Leg Update head
Week of April 27, 2009 )
In this issue
  • Budget and Appropriations
  • College Board Releases New Report and Promotes the Dream Act
  • The Economic Impact of the Achievement Gap
  • In Brief
  • 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.


    Budget and Appropriations

    Congress returned to Capitol Hill on April 20 ready to face the challenge of conferencing a FY 2010 budget resolution agreement between the House and Senate. The differences between the measures passed in both chambers in recent weeks came into sharp focus as conference preparations neared. The key disagreements are the discretionary spending limits - the Senate number is almost $8 billion lower than the House's - and whether or not to include reconciliation instructions to overhaul health care, energy and education programs in the resolution. The president made it clear this week that although he is willing to forgo reconciliation for energy reform, he wants to hold the line on health care and student loan changes. What caused this apparent change of heart? A reconciliation bill and its contents can pass with a 51-vote majority in the Senate, blocking the right of the minority party to insist on 60-vote margins and, in the minority party's view, denying them seats at the negotiating table.

    Conferees were appointed and met to resolve these tough issues this week. Rep. John Spratt (D-S.C.), House Budget Committee chair; Rep. Rosa DeLauro (D-Conn.); Rep. Allen Boyd (D-Fla.); Rep. Paul Ryan (R-Wis.); Budget Committee ranking member; and Rep. Jeb Hensarling (R-Texas) were joined by their Senate colleagues, Sen. Kent Conrad (D-N.D.), Budget Committee chair; Sen. Patty Murray (D-Wash.); and Sen. Judd Gregg (R-N.H.), Budget Committee ranking member. Conferees have struck a tentative agreement on the major issues of the resolution, including reconciliation instructions for the health care and student loan initiatives. The compromise would also trim $10 billion from President Obama's discretionary spending request, while allowing some additional spending for household energy assistance.

    College Board Releases New Report and Promotes the Dream Act

    On April 21, the College Board hosted a press briefing to release a new report, "Young Lives on Hold: The College Dreams of Undocumented Students." During the event, Sen. Robert Menendez (D-N.J.) praised the report, highlighting its findings as further evidence of the need for Congress to adopt the Dream Act, which would provide a pathway to citizenship for undocumented students who graduate from high school and succeed in college or the military.

    The briefing participants all expressed their support of the Dream Act, claiming the legislation was not only a moral imperative but also in the nation's best financial interests. The report states that native-born American students have not been negatively affected in those states that have made in-state tuition available to undocumented students.

    According to the report, 65,000 undocumented students who have lived in the United States for five years or more graduate from high school each year. Although many of these students may only know the United States as their "home country," the courts only require that they be provided education through grade 12. Beyond that point, regardless of their accomplishments or their talents, they are ineligible for financial assistance to attend post-secondary education, and if they do manage to attain a degree, they are often denied employment.

    According to Joseph Zogby, chief counsel to Sen. Richard Durbin (D-Ill.), the Dream Act could be considered as part of the comprehensive immigration reform debate or as free standing legislation.

    The Economic Impact of the Achievement Gap

    McKinsey & Company's Social Sector Office hosted an event on April 22 to release its new report, "The Economic Impact of the Achievement Gap in America's Schools," which examines the dimensions and economic impact of the education achievement gap. The findings suggest that the achievement gap costs the country $3 billion - $5 billion daily. The event featured introductory remarks by Joel Klein, New York City Schools chancellor; a reaction from Secretary of Education Arne Duncan; and a panel discussion among a diverse set of stakeholders, including Rev. Al Sharpton.

    Klein suggested that in examining achievement, assertions that a student's performance is profoundly affected by circumstances outside of the school or classroom, such as poverty or family situations, are rebutted by the study. Broadly, the report examines the dimensions of four distinct gaps in education: (1) between the United States and other nations, (2) between black and Latino students and white students, (3) between students of different income levels and (4) between similar students schooled in different systems or regions. The report finds that the loss or underutilization of human potential, as reflected in the achievement gap, is extremely costly. Existing gaps impose the economic equivalent of a permanent national recession - one substantially larger than the deep recession the country is currently experiencing. For individuals, avoidable shortfalls in academic achievement impose heavy and often tragic consequences via lower earnings, poor health and higher rates of incarceration.

    Calling on the hundreds of education leaders and reformers in the room, Duncan noted that there is a crisis in education. He hopes this urgent crisis is strengthened by what should be, in his estimation, a sense of "moral outrage" around the achievement gap in the country.

    A panel of education experts followed Duncan and discussed the report's findings as well as their views on education reform efforts. Noting that the report examines education in the United States as a system, the National Education Association's Dennis Van Roekel said he does not believe the system is broken but that it requires transformation. Sharpton spoke of access to adequate education as a civil right, and in noting the landmark Brown v. Board of Education decision, he said that during the months and years that followed, the "condescending bigots" who would deny certain populations equality in education were easily identifiable. They stood in school doorways and fought segregation. Today, he said, "our friends" are figuratively blocking the doorways by covering up for inept principals and teachers. Panelists urged the audience to delay reform no longer, to act on the changes that are known to produce change, and to seize the momentum surrounding education reform to improve achievement for all students.

    In Brief

    President Signs Serve America Act: On April 21, President Obama signed into law the Edward M. Kennedy Serve America Act. The signing ceremony was attended by Sen. Ted Kennedy (D-Mass.), Sen. Barbara Mikulski (D-Md.) and Sen. Orrin Hatch (R-Utah), former President Bill Clinton and Vice President Joe Biden. "All Americans should take up the spirit of the man for whom this legislation is named," Obama said at the event. "This bill is the beginning of a sustained and collaborative effort to rebuild our country." The bill authorizes a massive expansion of the volunteer national service programs for Americans of all ages. The legislation makes good on Obama's call for Americans to do their part to help the nation's economy recover by making a difference in their communities. The law will go into effect on Oct. 1, 2009, to provide time for the Corporation for National Service and the national service field to plan and prepare for the extensive changes established in the law, and to coincide with the beginning of the next fiscal year. More info.

    Senate Committee Advances Sebelius' Nomination for HHS Secretary: Last week, the Senate Finance Committee advanced the nomination of former Kansas Gov. Kathleen Sebelius (D) by a vote of 15-8 to be the next secretary of health and human services (HHS). As secretary, Sebelius would oversee Medicare and Medicaid programs, along with several education-related initiatives including Head Start and Early Head Start and be the point person for health care reform. Sebelius next faces a confirmation vote from the full Senate, but the timing is unclear.

    AEE Hosts Briefing on Alternative Settings for Dropout Prevention: On April 22, the Alliance for Excellent Education held a briefing titled, "Utilizing Student Supports and Alternative Settings for Dropout Prevention: Georgia's Performance Learning Centers." The event showcased the work of Communities In Schools Inc. (CIS), the nation's leading dropout prevention organization. CIS was founded on the principle that students have a better chance of academic success with the help of their community. CIS representatives discussed the success of their Performance Learning Center (PLC) initiative. PLCs are nontraditional high schools that help students who have not been successful in a traditional high school setting gain their high school diploma and prepare for college and the workforce. The program features small classes and low student-to-faculty ratios, giving students more one-on-one attention than they would receive in traditional high school environments. Dual-enrollment at local colleges and universities is also encouraged. Donita Cullen, a teacher at the Douglas County PLC in Georgia, shared the school's success in re-engaging dropouts to the positive school climate and emphasis on future goals. CIS currently operates more than 30 PLCs, the majority of them in Georgia. Plans are underway to expand the initiative to more states, and the organization has high hopes that the federal government will help support further replication of the model. More info.

    AYPF Hosts Briefing on What States are Doing to Address America's High Dropout Rates: On Friday, April 17, the American Youth Policy Forum (AYPF) held a briefing to examine the respective roles of states and the federal government in implementing alternative education and dropout prevention policies to raise the nation's graduation rate. Opening the session, Adria Steinberg and Cheryl Almeida, both from Jobs for the Future (JFF), noted that "the education pipeline is broken" but that the seriousness of this message and deep concern over low graduation rates has resonated and spread among governors, state legislators, city mayors, and civic and business leaders. In addition, President Obama helped to increase the national spotlight and sense of urgency of this issue by highlighting the dropout crisis in his first address to a joint session of Congress, linking the nation's economic competitiveness to graduation from high school and the attainment of a post-secondary degree or credential. Another important factor for states and districts is that more is known now than ever before about what models work to prevent and re-engage students who dropout back into the education system, while new regulations from the federal government requiring graduation rates be measured by cohort has also helped states develop better strategy. To conduct an analysis of current and recent policy, JFF identified five model policy elements that together frame a sound legislative strategy for dropout prevention and recovery and then conducted a survey of all 50 states to see how and if each element was being implemented. The five elements include: counting and accounting for dropouts, using graduation and on-track rates as a trigger for reform and reinvention, reinforcing the entitlement to a public education for students through graduation of age 21, accelerating preparation for postsecondary success and inventing new models. Overall, the JFF study found that 34 states have passed new legislation related to dropout prevention efforts since 2002, the year No Child Left Behind was signed into law. The best signs of progress relate to accountability, recognizing the right to education, and accelerating and improving the curriculum to ensure more and better post-graduate options. Major challenges remain in developing policies and practices using graduation and on-track rates as a trigger for reinvention and inventing new models. More info.

    New Publications and In the News
  • "The State of Preschool 2008" National Institute for Early Education Research (April 2009)
  • "Evaluation of Experience Corps: Student Reading Outcomes" Center for Social Development (April 2009)
  • "Building a Districtwide Small Schools Movement" Annenberg Institute for School Reform (April 2009)
  • "English Learners in Boston Public Schools: Enrollment, Engagement and Academic Outcomes" The Mauricio Gaston Institute for Latino Community Development and Public Policy (April 2009)
  • "The Economic Impact of the Achievement Gap in America's Schools" McKinsey & Company (April 2009)
  • "Ideas for Closing Teacher Gap" Baltimore Sun (4/23/09)
  • "Schools to Check on Youth Obesity" Boston Globe (4/23/09)
  • "Study Cites Dire Economic Impact of Poor Schools" New York Times (4/23/09)
  • "Large Urban-Suburban Gap Seen in Graduation Rates" New York Times (4/22/09)
  • "Thomas Friedman: Swimming Without a Suit" New York Times (4/22/09)
  • "Public Universities Predict Hefty Tuition Hikes" USA Today (4/22/09)
  • "Stay-In-School Efforts Get Boost" Philadelphia Inquirer (4/21/09)
  • "Strip Searches at Schools Go to Supreme Court" Los Angeles Times (4/20/09)
  • "Improvement on Tests More Telling Than Pass Rates" Washington Post (4/20/09)
  • "How to Raise Standards in America's Schools" Time Magazine (4/20/09)

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