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Legislative Update, a weekly
publication of
ASCA, provides an executive summary of public
policy
issues affecting American education. This
publication contains links to Internet sites
for the
convenience of World Wide Web users. ASCA is not
responsible for the availability or content
of these
external sites, nor does ASCA endorse, warrant or
guarantee the information, services, or products
described or offered at these other Internet
sites. ASCA is the school counseling division
of the American Counseling Association.
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Budget and Appropriations |
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Last week, millions of people descended on
the nation's capital to take part in the
historic inauguration festivities surrounding
the swearing-in of Barack Obama as our 44th
president. Beyond the pomp and circumstance,
parties and traffic jams, it was a moving and
memorable experience for those who braved the
cold and endless security lines to watch
history in the making.
The new president announced intentions to
instill a new spirit of bi-partisanship. It
seemed to work pretty well until the members
of the House and Senate started talking about
money. On that topic all bets are off. The
American Recovery and Reinvestment Act,
weighing in at a whopping $825 billion, was
the major source of partisan strain. Several
committees in the House held mark-ups on the
measure, and although the bill is moving
through the process, it is doing so absent
any Republican support. In the Senate, a bill
was anticipated for review last Friday;
however, it has yet to see the light of day.
Again, the job of getting enough consensuses
about size and solutions to move forward
appears to be at issue.
In an effort to bridge this divide, Obama has
met with Democratic and Republican leaders in
the House and Senate to talk about the
economy, why he believes the stimulus package
is vital and to hear the minority party's
views. In short, Republicans feel the bill is
short on taxes and long on spending and, in
their view, is not likely to spur job
creation. Congress has set Feb. 13 as the
date the bill must reach the president. If
Congress fails to meet this deadline there
will be no recess the following week. It is a
tactic that generally gets results.
If enacted, the stimulus package would bring
welcome relief to just about everyone. For
education programs alone it offers $150
billion in new aid. These funds include $13
billion for the Title I program, $13 billion
for special education, $15.6 billion for
increased Pell Grants, $20 billion for K-12
and higher education modernization and
construction projects and $79 billion for a
governor stabilization fund that can be used
to prevent program and job losses in
education and other priority areas. And this
is just on the spending side. Many tax
provisions under consideration are also
beneficial to education and educators.
Building enough bi-partisan support for the
stimulus legislation to succeed is a
tremendous first challenge for Obama. If he
succeeds, it will serve as a good omen for
the many other difficult struggles he will
face in the months ahead, both at home and
abroad.

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Senate Confirms Education Secretary |
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On Jan. 20, after the congressional luncheon
held for the inauguration of President Obama,
a number of Cabinet appointees were
confirmed, including U.S. Secretary of
Education Arne Duncan. Duncan was unanimously
confirmed by members of the Senate Health,
Education, Labor and Pensions Committee.
There was enthusiasm for the nomination on
both sides of the aisle, and his confirmation
was smooth, as predicted.
At his confirmation hearing on Jan. 13,
Duncan outlined his three major goals if
confirmed as secretary of Education: 1)
improving access to high-quality early
childhood programs, 2) raising standards for
K-12 schools and improving teacher quality
and 3) improving access to and affordability
of post-secondary education. He also urged a
lengthening of the school day and the school
year. Duncan pledged to expand opportunities
for the extraordinary teachers across the
country to become better leaders and to shine
a bright light on the "pockets of excellence"
that do exist. He shared that his experience
has taught him that if better opportunities
are offered, innovation is supported and
excellence is rewarded, schools can be
transformed. During the seven years he served
as Chicag Public School's CEO he saw positive
improvements among all indicators of success.
Rep. George Miller (D-Calif.), chairman of
the House Education and Labor Committee,
congratulated Duncan on his confirmation.
Miller stated, "As President Obama said
yesterday, transforming our schools and
colleges will be one of the most important
things we can do to rebuild our economy and
our country. This swift confirmation will
allow Secretary Duncan to get started on this
mission right away."
Duncan has yet to announce permanent
appointments for the top positions within the
Department of Education, and until these
appointments are made, several career ED
employees have been filling these positions.
Philip Link is currently serving as the
acting deputy secretary; Joe Conaty is
serving as the acting assistant secretary for
the Office of Elementary and Secondary
Education; and Vickie Schray is serving as
the ating under secretary and acting
assistant secretary for the Office of
Postsecondary Education.

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Senate Begins Confirming Obama Cabinet |
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The Senate confirmed six members of President
Obama's cabinet on Jan. 20, including
Secretary of Energy Steven Chu, Secretary of
Education Arne Duncan, Secretary of Homeland
Security Janet Napolitano, Secretary of the
Interior Ken Salazar, Secretary of Veterans
Affairs Eric Shinseki and Secretary of
Agriculture Tom Vilsack.
During the Senate Agriculture Committee
confirmation hearing of former Iowa governor
Tom Vilsack, Sen. Tom Harkin (D-Iowa),
committee chair, said Vilsack's confirmation
will lead to a new focus on nutrition,
conservation, energy and promoting the rural
economy for the U.S. Department of
Agriculture.
Chu, a Nobel
Prize-winning physicist, was confirmed as the
new secretary of Energy by the Senate Energy
and Natural Resources Committee. As the
director of the Lawrence Berkeley National
Laboratory (Berkeley Lab) at the University
of California, Berkley, Chu has been a strong
advocate for research and development in the
area of clean, efficient energy technologies.
Former Sen. Ken Salazar (D-Colo.) repeatedly
emphasized during his confirmation hearing
the importance of putting science first in
the decision-making process of the Department
of the Interior, pledging to pursue research
in new energy technologies and resources.
On Jan. 21, the Senate confirmed Hillary
Clinton as secretary of state in a 94-2 vote.
Senators voting against Clinton's nomination
were Jim DeMint (R-S.C.) and David Vitter
(R-La.).
The confirmation of former Senate Majority
Leader Tom Daschle (D-S.D.) as secretary of
health and human services has been delayed
while the Senate Finance Committee examines
his tax records. Daschle's aides view this
simply as a bottleneck and are confident he
will be confirmed in the near future. Several
cabinet members are still awaiting Senate
confirmation including: Timothy Geithner
(Treasury), Eric Holder (Justice), Jane
Lubchenco (Commerce), Hilda Solis (Labor),
Tom Daschle (Health and Human Services),
Shaun Donovan (Housing and Urban Development)
and Ray LaHood (Transportation).

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In Brief |
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ED Releases Report on NCLB Implementation:
Recently, the Department of Education
released a new report on the implementation
of the No Child Left Behind Act (NCLB). The
new report, State and Local Implementation of
the No Child Left Behind Act, Volume VI -
Targeting and Uses of Federal Education
Funds, presents findings on the targeting and
uses of federal education funds for six
federal education programs, based on data
from the National Longitudinal Study (NLS) of
NCLB. The six programs studied include: Title
I, Part A; Reading First; Comprehensive
School Reform (CSR); Title II, Part A; Title
III, Part A; and Perkins Vocational Education
State Grants. According to the department,
the report describes how well federal funds
are targeted to economically disadvantaged
students, how Title I targeting has changed
over the past seven years, how districts have
spent federal funds and the base of state and
local resources to which federal funds are
added. The findings show that federal funds
were more targeted to high-poverty districts
than state and local funds but did not close
the funding gap between high- and low-poverty
districts. Read
the full report.
Miller Announces Ed and Labor Subcommittee
Chairs:
On Jan. 20, Rep. George Miller (D-Calif.),
chairman of the House Education and Labor
Committee, announced the subcommittee chairs
for the committee in the 111th Congress. The
committee also held its official organizing
meeting. Miller congratulated the
subcommittee chairs for the committee's five
panels: Rep. Dale Kildee (D-Mich.), chair,
Subcommittee on Early Childhood, Elementary
and Secondary Education; Rob Andrews
(D-N.J.), chair, Subcommittee on Health,
Employment, Labor and Pensions; Lynn Woolsey
(D-Calif.), chair, Subcommittee on Workforce
Protections; Rubén Hinojosa (D-Texas), chair,
Subcommittee on Higher Education, Lifelong
Learning and Competitiveness; and Carolyn
McCarthy (D-N.Y.), chair, Subcommittee on
Healthy Families and Communities. Miller
said, "With so many challenges ahead, their
fresh ideas, energy and diverse views will be
crucial as we work to jumpstart our economy
and improve the lives of America's students,
families and workers. I look forward to
working with all our members and welcome them
to the committee."

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