Congress Passes New Supplemental Appropriations Bill

On Thursday, Congress passed another emergency supplemental appropriations bill (ES) for spending in Iraq, Afghanistan, and numerous domestic projects. The current ES, H.R. 2206, does not contain the binding withdrawal language of the version that President Bush vetoed, but it still contains about $20 billion more then the President’s request, funding various domestic programs. The Senate passed the $120 billion ES last night, by a vote of 80-14. The House Democratic leaders decided to split the ES vote up by two amendments. One amendment focused solely on the $22.2 billion in domestic spending, which passed 348-73. The other amendment, which contained funding for military operations in Iraq, Afghanistan, and other areas, passed by a vote of 280-142, with 140 Democrats and 2 Republicans voting in opposition.

Similar to the first ES, H.R. 2206 contains $425 million for a one-year extension of the Secure Rural Schools (SRS) Act. The SRS program allocates funds to support more than 4,400 rural schools and to help maintain county road systems. The program expired in 2006, and many rural schools have operated with massive budget cuts, or have shut down altogether, due to the loss of funds. When the first ES, H.R. 1591, passed through the Senate in April, it contained an amendment that provided $5 billion for a five-year reauthorization of the program. That amendment did not make it into the conference report for H.R. 1591, and neither chamber made any significant push to add it to H.R. 2206.
The vote is considered a defeat for the new Democratic Congress because the Senate Democratic leadership could not establish enough bipartisan support to override Bush’s veto on troop withdrawal. Democratic leaders have vowed to continue the debate on the war in Iraq, but for now the President is getting his money with no stings attached.
Resources:
Liriel Higa and Josh Rogin, “Democrats Vow to Fight Another Day on Iraq,” CQ Today, May 24, 2007.
Author: SAS

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New Rulemaking on Direct Grants

On Thursday, the U.S. Department of Education (ED) released a notice of proposed rulemaking (NPRM) regarding the determination and recovery of indirect costs in direct grant programs. The proposed regulations would amend sections 75.560 (dealing with temporary indirect cost rates), 75.562 (dealing with indirect costs in training grants) and 75.564 (dealing with group awards under training grants) of the Education Department General Administration Regulations (EDGAR).

Temporary indirect cost rates: Under current regulations, grantees must have negotiated indirect cost plans in place in order to charge indirect costs to federal grants. ED has the authority to approve a temporary rate for grantees who do not have existing indirect cost plans in place; however, as a practical matter this is rare. The proposed regulations would make it easier to obtain a temporary rate.
Under the proposed rule, grantees must submit indirect cost plans to their cognizant agencies (the agency responsible for approving indirect cost plans) within ninety days after receiving a direct grant from ED. During that time, ED can authorize the grantee to charge a temporary rate of 10% of the direct salaries and wages included in the grantee’s approved budget. If the grantee submits a plan to its cognizant agency within the first ninety days of the grant award, then it may continue to use the temporary rate until the plan is approved. If the grantee does not submit a plan to its cognizant agency by the ninetieth day, the temporary rate expires and the grantee must discontinue charging indirect costs to the grant.
Once a final rate is approved, the grantee must make adjustments to ensure its total recovery does not exceed the approved rate.
Training grants: Part 75 of EDGAR provides special rules for indirect costs in educational training grants. Training grants generally support instructional activities such as summer institutes, training programs for selected participants, or the introduction of new or expanded courses, as opposed to activities simply related to the development or dissemination of educational materials. Grantees under training grants may recover their actual indirect costs (as determined under a negotiated indirect cost plan); however, the recovery of non-governmental grantees is capped at eight percent.
Indirect cost plans generally determine the ratio of a pool of indirect costs (numerator) to a base of direct costs (denominator). The base consists of “modified total direct costs.” Current regulations define modified total direct costs as all total direct costs minus stipends, tuition and related fees, and capital expenditures of $5,000 or more. The proposed regulations would remove the reference to “capital expenditures of $5,000 or more” and replace it with “equipment.” They would also clarify that any amount of a sub-award exceeding $25,000 must be excluded from the base as well.
The NPRM addresses two somewhat controversial issues. Regarding equipment, ED’s Office of the Chief Financial Officer (OCFO) has been somewhat inconsistent in how it treats items purchased with federal funds. EDGAR defines equipment as all tangible personal property with a useful life of more than one year and an acquisition cost of $5,000 or more unless the state sets a lower threshold. EDGAR then requires grantees and subgrantees to track equipment as part of an inventory management system. Notwithstanding EDGAR’s clear definition of equipment, OCFO monitors have cited state and local education agencies for failing to track items below the $5,000 threshold – items that legally constitute supplies and do not need to be tracked. At the same time, the preamble to the proposed indirect cost regulations make clear the OCFO will follow the EDGAR definition for purposes of indirect costs. Thus, the OCFO seems to apply different criteria for “equipment” in different contexts.
Regarding sub-awards of more than $25,000, OMB Circular A-87 requires state and local education agencies to exclude “major” contracts from their indirect cost calculations. Neither A-87 nor EDGAR currently defines what constitutes a “major” contract; however, OMB Circulars A-21 and A-122 do set the threshold at $25,000. In order to be consistent, federal agencies have generally agreed that a major contract is a contract exceeding $25,000. The proposed regulations would finally clarify this rule in the context of direct training grants. It is important to note, however, that ED applies the same limitations in state-administered programs as well.
Group Grants: The proposed regulations would clarify that when a training grant is provided to a group of eligible recipients, the grant funds allocated between group members do not constitute sub-awards for purposes of calculating and applying indirect cost rates.
Interested parties can comment through June 25, 2007.
Author: SLK

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NAEP History and Civics Scores Rise

On Wednesday, the National Center for Education Statistics (NCES) released data from the 2006 U.S. History and U.S. Civics National Assessment of Educational Progress (NAEP) in grades 4, 8, and 12. History scores rose in all three grade levels, but civics scores rose only among 4th graders. This is good news for Secretary Margaret Spellings and the U.S. Department of Education (ED), who are constantly defending the No Child Left Behind (NCLB) requirements for math and science, when critics claim the focus is taking away from other subjects, like history and social studies.

“While critics may argue that NCLB leads educators to narrow their curriculum focus, the fact is, when students know how to read and comprehend, they apply these skills to other subjects like history and civics, and the result is greater academic gains,” Spellings said. The rise in U.S. History scores is important for ED, especially at the 12th grade level, where students are consistently testing at flat or declining levels on math and science. While Spellings may be able to use this data to deflect criticism of NCLB’s math and science focus, the debate is far from over.

On the U.S. History test:

· 70% of 4th graders performed at the basic level or better, meaning some of them scored at proficient or advanced levels. That is up from about 66% in 2001. 4th graders who can work at the basic level should understand the symbolism of the Statue of Liberty, for example.

· Among 8th graders, 65% performed at the basic level or better, up from 62% in 2001. 8th graders working at that level can typically identify slave states on a map.

· While there has been an increase in 12th-grade history scores — a rare occurrence on National Assessment of Educational Progress tests — the results are still not seen as great news. Just 47% know at least basic-level history, up from 43% in 2001. Seniors working at the basic level should be able to explain the historical context of Supreme Court decisions.

· There was no change in the percentage of students performing at or above the "proficient" level, at any grade level. About 20% reached that mark in the 4th and 8th grades, as did 14% of high school seniors.

In U.S. Civics:

· 73% of 4th graders performed at the basic level or higher — up from 69% in 1998. 4th graders working at the basic level know that only citizens can vote in the United States.

· 70% of 8th graders could do basic work or better in civics — the same percentage as in 1998. 8th graders demonstrating basic knowledge should be able to identify the term limit for the president.

· 66% of 12th graders scored at the basic level or higher, also the same as the 1998 results. A student whose performance falls in that category should be able to identify a leadership position in Congress.

· About a quarter of 4th and 8th graders rated "proficient" or better, and almost a third of seniors did.

You can view both NAEP reports at http://nces.ed.gov/nationsreportcard/.

Resources:
Sam Dillon, “Students Gain Only Marginally on Test of U.S. History,” New York Times, May 17, 2007.
Stephen Sawchuk, “NAEP History Scores Rise in 3 Grades,” Education Daily, May 17, 2007.
Author: SAS

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House Subcommittee Hearing on Teacher Preparedness

On Thursday, the House Education and Labor Subcommittee on Higher Education, Lifelong Learning and Competitiveness held a hearing on preparing teachers for the classroom. The subcommittee discussed proposals for efficiently using Title II funds to ensure adequate instruction and preparation for those going into the teaching field. The discussion included Title II funding under both No Child left Behind (NCLB) and the Higher Education Act (HEA). With both pieces of legislation slated for reauthorization this year, the education community has the opportunity to amend the provisions under both national programs.

Subcommittee Chairman Ruben Hinojosa (D-TX) opened the hearing by stressing the importance of having effective teachers in public elementary and secondary schools. The process for ensuring effectiveness, Hinojosa conceded, begins with the college and university programs that educate those teachers. The first step, as always seems to be the case, is highlighting the failures of the system. Chairman Hinojosa pointed out that the National Center for Education Statistics’ (NCES) 1999-2000 Schools and Staffing Survey shows that 41.2% of teachers in the country had limited English proficient (LEP) students in their classrooms, yet most are not trained to teach these students. According to the report, only 12.5% of teachers had more than 8 hours of training in how to teach these students.

Together, NCLB and HEA put about $3.6 billion into Title II programs annually, $3 billion under NCLB and $60 million under HEA. The witness testimony at the hearing centered on how to adequately funnel those funds to improve teacher quality. Witnesses at the hearing, representing organizations such as the American Association of Colleges for Teacher Education, Region One Education Service Center, the Carnegie Corporation, and National Center for Alternative Certification, suggested that the reauthorized laws should authorize funding for:

· Better state data systems, which would be designed to track teachers from their preparation programs into schools;

· Stronger clinical fieldwork experiences, especially in high-need urban school districts;

· Professional development programs tied to specific state standards and curricula;

· Sustained induction programs for new teachers; and

· Performance-based assessments for teachers that include components requiring teachers to reflect upon and change their practices.

All of the suggested reforms attempt to gear the nation’s public education towards more effective teachers instructing the neediest students in elementary and secondary public schools. However, the discussion on Thursday focused more on educating current and future teachers, and did little to address ways to entice already effective teachers to high-need districts. Rep. Susan Davis (D-CA) seemed to be the only subcommittee members to address the issue as a top priority, but was unable to generate more discussion before the subcommittee adjourned. While the hearing is only a preliminary step towards ensuring teacher quality, it is likely the beginning of a controversial debate on ways of measuring teacher effectiveness, a prime concern for NCLB reauthorization.

Resources:
Stephen Sawchuk, “Subcommittee Puts Title II Funds Under Microscope,” Education Daily, May 18, 2007.
Author: SAS

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NCLB: Week In Review

Congress was busy with No Child Left Behind (NCLB) this week. Secretary Spellings sought to distinguish the reauthorization from the Congressional investigations into Reading First and the student loan scandals, the Chairman of the House Committee on Education and Labor hosted other members of Congress for a hearing on the reauthorization and bills were introduced that may have a good chance of working their way into reauthorization language. To be sure, the reauthorization momentum grew this week, even if it remains somewhat disjunctive.

Secretary Spellings is very eager to get the process underway in order to complete reauthorization while President Bush is still in office. One day after the contentious oversight hearings on Reading First and student loans, Spellings sent a cordial letter to the House and Senate education committee chairmen and ranking members asking them to make a distinction between their oversight activities and their reauthorization duties, and to discuss the reauthorization over lunch. She wrote:

I acknowledge your committee’s oversight function. I look forward to answering your questions and those of other members, and to meeting with any members who would like to discuss these matters in further detail. […] I am hopeful that the pursuit of oversight will not delay moving forward legislatively on these two important laws. [….]

I believe the coming weeks afford us the opportunity to collaborate to strengthen NCLB and the HEA. So that we may best prepare for this essential work, I offer to convene, at the earliest opportunity, a working luncheon with you and your staff. Together, we can make progress that will benefit America’s students, parents and taxpayers.

While Spellings warm outreach is welcomed, it does not make the work of the chairmen any easier. They must still negotiate the law’s many technical sections and secure political consensus around the changes. The work around Title I’s accountability sections will be the most contentious and this week’s represen­tatives-only hearing in the House Committee on Education and Labor made that clear.

On Wednesday, members of the House Education and Labor Committee held a bipartisan meeting to hear recommendations from other members of Congress on ways to improve the NCLB. Twenty-five members of the House presented their opinions of the law that covered a wide range of topics, mostly regarding Title I accountability. Most supported growth models, but the meaning of a growth model remained uncertain. Most wanted more flexibility for the assessment of limited English proficient (LEP) students and students with disabilities, but details were sparse. Many felt that the law is too punitive and expressed concerns about expanding the law’s testing provisions. There were so many varying opinions, in fact, that Education Daily described the task of reauthorization as follows: “If the House education committee’s representatives only hearing is any indication, NCLB reauthorization could be a cat-herding contest at best.”

While consensus on many Title I issues remains complicated, there is emerging clarity around Title II. Chairman Miller is a strong supporter of the existing highly qualified teacher requirements and, for years, he has been trying to supplement them with his Teacher Excellence for All Children (TEACH) Act, which he introduced last week. The bill, H.R. 2204, would provide $3.4 billion to improve recruitment, preparation, distribution and retention of public elementary and secondary school teachers and principals. The Washington NCLB intelligentsia believe that the Chairman will fold this bill into a new Title II bill, while retaining many of its existing requirements and allowing for more credentialing flexibility using the High Objective Uniform State Standard of Evaluation (HOUSSE).

This week also provided hope, if not clarity, for Title II (D), the Enhancing Education Through Technology Program (EETT). Under Republican leadership the program has program has fallen from an investment of $700 million to the current $273 million level of funding, but education appropriations chairmen Senator Tom Harkin (D-IA) and Representative Obey (D-WI) are considering more funding for the program in fiscal year 2008. Advocates would like to see funding restored to the 2002 level of $700 million, but the chairmen have yet to subject the request to the give-and-take politics of appropriations negotiations. In addition to more funding for FY08, Congresswoman Lucille Roybal-Allard (D-CA) is expected to introduce a revamped Title II(D), titled Achievement Thorough Technology and Innovation (ATTAIN). The proposal improves on EETT, including a better acronym, by authorizing $1 billion for fiscal year 2008, of which 40% would go towards rigorous and ongoing professional development and 60% would go towards professional development or technology tools. The bill gives priority to schools in school improvement status with large populations of LEP students or students with disabilities. It would also promote technology literacy by creating a definition of student technology literacy and requiring that states assess technology literacy by the 8^th grade. The bill’s advocates report that the proposal has been very well received and that its language stands a good chance of being incorporated into the reauthorized NCLB Title II (D).

Finally, this week also saw the introduction of a bill that could influence community and parental participation in reauthorization. On Tuesday, Representative Steny Hoyer (D-MD) introduced H.R. 2323, the Full-Service Community Schools Act of 2007, a bill to award grants for the support of full-service community schools, which are defined as schools that participate in a community-based effort to coordinate educational, developmental, family, health, and other comprehensive services through community-based organizations and public and private partnerships and that provide access for students, families, and the community to such services. The bill would authorize $200 million for FY2008, of which 20 percent would go to state educational agencies that collaborate with at least two other state agencies for purposes of planning, coordinating and expanding full-service community schools. Five percent would go to technical assistance, training, data collection and evaluation. Daniel Cardinali, the President of Communities In Schools, Inc. and an architect of the bill, considers it a complement to the law’s current parental involvement requirements and hopes that it will make it as a stand-alone bill or become a part of the reauthorized NCLB. But its fate, he acknowledged, lies with the chairmen of the education committees and the politics of reauthorization ahead.

Resources:
“Secretary Spellings Invites House and Senate Education to Convene on No Child Left Behind,” US Department of Education, Press Release, http://www.ed.gov/print/news/pressreleases/2007/05/05112007a.html
Sarah Sparks, “House cires Usual Suspects for Reauthorization,” Education Daily, May 18, 2007.
David Hoff, “Miller Signals Openness to ‘Substantial Changes' to NCLB in Reauthorization,” Education Week, May 17, 2007.
“Education and Labor Committee Hears from Members of Congress on Ways to Improve No Child Left Behind,” House Committee on Education and Labor, Press Release, May 16, 2007, http://www.house.gov/apps/list/speech/edlabor_dem/RelMay16NCLB.html
Coalition for Community Schools, http://communityschools.org/HOyerleg.html
Author: DAD

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ED Proposes New Migrant Education Program Regulations

The U.S. Department of Education (ED) recently published its proposed amendments to the Migrant Education Program (MEP) regulations in the Federal Register. The proposed changes were motivated, in large part, by the results of OIG audits and investigations of several states’ MEP programs over the past year that found significant errors in state counts of children eligible for the program. Because MEP allocations are based on state counts of eligible children relative to other states, ensuring accurate and consistent determinations of student eligibility under the program across the states is very important to ED.

The proposed regulations aim to improve accurate and consistent state counts in several ways. First, the proposed regulations clarify and expand upon the definitions governing who is a “migratory child.” For example, the proposal includes changing the definitions for “agricultural work” and “fishing work” to clarify that they do not include activities that may be related to agriculture or fishing but are not inherently agricultural or fishing work. To highlight this distinction, ED provides an example explaining why factory work processing wheat into flour would not qualify as “agricultural work.” Several similar definition clarifications are made in an attempt to better detail MEP eligibility requirements.

Second, the regulations establish a mechanism to adjust the base amounts of the MEP basic state formula grant allocations for FY 2006 and subsequent years. In addition to adjusting the base amounts for state formula grant allocations, the proposed regulations establish requirements for SEAs to develop and implement rigorous quality control procedures in order to improve the accuracy of MEP eligibility determinations and state counts of eligible migratory children. This includes a new requirement for SEAs of annual re-interviewing for improved quality control. Under the proposed regulations, states generally will be required to use a face-to-face approach to conduct these annual interviews.

Comments on the proposed regulations must be received by June 18, 2007. The proposed regulations can be found on ED’s website at http://www.ed.gov/legislation/FedRegister/proprule/2007-2/050407a.html.

Author: JSM

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Congress Passes Budget Resolution

On Thursday, both the House and the Senate passed the conference report on S Con Res 21, the budget resolution for fiscal year 2008 (FY08). The final resolution caps discretionary spending for FY08 at $954.1 billion. Just after the House passed the budget resolution by a vote of 214-209, the Senate voted 52-40 in favor of the conference report. Now that both chambers have passed the resolution, the House Appropriations subcommittees can begin work on the FY08 spending bills. However, the close margins on both votes suggest that Democrats should not expect too much cooperation from Republican appropriators.

Under the discretionary spending limit, the budget resolution sets the cap on education, training, employment, and social services at $85.7 billion. More specifically, the budget resolution increases the allowable education funding by $3.6 billion over the FY07 level, to $59.5 billion. The resolution also directs the two education committees to produce legislation by September 10 that would provide savings of $750 million over the next six years.

Now that the budget resolution is complete, House appropriators are ready to begin marking up the 12 spending bills for FY08. Although House Appropriations Chairman David Obey (D-WI) is starting a little behind schedule, he and House Majority Leader Steny Hoyer (D-MD) still plan to have all FY08 appropriations bills passed through the House before the July 4 recess. Chairman Obey plans to begin marking up the Labor-HHS-Appropriations bill sometime in the next few weeks. It is scheduled to be the third in line for passage on the House floor in sometime in June, which Rep. Hoyer has dubbed, “Appropriations Month.”

Although appropriators are set to begin their work, Republicans in both the House and Senate are less than eager to cooperate. Rep. Jerry Lewis (R-CA), the ranking member on the House Appropriations Committee, has stated his reluctance to cooperate with Democratic leaders after they chose to pass the FY07 Continuing Resolution under a closed rule, which did not allow for amendments from the minority party. With Republicans feeling uncooperative, Democrats are going to have to work hard to keep their own party on board, which, evidenced by the vote on the budget resolution, will not be an easy task.

On the Senate side, Appropriations Chairman Robert Byrd (D-WV) also faces Republican challenges. Seven Republican Senators (Sam Brownback of Kansas, Tom Coburn of Oklahoma, Elizabeth Dole of North Carolina, Orrin G. Hatch of Utah, John McCain of Arizona, Gordon H. Smith of Oregon and John E. Sununu of New Hampshire) did not cast a vote on final passage of the budget resolution. However, all Democrats and Independents, with the exception of Sen. Tim Johnson (D-SD), voted in favor of the conference report. Johnson, who is still recovering from a brain hemorrhage, has not cast a vote all year. The Democrats will be hoping for his return, because they have a long fight ahead of them in the FY08 appropriations cycle.

Resources:
Jonathan Allen, “Budget Debate Sets Up Fights to Come Over Domestic Spending, Tax Cuts,” CQ Today, May 17, 2007.
Jonathan Allen, “Congress Adopts $2.9 Trillion Fiscal 2008 Budget Resolution,” CQ Today, May 17, 2007.
Author: SAS

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Eduflack - Education Schools Project Coverage

There has been, I think, a direct relationship between Arthur Levines willingness to take on the schools of education and the success of the Harry Potter books. On the verge of the next in the series, Mr. Levine, once again, produces a new and critical study of the field. The folks over at Eduflack provide some nice coverage.

Eduflack: "America's teachers colleges are failing at effectively training a complete cadre of successful educators. That is news coming from a new study from the Education Schools Project, a effort headed by Art Levine. You can see a good write-up of the study in Education Week this week — http://www.edweek.org/ew/articles/2007/05/09/36levine.h26.html.

These are important conclusions, indeed. But are they news? For more than a decade, education researchers and education reformers alike have raised serious concerns about the quality and effectiveness of teacher training. That's one of the reasons NCLB's architects including HQT provisions in the law. And that's why so many are clamoring for a 'Flexner-style' study of our nation's teachers colleges. (Kudos to Nancy Grasmick for actually attempting to do it in Maryland)."

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