Court Hears NEA Appeal in NCLB Unfunded Mandates Lawsuit

NEA Urges Sixth Circuit Court of Appeals
to allow litigation to move forward

WASHINGTON—The United States Court of Appeals for the Sixth Circuit today heard oral argument by the National Education Association and its co-plaintiffs in the No Child Left Behind (NCLB) lawsuit, Pontiac v. Spellings. NEA is appealing a November 2005 decision by a lower court dismissing its claim that the federal government is violating the “unfunded mandates” provision of NCLB.

“I am pleased with the oral argument presented by our lead counsel to the Sixth Circuit Court of Appeals yesterday morning,” said NEA President Reg Weaver. “While it’s not prudent to speculate about which way the court may rule, we are hopeful that it will allow this important case to advance. We look forward to the court’s decision sometime next year.”

NEA, nine NEA affiliates and nine school districts filed an unprecedented lawsuit on April 20, 2005, claiming that the federal government is violating the “unfunded mandates” provision of NCLB by compelling states and school districts to spend their own money to comply with the requirements of the law. The provision in question—Sec. 9527(a)—states:

“Nothing in this Act [i.e. the NCLB] shall be construed to authorize an officer or employee of the Federal government to…mandate a State or any subdivision thereof to spend any funds or incur any costs not paid for under this Act.”

This is the first lawsuit in the country seeking to prevent NCLB from imposing “unfunded mandates” on states and school districts.  Six states, the District of Columbia, the governor of Pennsylvania, school administrators and state and local elected officials are now formally supporting NEA's legal challenge. The United States District Court for the Eastern District of Michigan dismissed the case last year, holding that Congress did not promise to pay for all of the additional costs imposed by NCLB.  Rather, Section 9527(a) merely prohibits “federal officers and employees” from imposing any additional costs beyond those required by the Act, the court ruled. A decision by the Sixth Circuit Court of Appeals is expected sometime next year.

Since it was first enacted in 2001, federal funding for NCLB programs has fallen $40 billion short of the amount originally promised by Congress. In this school year, moreover, Congress provided $1 billion less for NCLB programs than it provided last year, and the House and Senate are proposing cuts of $494 million and $377 million, respectively, in FY2007.
 
“Adequate funding for education programs under No Child Left Behind is a critical component for great public schools for every child,” said Weaver. “Unfortunately, Congress continues to shortchange parents and schools in many communities across the nation. Allowing this litigation to move forward is a step in the right direction in the ongoing battle over determining who is obligated to pay for costly unfunded mandates.”

For additional information about the NEA lawsuit, please visit: www.nea.org/lawsuit .

In the News

Source: The ASCA Legislative Update
December 18, 2006

Washington Post (12/15/06). “Schools Report Urges Drastic Change, Higher Salaries.”
http://www.washingtonpost.com/wp-dyn/content/article/2006/12/14/AR2006121401532.html   

New York Times (12/15/06). “Expert Panel Proposes Far-Reaching Redesign of the American
Education System.”
http://www.nytimes.com/2006/12/15/education/15school.html?_r=1&ref=education&oref=slogin   

Washington Post (12/14/06). “High Schools Reach Higher, Score Better.”
http://www.washingtonpost.com/wp-dyn/content/article/2006/12/13/AR2006121301089.html   

Washington Post (12/14/06). “Special Ed Changes to Get Trial Run.”
http://www.washingtonpost.com/wp-dyn/content/article/2006/12/13/AR2006121302063.html   

USA Today (12/13/06). “Rural Schools Budgets Face the Chipping Block.”
http://www.usatoday.com/news/education/2006-12-13-rural-schools_x.htm   

New York Times (12/13/06). “Weighing the Costs in Public vs. Private Colleges.”
http://www.nytimes.com/2006/12/13/education/13voices.html?_r=1&ref=education&oref=slogin   

New York Times (12/12/06). “In Tuition Game Popularity Rises with Price.”
http://www.nytimes.com/2006/12/12/education/12tuition.html?_r=1&ref=education&oref=slogin

Washington Post (12/12/06). “More Than One Way to Make the Grade.”
http://www.washingtonpost.com/wp-dyn/content/article/2006/12/11/AR2006121100908.html   

Baltimore Sun (12/9/06). “No Child Left Behind Applied Behind Bars.”
http://www.baltimoresun.com/news/education/baltemd.eager09dec09%2C0%2C209429.story?coll=bal-education-k12   

New Publications of Interest

Center for Education Policy (December 2006). “Ten Big Effects of the No Child Left Behind
Act on Public Schools.”
http://www.cep-dc.org/nclb/NCLB-TenBigEffects.pdf   

The New Commission on the Skills of the American Workforce (December 2006). “Tough
Choices or Tough Times.”
http://skillscommission.org/report.htm   

National Center for Education Statistics (12/12/06) “Crime, Violence, Discipline and Safety in
U.S. Public Schools: Findings from the School Survey on Crime and Safety: 2003-04.”
http://nces.ed.gov/pubsearch/pubsinfo.asp?pubid=2007302   

U.S. Department of Education (December 2006). “Charter High Schools: Closing the
Achievement Gap.”
http://www.ed.gov/admins/comm/choice/charterhs/index.html   

Institute for Higher Education Policy (December 2006). “The Future of Private Loans: Who Is
Borrowing, and Why?”
http://www.ihep.org/organizations.php3?action=printContentItem&orgid=104&typeID=906&itemID=19818  

     
National Center for Education Statistics (12/4/06). “Indicators of School Crime and Safety:
2006.”
http://nces.ed.gov/pubsearch/pubsinfo.asp?pubid=2007003   

National Center for Education Statistics (November 2006). “Dropout Rates in the United States:
2004.”
http://nces.ed.gov/pubsearch/pubsinfo.asp?pubid=2007024   

New Undersecretary to Focus on Higher Education

On Monday, the Senate confirmed Sara Martinez Tucker as the new Undersecretary of
Education. Tucker will be in charge of implementing the work of the Commission on the Future
of Higher Education. She will also focus on policies, programs and activities that have to do with
vocational and adult education, postsecondary education, college aid and financial reforms for
the Pell Grant program. Before joining ED, Tucker was the president and chief executive officer
of the Hispanic Scholarship Fund. In 2005, Tucker was named one of the 25 most influential
Latinos in the country by Time magazine.

Ten Effects of NCLB Discus sed with Jack Jennings

Center on Education Policy (CEP) President Jack Jennings spent a couple of hours at the
Alliance for Excellent Education on Wednesday to discuss CEP’s recent publication “The Ten
Big Effects of the No Child Left Behind Act on Public Schools”. Reflecting on his involvement
in education policy since 1967, Jennings noted that while the accountability movement did not
begin with NCLB, he has “never seen the State Departments of Education defer to the federal
government like they have in the last five years”. To view the CEP publication, visit:
http://www.cep-dc.org/nclb/NCLB-TenBigEffects.pdf   

No Child Left Behind, Version 2.0

 By Geoffrey H. Fletcher  As the lame-duck 109th Congress struggles with trying to pass legislation before time runs out in this session, the newly elected members of the House and Senate are wrestling with trying to find their parking places and learn about franking privileges. Meanwhile, every segment of American society is wondering how the new Congress will affect it.  The education and technology sector is no different. President Bush has recommended zeroing out Title II-D of No Child Left Behind, Enhancing Education Through Technology (EETT), and the outgoing House is following his lead. The Senate still has $275 million in its ed tech budget. While a change in congressional leadership may be good for the ed tech industry- things can't get much worse-a Senate staffer has warned that there will not be a lot of new money in whatever budget may be crafted by the new Congress.  One message that seems to be coming forth consistently is that the reauthorization of the No Child Left Behind Act will be taken up on schedule during the 110th Congress. Indicating the seriousness of their intentions, legislators are beginning to set up field hearings (outside the Beltway) on NCLB. They are looking to gather ideas about what is working well with the law, what is not working, and what needs to be amended.  Read more: http://www.1105info.com/dacjhw_tulvklec.html 

A weekly report of public policy issues in American Education from ASCA

The ASCA Legislative Update
December 11, 2006

Executive Summary:

Budget and Appropriations Update
New Effort and Competitiveness Conversations Usher out 109th Congress
NCTET Hosts Policy Forum on Educational Games
Teach for America Holds Inequity Briefing
In Brief
In the News

1.     Budget and Appropriations Update

The Congress returned to Capitol Hill for a Lame Duck session this week
following a two-week Thanksgiving recess. Much of the week was devoted to determining just how
long the lame ducks would be in town. Though a few non-controversial measures were agreed
to, post office namings and a new program to combat childhood autism to name a few, most of
the difficult unfinished tasks that necessitated the return to Washington, had not been
resolved by week's end.

Dueling press conferences tossed blame for the state of the FY 2007 federal
budget back and forth between parties and Houses of the Congress. Only two of 11 spending
bills have been sent to the President for signature. Absent a final bill for the Department of
Veterans Affairs, a $3 billion increase will be lost to the agency, at least temporarily. A bill
funding military construction that was blocked earlier by three conservative Members fearful
of an earmark bonanza, was finally resolved among Senators, but too late to form a
conference committee, according to the House leadership. The continuing resolution necessary to
keep the government operating expires at midnight tonight, but as of noon on Friday no action
had been taken in either the House or the Senate. It is hard to imagine the extension will not be
agreed to but the delay serves as a reminder of the partisan tension that still pervades the halls
of Congress.

In the midst of squabbling, Members were working on finalizing Committee
assignments and preparing legislation for action in the early weeks of the 110th Congress.
Members will be sworn in on January 4th. Leadership in both the House and Senate have announced
tentative work schedules that will keep Members in town for a straight seven weeks shortly
after that start date. The President's State of the Union will come on the heels of the Democrats'
effort to kick start the Congress with a "100 Hour Agenda" that includes increasing the minimum
wage and improving college access. Unless an unusual spirit of bi-partisanship takes
over the Capitol in the next 24 hours, Members will leave town and the 109th Congress will
adjourn for good, allowing plenty of time to celebrate the holidays and prepare for the 110th
Congress.

2.     New Effort and Competitiveness Conversations Usher out 109th Congress

Although the already slim chances for action on competitiveness legislation
during the 109th Congress evaporated this week, there was action on the issues. The National
Governors Association announced a 17- member task force to guide its new "Innovation
America" initiative. The task force will be led by NGA Chair, Governor Janet Napolitano (D-AZ),
and NGA Vice Chair, Governor Tim Pawlenty (R-MN).

During a two-day gathering this week in Phoenix, Arizona, governors worked
with business and academic leaders to identify challenges to innovation and determine the most
promising strategies, policies and programs for addressing them. The agenda included
discussions centered around the state innovation landscape, K-12 science, technology, engineering
and mathematics education and the role of postsecondary education as an engine of
innovation. The meeting and its discussion will inform staff efforts to begin framing an action plan for
creating an "innovation environment" in each state. (See "In Brief" for a listing of Task Force
members.)

This new effort builds on considerable political will around competitiveness
and science, technology, engineering and mathematics education issues. However, despite
the attention, the 109th Congress did not enact significant legislation addressing these
issues, despite the introduction of hundreds of bills. Representative Bart Gordon (D-TN), who
will assume leadership of the House Science Committee in the 110th Congress, has
indicated that he would like to address these issues during his tenure as Chair. It has been
reported that he sent a memorandum to staff outlining his agenda, which includes moving legislation
to enact the recommendations of the renowned "Rising Above the Gathering Storm" report,
including authorization of scholarships to science, math and engineering students who
pledge to become science or math teachers in elementary and high schools, in addition to
increasing funding for federal math and science research by 10 percent a year. He also would like
to increase federal investments in NASA and its programs, address climate control issues and
emphasize the importance of the country's energy independence. Conversations with staff
indicate that these efforts could come in the form of multiple pieces of smaller legislation,
versus a mammoth bill similar to the PACE bills the Senate considered this year.

Once Congress meets in January, a timetable and outlook for competitiveness
legislation will become more apparent.

3.     NCTET Hosts Policy Forum on Educational Games

On Monday, the National Coalition for Technology in Education and Training
(NCTET) hosted a policy forum to discuss a new Department of Education initiative,
educational games, and a draft of its NCLB technology principles.

Henry Kelly of the Federation of American Scientists started the discussion
by introducing a recent report titled, "The Summit on Educational Games." The report is the
product of the National Summit on Educational Games, held earlier this year. The summit
brought together the Federation of American Scientists, the Entertainment Software Association,
and the National Science Foundation to research and explore how the United States can use the
features of video games for learning.

The Summit report focused on answering four questions:
Ø What aspects of learning are most amenable to new approaches offered by
video games?
Ø What kinds of research are needed to identify features of gaming that can
be effective in
education and training?
Ø What makes the education market so difficult for innovative commercial
developers?
Ø What kinds of changes in instructional practices and management of
educational institutions are needed to take advantage of the power that games could
bring to teaching and learning?

Following Kelly, Tim Magner from the U.S. Department of Ed ucation spoke
about the future of public education in the U.S. and how "technology is the key to building the
next generation of schools and students." The Department of Education has developed School 2.0,
a brainstorming tool designed to help schools develop a common education goal that can be
supported by technology. This tool provides a "common point of entry" so that everyone
involved can participate in the conversation and provide ideas, insights, and suggestions
about the use of technology in the school. It also serves as a way to manage goals for the
future.

The briefing then turned to a review of NCTET's principles for the upcoming
No Child Left Behind (NCLB) Act reauthorization. NCTET has outlined some principles to
serve as a guide for the role of educational technologies in the law:

Technology helps to provide:
Ø Access to high quality courses and instructors online - including math,
science and foreign language courses often not available except through online learning;
Ø Computer assisted and online assessment that helps teachers target
instruction to individual student needs;
Ø Increased parental involvement through email and school websites,
including communication with teachers and access to student assignments and grades;
and
Ø Differentiated instruction for low-performing students through engaging,
interactive instructional software and online materials that adapt to support the
learning needs and pace of each student.

In these ways, technology is necessary to help achieve the educational goals
and requirements of NCLB and improve student achievement, according to NCTET.

To view the Federati on of American Scientists report or the NCLB principles
visit www.fas.org. To view School 2.0 visit http://school2-0.org.

4.     Teach for America Holds Inequity Briefing

On Monday, Teach for America (TFA) held an event on Capitol Hill to discuss
inequity in education. Moderated by TFA's Vice President of Research and Public Policy,
Abigail Smith, the panel was composed of TFA alumni including: Craig Jerald, education
consultant, Break the Curve; Amy Black, program associate, TFA; and William Wang, Health
Legislative Assistant, Senator Joe Leiberman (D-CT).

Smith began by outlining TFA's view that the achievement gap is caused by
socioeconomic and racial issues and then compounded by the schools serving these students that
lack capacity and infrastructure. She asked panelists to reflect on how their TFA experience
"intersects" with their current work.

Jerald, Black and Wang all agreed that directly working with students
struggling to succeed in light of numerous societal issues has impacted the way they view education
policy. While agreeing that factors outside of school and the resources available to them
definitely play a part in student success, Jerald strongly asserted that schools have "plent y of
room to improve" with regard to the quality of education made available to these students.

Elizabeth King, a TFA alumni and staff member for Representative Chaka
Fattah (D-PA), expressed concern over teacher retention issues as well as how much effect
TFA can truly have in light of severe infrastructure problems experienced by many schools. "No
teacher is going to be motivated to go to a school everyday that smells like urine."

While all of the panelists agreed that teachers are critical to a student's
success, broader issues concerning capacity building, resources and infrastructure were not
addressed in depth.

5.     In Brief

GAO Releases Title III Report
On Thursday, the Government Accountability Office released a report on the
distribution of funds under Title III of the No Child Left Behind Act (NCLB). Currently, the
U.S. Education Department uses data from the states from the American Community Survey
(ACS) to determine the funding support level for limited English proficiency (LEP) students.
Large discrepancies in the number of LEP students within each state exist between the ACS and state
estimates, primarily due to unclear criteria and methodology for determining LEP
status. State estimates differed by as much as forty percent below to more than sixty percent above
the ACS estimate. The report also cited several states that receive grant money under Title
III are unsatisfied with the guidance they receive on the best way to use this money to benefit LEP
students.

 

To read the full report, visit: http://www.gao.gov/new.items/d07140.pdf

Department of Education releases School Crime and Safety Report
In a cooperative effort, the Departments of Justice and Education have
released the most recent "Indicators of School Crime and Safety." The release prompted comments from
Secretary of Education Spellings, who asserted, "for our children to learn, our schools
must be safe. All American parents want to know they are sending their children to a safe
learning environment. And our children deserve schools in which they don't have to be afraid of
violence and can focus on their studies." The annual Indicators of School Crime and Safety provides
an update to monitor our progress towards making schools safer. This year's report shows
that crime rates have continued to decline. The federal government supports local efforts to
improve school safety by providing assistance and lending expertise, along with $535
million this year to fund programs directly related to school safety.

 

To view the full report visit:
http://nces.ed.gov/pubsearch/pubsinfo.asp?pubid=2007003

NGA Unveils Innovation Task Force
This week, the National Governors Association (NGA) announced a 17- member
task force to guide its "Innovation America" initiative. The Task Force will be led by NGA
Chair Arizona Governor Janet Napolitano (D) and NGA Vice Chair Minnesota Governor Tim
Pawlenty (R). Other task force governors include: Kansas Gov. Kathleen Sebelius; Missouri
Gov. Matt Blunt; Pennsylvania Gov. Edward G. Rendell; and Utah Gov. Jon Huntsman Jr.Business
and academic leaders include: Dr. Craig R. Barrett, chairman of the board, Intel Corp.;
Dr. G. Wayne Clough, president, Georgia Institute of Technology; Dr. Michael M. Crow, president,
Arizona State University; Jamie Dimon, CEO, JPMorgan Chase & Co.; Charles O. Holliday Jr.,
chairman and CEO, DuPont; Dr. Shirley Ann Jackson, president, Rensselaer Polytechnic
Institute; Dr. Judith A. Ramaley, president, Winona State University; Dr. Mary S. Spangler,
chancellor, Oakland Community College; John Thompson, chairman of the board and CEO, Symantec
Corp.; Kevin Turner, COO, Microsoft Corp.; and Meg Whitman, president and CEO, eBay Inc.

6.     In the News

Washington Post (12/7/06). "Area Students Lead Country in AP, IB Tests
Taken."
http://www.washingtonpost.com/wp-dyn/content/article/2006/12/06/AR2006120602236.html

Inside Higher Ed (12/6/06). "Aiding Needy Students - By Ending Pell?"
http://insidehighered.com/news/2006/12/06/tax

Washington Post (12/4/06). "With a Hefty Education Grant Come Equally Great
Expectations."
http://www.washingtonpost.com/wp-dyn/content/article/2006/12/03/AR2006120301256.html

Boston Globe (12/4/06). "Time to Reform Public Higher Ed."
http://news.bostonherald.com/editorial/view.bg?articleid=170397

This memorandum 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

New Report Finds Parental Involvement Crucial to Student Success

The authors of the No Child Left Behind Act focused on four cornerstones as they started to draft the bill: assessment, disaggregating data; accountability; and parental involvement. This last pillar is crucial to student success, said Senator Johnny Isakson (R-GA) Wednesday at the release of a national report by Appleseed.  The report, "It Takes a Parent: Transforming Education in the Wake of the No Child Left Behind Act," is based on research from 18 school districts in six states on practices in parental involvement. The report found that effective parental engagement is one of the most important factors in students' success in school, but that it is often overlooked.  Other findings include: there is a lack of clear and timely information for parents about their children and schools; limited English proficiency and poverty are among the biggest barriers to parental involvement; and school leaders often do not value parental involvement as an accountability strategy. Arthur Coleman, partner and co-leader of Holland & Knight's education policy team - which performed most of the research and drafted the final report - said parental involvement is hard to measure but that good benchmarks for accountability can be set. The report provides five areas in which improvement is needed to increase parental involvement and for policymakers to consider going into reauthorization: quality of information provided to parents; proactive, targeted engagement strategies; community support; professional development on the issue; and better implementation and stronger accountability.   For more information, visit
www.appleseednetwork.org

What Does More Data on School Violence Really Mean for Schools?

Source: NASSP

Legislation introduced by Congress last week aims to help administrators make better decisions about school safety but could leave schools vulnerable to additional sanctions under the No Child Left Behind Act (NCLB).

The Accurate Crime Trends (ACT) for Schools Act (H.R. 6322) would require the attorney general to determine the feasibility of expanding the National Incident-Based Reporting System to include information on the occurrence of school-related crime in elementary and secondary schools. According to the bill’s sponsor, Rep. Carolyn McCarthy (D-NY), the NIBRS would use existing crime reporting infrastructures to collect specific K–12 crime data and would not place any new requirements or burdens on school leaders. She argues that principals need timely data on real incidents of school crime to identify trends and develop meaningful strategies to prevent school violence.

NCLB requires that students be allowed to transfer to another public school if their current school is found to be “persistently dangerous” or if they are the victim of a violent crime while at school. Principals must collect and self report a certain amount of data under the Uniform Management Information and Reporting Systems requirements of the law, but there is no federal system to report and track data on school crimes at the K–12 level.

The recent string of school shootings has led federal officials and school safety experts to further examine the Unsafe School Choice Option. In general, they’ve found that the law punishes schools that already have violence-prevention policies in place, diverts state and local officials’ attention away from their own safety initiatives, and produces few real results.

Will more data on school-based crime help or harm our efforts to ensure that schools are safe and secure? How is labeling a school "persistently dangerous" really going to help the principal protect his or her staff members and students? These are the questions that NASSP hopes you can help us answer by posting your comments below. 

Reauthorizing the No Child Left Behind Act

(1) Legislation in Need of Improvement: Reauthorizing the No Child Left Behind Act to Better Address Barriers to Learning  –   http://smhp.psych.ucla.edu/pdfdocs/nclbra.pdf

(2) For Consideration in Reauthorizing the No Child Left Behind Act . . . Promoting a Systematic Focus on Learning Supports to Address Barriers to Learning and Teaching   http://smhp.psych.ucla.edu/pdfdocs/PromotingaSystematicFocus.pdf

Intelligent Vote

http://www.intelligentvote.com/

Just in time for the midterm elections, comes a site designed to help you get better acquainted with your elected officials.

The current focus of the site is the 'Should I Re-Elect my Congressman' page. Using a series of 29 issues voted upon by congress and/or senate, the page calculates the percentage with which your choices align to your current elected official in both branches. You begin by imputing your state, and choosing your Congressperson's name for a list (if you don't know the name of your representative, the site will help you locate them by entering your full nine-digit zip code in an off-site link to the House's page).

Once you've determined your representative, you can go to work on the list of issues. Each bill has a rather uninformative title such as, 'Income Tax Cuts' and 'Stem Cell Law,' and a link that sends you to a more detailed abstract of the proposed law, which will likely be necessary for all but the most politically savvy among us. You can fill out as many or as few of the issues as you would like, but as always with lists like this, the more boxes that you tick, the more accurate of a result you're likely to get.

When you've finished checking the boxes, the site displays your voting alignment with your Congressperson and two Senators. For example, mine came back: "You voted in agreement with Hillary Clinton on the bills that you selected, 67 percent of the time out of 22 bills." By clicking View Details, you get an issue-by-issue break down of how your votes aligned with each elected official, an invaluable detail, considering that very few of us consider a vote on on-line gambling and one on gay marriage to be of the level of importance.

Due to the nature of the decision making process—using congressional and senate voting records as a way of evaluating candidates, excludes challengers. You may agree or disagree with your current representative on a certain percentage of issues, but that doesn't guarantee that you'll be more or less in line with them than a representative from another party. It also neglects the painstaking thought process representatives (at least theoretically) put into the voting process, boiling issues down into easy-to-swallow abstract byte. Intelligent Voter also neglects to include third parties in its rather small collection of political links on the home page, though the real root of this criticism should perhaps be sited as a con against our current two-party system, and not necessarily the site.

Activism Network 3.1.2

Activism Network 3.1.2

http://www.activismnetwork.org/developers/

Getting together with old friends and new online is relatively easy these days, what with all the various social networking sites out there. Not many of the sites give users the leeway to create their own activist networks, but this application does just that. With this application, visitors can create different online event resources, email updates, and profiles, all of which can be used for a wide range of organizational purposes. Additionally, the site offers documentation for the program and examples of groups that are currently using the program. This version is compatible with computers running Windows 2000 and newer.

The ASCA Legislative Update - October 30, 2006

The ASCA Legislative Update

A weekly report of public policy issues in American Education from ASCA October 30, 2006

Executive Summary:

Budget and Appropriations Update

College Board Releases Annual Trends Reports on College Costs Education Sector Hosts Spirited Discussion of College Rankings In Brief In the News

 

1. Budget and Appropriations Update

As Election Day gets closer the tension in Washington grows and the ad campaigns around the country appear to get more outrageous. We all will be relieved on November 8 when the results are in and the decisions are made about who will be in charge of the 110th Congress. The ads will be off the air, the speculation game will be over, the lame duck session can begin and elected (or not) officials can get back to the job of governing. The first order of business will be completing work on the FY 2007 budget. That means working out the details of the omnibus bill funding the Department of Education and the majority of other federal agencies through November 17.

There has been little talk about how those issues ultimately will be resolved in recent weeks. Senator Arlen Specter (R-PA), a significant figure in this drama, was interviewed this week on the topic of earmarks in future bills funding the Departments of Labor, Health and Human Services and Education. One billion dollars in earmarked funding is included in this year's education budget alone. Specter made it clear that those earmarks will go forward. Though the bill hasn't been passed or enacted, Members of Congress have proudly announced these awards at campaign sites throughout the Nation. But next year is another story. Specter ruminated out loud in an interview in Roll Call about the pros and cons of special project funds for specific programs in specific states and congressional districts. He seemed to be leaning toward their elimination.

Other Senators and Representatives, in response to Specter's comments, drew different conclusions. Clearly, Appropriations Committee Chairman Thad Cochran (R-MS) is yet to be convinced that a no-earmark strategy is a good idea. And in the House of Representatives, Members are still angry about the last minute decision in FY 2006 to strip the Labor, Health and Human Services and Education (LHHS and ED) bill of all earmarks at the 11th hour, making a no-earmark strategy there hard to put into practice.

And what do education advocates think of the earmark game? If these funds

benefit the programs you care most about you are at the very least silent on the issue. Knowing, however, that in a climate where the overall available funding for education is frozen or shrinking, the $1 billion price tag makes one take pause. Ironic that the shortfall facing the LHHS and ED bill this year, because of the funds transferred to Defense in late September, is approximately $900 million. But as Specter indicated, the simple solution is off the table.

 

2. College Board Releases Annual Trends Reports on College Costs

This week, the College Board released its reports on college pricing and financial aid. The reports suggest that at four-year public colleges, increases in average tuition and fees slowed for the third year in a row, although prices are still up an astonishing 35 percent compared to those of five years ago, after adjusting for inflation. Rates for two-year public colleges in 2006-07 were just slightly above the inflation rate. At all institutions, the net price-the average price students pay after grants and tax benefits are considered-is significantly lower than the published price.

Total student aid increased by 3.7 percent to $134.8 billion in 2005-06, but total federal grant aid failed to keep pace with inflation. Even without factoring in inflation, the average Pell Grant per recipient fell by $120.

Evidence of these trends, along with average 2006-07 college prices and

2005-06 student aid data, is documented in the reports, Trends in College Pricing 2006 and Trends in Student Aid 2006.

Related to the release of these reports, as well as a 2006 supplement to Education Pays: The Benefits of Higher Education for Individuals and Society, which documents the benefits of higher education and differences in participation and success across demographic groups, College Board President Gaston Capertson said, "The College Board continues to advocate for need-based aid, so that more students can have the opportunity to benefit from a college education. Though student aid makes it possible for many students from low- and middle-income families to afford college, we still face inequality in access to higher education across ethnic, racial, and economic lines."

These reports include additional information on the pricing of higher education, retention and completion rates, the need for and cost of remedial education, the benefits of postsecondary study, and information on the allocation of federal student aid programs, including tax incentives. For more information and copies of these reports, visit:

http://www.collegeboard.com/press/releases/150634.html.

 

3. Education Sector Hosts Spirited Discussion of College Rankings

On October 25, Education Sector hosted a forum titled, "America's Best Colleges?" The event generated a spirited discussion of the practice of "ranking" colleges and universities in the United States; the recent recommendations of the Commission on the Future of Higher Education; accountability in higher education; and the pieces of information important to consumers during the college selection process, among other topics.

Paul Glastris of The Washington Monthly led the panel discussion. Panelists included Kevin Carey of Education Sector; David Dunn, Chief of Staff to the U.S. Secretary of Education; Brian Kelly of US News & World Report; Patricia A. McGuire, President of Trinity University; Charles Miller, Chairman of the Commission on the Future of Higher Education; and David E, Shulenburger of the National Association of State Universities and Land Grant Colleges.

Education Sector has recently released a report, authored by Kevin Carey, which calls for changes in the rankings of colleges and universities. The report concedes, "The US News rankings have become the nation's de facto higher education accountability system." However, it also suggests that this system is "deeply flawed." The report further asserts that the higher education community-in its entirety-is resistant to transparency and would not support a recommendation to create a database which would include key elements of interest to education consumers. Ultimately the authors of the report conclude that "the only plausible path to a rankings-based accountability system that would be truly valuable to students and parents lies with federal action."

More information on this event and the report is available at www.educationsector.org.

 

4. In Brief

Safe and Drug Free Schools and Communities Advisory Committee Holds Panel

Briefing

On October 23, the Office of Safe and Drug-Free Schools hosted a meeting of

the Safe and Drug Free Schools and Communities Advisory Committee. The

meeting consisted of three panels that discussed the implementation and

effectiveness of the Unsafe School Choice option. The Unsafe School Choice

option allows "students who are attending a persistently dangerous public

elementary school or secondary school or who becomes a victim of a violent

criminal offense while in or on school grounds, be allowed to attend a safe

public elementary school or secondary school within the local educational

agency, including a public charter school." Similar meetings of the Advisory

Committee will take place in January and March of 2007. The Committee has

also scheduled five conference calls to provide opportunities for Committee

discussion and analysis. The process will culminate in a final report,

scheduled to be presented to the Secretary on June 12, 2007. For more

information on the work of this group, contact Catherine Davis, Executive

Director, Safe and Drug Free Schools and Communities Advisory Committee,

(202) 205-4169, or OSDFSC@ed.gov.

Secretary Spellings Visits Ohio: Announces $5.5 Million Grant and Visits

Cincinnati Zoo Academy

The Ohio Department of Education received the first Teacher Incentive Fund

grant of $5.5 million to provide financial incentives to teachers and

principals. The Teacher Incentive Fund is a "federal initiative designed to

reward effective teachers by establishing merit pay in states." The grant

will span five years and total over $20 million. At the grant award event in

Columbus, Ohio, Secretary Spellings stated that, "nothing helps a child

learn as much as a great teacher-and research shows that rewarding teachers

for results can improve student performance." The Education Department will

be awarding a total of $42 million over the next few weeks. They will reward

the remaining $43.7 million in the spring. While in Ohio, Spellings also

visited the Cincinnati Zoo Academy to discuss and meet with teachers and

students about No Child Left Behind and the need for college preparatory

coursework, including rigorous math and science courses, to prepare students

for the 21st century economy. The Cincinnati Zoo Academy is an accredited

Cincinnati public school located at the Cincinnati Zoo. The school began as

a vocation school for those interested in careers at the zoo and has since

evolved into a college-prep program. For more information about the Teacher

Incentive Fund visit http://www.ed.gov/programs/teacherincentive/faq.html

 

5. In the News

The Washington Post (10/24/06). "In Quest for Speed, Books Are Lost on

Children."

http://www.washingtonpost.com/wp-dyn/content/article/2006/10/23/AR2006102300928.html

The Washington Post (10/23/06). Political Backlash Builds Over High-Stakes

Testing."

http://www.washingtonpost.com/wp-dyn/content/article/2006/10/22/AR2006102200998.html

USA Today (10/22/06). "Pundit Armstrong Williams settles case over promoting

education reforms."

http://www.usatoday.com/news/washington/2006-10-20-williams_x.htm

The Columbus Dispatch (10/22/06). "Cheating is up - among teachers."

http://www.dispatch.com/news-story.php?story=dispatch/2006/10/22/20061022-A1-01.html

The San Francisco Chronicle (10/22/06). "One for the books -- tutoring gets

outsourced."

http://sfgate.com/cgi-bin/article.cgi?file=/c/a/2006/10/22/MNGTILTVRR1.DTL

 

This memorandum 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.

 

 

The Online NewsHour: Vote 2006

Background, news, and analysis about the November 2006 elections, with coverage of U.S. House and Senate and state governor races. Features profiles of candidates, reports related to the candidates and races, overviews of key issues (such as Iraq and gay marriage) and lesson plans and other material for students and teachers. From Online NewsHour, a Public Broadcasting Service (PBS) program.

URL: http://www.pbs.org/newshour/vote2006/

FedSpending.org

This website is "a free, searchable database of federal government spending." The data is "largely from two sources: the Federal Procurement Data System, which contains information about federal contracts; and the Federal Assistance Award Data System, which contains information about federal financial assistance such as grants, loans, insurance, and direct subsidies like Social Security." Also includes a glossary. From OMB Watch, "a nonprofit research and advocacy organization dedicated to promoting government accountability."

URL: http://www.fedspending.org

Depression symptoms less likely in kids with accurate self-perceptions

Depression symptoms less likely in kids with accurate self-perceptions

TALLAHASSEE, Fla. -- Children who can accurately assess how their classmates feel about them -- even if those feelings are negative -- are less likely to show symptoms of depression, according to Florida State University researchers. >>> read more.

Legislative Alert for Florida School Counselors

Legislative Alert for Florida School Counselors

EARLY VOTING BEGINS OCTOBER 23 at Public Libraries

ELECTION DAY IS NOVEMBER 7

The CANDIDATES For GOVENOR ARE: Charlie Crist of the Republican Party and Jim Davis of the Democratic Party.

T.V Debates for Governor’s Race
Public T.V. - October 24

NBC Affiliates - October 30 Check you local listing for the station on your T.V. and times
FSCA does not formally endorse any particular candidate or political party. The legislative issues and platforms are shared with the candidates and their particular positions are compared with the concerns of school counselors. Of particular concern to school counselors this year are:

*Use of the FCAT
*Mandated multiple year grade retention
*Students dropping out of school early and high school graduation rates
*Inclusion of counselors in the receipt of the same benefits as classroom teachers.

As your FSCA legislative representative, it is my responsibility to try and stay up on the issues of concern to counselors. Information about each candidate can be found on their individual web sites.

Jim Davis states he wants to change the use of FCAT and has expressed great concern about High School graduation tied to FCAT alone. Davis states that the FCAT should be used as a diagnostic tool and a check up on students and schools. Too much emphasis is being placed on FCAT scores alone. He has also said, as governor,he wants a committee of school counselors and teachers to convene with him on the issue of third grade mandated retention. Davis was an early supporter of the class size amendment and wants to fully fund class reductions. Other Democratic candidates throughout the State are following this as their positions as well.

Charlie Crist states he wants to maintain the use of FCAT and continue the high standards achieved under Florida ’s FCAT use. Crist supports grade level retention as a solution to social promotion and states ” children must learn to read before they can read to learn.” Therefore third grade retention must be implemented if a child does not pass the FCAT which is the instrument of choice for accountability. Initially Crist opposed the class size amendment as being too costly. His position now is that the voters have spoken and fully supports the implementation of the amendment. Most other Republican candidates throughout the state are following this as their positions as well.

Thank you for your continued child advocacy.

Barbara Barry, FSCA Legislative Committee Chair Barrydmin@Yahoo.com
Barb Barry
407 970-2262
407 677-1771
Barrydmin@yahoo.com

From The ASCA Legislative Update

From The ASCA Legislative Update
A weekly report of public policy issues in American Education from the
American School Counselor Association
www.schoolcounselor.org

October 23, 2006

Executive Summary:

Budget and Appropriations Update
Information Literacy Summit Convened in Washington
CEP Reveals Paper on the International Challenge of Finding Quality Teachers
Briefing Examines Connection Between Video Games, Teaching and Learning
Brookings Hosts Discussion of Effects of Student Happiness, Confidence on
Achievement
CCSSO Releases ESEA Reauthorization Recommendations
In Brief
New Publications
In the News

1. Budget and Appropriations Update

It is wait and see time for education advocates anxious for information
about the FY 2007 budget decisions for the Department of Education. With
Congress out of town and the press focusing on the tight campaigns across
the nation, news about the many unfinished appropriations measures is hard
to come by.

What would Democratic victories in the U. S. House and Senate mean for those
of us who reside in the budget weeds? First of all, if past is prologue,
many of the key staffers who currently work for the majority party Members
of the Appropriations Committee might find themselves continuing in those
positions with one essential change in their status-working for the other
party. It is a poorly kept secret in Washington that staff actually make
many of the critical decisions that are attributed to elected officials.
Appropriations staffers are a unique breed-their expertise is valued by
Members on both sides of the aisle. Their knowledge of the complexities of
the spending and accounting practices of Federal government agencies; the
strength of the relationships they have built with career staff within these
agencies; and their general knowledge of how programs work and who cares
most about them is a treasure that a new Chairman does not lightly give
away. In the past, when party leadership has flip flopped, a large number
of experienced Capitol Hill staffers have found themselves staying in place.

So while we may see the faces of new Members of the House and Senate on
Capitol Hill after November 7 and the Chair positions and the Leadership
posts may switch to the other party, the key staffers who guide the
development and progress of the many appropriations bills that fund the
government each year could remain very much the same.

2. Information Literacy Summit Convened in Washington
The 2006 Information Literacy Summit on American Competitiveness in the
Internet Age was held on Monday, October 16. The summit, sponsored by the
National Forum on Information Literacy in partnership with the Committee for
Economic Development, Education Testing Service (ETS), the Institute for a
Competitive Workforce - an affiliate of the U.S. Chamber of Commerce, and
the National Education Association (NEA), hosted discussions from national
and international experts on the topic of the literacy skills necessary to
be successful in today's information society.
The day's discussions addressed both domestic and international perspectives
on the issue of information literacy. Throughout the day, participants
agreed that the importance of an information literate citizenry and
workforce is better recognized internationally than in the U.S.
Additionally, there was a great deal of discussion regarding the importance
of distinction between technology skills and information literacy. While
basic technology skills are fairly pervasive, the ability to discern
information needs and locate, evaluate and effectively use that information
in the workplace and within the context of civic responsibilities is not
widespread, according to the initial findings of ETS' Information and
Communication Technology (ICT) Literacy assessment. These findings show
that less than half of college test takers, when asked to evaluate a set of
web sites, correctly identified the web site that met the criteria of
currency, authority and objectivity. Only 44 percent of the students, when
asked to handle a large amount of information, were able to successfully
sort the information to efficiently complete a task. More than half of the
students did not sort the information at all.

Margaret Honey, Vice President, Education Development Center and Consultant
to the Partnership for 21st Century Skills, pointed to these findings as a
"wake up call." Education advocates and those involved in federal education
policy agree that these concerns need to be addressed both within pieces of
competitiveness legislation being considered and the upcoming
reauthorization of the No Child Left Behind Act (NCLB).

For more information on the event, visit
http://www.infolitsummit.com/site/index.htm

3. Center for American Progress Reveals Paper on the International
Challenge of Finding Quality Teachers

The Center for American Progress held a panel discussion based on a new
paper, "Finding Quality Teachers for Public Schools: The International
Challenge," written by Susan Sclafani and Marc Tucker. Susan Sclafani is
the Managing Director for the Chartwell Education Group and Marc Tucker is
the President of the National Center on Education and the Economy.

Recruiting and retaining quality teachers in an economically competitive
society remains one of the many challenges facing the US and foreign nations
alike. Some have turned to pay reforms as a way of addressing the issue,
including strategies such as sign-on bonuses, loan forgiveness, higher
compensation in the early years, pay incentives targeted at particular
shortage areas, bonuses based on teacher contribution, and individualized
salaries negotiated between teachers and principals versus a blanket salary
for all new teachers. Commenting on these strategies, Sclafani noted that
those entering the teaching profession believe that hard work should be
reflected in their salaries.

Overall, pay incentives for teachers, both in the United States and abroad,
are well below the level of the comparable incentives being offered in the
private sector. The new report asserts, "teachers and principals respond to
the same incentives that all other professionals respond to." The problem
is that these incentives are not structured properly. The United States
needs to continue to analyze how other nations are reforming their school
systems and put this data to good use in order to preserve the country's
competitive edge in the 21st century.

4. Briefing Examines Connection Between Video Games, Teaching and
Learning

During a breakfast briefing at the National Press Club on October 17, the
Federation of American Scientists (FAS) and the Entertainment Software
Association (ESA) called on the federal government, business and education
leaders to embrace and thoughtfully explore the use of video games in
teaching and learning.

The briefing was held to release, "R&D Challenges in Games for Learning," a
roadmap for these leaders. The plan is based on the deliberations of the
National Summit on Educational Games held in October 2005, which drew on the
experience and opinions of over 100 participants, including video game
industry executives/developers; educational software publishers; experts on
technology and pedagogy; researchers; teacher representatives; U.S.
military; R&D funders; and policymakers.

To discuss the Summit findings and recommendations, the breakfast briefing
featured panelists: Henry Kelly, President, FAS; Doug Lowenstein,
President, Entertainment Software Association; Don Blake, National Education
Association (NEA); and Jayfus Tucker Doswell, President and CEO,
Juxtopia,LLC.

According to Lowenstien, "[b]y 2010, there will be 75 million people between
the age of 10 and 30. These 'millennials' will have video games in their
DNA just like we have television, and how radio was for our parents." He
stressed the importance of leveraging technology to reach students and
enhance their education.

Blake agreed with the panelists that technology - specifically gaming - has
an important role to play in education. However, he provided context to the
current education climate by providing a series of questions that will need
to be answered by the gaming community as they move the conversation
forward. "How would these methods be measured on standardized tests? To
what degree are we educating the public and decision makers and managing
their expectations in terms of the results from incorporating technology?
How would schools of education incorporate pedagogy with regard to gaming
technologies?"

The structure of the education market itself presents a host of obstacles
for a manufacturer of gaming technologies. It is highly fragmented, and in
light of NCLB requirements, schools are reluctant to adopt unproven
innovations. Kelly acknowledges that there needs to be substantial research
and development done in this area in order for it to have the most positive
affect in schools. Some items to research would be the role of games in
learning, design of pedagogy for game-based learning, effect of immersion
and engagement on learning, and understanding change in education and
training institutions.

To view the report, fact sheet and powerpoint presentation, visit
www.fas.org

5. Brookings Hosts Discussion of Effects of Student Happiness, Confidence
on Achievement

The Brookings Institution held a briefing about the 2006 Brown Center Report
on American Education. The report, "How Well Are Our Students Learning?"
evaluates the roles that student happiness and confidence play in
achievement. The report also examines whether states are inflating test
scores to meet the standards of No Child Left Behind.

The report suggests that the level of American student happiness and
confidence negatively correlates to achievement, when compared to other
nations. According to Tom Loveless, Director of the Brown Center on
Education Policy and the author of this report, student happiness in
education is "misplaced." Based on data from the Trends in International
Mathematics and Science Study (TIMSS), the analysis found that countries
with students enjoying math, who are taught practical and relevant math
problems and are confident in their abilities, do not score as well as
countries with students whoare not confident in their abilities, do not
enjoy the subject and are not taught math problems that are relevant to
their daily lives.

Interestingly, this trend is only evident when comparing countries to one
another. When Loveless studied the same data within a single country, he
found the opposite results. For example, when looking at test scores of
students within the United States, he found that those students who are
confident in their math and reading abilities and are generally happy scored
higher than those who were not happy and not confident in their skills.
Loveless says this does not mean we should undermine students' confidence or
present math that is dissociated from students' lives or "boring." It does
mean, however, that if "self- confidence and enjoyment are separated from
academic purpose, they seem to lose their educational value."

Also examined in this report is whether or not states are inflating test
scores to meet the No Child Left Behind Standards. Under NCLB, states are
required to impose sanctions on schools that fail to make adequate yearly
progress (AYP) in increasing the percentage of students attaining
proficiency. It has been suggested that states are "watering down" tests or
setting proficiency levels low, among other things, to ensure they are not
sanctioned for not meeting AYP. According to Loveless, "schools certainly
have the incentives to do so." Research shows that schools are, in fact,
inflating test scores; however, research also shows that this was happening
long before NCLB and there is no evidence to show that NCLB is exacerbating
this gap in scores.

6. CCSSO Releases ESEA Reauthorization Recommendations

The Council of Chief State School Officers (CCSSO) held a briefing on Monday
to release its Elementary and Secondary Education Act Reauthorization (ESEA)
Policy Statement. CCSSO's goal for reauthorization of ESEA is to ensure
that every child graduates high school and is prepared for postsecondary
education and/or the workforce. In order to achieve this goal, CCSSO
believes there is a need for a renewed commitment and partnership between
the state and federal government.

The panel discussion included comments from Valerie Woodruff, president,
CCSSO; Elizabeth Burmaster, president-elect, CCSSO; and John Engler,
president, National Association of Manufacturers and former Governor of
Michigan.

According to Burmaster, the recommendations were created by a
"geographically and politically diverse" task force created in January 2006.
CCSSO has established three broad recommendations for ESEA reauthorization
that include:

1) continued support and increased autonomy with regard to the
foundations of standards based reform;
2) greater focus on building state and local capacity to improve
learned opportunities for all students and support interventions in
low-performing districts and schools; and
3) increased investment in research, evaluation, technical assistance,
and collaboration to help inform state and local efforts to improve student
achievement an close achievement gaps."

Engler stated that the manufacturing community has been concerned for a long
time regarding the ability of graduates to understand highly technical work.
He cited the 2005 NAM Skills Gap report which revealed that 80% of NAM
members were having difficulty filling positions with qualified applicants.
It was his hope that these recommendations would assist in improving
education to "give every American student a chance to have a competitive
career".

Woodruff and Burmaster stressed that states must be provided flexibility in
order to incorporate innovative strategies; Woodruff maintained this would
not "let us off the hook" but rather provide the ability to utilize
strategies at the state level to improve teaching and learning. She pointed
to growth models as one specific area that states need to be allowed to
explore.

For more information, visit www.ccsso.org

7. In Brief

Spellings Discusses Higher Education, Global Competitiveness
Secretary of Education Margaret Spellings this week joined Rep. Heather
Wilson (R-NM), students, education officials and business leaders to discuss
higher education and global competitiveness. "To help keep America
competitive, we must provide students and families with more information and
more affordable access to higher education, while holding our institutes of
higher learning accountable for student learning," said Spellings. She
discussed the need for colleges and universities to be more affordable,
accessible and accountable in order to prepare American students for a
global economy. To accomplish this, Spellings suggested expanding No Child
Left Behind accountability to high schools, increasing need-based aid,
streamlining the entire aid process and creating a privacy-protected higher
education information system.

Briefing Focuses on PK-3 Teaching
At a briefing on Capitol Hill yesterday, the New America Foundation and the
Foundation for Child Development held a briefing to discuss pre-kindergarten
through third grade teaching. The briefing featured remarks from the 2006
National Teacher of the Year, as well as a representative from the National
Board for Professional Teaching Standards, a dean of a college of education,
and a policy expert. The panelists discussed the importance of early child
education and the critical role teachers play and what colleges of education
as well as policymakers can do to ensure highly qualified teachers are in
every classroom. The panelists discussed the lack of consistency in
education, training and certification standards from state to state. Many
PK-3 teachers do not hold bachelor's degrees; PK-3 teachers also make
significantly less money than their elementary teaching peers, creating a
deep hole in the PK-3 workforce. To counter this trend, recommendations
discussed targeting NCLB Title II and V money and HEA Title II money towards
PK-3 teachers. For more information, visit www.newamerica.net

8. New Publications

The Bridgespan Group (October 2006). "Reclaiming the American Dream."
http://www.bridgespan.org/PDF/ReclaimingtheAmerican%20DreamWhitePaper.pdf

9. In the News

Seattle Post-Intelligencer/AP (10/18/06). "SAT, ACT see number of
test-takers rise."
http://seattlepi.nwsource.com/national/1110ap_sat_vs_act.html

Houston Chronicle/Associated Press (10/18/06). "NFL Joins Fight Against
Child Obesity." http://www.chron.com/disp/story.mpl/ap/fn/4268428.html

The Seattle Times/AP (10/18/06). "Scientists say video games can reshape
education."
http://seattletimes.nwsource.com/html/education/2003309887_videogames18.html

This memorandum 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.

From The ASCA Legislative Update
A weekly report of public policy issues in American Education from the
American School Counselor Association
www.schoolcounselor.org to join now ..

This Week's Legislative Update from ASCA

 

	September 25, 2006 Executive Summary: Budget and Appropriations CEP Event Discusses Exit Exam Costs Business Roundtable Hosts Forum to Evaluate NCLB House Education and the Workforce Committee Holds Hearing on SES Commission on the Future of Higher Education Work Close to Complete In Brief New Publications In the News

 

Click here to read the full report.

Call your Senators and Representative to Save Education Funding!

ACA ALERT: Call your Senators and Representative to Save Education Funding!

ACTION NEEDED: The spending bills now pending in the House and Senate would together cut education funding by more than $1 billion. Call your Senators and Representative and urge them to keep their commitment to provide at least $7 billion more than the President’s FY 2007 budget for education and related programs in the final FY 2007 spending agreement. When our students succeed, our nation succeeds! 

TARGET:  All U.S. Representatives and Senators. It’s easy to call!  Call 1-800-459-1887 to be connected toll-free to the Capitol Switchboard.  Ask to speak to your Senators/Representative. To find the names of your members of Congress, go to ACA’s Legislative Action Center at: http://capwiz.com/counseling/home/, and enter your zip code under “Elected Officials.”  

Yu can also e-mail your Senators and Representative by following this link:

http://capwiz.com/npta2/issues/alert/?alertid=9027806&type=CO.  Just fill out your personal information, add any additional comments you have to the stock letter, and hit send!

SUGGESTED MESSAGE: “I’m calling to ask the Senator/Representative to restore cuts and provide at least $7 billion more than the President’s FY 2007 budget for education and related programs in the final FY 2007 spending agreement. Increased education investment should be the Senator’s/Representative’s top funding priority so that America’s students obtain knowledge and skills for success. When our students succeed, our nation succeeds!” 

Feel free to add any other personal anecdotes or information about how these drastic cuts will affect you and your community, and don’t forget to leave your name and address so someone can follow up with you!

BACKGROUND: The spending bills now pending in the House and Senate would together cut education by more than $1 billion. The Committee for Education Funding (CEF) – a coalition of over 100 education groups representing pre-K through graduate education and life-long learning – is sponsoring “Contact Washington Week” during the week of September 18-22. ACA is an active member of CEF and we urge counselors to participate by calling your Senators and Representative to urge them to keep their promise to provide at least $7 billion more than the President’s FY 2007 budget for education and related programs for the success of our nation’s student in the global economy.

Additional Talking Points:

• The spending bills now pending in Congress would under fund No Child Left Behind by more than $12 billion, hindering efforts to close the achievement gap for poor and minority students.

• Over 4.5 million eligible disadvantaged students would lose services, as expectations for student performances grow.
• The federal share of funding for students with disabilities would decline to 17%, far short of the promised 40% share of costs.
• Low-income and minority students would be hit hardest with loan debt also, as college costs continue to rise and federal student aid does not keep pace.
• In fact, funding for many essential education programs at all levels would be stretched thin by growing enrollments, inflation costs and funding cuts or freezes for the third and fourth year in a row.

For more information, contact Chris Campbell in ACA's Office of Public Policy and Legislation at (800) 347-6647 x-241, or e-mail ccampbell@counseling.org.  

Proposed Constitutional Amendments (FLORIDA)

Proposed Constitutional Amendments for the November 7, 2006 Ballot

Overview

Please find below a brief summary of the major provisions of the proposed constitutional amendments that will appear on the general election ballot this year.  The central provisions of each amendment are underlined.  


Amendment 1 – State Budgeting, Planning, and Appropriations Process

If passed, this amendment would limit the amount of non-recurring general revenue that may be used to fund the recurring costs of state programs to 3% of total general revenue.  For fiscal year 2005-2006 this would be approximately $800 million.  A 3/5 vote in the House and Senate may be used to approve the expenditures that exceed the 3% limit.  

This amendment would also establish a Joint Legislative Budget Commission, which will analyze Florida’s fiscal needs and report to the Legislature to assist budgetary decision-making.  The Commission will seek input from the public, as well as work with all branches of government to create accurate long-range financial outlooks.  

This amendment would also allow the Governor or Chief Justice of the Florida Supreme Court to make recommendations to the Legislative Budget Commission to make  limited adjustments to the state budget, without the need to obtain approval of the full Legislature.  

This amendment would also update and amend the rules for trust funds, reducing the number of times they are automatically terminated to create a more streamlined appropriations process.

The amendment also would create a Government Efficiency Task Force in 2007, and every 4 years thereafter, composed of legislators and private sector appointees, to make recommendations to improve government and reduce costs.  The Task Force will be staffed as provided in law, with assistance from the private sector permitted, and will be required to complete its work in one year.







Amendment 3 – Requiring Broader Public Support for Constitutional Amendments or Revisions

If passed, this would require future proposed constitutional amendment to pass with 60% of the vote instead of the current simple majority of votes cast.
Amendment 4 – Protect People, Especially Youth, from Addiction, Disease, and Other Health Hazards of Using Tobacco

In order to “protect people, especially youth, from addiction, disease, and other health hazards of using tobacco,” this amendment would require the Legislature to annually use money from the Tobacco Settlement for a comprehensive statewide tobacco education and prevention program.  The amount is to be 15% of annual Tobacco Settlement payments made to Florida, adjusted annually.



Amendment 6 – Increased Homestead Exemption  

     This amendment would increase the maximum additional homestead exemption for low-income seniors from $25,000 to $50,000, with an effective date of January 1, 2007.  The Florida Constitution currently offers a $25,000 Homestead Exemption to all owners of “homestead” properties, and allows local governments (counties or cities) the option of offering an additional exemption to low income seniors of up to $25,000 (for a total maximum exemption of $50,000).  Under the Florida Constitution, seniors are eligible for this added benefit if they are 65 years old or above with a household income that does not exceed $20,000, adjusted for inflation.  This amendment could save the average low income senior homeowner hundreds of dollars a year on their property tax bill.  




  Amendment 7 – Permanently Disabled Veterans’ Discount on Homestead Ad Valorem Tax

This amendment would provide a discount from property taxes on a homestead property owned by a partially or totally disabled veteran who is 65 or older, who also was a Florida resident at the time of entering the service.  If their disability was combat related and they were honorably discharged, a percentage discount equal to the percentage of the veteran’s permanent disability would be available.  Thus, a veteran deemed to be 50% disabled would receive a 50% discount on their property tax bill.  Depending on the situation, the savings could be hundreds or thousands of dollars.

Amendment 8 – Eminent Domain

This amendment would prohibit the transfer of private property taken by the government’s eminent domain powers from one private owner to another private owner.  The Legislature could create exemptions to allow such transfers with a 3/5 vote in each chamber.  This issue gained immediate and significant importance when the U.S. Supreme Court issued its 2005 Kelo v. The City of New London decision, wherein the Court decided that the Constitution allows local governments to take private property from one owner and transfer it to another owner, so long as doing so serves some other “public purpose” (e.g. providing a potential economic benefit to the community).  Kelo left open the possibility of state and local governments limiting their own power to use eminent domain for such a broad purpose.

Students' repeating is 'futile'

http://www.theaustralian.news.com.au/story/0,20867,20300209-13881,00.html

 

Students' repeating is 'futile' Justine Ferrari, Education writer 30aug06 REPEATING a year of school offers no academic or social benefits to students, and is an "educational malpractice" that encourages delinquency. An analysis of more than 20 years of research by Helen McGrath, a psychologist and lecturer in education at Deakin University, found that students who repeat were more likely to drop out of school and less likely to pursue tertiary education. Dr McGrath says that repeating a year's schooling increases low self-esteem and anti-social behaviour among students, and is "an exercise in futility". "There is probably no other educational issue on which the research evidence is so unequivocal," her study concludes. "There is also no other educational issue where there is such a huge gap between what the research says and the practices that schools continue to adopt." Dr McGrath said no statistics were kept on the number of Australian students who repeat, but it was estimated that between 14 and 18 per cent of all students, or up to 600,000, repeat a year of school at some stage. More than two-thirds of the students who repeat do so in the first three years of primary school, when parents and teachers believe it is less psychologically harmful. While students usually repeat a year to allow them to catch up academically, socially or to mature, Dr McGrath said the research was unclear on whether it was related to children starting school too young. But the study found that any academic gains are short-lived and the stigma students feel in repeating exacerbates existing mental and social problems. "Students who repeat are aware they have failed in some way and as a result are being removed from their same-age peers," Dr McGrath says. "This perception is also held by their peers. This creates a sense of shame, stigma and loss of self-esteem." Some studies found that repeating "directly increased aggression and misbehaviour in all boys, but especially in those who were already showing early signs of anti-social behaviour". "The frustration, disappointment and anger engendered by this kind of visible school failure contributes to students following criminal and anti-social pathways," one study argues. Other research warns that making students repeat in the absence of any evidence it benefits them may constitute educational malpractice, akin to doctors performing surgery they know is high-risk or outdated. In her analysis, Dr McGrath says students who repeat are 20 to 50 per cent more likely to drop out of high school and those who do graduate from high school are 50 per cent less likely to enrol in tertiary education. "These odds were even worse for those students who had repeated between Years 5 and 10," she says. President of the Australian Primary Principals Association Leonie Trimper said parents were usually the ones pushing for children to repeat, and she thought it was a rare decision these days. It was an individual decision for every child that depended on their age, friendships, social groups and long-term benefit, Ms Trimper said. "It's a complex decision that is never taken lightly."

2006 Legislative Changes Regarding School Attendance

The Department of Education has issued the following memorandum regarding the 2006 Legislative Changes Regarding School Attendance. The memorandum may be viewed at:

http://info.fldoe.org/docushare/dsweb/Get/Document-3919/k12_06_124memo.pdf

http://info.fldoe.org/docushare/dsweb/Get/Document-3920/k12_06_124att1.pdf

(Attachment 1)

http://info.fldoe.org/docushare/dsweb/Get/Document-3921/k12_06_124att2.pdf

(Attachment 2)

Legislative Outlook from the American School Counselor Association

Legislative Outlook
August 25, 2006
Source: The American School Counselor Association
www.schoolcounselor.org

While Congress enjoys the last days of its August Recess, we thought we
would remind you of what has-or has not-happened this year. While there
was high hopes for the passage of a number of pieces of education
legislation earlier this year, to date, only one has reached the
President's desk. This provides a summary of the status of a number of
bills important to education advocates.

Perkins Vocational and Technical Education Act (Passed!)

Summary: The Carl D. Perkins Vocational and Technical Education
Act(Perkins) provides federal assistance for secondary and postsecondary
vocational education programs at the high school level and at technical
postsecondary and community colleges. A series of bills intended for
this same purpose date as far back as 1917, but Perkins was originally
passed in
1984 and most recently reauthorized in 1998.

Reauthorization status:
* House - The Vocational and Technical Education for the Future Act

(H.R. 366) was passed by the House on May 4 (416-9).
* Senate - The Carl D. Perkins Career and Technical Education
Improvement Act of 2005 (S.250) was passed by the Senate on March 10
(99-0).
Passed conference committee; signed by President Bush on August 12.

Higher Education Act

Summary: The Higher Education Act (HEA) authorizes the federal
government's major student financial aid programs; services to help
students complete high school and enter and succeed in postsecondary
institutions; aid to institutions; and aid to improve K-12 teacher
training at postsecondary institutions. Ninety five percent of the
funding is disbursed through Title IV - aid to students. Initially
passed in 1965 and last reauthorized in 1998, the Higher Education Act
is on the legislative calendar in both chambers of Congress to be
reauthorized through FY 2008.

In February of this year, the "Higher Education Reconciliation Act" was
passed and enacted as part of larger deficit reduction legislation.
This law, PL 109-171, includes those provisions of the original
reauthorization proposals that cost or spend money-basically, changes to
the federal student aid programs found in Title IV of the Higher
Education Act were enacted via this bill. These provisions resulted in
a number of changes to the federal student aid programs, and created two
new programs-the American Competitiveness and National Science and
Mathematics Access to Retain Talent grant (ACG and SMART Grant)
programs. Despite this action, the Act has yet to be reauthorized in a
comprehensive manner.

Reauthorization status:

* Senate - The Senate Health, Education, Labor and Pensions
(HELP)Committee passed the Higher Education Amendments of 2005 (S. 1614)
on September 8, 2005. S. 1614 was later included as part of S. 1932,
the Deficit Reduction Act of 2005, but the majority of it was stripped
in conference with the House. Senate HELP Committee Chairman Mike Enzi
(R-WY) has said he would like to see S. 1614 on the floor of the Senate
before the close of the 109th Congress, but it seems unlikely.
* House - The College Access and Opportunity Act (H.R. 609) was
passed by the House on March 30 (221-199). Pending Senate floor action.

Head Start

Summary: Head Start, established in 1965, is a comprehensive child
development and early education program for low-income children, ages
birth to five years old, and their families. The goal of Head Start is
to help disadvantaged children become better prepared to succeed in
school and in life. It also provides an array of comprehensive services
such as health screenings (including mental health) and services;
nutrition; dental and vision services; and extensive parental
involvement and education to the families of low-income children. The
program currently serves over 900,000 children and families annually.

Reauthorization status:

* House - The School Readiness Act of 2005 (H.R. 2123) was passed
by
the House on September 22 (231-184).
* Senate - The Head Start Improvements for School Readiness Act
(S.1107) was passed unanimously by the Health, Education, Labor, and
Pensions (HELP) Committee on May 25.Pending Senate floor action.

Workforce Investment Act

Summary: The Workforce Investment Act (WIA) authorizes the federal
government's primary programs for preparing the nation's workforce. As
part of its goal to create a seamless workforce development system for
workers and employers, WIA created one-stop career centers where
job-seekers have access to labor market information, job counseling and
job training to help them get back on their feet.

Reauthorization status:
* House - The Job Training Improvement Act (H.R. 27) was passed by
the
House on March 2 (224-200).
* Senate - Workforce Investment Act Amendments of 2005 (H.R.
27-while utilizing the House bill number, the Senate bill was a unique
bill and not a mirror image of the House) was passed by the Senate on
June 29 by unanimous consent.Pending conference.

Articles of Interest
The Washington Post (08/22/06). The Future of D.C. Public Schools:
Traditional or Charter Education?
http://www.washingtonpost.com/wp-dyn/content/article/2006/08/21/AR200608
2101758.html?referrer=email

The New York Times (08/22/06). "Study of Test Scores Finds Charter
Schools
Lagging."
http://www.nytimes.com/2006/08/23/education/23charter.html?ref=education

The Washington Post (08/21/06). "Butterflies Abound as First-Year
Teachers
Await Day One."
http://www.washingtonpost.com/wp-dyn/content/article/2006/08/20/AR200608
2000601.html

The Washington Post (08/06/06). "Class Questions."
http://www.washingtonpost.com/wp-dyn/content/article/2006/08/01/AR200608
0100825.html

The Los Angeles Times (08/25/06). "Bush Administration Opposes
Integration
Plans."
http://www.latimes.com/news/printedition/la-na-scotus25aug25,1,1755968.s
tory