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Legislative Summary

Summer 2007

    The first session of the 110th Congress has been more productive on education related legislation than the entire 109th Congress. The 110th Congress has thus far sent one bill to the President for his signature and has three bills in conference—these are expected to go to the President in the fall. The bill waiting for the President’s signature is HR2272, S761: The Competes Act. The act is a package of competitiveness bills. In addition to competitive bills for agencies such as the Office of Science and Technology, the National Aeronautic and Space Administration (NASA), and the Department of Energy, Title VI of the bill enhances teacher education in the STEM field and critical foreign languages by authorizing two competitive grant programs. Title VI also authorizes competitive grants to increase the number of highly qualified teachers serving high-need schools, as well as a competitive grant program to enhance math education in elementary and middle school. It further provides targeted help to low-income students who are struggling with mathematics.

    In related legislation, both the House and Senate have passed bills to expand the State Children’s Health Insurance Program (SCHIP), but the President sent a veto message for both bills--. The bills in conference include reauthorization of Head Start—which has not been reauthorized since 1998 (PL 105-285)—and reauthorization of the Higher Ed Act—which has been extended to October 31, 2007. The Senate version of the Higher Ed Act raises the ceiling for the maximum Pell Grant to $6,300, provides for tight research and accountability. The bills, however, note which bill that the federal government will only provide funding that shows outcomes.

    Another bill of interest is the GRADUATES Act (Getting Retention And Diplomas Up Among Today’s Enrolled Students). It has been introduced in the Senate by Senator Murray (D-Wisconsin), Senator Pryor (D-Arkansas). A companion bill is being introduced in the House by Representative Bobby Scott (D-Virginia) and colleagues. This piece of legislation will provide grants to partnerships for creating “evidence-based systemic and replicable models of reform in secondary schools.” Authorizing language in the Senate provides $500 million in competitive grants. NABSE along with a significant number of educational organizations has signed on in support of the House bill.

    Appropriations

    The House approved a $61.7 billion package for education for FY2008. This represents a $6.2 billion increase over President Bush’s request. The Senate Appropriations committee has approved a bill that mirrors the full House action. Both versions offer more than $1 billion in new money for Title I and $500 million for IDEA. It is of concern that the full Senate may not pass the committee bill prior to the end of the fiscal year as it has controversial provisions, such as permitting stem-cell research. Of more concern, however, is an indication by the President in a statement of administrative policy that he “will veto any appropriations bill calling for expenditures on more funds than he requested.” Thus, there is great concern for us at NABSE and NABSE members, that we may have to prepare for a long drawn out process as in past years. If Congress does not pass the appropriations bill at the start of the FY08 fiscal year, Congress will have to operate on a series of continuing resolutions.

    Reauthorization of the Elementary and Secondary Education Act of 1964 (ESEA)
    (Known as NCLB-PL 107-110)
               
    The reauthorization of ESEA is moving forward, but it is difficult to know the pace of the tracks: delayed, fast, slow, or crowded. At this point, the tracks are crowded with input from every conceivable constituency. Nevertheless, both Chairman Miller and Chairman Kennedy, majority chairs and their key staffers are committed to reauthorization. Chairman Miller has set a September target for committee and floor action of the House version that would reauthorize all ten titles of ESEA.

    Chairman Miller’s statement below illuminates the direction of the majority Congress on the reauthorization.

    We are not out of the woods yet. An even 1000 bills and resolutions have been filed to date meant to address some aspect of ESEA or ESEA funding, and Senators Gregg (R-New Hampshire) and Burr (R-North Carolina). Senators Gregg and Burr have introduced a full bill that does not align with the Miller statement.  On the Democratic side, Senators Lieberman (I-Connecticut), Landrieu (D-Louisiana), and Smith (R-Oregon) have done the same. While both bills allow for some flexibility for the states, they maintain all of the provisions of the current bill as well as strengthen language for school choice and potentially voucher under Title I. On the other hand, a highly publicized bill has been introduced by Congressman Pete Hoekstra (R-MI), which would completely gut NCLB, allowing all states to opt in or out as they see fit and use Title I funds for vouchers. Sixty Republican members of the House of Representatives have signed this version of the bill. Education committee chairmen Kennedy and Miller, as well as the administration are anxious to get a bill out. This reflects a common view among educational organizations and others that, if Congress does not act quickly, the Presidential campaigns and contentious mid-term elections will derail the movement of the bill this session. Most education advocates and organizations are on board with this thinking.

    NABSE’s Top Reauthorization Priorities Communicated to Key Staffers and Chair

    Last month, NABSE’s President, Dr. Emma Epps, the chair of the legislative committee Dr. David Snead, and the Executive Director, Mr. Quentin Lawson, along with me as Government Relations Liaison, met to convey our most urgent priorities, which include:

      • Title I full-funding
      • Title I formula change
      • Targeting of Title I funds to the poorest school districts, the poorest schools in those districts, and the poorest children in those schools
      • Flexibility in the accountability provisions for AYP and sustained achievement—including multiple measures of performance1
      • Pilot grants, under Title I, for dual-language programs for poor and minority children
      • Statute language that promotes success as opposed to punishment.