Key Legislation

E-Rate Update

In late August, the FCC released an order on universal service that addressed some of the outstanding issues raised in a 2005 Notice of Proposed Rulemaking on which CoSN and ISTE filed extensive comments. The big news is that the FCC agreed with CoSN and ISTE that the program's performance should not be measured using education metrics but should be based on connectivity and bandwidth. Citing ISTE and CoSN's comments numerous times, the order stated that "the Commission should further measure the level of connectivity" in the program and "that it would be difficult to try to determine the impact of E-Rate funds, as opposed to other funds, on learning." The order goes on to admit that the FCC does not have "sufficient data at this time to establish goals for these performance measures" but that information gleaned from site visits and application forms could help. The order also indicates that the Commission will work with the Universal Service Administrative Company (USAC), the E-rate program’s administrator, "to modify the relevant FCC forms or create additional questions for program participants to determine how schools and libraries connect to the Internet and their precise levels of connectivity."

The Commission also took to heart suggestions from ISTE and CoSN and others in the education community that E-Rate applicants should not be the only ones assigned performance measures but that USAC's performance in processing applications should also be measured. While the Commission does not include in its USAC performance measures that USAC process all or a high percentage of applications by a date certain (ISTE and CoSN proposed specific dates to complete processing Priority I and Priority II applications), it does require USAC to collect and submit data on the average processing time and percentage of applications completed by June 1. The order also asks USAC to document the amount of time it takes to process forms that reimburse service providers (who, in turn, reimburse providers) for the nondiscounted part of the E-Rate service. Finally, the order requires USAC to determine how many appeals it processes within 90 days, the limit on appeals processing that ISTE and CoSN proposed in their comments.

One last significant policy change announced in this order is the extension of several requirements imposed only on the E-Rate to all other universal service programs. Specifically, participants in the other universal service programs now, as E-Rate applicants have had to do for many years, will have to retain documents for five years, be subject to a five year audits and investigations period, and be subject to the recovery of erroneously disbursed funds and debarment from their programs if found guilty of criminal violations or held civilly liable for actions taken in connection with their programs.

Value of Ed Tech Recognized at House NCLB Hearing

The House Education & Labor Committee convened a full committee hearing on September 10th to receive input from various education stakeholders on Chairman Miller’s NCLB reauthorization discussion draft.  The committee heard from forty-four witnesses, who covered themes ranging from the importance of teacher quality and good data to the importance of appropriate assessments to accurately assess student performance and the need to strengthen curriculum to better prepare U.S. students for the 21st Century global economy. 

The Committee shined a strong spotlight on education technology by inviting Frances Bradburn, Director of Instructional Technology at the North Carolina State Department of Education, to testify. Bradburn shared her experiences overseeing the integration of technology into North Carolina schools through the use of the IMPACT model, a systemic school reform model centered on technology immersion with an intense focus on collaborative planning.  She told the committee that when you enter an IMPACT school, you quickly experience that collaborative learning, higher level thinking skills, and student engagement are pervasive whether students are learning math, science, reading, or history.  She also shared state data that showed that high need, high poverty schools implementing the IMPACT model evidenced significant gains in key areas. Specifically, when compared with control groups not using the IMPACT model, IMPACT using schools experienced academic achievement gains, increased likelihood of students staying on grade level, increased college-going rates, and increased teacher retention. 

Bradburn clearly and effectively described how, through the use of technology, school and teacher leaders drive change in their schools and learn from one another to utilize data to address the individual needs of each student.  She cited the use of digital cameras, interactive white boards, and computers that provide students with opportunities to collaborate and connect to the rich and relevant content that would not always be readily available to some students.  She explained that these students are experiencing school in a new way that builds those 21st century skills necessary to succeed. Teachers have become the facilitators of learning and students have become engaged in their own progress.

In her testimony, Bradburn praised the Achievement Through Technology and Innovation (ATTAIN) Act, whose major pieces were included in the draft reauthorization bill as Title II, Part F, as an integral ingredient for the effective implementation and use of data systems, on-line assessments, virtual AP Courses, and on-going and sustainable professional development.  She explained that many states currently use educational technology to reach these goals and have shown that it helps meet the primary tenets of No Child Left Behind—to improve student achievement, certify highly qualified teachers and help close the achievement gap.

FY08 Appropriations: House & Senate Pass a Continuing Resolution

As the October 1st beginning of FY08 draws near, Congress had not made a great deal of progress on completing its FY08 appropriations work. As a result, both the House and Senate passed a temporary spending bill, known as a continuing resolution (CR), during the week of September 24th, that will last through November 16th.  By all accounts, this is a "clean" CR, carrying short-term extensions for programs at FY07 levels, without pet projects for lawmakers, and minus increased funding for the Iraq war. For education technology, this means that the Enhancing Education Through Technology (EETT) program would continue to receive funding at the FY07 level of $272.3 million.

Even if Congress manages to reach agreement on any or all of the FY08 spending bills, the Administration’s thus far uncompromising stance on spending increases remains an issue. President Bush has threatened to veto any spending bill that exceeds his proposed budget, threatening many of the domestic spending bills Democrats have passed.  The Labor, HHS and Education bill, which exceeds the President’s budget request by a wide margin, is viewed as “veto-bait.”