Legislative Update: May 2015

  • Members of the House left Washington, DC, today for next week’s district work period after passing an FY 2016 budget resolution that has been negotiated with the Senate. The resolution, which is a spending blueprint for the next fiscal year, was passed by a vote of 226-197, but not without some deal-making. House Budget Committee Chairman Tom Price (R-Ga.) had to sell all Republicans—Republicans with varying views on federal spending—on a single plan for federal spending next fiscal year. The plan they eventually bought includes more money for defense spending (appeasing Republican defense hawks), would balance the federal books in ten years without raising taxes (that sounds pretty good to fiscal conservatives, although they would have preferred the deeper cuts proposed in the House-passed budget resolution) and paves the way for an Obamacare repeal (other segments of the party like that). While House members are away next week, the Senate will take up the measure.  

    The budget resolution gives appropriators spending guidelines, so the would-be effects on education and other social programs will be apparent later in the annual spending process. And, the guidelines could change—the resolution isn’t binding. But, the news so far isn’t good. For so-called “non-defense discretionary (NDD) spending”—the clumsy phrase that includes education and other domestic spending—the plan maintains the FY 2016 sequester caps. Then, starting in FY 2017, the resolution cuts NDD funding each year through FY 2025 even more than required. In total, starting in FY 2017, the budget resolution would cut NDD spending by $496 billion over nine years (a 9.9% cut). That means new increases for education spending in FY 2016 are highly unlikely.

    To wit, the House approved its FY 2016 302(b) allocations this week—the amount of money each Appropriations subcommittee will get to spend on their respective programs. The Labor, Health and Human Services and Education (LHHS) subcommittee will get $153.050 billion, a cut of $3.7 billion (or 2.4 percent) below the current FY 2015 level. Appropriations Committee Chairman Hal Rogers (R-K.Y.), who has been calling for a change to the sequestration caps, said 
    of the panel’s work, “As we all know, we’re operating under a very constrained budget this year.” He has characterized the allocations as “fair and balanced.” 

    This week’s action on the budget sets the stage for battles with the White House later this year. Office of Management and Budget Director Shaun Donovan sent appropriators a letter last week that said spending cuts required by sequestration would put U.S. national security at risk and suggested that President Obama could issue veto threats for spending bills that cut too deeply. The LHHS bill is always one loaded with political fights, and this year shouldn’t be any different. The Republicans came in to the 114th Congress committed to a “regular order” process for spending this year—that will be a challenge. Behind the scenes, Senate staff are preparing for floor debate of the Every Child Achieves Act. While the bill isn’t scheduled to be on the floor for a few weeks, Majority Leader Mitch McConnell (R-K.Y.) wants the reauthorization of the Elementary and Secondary Education Act (ESEA) to be ready for action if any of the other bills expected to be on the floor run into trouble. Clearly, everyone on Capitol Hill needs to be prepared for multiple scenarios these days. 

    PANEL APPLIES “MONEYBALL” TO EDUCATION POLICY 
    On Monday, Results for America hosted an event, “Moneyball for Education: Bipartisan Approaches to Improving Student Outcomes by Investing in What Works.” The event, led by Bethany Little, a consultant for Results for America and former Democratic Congressional staffer, and moderated by Frederick Hess, director of education policy at the American Enterprise Institute (AEI), was not at all partisan in nature. Little discussed education policy recommendations based on Moneyball principles—data and evidence—that were developed by AEI and Results for America. These recommendations include developing solid, trusted metrics to improve federal programs; devoting a portion of funds to evaluating programs and building states’ and local decision makers’ capacity to learn what works; making education programs more evidence-based; exploring innovative approaches to boosting program outcomes and performance; and allowing pilot projects that emphasize data-driven, evidence-based continuous improvement. Little emphasized that for these recommendations to be effective, outcomes must be clear at the onset of a program, the limits of measurement must be recognized and barriers that stifle Moneyball strategies must be removed. Emma Vadehra, chief of staff to U.S. Secretary of Education Arne Duncan, agreed with these principles and remarked that the federal government should ensure it is spending tax payer money as wisely as possible.  She cautioned, however, that the cost of technical assistance and other non-program costs merit investment even though they do not fit into the “Moneyball” parameters.

    AAAS HOLDS BRIEFING ON INVESTING IN BASIC RESEARCH 
    On Monday, the American Association for the Advancement of Science (AAAS), the Association of American Universities (AAU) and the Association of Public and Land-Grant Universities (APLU) co-sponsored an event to release a new report by the Massachusetts Institute of Technology (MIT), “The Future Postponed: Why Declining Investment in Basic Research Threatens a U.S. Innovation Deficit.” The report explains—through a compilation of stories in various fields of science—how decreased federal funding in basic research limits scientific development and employment opportunities for students; threatens the Unites States’ national defense; confines innovation; and diminishes America’s global competitiveness. In opening remarks, former Congressman Rush Holt, who is now CEO of AAAS, shared his frustration with his former colleagues in Congress that “enjoy the fruits of basic scientific research and discoveries but have a mystification of how the science process works in order to yield such positive benefits in our everyday lives.” Katrine Bosley, CEO of Editas Medicine, discussed the advancements in genetic science and medicine due to federal funding for basic research to study bacteria immune systems in the late 1990s that found the CRISPR/Cas 9 sequence that is now applied to advanced genetic research to alter and fix broken genes of varied species. All of the panelists agreed that federal funding for basic research is essential for economic growth, global competitiveness, sustainability for the next generation of scientists and a good financial investment—because basic research is often less costly and produces findings that can be applied to many fields of study whereas special funding for a specific research initiative tends to be more costly and takes more time to produce the desired results.

    CAP HOSTS DISCUSSION ON TEACHER LEADERSHIP AND THE COMMON CORE 
    On Tuesday, The Center for American Progress (CAP) hosted an event, “Teacher Leadership: The Pathway to Common Core Success.” Randi Weingarten, president of the American Federation of Teachers, spoke about the importance of collaboration and building trust amongst teachers and administrators in order to make the most of the Common Core State Standards (CCSS). She insisted that schools must have a plan of action, developed by teachers and administrators, for implementing the CCSS and reviewing teaching methods. Weingarten also noted that best practices must be shared across the country, allowing schools to tailor practices to fit the needs of their students. In a panel discussion, Thy Dinh, a teacher leader at Poway Unified School District in San Diego, CA, asserted that teachers need to have an active role in developing curricula and instructional material. She explained that teachers should learn from their peers, work together to build lesson plans that focus on how a student is learning—not just on what a student is learning—and take time to reflect on, and improve, their lessons. Greg Anrig, vice president of policy and programs at the Century Foundation, agreed with Dinh, and emphasized the importance of collaboration amongst teachers. He asserted that teachers should continuously collaborate through discussing and observing the teaching methods of their peers. Jerry O’Shea, assistant superintendent for instruction of Marquardt School District 15 in Glendale Height, IL, stressed the need for trust between teachers and administrators, and said that trust makes teachers more willing to take necessary and innovative risks to improve. He also said teachers must be given greater leadership roles at the school and district level. Districts should implement strategies that allow teachers time to step away from the classroom and be involved with school governance and professional development, while ensuring that they maintain their primary roles as educators. Katy Scherr, a teacher Leader in the Washoe County School District in Reno, NV, agreed with O’Shea and emphasized the importance of teacher-led professional development as well as aligning teacher and administrator goals to improve effective student learning.

    CEF HOSTS INVESTING IN EDUCATION ROUNDTABLE DISCUSSION 
    On Wednesday, the Committee for Education Funding (CEF) held a research briefing, “Education Matters: Investing in America’s Future,” to discuss how education investments are crucial to the juvenile justice, military, business, and health sectors. Lieutenant General Norman R. Seip of the U.S. Air Force (retired), and a member of the Executive Advisory Board for Mission: Readiness, asserted that the military’s best asset is the men and women willing to serve, and further stated that a successful military needs Americans who have graduated from high school, can pass the military entry exam, are physically prepared for military training and do not have a criminal record. Lt. General Seip noted that 70 percent of young Americans do not fit that basic criterion, which hurts the future of our national security. He argued for more federal investments in early childhood education which he believed would yield stronger graduation rates and deter youth from high-risk behavior. Ned McCulloch, global issues manager for skill development and education at IBM, noted that IBM currently has 3,000 job openings, but said there are not qualified candidates for those jobs because the country’s education system does not meet the needs of the country’s employers. Norris Dickard, director of Healthy Students Group in the Office of Elementary and Secondary Education at the U.S. Department of Education, argued that the health and well-being of students is directly connected to their academic success; physically active students with proper nutrition habits tend to be more engaged in school, absent less and improve their cognitive performance at greater rates. In return, those students tend to graduate and have better opportunities to receive health benefits, especially if they complete a postsecondary education, than their less healthy, and often less educated, peers, he said. Kay Chopard Cohen, executive director of the National District Attorney Association, spoke about the increasing number of incarcerated people each year and noted that the annual cost of taking care of an incarcerated person is double the amount it takes to educate a student. Cohen urged federal and state governments to invest more in educational programs that are proven to prevent at-risk youth from becoming part of the juvenile justice system, such as early childhood education, home visiting and afterschool programs.

    NAGB DISCUSSES STAGNANT RESULTS OF “THE NATION’S REPORT CARD” 
    On Wednesday, the National Assessment Governing Board (NAGB) held a webinar to discuss the results of their latest release, “The Nation’s Report Card: 2014 U.S. History, Geography, and Civics.” Panelist Peggy G. Carr, acting commissioner of the National Center for Education Statistics (NCES), shared report findings that the overall academic performance of eighth-graders in U.S. history, geography and civics has remained unchanged since 2010. Chasidy White, a teacher at Brookwood Middle School in Brookwood, AL, stated that 27 percent of eighth grade students performed at or above “proficient” in geography, 23 percent in civics, and only 18 percent in U.S. history. As a teacher, White argued that these low levels of proficiency reveal deeper implications of societal inequality, saying that students who do not have a firm grasp of basic civics—often poor or minority students—are less likely to become active members of society and participate in civic duties such as voting or running for local office. These subjects are “core academic subjects that must be a priority,” Terry Mazany, Chairman of NAGB explained in a press release. “They represent knowledge and skills that are fundamental to a healthy democracy. The lack of knowledge on the part of America’s students is unacceptable, and the lack of growth must be addressed. As a country, we must do better.” 
    For more information about the report findings, go to this link. 

    CEP DISCUSSES THE USE OF RESEARCH IN PUBLIC POLICY AND SCHOOLS 
    On Thursday, the Center on Education and Policy (CEP) held an event, “Making Research More Useful in Policy and in the Classroom.” Vivian Tseng, vice president of programs at the William T. Grant Foundation, began the event by framing the topic of educational research as a robust learning system that engages with the school community—not just disseminates data at a high level; analyzes the technical and social capacities of a school system; and builds an educational infrastructure that partners with outside entities, reduces barriers, builds capacity and allows for ongoing engagement and improvement. Kara Finnigan, associate professor of education policy at the University of Rochester, and Alan Daly, professor and Chair of the Department of Education Studies and the University of California, San Diego, gave a presentation on the value of research evidence in education. They asserted that for an educational system to effectively use research to improve practice, the school system needs to be dependent on building reciprocal relationships and trust. Daly noted that often schools of education are too focused on the number of research publications produced and school rankings instead of the outcomes of their research. Furthermore, he mentioned that school systems limit their effectiveness to measures of compliance instead of capacity building, in which both education systems fail to use the research process to its fullest extent. Thus, Finnigan and Daly came to the conclusion that research collaboration needs to be incentivized across all levels of government and systems of education that is mindful and intentional in order to implement, improve or expand robust learning systems. During the panel discussion, Faith Connolly, executive director of Baltimore Education Research Consortium, reinforced Tseng’s earlier point that disseminating research findings to school districts is not enough; true educational research depends on engagement and ongoing discussion. Carmel Martin, executive vice president for policy at the Center for American Progress, argued that the true disconnect in educational research is with the use of research data at the local level, specifically amongst teachers. She advocated for better teacher preparation programs and teacher professional development [retraining] at the district level as a solution to improve the use of research. Martin also noted that the federal and state governments have an important role to play by investing in teacher preparation programs and professional development to alleviate the pressure on school budgets.

    HOUSE SUBCOMMITTEE EXAMINES ACCESS AND COMPLETION IN COLLEGE 
    Yesterday, the House Education and the Workforce Subcommittee on Higher Education and Workforce Training held a hearing, “Improving College Access and Completion for Low-Income and First-Generation Students.” Chairwoman Virginia Foxx (R-NC) opened the hearing stating “Higher costs, a confusing financial aid system and insufficient academic preparation disproportionately deter low-income and first-generation students from accessing and completing a higher education.” She spoke about her concerns that efforts to increase access for low-income and first-generation students are not reaching their goals and her frustration on the lack of progress over the past few decades. All of the witnesses and several committee members spoke of the need for increased Pell Grant funding and flexibility. Much attention was given to the early college high school programs as a potential solution to increasing access to lower-income and first-generation students. Panelists also focused on the importance of maintaining and increasing funding for programs such as TRIO and GEAR UP and highlighted the success of counseling and mentoring initiatives. For an archived webcast of the hearing and copies of the witnesses’ testimony, go to this link. 

    AEI EXPLORES HOW ADULTS WITHOUT A COLLEGE DEGREE PERCEIVE HIGHER ED 
    On Monday, the American Enterprise Institute (AEI) hosted an event to discuss the release of their new report, “High Costs, Uncertain Benefits: What do Americans Without a College Degree Think About Postsecondary Education?” The report highlights some of the key findings of a survey of more than 1,500 adults without college degrees, including the sentiment that respondents found higher education to be necessary, but too expensive. Fifty-four percent of respondents said that college costs were keeping them from enrolling, yet 51 percent overestimated the cost of a community college degree by at least $1000; 28 percent were not able to make an estimate at all. Furthermore, respondents who were most likely to be satisfied with their current level of education were those with only a high school diploma. Only 60 percent of respondents agreed or strongly agreed that a college education was worth the cost. Moreover, less than half of the respondents believed that obtaining a bachelor’s degree would increase their annual earnings by $15,000 or more. The report concludes that students may not have a clear understanding of the costs and potential benefits of higher education because of information gaps or common misconceptions. For example, the results showed that many believed a bachelor’s degree was more valuable than other types of higher education. Panelist Mark Schneider, a visiting scholar at AEI and Vice President at the American Institutes for Research, said the survey’s findings perfectly exhibit our nation’s “bachelor degree addiction.” He argued that many do not understand the value of associate and technical degrees and their potential economic payoff. Schneider said that we need more effective ways to disseminate data to education consumers and better display the costs and returns of different kinds of postsecondary education. An archived webcast of the event can be viewed at this link. 

    WHITE HOUSE HOSTS BIG TABLE ROUNDTABLE ON ECAA 
    On Tuesday, the White House held a “Big Table” discussion, led by Roberto Rodriguez, Deputy Assistant to the President for Education Policy, that focused on the Every Child Achieves Act (ECAA), legislation to update the Elementary and Secondary Education Act (ESEA). Rodriguez began by pointing to the importance of the Medicare Access and CHIP Reauthorization bill, which was signed into law last week. He said the law’s enactment evidenced the potential for bipartisan movement on a number of issues of importance to the education policy community. Rodriguez noted a largely successful ESEA effort emerging from the Senate Health, Education, Labor, and Pensions (HELP) Committee that reflects bipartisanship and doesn't contain provisions such as portability or vouchers, which the White House opposes. Nevertheless, he asserted, ECAA needs to be strengthened as it moves forward to ensure adequate resources for schools, uphold the principle of equity, provide greater support and resources for teachers, move professional development forward, provide resources for the lowest performing schools and to prevent unnecessary and duplicative testing. In the realm of early education, which remains a high priority for the Administration, Rodriguez said the inclusion of a provision that builds from the Administration’s Preschool Development Grants is a bright spot in the bill. He noted the demand for more high-quality preschool, and the need to capitalize on the advances in states. When pressed about where the President would draw the line in terms of vetoing an ESEA bill, Rodriguez said, “If we lose ground on the Senate floor rather than gaining ground, it will not be palatable to the White House.” While the Senate is moving forward with their ESEA reauthorization effort, the House has not acted on the matter in months. Rodriguez said that the White House is “keeping an eye” on the House. For more information about the President’s K-12 education policy, go to this link.

    HOUSE SCIENCE COMMITTEE MARKS UP COMPETES REAUTHORIZATION BILL 
    On Wednesday, the House Science, Space, and Technology Committee held a markup of the America COMPETES Reauthorization Act of 2015 (H.R. 1806). Committee Chairman and bill sponsor Lamar Smith (R-TX) classified the bill as “pro-science and fiscally responsible.” He said the bill would prioritize basic research at the National Science Foundation (NSF), the Department of Energy’s Office of Science and the National Institute of Standards and Technology, and would set discretionary spending limits. The bill would increase NSF funding in certain directorates, such as Computer and Information Science and Engineering, while cutting directorates such as Social, Behavioral and Economic and Geosciences. Ranking Member Eddie Bernice Johnson (D-TX), was highly critical of the bill’s content and development process— neither she nor her staff were consulted during its drafting. She contrasted the current process with the development of the original, “landmark,” America COMPETES Act, enacted in 2007 and reauthorized in 2010, that received broad bipartisan support from the scientific and research communities. Johnson submitted over 30 letters of opposition to the bill from national organizations for the record. Over a seven hour markup, most amendments passed or failed on party lines, and the accompanying rhetoric was partisan. For example, Smith stressed the need to prioritize certain sciences over others in a finically strained budget year, while Johnson criticized a bill that picks “winners and losers” and suggested that the science community, not Congress, should decide which research holds promise and relevance. Ultimately, H.R. 1806 passed out of Committee on a party-line vote of 19-16. For an archived webcast of the markup up and a list of amendments offered, go to this link. 

    HOUSE LHHS SUBCOMMITTEE HOLDS HEARING ON EARLY EDUCATION
    On Tuesday, the House Appropriates Subcommittee on Labor, Health and Human Services, Education, and Related Agencies (LHHS) held a budget hearing on early childhood education.  The hearing featured Dr. Walter Gilliam, director of the Edward Zigler Center at the Yale School of Medicine, who discussed the importance of investing in quality early childhood education, explaining that it has short-term gains, such as providing parents with affordable child care and employing teachers, as well as long-term gains that include putting children on a path to economic success and reducing later education costs. He stated that, because of the high levels of brain development in a child’s first few years, early education provides a strong foundation for social and emotional learning, increases development capacity, and reduces the need for remedial and specialized education later in life. Debra Andersen, executive director of Smart Start Oklahoma, asserted that early education funding continues to include home-based services, which are crucial to ensuring that children have a nurturing home environment where their parents can contribute to their education. She also stressed the need to include provisions for adequate teacher supports that include training and professional development, ensuring appropriate student to teacher ratios, and increasing teacher pay. Diana Rauner, president of Ounce of Prevention Fund, argued that the federal government needs to reduce administrative redundancies, create more efficient blending and braiding of funding, and set quality standards and accountability. She also noted that a one-size-fits-all model for accountability is not always best and that states need to build strong education systems supported by the federal government to ensure equitable and quality education for all students, especially for students in rural communities. All of the witnesses advocated for the importance of Child Care and Development Block Grants, Head Start, Early Head Start, and Preschool Block Grants, and requested more federal funding for those programs. For an archived webcast of the hearing, go to this link.

    SENATE LHHS SUBCOMMITTEE HOLDS HEARING ON ED’S FY 16 BUDGET REQUEST
    On Thursday, the Senate Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Agencies (LHHS) held a hearing on the President’s FY 2016 Budget Request for the US Department of Education (ED). Secretary of Education Arne Duncan, accompanied by ED’s Acting Chief Financial Officer Thomas Skelly, appeared before the panel to defend the request and respond to Senators’ questions. Duncan delivered overview remarks similar to those shared with the same House panel in March, citing progress in educational achievement throughout the nation—as evidenced by higher high school graduation rates and lower dropout rates—and reasserted the President’s (unofficial) pledge to not sign a budget that locks in sequestration and its negative economic toll. He also restated ED’s four main priorities in the FY 2016 Budget Request: 1) ensuring equity and opportunity for all students; 2) helping states expand high quality early learning; 3) supporting educators and improving teacher and school leader effectiveness; and 4) improving access, affordability and outcomes for postsecondary education. LHHS Subcommittee Chairman Roy Blunt (R-MO) spent most of the hearing criticizing ED’s college rating system as federal overreach, stating, “I will continue to talk about this until you give up on this.” Subcommittee Ranking Member Patty Murray (D-WA) touted the bipartisan efforts that she and Senator Lamar Alexander (R-TN) have engaged in to reauthorize the “broken” Elementary and Secondary Education Act (ESEA) and stated her optimism for their new bill, “Every Child Achieves Act of 2015,” moving out of the Senate Committee on Health, Education, Labor, and Pensions (HELP) to the Senate floor. She also lauded the proposed increases to Title I, Pell grants and early childhood programs in the President’s FY 2016 Budget Request for ED. The other Senators on the Subcommittee advocated for their issue priorities.  Senator Bill Cassidy (R-LA) argued for targeted funding for students with dyslexia; Senator Barbara Mikulski (D-MD) strongly advocated for continued funding for the Javits Gifted and Talented Student Education Program; and Senator Alexander requested ED simplify the mandates and “red tape” that the federal government places on institutions of higher education and their students, such as the extensive (102 question) Free Application for Federal Student Aid (FAFSA) form. Many Senators from both parties also stated their concern for the limited funding that Impact Aid programs receive. For an archived webcast of the hearing, go to this link.

    THE EVERY CHILD ACHIEVES ACT MOVES TO THE SENATE FLOOR
    On Thursday, the Senate Committee on Health, Education, Labor, and Pensions (HELP) unanimously approved a bipartisan rewrite of the Elementary and Secondary Education Act (ESEA), titled Every Child Achieves Act of 2015 (ECAA). The Senate HELP Committee held a three-day markup to discuss over 50 amendments out of the 87 that were filed. For the most part, the markup was cordial and bipartisan in nature with a few contentious debates over students with dyslexia and anti-bullying policies in schools. Washington Partners, LLC attended the markup each day and sent updates every night that summarized the day’s proceedings with live and witty tweets throughout the day. The firm’s three summaries on the HELP Committee markup of ECAA are posted at this link.