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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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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.

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College Board Releases New Report and Promotes the Dream Act |
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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.

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The Economic Impact of the Achievement Gap |
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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.

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In Brief |
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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.

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