Leg Update head
Week of July 20, 2009 )
In this issue
  • Budget and Appropriations
  • Secretary Duncan Addresses Elementary and Secondary School Principals
  • 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

    On July 17, the House Appropriations Committee met to approve the Labor, Health and Human Services and Education funding bill for FY 2010. What was expected to be a brief meeting lasted throughout the day. In spite of long debates about policy objections to the bill from Republican members, the outcome for education was as expected - a modest increase in overall funding of approximately 3 percent. There was mixed news for President Obama and Secretary of Education Arne Duncan. The proposed $1.5 billion in additional funding for the School Improvement Fund was rejected, as the source of that funding was the Title I basic grant program. The five-fold increase in funding that the administration requested for the Teacher Incentive Fund program wasn't fully honored; the program would get $446 million in the proposed bill. The committee rejected the administration's call to eliminate funding for Civic Education and the Even Start programs but honored the requests to eliminate funding for Mentoring, and the Safe and Drug Free Schools State Grants. Increases in funding for education were uncommon in this bill. The 21st Century Community Learning Centers program's $50 million increase and more funds for TRIO and GEAR Up were exceptions to that rule. Several of the president's new proposals - $50 million for high school dropout prevention and more money for literacy initiatives - did make the cut.

    The Senate was scheduled to take up its spending bill for Labor, Health and Human Services and Education this week, but the Appropriations Subcommittee mark-up has been delayed until July 28, and the full committee is set to meet July 30. The Senate subcommittee has less money to spend than its House counterparts, so that bill is not likely to be as generous toward education programs.

    Appropriations bills were not the only spending surprises for education advocates on Capitol Hill. The House Committee on Education and Labor released its proposed budget reconciliation bill. As expected, the bill essentially puts an end to the federal Family Education Loan Program, replacing the private capital in federal student loan programs with taxpayer dollars, at an estimated government savings of $87 billion. Instead of dedicating these savings exclusively to growing and stabilizing the Pell Grant Program, the House bill carved out $12 billion for a new Community College initiative, $5 billion for K-12 school construction projects and $10 billion for an initiative aimed at raising standards in early education programs serving children from birth to five years of age. The bill has generated plenty of conversation among education organizations, and the mark-up is scheduled for Tuesday, July 21.

    Secretary Duncan Addresses Elementary and Secondary School Principals

    Regarding the administration's K-12 goals, Duncan once again highlighted the four areas of reform underlying ARRA's education agenda as well as the Department of Education's (ED) priorities regarding the reauthorization of the Elementary and Secondary School Act (ESEA): increasing the rigor of state standards, developing and implementing comprehensive data systems to track student achievement and teacher effectiveness, attracting the best and brightest teaching talent to the lowest performing schools and turning around struggling schools, i.e., the bottom 1 percent of the lowest performing schools in the country. In addition, he challenged the group to consider three issues in their work: fair, impartial and more meaningful teacher evaluations; the strategic placement of excellent teachers within a school; and the development of a "team of warrior principals" who can be used effectively as "new teams of adults" to turn around low-performing schools. During the question-and-answer session, audience members urged the secretary to do all he could to further emphasize in legislation and regulation the critical role of school leadership. In response to a question about school choice, Duncan reiterated his support for choice and competition and the benefits of a variety of schools in a district; yet he also stated he was not in favor of publicly funded vouchers, since these scholarships only affect 1 percent to 2 percent of students in a community. Duncan also shared that ED would be releasing more information on criteria for the anticipated Race to the Top Fund awards at the end of next week. He emphasized that all states will have the opportunity to demonstrate their progress and innovation related to the four areas of reform.

    After Duncan left, Charles Rose, general counsel at ED, stayed to answer additional questions. Of most interest was his response to a question regarding ESEA reauthorization timing. Acknowledging that action on the bill is unlikely until next year, Rose stated that the secretary's perspective on No Child Left Behind is that it is "tight on means for achieving goals but loose on the goals." According to Rose, Duncan's thinking at the moment is to reverse that balance, so a common set of standards and objectives can be agreed upon, but local schools are allowed the flexibility to decide how to achieve them. Other issues that have most obviously emerged from Duncan's listening tour and from his own experience in Chicago include: the use of multiple and formative assessments to measure success; the need for English-language learners to achieve proficiency before including their scores on overall school performance; the need for students with disabilities to be assessed on the grade level identified in their individualized education plan; and the need to extend include a fifth year when determining high school graduation rates for those students who need that time, such as English language learners and students with disabilities.

    Information on the department's plans relative to ongoing stimulus awards to states and expected guidance on the Race to the Top and What Works and Innovation Funds are on the agency's Web site. Recently, new information has been posted almost daily.

    In Brief

    ED Awarding the Last of Phase I SFS Funding: The Department of Education (ED) continues to award the final Phase I State Fiscal Stabilization (SFS) funds made available by the passage of the American Recovery and Reinvestment Act (ARRA). ED has been awarding SFS funds to eligible states that have completed Part 1 of the State Stabilization Application. July 1 was the deadline for states to apply for funding, and, so far, 44 states have been approved to receive over $26 billion in SFS funds. Over the past week, $317 million was approved for Oklahoma, $81 million for Montana and $388 million for Louisiana. These funds aim to help reform education and protect teachers' jobs. According to ED, guidance will be issued in the near future on the specific requirements a state must meet to receive funding in the second phase of SFS awards. This funding will be issued on a rolling basis. For more information on states that have submitted applications for SFS Funds, visit: Get info on states that have submitted applications for SFS funds or see what states are doing with the funds.

    ED Awards Physical Education Grants: On July 13, the Department of Education announced it will be awarding $26.5 million in awards from the Carol M. White Physical Education Program grants to 73 public schools and community-based organizations in 25 states with funds to initiate, expand and improve physical education programs in grades K-12. The grant awards can be used to provide equipment and support for students to participate actively in physical education activities, as well as for staff and teacher training and education. "Physical activity and healthy eating habits are as important as studying hard in school," Secretary of Education Arne Duncan said. "The Department of Education will be doing more to make this connection to students and adults and to educate our children in ways they can maintain good health." Since the program began in 2001, the Department has awarded approximately $555 million in grants. More info.

    CAP Holds Event On Pay for Performance: On July 14, the Center for American Progress (CAP) held a panel discussion on pay-for-performance. Robin Chait, associate director for teacher quality at the Center for American Progress, began the discussion by stating that now is the perfect time to enact new, innovative methods of pay for teachers, citing the $200 million included in the American Recovery and Reinvestment Act (ARRA) for the Teacher Incentive Fund (TIF) as an example of this administration's commitment. Craig Jerald, president of Break the Curve Consulting, presented his report, "Aligned by Design: How Teacher Compensation Reform Can Support and Reinforce Other Educational Reforms." He emphasized that current projects under TIF have failed because performance pay has been implemented independently of other reforms. He further commented on the need to align human resource policies with broader organizational goals, as well as to align human resources policies with each other to make sure they are incentivizing complementary behaviors. William J. Slotnik, executive director of the Community Training and Assistance Center, presented his report, "It's More Than Money: Making Performance-Based Compensation Work." He said performance pay can serve as a catalyst for reform but requires the readiness and capacity of the school and district. He added that teachers must be consulted throughout the process and have access to decision makers. More info.

    ASCD Holds Briefing On Improving Teacher Quality: The Association for Supervision Curriculum and Development (ASCD) sponsored a briefing on July 14 on the topic of improving teacher quality, titled, "Moving from Highly Qualified to Highly Effective Teachers." The briefing included presentations from experts in the field of teacher preparation, professional development and practitioners at the district and building level. Charlotte Danielson from ASCD provided an overview of her report, "Recognizing and Supporting Effective Teachers: The Framework for Teaching," which has been widely adopted in schools of education and school districts around the country. Her framework examines four domains for teaching: planning and preparation, the classroom environment, instruction and professional responsibilities. According to Danielson, high-quality professional development must be provided to strengthen teaching. Effective teachers must know how to design learning tasks that engage students as well as interpret assessment results and modify practices. She said a comprehensive framework for good teaching includes: supervision of student teachers, effective recruitment and hiring practices, mentoring for teachers in the system, professional development, license renewal and evaluation. For a complete set of materials from the briefing go to More info.

    NCES Releases New Report on Black and White Achievement Gaps: On July 14, the National Center for Education Statistics (NCES) released its new report, "National Assessment of Educational Progress Achievement Gaps: How Black and White Students in Public Schools Perform in Mathematics and Reading on the National Assessment of Educational Progress." Stuart Kerachsky, NCES acting commissioner, presented the report's findings. The report uses data from the National Assessment of Educational Progress (NAEP) and describes the differences in performance for black and white students as they have changed over time in mathematics and reading. In many states, scores have been increasing for both black and white students, but there is not lot of progress in closing the achievement gap. According to the report, 15 states closed math achievement gaps between black and white students at grade 4, and only four states closed gaps at grade 8. In reading, gaps narrowed in only three states at grade 4 and none at grade 8. View the report.

    Congressional Baby Caucus Hosts Inaugural Event: In May 2009, Reps. Rosa DeLauro (D-Conn.) and Denny Rehberg (R-Mont.) established a Congressional Baby Caucus. On July 14, the caucus held its inaugural briefing, focusing on military families and children. The briefing addressed the challenges faced by infants and toddlers in military families, as well as highlighted how public policy can support the healthy development of these children. There are nearly 333,000 children ages 0-3 of active duty members of the military and their families must face the challenges brought on by deployment, trauma, grief and loss caused by service members who have been injured or killed. The Congressional Baby Caucus is committed to working with military families to provide them with the tools, resources, and support they need to maintain the healthy parental relationships essential to young children's development. "Windows of opportunity are narrow in Congress," DeLauros said. "We have a moment to face this square on." This was the first in a series of briefings that the bipartisan Congressional Baby Caucus will host to examine policy issues and the need to focus on the unique issues affecting infants, toddlers and their families.

    House Subcommittee Holds Hearing on Youth Promise: On July 15, the House Education and Labor Subcommittee on Crime, Terrorism and Homeland Security held a hearing focused on H.R. 1064, the Youth Prison Reduction Through Opportunities, Mentoring, Intervention, Support and Education Act, also known as the Youth PROMISE Act. The legislation, introduced by Bobby Scott (D-Va.), subcommittee chairman, and Rep. Mike Castle (R-Del.), is designed to address the problems of gang crime and violence via prevention strategies. Scott said the bill "implements the advice we heard over the last year from over 50 crime policy makers, researchers, practitioners analysts and law enforcement officials from across the political spectrum concerning evidence- and research-based strategies to reduce gang violence and crime." Under the Youth PROMISE Act, communities facing the greatest youth gang and crime challenges will form a local council including representatives from law enforcement, court services, schools, social service, health and mental health providers and community-based organizations, including faith-based organizations. The council will develop a comprehensive plan for implementing evidence-based prevention and intervention strategies targeted at young people who are at-risk of becoming involved, or are involved in, gangs or the criminal justice system to redirect them toward productive and law-abiding alternatives. Marion Wright Edelman, president of the Children's Defense Fund, testified at the hearing and said the "cradle to prison pipeline is a growing national crisis lodged at the intersection of race and poverty. It is absolutely imperative that we develop and implement comprehensive program practice and policy solutions that keep our children on the road to successful adulthood." Speaking with a different viewpoint, David Muhlhausen, Ph.D., senior policy analyst at the Heritage Foundation, said, "Congress' desire to weigh in on preventing juvenile delinquency and gang activity is easy to understand; however, the national government should limit itself to handling tasks that state and local governments cannot perform by themselves." More info.

    Biosciences Ignored In K-12 Education, According To Report: The Biotechnology Institute and National Science and Technology Medals Foundation hosted an event to examine and discuss the findings of a recent report, "Taking the Pulse of Bioscience Education in America: A State-by-State Analysis." The report, funded and researched by BIO, Battelle and the Biotechnology Institute, provides a comprehensive study of middle and high school bioscience education in the 50 states, Puerto Rico and the District of Columbia. The report asserts that states are not adequately preparing students for the pursuit of biosciences post-secondary study, which is key to the development of the bioscience workforce of the future. There is also a wide disparity across measures of student achievement in overall science and biosciences, according to the report, and an uneven record across states in incorporating the biosciences in state science standards, supporting focused bioscience education programs and higher level bioscience courses, and ensuring science and bioscience teachers are well-qualified. At the event, panelists called for improved science education that incorporates the biosciences at the middle and high school levels. They further suggested that states incorporate biotechnology in their science standards. More info.


    ITIF Examines Role of IT in 21st-Century Schools: The Information Technology and Innovation Foundation (ITIF) hosted an event featuring a panel discussion of how information technology might transform education as it has many other industries. In a new ITIF report, "How IT Can Enable 21st-Century Schools," Tim McDonald and Ted Kolderie of Education|Evolving discuss why they think the existing school reform movement has stalled and how information technology (including computers, software and communications) can enable the emergence of fundamentally new kinds of schools. The discussion and the report examine barriers to innovation in the K-12 education system and suggest that states can establish entities with the power and authority to realize a program of school innovation enabled by IT. They suggest that President Obama and Education Secretary Arne Duncan can champion school redesign from their respective bully pulpits and encourage states to take on innovation at that level. They also suggest that Congress provide funds to encourage these state efforts and that they should allow innovative schools leeway in the evaluation structure of the No Child Left Behind Act. The conversation and report pointed to alternative K-12 models, including online and independent learning and classrooms organized around a teacher serving as a learning "guide." In addition, it was suggested that business, higher education and other stakeholders invest time and money into efforts to transform K-12 education. More info.

    AYPF Hosts Forum On Apprenticeships: On July 17, the American Youth Policy Forum (AYPF) held a briefing, "The Means to Grow Up: The Role of Apprenticeship in Preparing All Youth for College and Career Success." Robert Halpern, professor at the Erikson Institute for Graduate Study in Child Development and author of "The Means to Grow Up: Reinventing Apprenticeship as a Developmental Support in Adolescence," discussed the benefits of apprenticeships. He said they are a "powerful model of teaching and learning that allow young people to develop responsibility and feel valued, to play while they work, and to gain experience in a career." Apprenticeships, he said, provide careful, coherent and relevant education to adolescents. He emphasized that apprenticeships can open the path to college or a career. He concluded by saying that apprenticeships should be considered as an important part of high school curriculums. Darla Burton, supervisor of the School to Work Project for the Cooperative Educational Service Agency #3 in Wisconsin, outlined the details of Wisconsin's program and noted that students enjoy the hands-on work and, through it, come to see math and reading as valuable skills, leading them to commit to the related academic pursuits. She added that despite the program's success in closing the achievement gap and reducing dropout rates, it continues to lack adequate funding. Diane Postoian spoke about her role as the partnership coordinator at the Metropolitan Regional Career and Technical Center (MET) in Providence, R.I. She lamented that education has discouraged children from making mistakes and learning from them and generally from having funMore info.

    New Publications and In the News
  • "Aligned by Design: How Teacher Compensation Reform Can Support and Reinforce Other Educational Reforms" Center for American Progress (July 2009)
  • "It's More Than Money: Making Performance-Based Compensation Work" Center for American Progress (July 2009)
  • "Moving from Highly Qualified to Highly Effective Teachers" ASCD (July 2009)
  • "Achievement Gaps: How Black and White Students in Public Schools Perform in Mathematics and Reading on the National Assessment of Educational Progress (NAEP)" National Center for Education Statistics (July 2009)
  • "State Test Score Trends Through 2007-08" Center on Education Policy (July 2009)
  • "The Role of Information Technology in Creating New Kinds of American High Schools" Information Technology & Innovation Fund (July 2009)
  • "Taking the Pulse of Bioscience Education in America: A State by State Analysis" Biotechnology Industry Organization (July 2009)
  • "Counselors Make Their Tour of Colleges Long Workout" New York Times (7/16/09)
  • "Bill Would Spend More to Make College Affordable" Washington Post (7/15/09)
  • "No Right Brian Left Behind: Must Kids Prep for 'Risk Taking'" USA Today (7/14/09)
  • "Regional Shift Seen in Education Gap" New York Times (7/14/09)
  • "Obama Plans New Funds for Colleges" New York Times (7/14/09)
  • "Young Students Improve, But Later Minority Achievement Gap Remains" USA Today (7/14/09)
  • "Education Chief Urges Union to Aid Reform Push" Washington Post (7/14/09)
  • "Obama Student Loan Plan Wins Support in House" New York Times (7/13/09)
  • "GOP Leaving 'No Child' Behind" Washington Post (7/13/09)
  • "Should High Schools Bar Average Students from Rigorous College-Level Courses and Tests?" Washington Post (7/13/09)

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