Tuesday, June 19, 2007

NCLB Negotiations

On Monday, Secretary Spellings continued her charm offensive for the reauthorization for the No Child Left Behind Act (NCLB). She met with the “Big 4” in the Dirksen Senate Office Building, including Senator Edward Kennedy (D-MA), ranking member Mike Enzi (R-WY), Representative George Miller (D-CA) and ranking member Howard McKeon (R-CA). According to the Washington education intelligentsia, Secretary Spellings continued to advocate for the Administration’s Blueprint, with particular emphasis on the core principles, including:

On Monday, Secretary Spellings continued her charm offensive for the reauthorization for the No Child Left Behind Act (NCLB). She met with the “Big 4” in the Dirksen Senate Office Building, including Senator Edward Kennedy (D-MA), ranking member Mike Enzi (R-WY), Representative George Miller (D-CA) and ranking member Howard McKeon (R-CA). According to the Washington education intelligentsia, Secretary Spellings continued to advocate for the Administration’s Blueprint, with particular emphasis on the core principles, including:
• All students reading and doing math at or above grade level by 2014;
• Annual assessments and disaggregation of data to close the achievement gap;
• Qualified teachers in core academic subjects in every classroom; and
• Timely information and options for all parents.
The Blueprint advocacy was expected, but it was the unexpected apple-shaped cookies with “NCLB ASAP” icing that won the day. Conversation, we are told, was chirpy but even the cookies may not have impacted political equation. Both parties are in the process of defining themselves for the rapidly coming 2008 elections. The Republican leadership is coalescing around more state based autonomy and their pre-NCLB principles. The Democratic leadership is working to secure a united and effective voting record, showing that they are not a “do-nothing” Congress as many coined their predecessors in the 109th Congress. Neither trend bode well for the bipartisan coalition required to amend and reauthorize the law.
Meanwhile, the House and Senate education committee staff are sifting through the more than 130 NCLB recommendations, vetting their priorities and trying to craft language that strikes a workable balance between greater state autonomy and improved technical accountability requirements, which may take longer than they hoped.
Resources:
Building on Results: A Blueprint for Strengthening the No Child Left Behind Act (U.S. Department of Education: January 2007), http://www.ed.gov/policy/elsec/leg/nclb/buildingonresults.html

Next time you are in Washington, DC and visiting us in Georgetown, try Furin’s iced cookies. If reauthorization occurs in 2007, these cookies may be the reason, http://www.furins.com/catering_desserts.html.
Author: DAD

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House Committee Passes Student Loan Bill

The House Education and Labor committee voted 30-16 on Wednesday to pass H.R. 2669, the College Cost Reduction Act. The bill will reduce federal subsidies to college loan lenders by $19 billion over five years and transfer $18 billion of the savings to financial aid programs geared toward making college more affordable to students. It would direct $750 million in savings to deficit reduction, as required by the Fiscal Year 2008 budget resolution’s reconciliation instructions. This is the latest in a series of actions regarding student loans and college affordability, though it remains unclear whether the bill signals more momentum for eventual reauthorization of the Higher Education Act, which Congress just extended last week to run through October 1st.

The House Education and Labor committee voted 30-16 on Wednesday to pass H.R. 2669, the College Cost Reduction Act. The bill will reduce federal subsidies to college loan lenders by $19 billion over five years and transfer $18 billion of the savings to financial aid programs geared toward making college more affordable to students. It would direct $750 million in savings to deficit reduction, as required by the Fiscal Year 2008 budget resolution’s reconciliation instructions. This is the latest in a series of actions regarding student loans and college affordability, though it remains unclear whether the bill signals more momentum for eventual reauthorization of the Higher Education Act, which Congress just extended last week to run through October 1st.
While the bill attempts to help students and graduates, the bill also aims to help students by enforcing changes on the very institutions they attend. The legislation requires significantly more reporting by colleges about their prices and their performance, including data on completion rates and faculty/student ratios. The bill also puts in place a series of steps institutions would have to go through if they increase tuition significantly, along with some provisions aimed at discouraging such increases. Universities have consistently opposed this provision, claiming that “price controls” always prove to be poor public policy.
Another opponent to the legislation, the student loan industry, claims that the new bill will almost immediately make higher education less affordable for middle and low class families. The proposed cuts to lender subsidies will be passed onto the families in the form of increased loan costs. Another possible consequence is that with loans being unprofitable for a majority of lenders, many private companies will simply leave the student lending field, lowering options and competition, which is usually a driving force behind lowering costs.
Although the bill obviously garnered some bipartisan support, Republicans argued that the bill, which spends $5 billion to increase the maximum Pell Grant by $500 over five years, shortchanges needy students. They proposed, somewhat uncharacteristically, to double the Democrats’ increase on Pell grants. The majority of the increased spending in the Democrats’ bill goes towards cutting student loan interest rates. Rep. Howard “Buck” McKeon (R-CA), the ranking Republican on the committee, suggested that the Republican proposal is more in line with the Democrats’ stated aims of helping students than their own proposal, which focuses much of its attention on cutting loan payments for borrowers after they’ve left college, rather the helping current students pay of college. McKeon used the same argument when Congress passed H.R. 5, which cut student loan interest rates, earlier this session.
However, the biggest Republican opposition centered on the fact that the spending increases are set to come in the form of mandatory spending, rather than the traditional discretionary spending reserved for these types of programs. Republicans argue that Democrats are simply creating new entitlements that help college graduates, rather than shifting discretionary priorities to help current students.
Overall, the bill will:
• Increase the maximum Pell Grant to $5,200 by 2001-12 (at a cost of $5 billion).
• Cut the interest rate on federally subsidized student loans in half, to 3.4 percent, by 2012-13. (Total cost: $6 billion.)
• Institute a system of “income-based repayment” for borrowers, in which their student loan payments would be capped at a manageable percentage of their income and their debt canceled after 20 years of repayment.
• Raise the amount that working students can earn — through the “income protection allowance” — without reducing their financial aid awards.
• Lift the annual and aggregate limits on how much individual students can borrow from the federal loan programs, with the goal of reducing borrowers’ dependence on private (and typically more expensive) loans.
• Forgive up to $5,000 in loans, and otherwise easing the loan repayment burden, for students who enter public service fields and fulfill other national needs.
• Create a new grant program for students who are planning to be teachers.
• Create a new program ($500 million over five years) for institutions that serve large numbers of Hispanic, American Indian and other minority students. This new provision, added to the legislation very late in the game, just before committee members voted on it, would allow for the provision of funds to “predominantly black” institutions — those that meet a variety of standards, including having at least 40 percent of their enrolled students be black.
Resources:
Doug Lederman, “The Competition to Aid Students,” Inside Higher Ed, June 14, 2007.
Patti Mohr, “Panel Advances Student Loan Reforms,” Education Daily, June 15, 2007.
Author: SAS

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Reading First Politics

Last week, the House Appropriations Labor-HHS-Education Subcommittee marked up their fiscal year 2008 (FY08) spending bill. The bill provides $152 billion for Labor-HHS-Education, exceeding the President’s proposal by $20 billion. It appropriates $61.7 billion for education, $5.9 billion more than the White House requested. The Reading First program, however, was cut to $400 million, down $629 million from the previous fiscal year. Appropriations Chairman David Obey (D-WI) promised not to replace the spending cuts until the U.S. Department of Education (ED) answers for mismanagement of the program.

Last week, the House Appropriations Labor-HHS-Education Subcommittee marked up their fiscal year 2008 (FY08) spending bill. The bill provides $152 billion for Labor-HHS-Education, exceeding the President’s proposal by $20 billion. It appropriates $61.7 billion for education, $5.9 billion more than the White House requested. The Reading First program, however, was cut to $400 million, down $629 million from the previous fiscal year. Appropriations Chairman David Obey (D-WI) promised not to replace the spending cuts until the U.S. Department of Education (ED) answers for mismanagement of the program.
This week, Secretary Spellings sent a letter to Chairman Obey reminding him that the states are the victims of the cut. Spellings pointed out that Wisconsin would lose more than $8.5 million in grants for Reading First, grants that have proven to be very successful in his home state. Chairman Obey has not formally responded, but staffers insist that ED has to demonstrate better management of the program.
The appropriations process, of course, still has a long way to go. The Full Committee on Appropriations has yet to markup the bill and the Senate will begin their appropriations process soon after the House completes its work on the bill. This grants a lot of time for political statements, which is what many believe the House subcommittee funding cut represents.
Resources:
Committee on Appropriations, Subcommittee on Labor, Health and Human Services, Education, and Related Agencies, http://appropriations.house.gov/Subcommittees/sub_lhhse.shtml
Author: DAD

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Call for Changes to FERPA and HIPAA in Wake of Virginia Tech Shootings

A federal report on the Virginia Tech shootings considers the misunderstanding of federal and state privacy laws to be a “substantial obstacle” to the information sharing needed to protect students. “Throughout our meetings and in every breakout session, we heard differing interpretations and confusion about legal restrictions on the ability to share information about a person who may be a threat to self or to others,” states the Report to the President on Issues Raised by the Virginia Tech Tragedy, released Wednesday, June 13th, and compiled by the U.S. Departments of Education, Health and Human Services and Justice. Fears of violating state privacy laws, statutes designed to prevent discrimination of people with mental illness — and, of course, the federal Health Insurance Portability Accountability Act (HIPAA) Privacy Rule and the Family Educational Rights and Privacy Act (FERPA) — can serve to “chill legitimate information sharing,” the report reads.

A federal report on the Virginia Tech shootings considers the misunderstanding of federal and state privacy laws to be a “substantial obstacle” to the information sharing needed to protect students. “Throughout our meetings and in every breakout session, we heard differing interpretations and confusion about legal restrictions on the ability to share information about a person who may be a threat to self or to others,” states the Report to the President on Issues Raised by the Virginia Tech Tragedy, released Wednesday, June 13th, and compiled by the U.S. Departments of Education, Health and Human Services and Justice. Fears of violating state privacy laws, statutes designed to prevent discrimination of people with mental illness — and, of course, the federal Health Insurance Portability Accountability Act (HIPAA) Privacy Rule and the Family Educational Rights and Privacy Act (FERPA) — can serve to “chill legitimate information sharing,” the report reads.
“It was almost universally observed that these fears and misunderstandings likely limit the transfer of information in more significant ways than is required by law,” the report says. “Amen,” Sheldon E. Steinbach, a lawyer in the higher education practice at the Washington firm Dow Lohnes, said Wednesday. “That may actually be an understatement. Excessive paranoia about compliance with FERPA and HIPAA greatly impedes essential communications on campus that would provide for greater safety for students, employees and the entire college community.”
“There was an immediate hue and cry after Virginia Tech to change the privacy laws,” added Jennifer Mathis, deputy legal director for the Judge David L. Bazelon Center for Mental Health Law. “I think that there was a lack of understanding of the [emergency] exceptions that already exist.”
The perceived constraints on information sharing have been major points of concern since the April 16 shootings, with a Virginia panel appointed by Gov. Tim Kaine fixating on the tension between privacy and protection at a day-long meeting at George Mason University Monday.
The federal study, based on feedback from meetings between federal delegations and state, local, mental health, education and law enforcement leaders from across the nation, finds that while participants in the meetings were aware of both HIPAA and FERPA, “there was significant misunderstanding.” For instance, in some discussions, “participants reported circumstances in which they incorrectly believed that they were subject to liability or foreclosed from sharing information under federal law.”
In response, the report recommends that federal agencies develop and widely disseminate additional guidance clarifying how information can legally be shared — including with parents — under HIPAA and FERPA. “In addition, the U.S. Departments of Education and Health and Human Services should consider whether further actions are needed to balance more appropriately the interests of safety, privacy, and treatment implicated by FERPA and HIPAA,” the report states.
Source: Inside Higher Ed, June 14, 2007, Elizabeth Redden, available at http://insidehighered.com/news/2007/06/14/vt
Author: CWP

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Agriculture Subcommittee Marks Up Nutrition Title of Farm Bill

On Thursday, the House Agriculture Subcommittee on Operations, Oversight, Nutrition and Forestry held their markup for the 2007 Farm Bill. Regarding the Fresh Fruit and Vegetable (FFV) Program for School Lunch programs, the bill provides a contingent expansion of the program. According to the bill, if $100,000,000 in offset funding become available to the reserve fund, and if that funding is specifically and exclusively dedicated to increasing funding for the FFV, then the program would expand to 50 elementary or secondary schools in each state and any additional schools in each state would be added in proportion to the student population of the state. According to committee staff, Chairman Collin Peterson (D-MN) is working hard to secure the funding before the bill goes to the House floor.

On Thursday, the House Agriculture Subcommittee on Operations, Oversight, Nutrition and Forestry held their markup for the 2007 Farm Bill. Regarding the Fresh Fruit and Vegetable (FFV) Program for School Lunch programs, the bill provides a contingent expansion of the program. According to the bill, if $100,000,000 in offset funding become available to the reserve fund, and if that funding is specifically and exclusively dedicated to increasing funding for the FFV, then the program would expand to 50 elementary or secondary schools in each state and any additional schools in each state would be added in proportion to the student population of the state. According to committee staff, Chairman Collin Peterson (D-MN) is working hard to secure the funding before the bill goes to the House floor.
The full committee markup is scheduled to take place the week of June 25, and we will continue to monitor its progress through the committee.
Resources:
House Committee on Agriculture, http://agriculture.house.gov/index.shtml
Author: DAD, SAS

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Appropriation Deadlines Fall Back

Last Thursday, the House Appropriations Committee Chairman David Obey (D-WI) postponed the full committee markup of the Labor-HHS-Education appropriations bill. House Majority Leader Steny Hoyer (D-MD) has repeatedly stated his intention to have all 12 spending bills for fiscal year 2008 (FY08) finished before the July 4th recess, but the standoff between Democrats and Republicans over earmarks may undermine this ambition. As of Friday, the committee has scheduled the markup for next month, which may push the entire appropriations cycle back into late fall.

Last Thursday, the House Appropriations Committee Chairman David Obey (D-WI) postponed the full committee markup of the Labor-HHS-Education appropriations bill. House Majority Leader Steny Hoyer (D-MD) has repeatedly stated his intention to have all 12 spending bills for fiscal year 2008 (FY08) finished before the July 4th recess, but the standoff between Democrats and Republicans over earmarks may undermine this ambition. As of Friday, the committee has scheduled the markup for next month, which may push the entire appropriations cycle back into late fall.
This week, the House brought the Homeland Security appropriations bill to the floor for passage. Chairman Obey planned to enter earmarks, along with their sponsor’s names, into the conference report after the floor debate. This caused uproar among the Republicans, who claimed that this process defied the promise of greater transparency that Democrats made during the 2006 midterm elections. Chairman Obey responded that the House only opted for this option because Republican leaders complained that they lacked sufficient time and instruction regarding the earmark deadlines for the various bills. The Chairman, then, changed the procedure and delayed the full committee markup for the Labor-HHS-Education bill in order to give appropriators more time to insert their earmarks into the bill before it comes to the House floor for final passage.
Solving the earmark problem causes the Democrats greater scheduling problems. During the 2006 elections, Democrats pointed to the Republican’s inability to pass all 12 appropriations bills on time as an example of poor leadership. If they controlled Congress, claimed the Democrats, their leadership would pass and enact all FY08 spending bills before the October 1st deadline. This earmark delay now jeopardizes that promise.
But timing is not the Chairman’s only problem. The Bush Administration has been very vocal about their intention to veto any appropriation legislation that is over the President’s initial request. Recent White House statements signal that Bush is willing to sign Defense and Homeland Security bills that exceed his requests, but that means that he will be less likely to sign a domestic bills that further exceeds his FY08 request. House Republicans recently released a letter showing they have 147 Congressmen signed on to sustain any Presidential veto (only 145 votes are required).
As such, the Democrats have three options. The first option is to cut spending in the various spending bills. Since the Labor-HHS-Education bill is the single largest domestic spending bill, it is a likely target for cuts. The second option is to spend energy converting some of the Republicans who signed onto the veto letter. If the Democratic leadership can secure 290 votes, they can override the veto and that show of force could persuade the President to change his strategy. The third, and most likely option, is to combine spending bills into omnibus packages. If the Labor-HHS-Education bill is, for example, attached to defense funding, then the President is less likely to veto it. Now that Democratic leaders have postponed the markup, appropriators will have more time to figure out the most effective path to take.
Author: SAS/DAD

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