for the House bill was 276-140, 14 votes short of the two-thirds required to override a presidential veto. Minority Leader Boehner (R-OH) expressed confidence that in the end, House Republicans could sustain a veto: "We have other members who, while they may have voted 'yes' here, will vote to sustain a veto. I'm not worried about it."

This likely veto scenario would present House and Senate Democrats with some difficult choices. One option would be to craft a giant omnibus bill that contains all of the unpassed or vetoed appropriations bills, of which there could be many, and try to ram it through. Another option would be to refuse to pass any spending bills or temporary funding measures and shut down the government, something that a Republican-controlled Congress did during President Clinton's first term. A major deterrent to that brinksmanship strategy, outside of the havoc wreaked by shutting down various federal programs, is the uncertainty over who would be blamed by the public - the President or Congress. Last time, the public blamed Congress.

ATTAIN Bill Introduced in Senate by Bipartisan Coalition

Just before the Senate adjourned for its August recess, the Ed Tech community received some welcome news from the Senate: Senators Bingaman (D-NM), Burr (R-NC), and Murray (D-WA) introduced the Achievement Through Technology and Innovation (ATTAIN) Act on August 4.

"This is great news for kids and for teachers," said ISTE CEO, Don Knezek. "They need modern skills and tools to flourish -- just like the rest of us and the nation as a whole. That's why we're so pleased to see the ATTAIN bill move forward in a bipartisan way through the House and now the Senate. It's a systematic and sensible approach to improving teaching and learning for this century."

Like its companion in the House (HR 2449), the Senate legislation would:

  • revamp the formula and competitive grant programs in the current Enhancing Education Through Technology Program (EETT) to focus, respectively, on professional development system redesign initiatives;
  • prioritize funding to schools in need of improvement; and
  • require states to assess whether students have attained technological literacy by the eighth grade.

Unlike the House version, the Senate bill proposes a National Center for Achievement Through Technology. The proposed Center would conduct research on education technology implementations and disseminate best practices.

ISTE and its members played key roles in developing both Senate and House versions of ATTAIN. Several other groups of education stakeholders also contributed significantly to the legislation, including the Consortium for School Networking (CoSN), Software & Information Industry Association (SIIA), and the State Educational Technology Directors Association (SETDA). These groups applauded the Senate introduction roundly

Comparing ATTAIN and EETT

The Senate version of the ATTAIN Act would update the existing EETT program by:

  • Increasing the share of state-to-local funding distributed by formula from 50% to 60% and adding a minimum grant size in order to assure that more school districts receive allocations of sufficient size to permit them to operate significant education technology programs.
  • Strengthening the program's emphasis on teacher quality and technology skills by raising the portion of formula-grants set aside for professional development from 25% to 40%, while emphasizing the importance of timely and ongoing training.
  • Channeling the 40% of funds allocated for competitive grants, previously unrestricted, to schools and districts for systemic school reform built around the use of technology to redesign curriculum, instruction, assessment and data use.
  • More closely aligning the program with NCLB's core mission by giving priority in competitive grant awards to schools identified as in need of improvement, including those with a large percentage of Limited English Proficient students and students with disabilities, as well as by focusing formula grants on students and subjects where proficiency is most lacking.
  • Renewing NCLB's commitment to ensuring that students are technologically literate by the eighth grade through requiring states to assess student knowledge and skills, including through embedding assessment items in other state tests and performance-based assessments portfolios.
  • Establishing a National Center for Achievement Through Technology.

Next Steps for ATTAIN

The bipartisan group of Senate co-sponsors (Bingaman, Burr, and Murray) represents an extremely strong coalition. They can help pass ATTAIN and, ultimately, fund it. All three senators sit on the Health Education Labor and Pensions (HELP) Committee, which is responsible for NCLB reauthorization. Senator Murray also sits on the Appropriations Subcommittee for Labor, Health and Human Services, Education and Related Agencies, putting the program in good position to receive adequate appropriations levels.

ISTE and its partner organizations will work on gathering additional cosponsors. The central goal here, as with the House version, is to incorporate ATTAIN into legislation reauthorizing NCLB. However, the fate and timing of a full reauthorization of NCLB remain murky at this point.

New Bill Requires Education for Internet Safety

Ten days after the Senate Commerce Committee heard testimony from experts, including the current Miss America, Committee leaders - including Senators Stevens (R-AK), Inouye (D-HI), Hutchinson (R-TX), Nelson (D-FL), Pryor (D-AR) and Rockefeller (D-WV) - introduced legislation designed to promote Internet safety and increase penalties for online child pornography.

Most significantly, the new bill, called the "Protecting Children in the 21st Century Act" (S. 1965), requires that schools receiving E-Rate dollars certify that they are "educating minors about appropriate online behavior, including interacting with other individuals on social networking websites and in chat rooms and cyberbullying awareness and response."

The new language is intended to replace the extremely controversial provisions of the Deleting Online Predators Act (DOPA) legislation, which would have required all E-Rate recipients to block access to social networking sites and chat rooms, as defined by the Federal Communications Commission.

The new legislation would not require blocking of such sites nor would it involve the FCC in attempting to define social networking sites or chat rooms. All that it would require is that schools "educate" students in appropriate online behavior related to social networking sites, chat rooms and cyberbullying and include in their Internet Use Policies that they are doing so. The bill does not specifically call for schools to develop and operate Internet safety courses but schools could do so in order to fulfill the "education" requirement of this bill.

Safety Bill Sponsors Hear from Ed Tech Community, Miss America

Over the past six months, the lead sponsor of S. 1965, Senator Ted Stevens, worked closely with representatives of the education and education technology communities to fashion the E-Rate provision. Senator Stevens decided to rewrite the existing DOPA language, which he had introduced in January as the starting point for conversation, after hearing arguments from the community that the DOPA approach would be onerous for schools and encroach on local school authority.

Senator Stevens and his fellow Committee members were also influenced in preparing this legislation by testimony at the July 24th Commerce Committee hearing where virtually all of the witnesses declared that education was the best way to keep children safe online.

Lauren Nelson, Miss America 2007, testified about her personal online experiences, which included participating in an America's Most Wanted sting, and recommended mandatory online safety education for all children, delivered through existing computer science classes.

Lan Neugent, Virginia's Assistant Superintendent for Technology and Human Resources, agreed wholeheartedly with Ms. Nelson on the importance of education, but stated that: "Internet safety cannot be covered in a single lesson or unit or by using a single program or resource…(it) must be integrated into the curriculum as part of a teacher's daily practice." Mr. Neugent also cited several other elements that must be in place for Internet safety programs to operate effectively: technical assistance; professional development for teachers; and implementation monitoring.

The Senate Commerce Committee is expected to mark up this bill in September. There is no companion legislation as of yet in the House, with the exception of the original Deleting Online Predators Act legislation, which Rep. Mark Kirk (R-IL) reintroduced earlier this year.

New Data Bills Include Central Repository, Professional Development

The final week before the August recess also saw the introduction of legislation on longitudinal data systems in both the House and Senate. Representatives Rush Holt (D-NJ) and Carolyn McCarthy (D-NY) introduced new legislation, the Measuring and Evaluating Trends for Reliability, Integrity, and Continued Success Act (METRICS). The bill would authorize $150 million in formula grants to states for the development and implementation of statewide longitudinal data systems. It includes a set-aside of up to $2 million to support states in developing these systems, disseminating best practices, and providing a central repository for education and school safety related data.

The bill includes strong language on professional development, which makes training teachers on collecting, reporting and using data allowable uses of funds, but has no funding specifically allocated to support it. The bill leaves it entirely to the state's discretion to use any of the money it receives from this program for professional development.

Also in August, Senators Sherrod Brown (D-OH), Hillary Clinton (D-NY), and Bernie Sanders (D-VT) introduced the Senate version of the Longitudinal Data Systems Bill, S.2014. Their version of this legislation would provide for two separate funding streams; 1) $100 million in competitive grants for states for the development and implementation of statewide longitudinal data systems; and 2) $100 million in formula grants to states for alignment, professional development, and other efforts to improve the use of data. The legislation also authorizes funding to support a state education data center and state educational data coordinators to improve data collection, reporting, and compliance processes. Like the House version, though, states would not have to provide districts with direct funding to carry out professional development activities associated with data usage.

E-Rate Update

In July, the Federal Communications Commission issued a request to comment on the latest draft version of the E-Rate's eligible service list. The major proposed changes to the list are as follows:

  • The draft proposes to treat Centrex service as basic telephone service for purposes of the schools and libraries program with the intention of eliminating the requirement that applicants file a technology plan for Centrex service.
  • The draft clarifies that the basic conduit access to the Internet for the purpose of accessing distance learning and video conferencing is eligible for funding in the Internet access category but distance learning and video conferencing tools are not eligible for funding.

Join the Ed Tech Action Network

If educational technology issues are important to you, then please join the ISTE and CoSN Ed Tech Action Network at http://www.EdTechActionNetwork.org. This online advocacy tool will allow you to easily send important messages to your Representative and Senators, learn more about timely education technology issues, and receive tips for communicating with elected officials. Your voice is critical for impacting the decisions of policy-makers.

From the Washington, D.C.
Office of Bernstein Strategy Group
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The following message is posted as a service of ISTE,
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Copyright © 2007 ISTE

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