Congressional Recess Guide 2013: Background & Talking Points
Catch ‘Em While They’re Home!
August 2013 Congressional Recess: NSBA Background &Talking Points
Congress is on recess until September 9. During this time, most members of Congress return to their hometowns and meet with constituents in their home offices. Please take this opportunity to communicate the following information to them during August, using local examples. You can call their office using the Capitol switchboard at 202.224.3121 or use NSBA’s legislative action center at nsba.org/advocacy to find their local contact information. Below is the background and talking points for four priority legislative issues.
1. Reauthorization of the Elementary and Secondary Education Act (ESEA)
Background
The No Child Left Behind (NCLB) Act, initially authorized in 1965 as the Elementary and Secondary Education Act (ESEA) and signed into law on January 8, 2002, is the major federal law impacting K-12 education. After nearly 12 years of enactment of the law, local school districts continue to struggle to comply with the language of the law at a time when the unintended consequences of this complex law are imposing far more dysfunctional and illogical implementation problems than had been anticipated by the sponsors of the legislation. Although the U.S. Secretary of Education has offered States waivers in agreement to implement other federal requirements, such an approach represents only a temporary and partial solution.
The House Education & Workforce Committee approved its version of ESEA, The Student Success Act, H.R. 5 to reauthorize the ESEA on June 19, 2013. NSBA supported the bill because it would eliminate unnecessary and overwhelming administrative requirements and would restore flexibility and governance to local school boards who are in the best position to address the needs of students in our local communities.
On July 19, the House passed the Committee bill by 221-207 with no Democratic support. However, 9 Democrats did support the Meehan-Schock amendment that specifically provided even greater authority and flexibility to local school boards which passed by 239-187. H.R. 5 is not a perfect bill, but NSBA hopes that local school board concerns over proposed funding caps and the elimination of State maintenance of effort (MOE) requirements would be addressed in Joint Committee after the Senate passes its ESEA bill.
The Senate Health, Education, Labor and Pensions (HELP) committee passed its version of ESEA, Strengthening America’s Schools, S. 1094, on June 12. However, the Senate has not yet scheduled the Senate floor vote. Although the bill includes some improvements over the current law, NSBA did not support the Senate bill because it would significantly increase requirements for local data collection, reporting, and plan development and implementation. NSBA believes that local school boards would not have sufficient technical capacity or fiscal or personnel resources needed to meet the overwhelming requirements.
Your Talking Points
- Thank your House Republican members who supported H.R. 5.
- Request that your Senators urge Senate Majority Leader Harry Reid (NV) to schedule S.1094 for a full Senate floor vote when Congress returns to Washington in September.
2. NSBA Bill: Local School Board Governance and Flexibility Act, H.R. 1386
Background
On March 21, Rep. Aaron Schock (IL) introduced the Local School Board Governance and Flexibility Act, H.R. 1386. Today, the bill has 22 cosponsors and the support of the American Association of School Administrators (AASA).
This bi-partisan bill, Local School Board Governance and Flexibility Act, H.R. 1386, will help rein in the U.S. Department of Education’s authority in the absence of federal legislation and restores greater flexibility to local school boards. This legislation also ensures that the U.S. Department of Education fulfills its role as a policy implementer rather than a policy-maker, and performs that role with proper recognition of governance. Significant provisions in H.R. 1386 were incorporated into the House version of the ESEA bill, Student Success Act, H.R. 5
No member of the U.S. Senate has agreed to introduce a Senate bill similar to H.R. 5. However, if a Senate bill were to be formally introduced, when the Senate ESEA bill, S. 1094, comes before the full Senate for a vote, it increases our chances to get key provisions of H.R. 5 introduced as an amendment to S. 1094.
Your Talking Point
Please request your Senators to introduce a companion bill to H.R. 5
3. Fiscal Year 2014 Education Funding
Background
NSBA applauds the Senate Appropriations Committee bill for FY2014 funding for Labor, Health & Human Services, and Education that was reported on July 11. The Committee’s bill, S. 1284, would stop the budget cuts from the sequester, restore funding allocations to pre-sequester levels and also provide increases for special education ($168 million increase) and Title I grants for disadvantaged students ($125 million increase).
In May, the House Appropriations Committee approved an overall funding allocation for Labor, Health & Human Services and Education that is an estimated 18.7 percent lower than current funding levels under the sequester. This equates to what could be huge cuts to education in FY2014. For example, if the cut were to be applied across-the-board, it would result in more than a $4.6 billion reduction to Title I and special education (IDEA) alone. Further, an estimated six million fewer students nationwide would be served through Title I than under the Senate bill.
NSBA opposes the House Subcommittee allocation and has engaged grassroots efforts to urge sustained funding for education, as well as greater investments in special education and Title I grants. NSBA’s recent letter to the House Appropriations Subcommittee on Labor, Health & Human Services and Education is posted here: http://www.nsba.org/Advocacy/Key-Issues/FederalFunding/NSBA-letter-re-FY2014-Labor-Health-Human-Services-Education-Appropriations-bill.pdf
NSBA strongly urges the House and Senate to develop a bipartisan budget compromise to replace sequestration and sustain education investments in FY2014.
IDEA must be fully funded—as well as the mandates from the No Child Left Behind Act and any new requirements. Local school districts will need capacity-building support for professional development, curriculum development, course materials and instructional changes needed to meet federally sponsored standards and assessments. NSBA also opposes general budget reductions by formula, such as across-the-board cuts, which circumvent Congress’ responsibility to set funding priorities among government functions. NSBA supports maximum investments for IDEA and Title I.
Your Talking Points
- Urge your members of Congress to take positive action in addressing the deficit that exists for special education funding in Fiscal Year 2014. The average federal support per student under the Individuals with Disabilities Education Act (IDEA) has dropped to 14.9 percent, the lowest level since 2001. Local school districts are continuing to face cuts to their operating budgets at a time when the costs for special education services continue to increase. Many districts have extremely limited flexibility to generate additional resources to address these increased costs. Hence, we urge Congress to meet a basic obligation made in 1975 to support students with disabilities and help ensure they are prepared for success after high school. Bipartisan support exists in both the House and Senate to address this crisis; and, we urge Congress to reverse this decline in federal IDEA support swiftly.
- Urge Congress to end sequestration in Fiscal Year 2014. Many school districts have already reconfigured budgets, reduced course offerings, deferred maintenance and any upgrades, reduced transportation services, cut salaries, delayed purchases, curtailed professional development and reduced extracurricular activities. We urge Congress to stop this depletion of resources for our students.
4. E-Rate Modernization
Background: The most comprehensive call for modernization of the School and Libraries Universal Service Support mechanism (E-Rate) since it was enacted in 1996 began in July. The E-Rate program is administered under the direction of the Federal Communications Commission (FCC), and provides discounts to assist schools and libraries in the U.S. to obtain affordable telecommunications and Internet access. In Funding Year 2012, E-Rate provided $2.2 billion in discounts for Internet access, telecommunications, internal connections and basic maintenance to more than 36,000 high-need school, school district, library and consortia applicants.
The FCC released a Notice of Proposed Rulemaking (NPRM) in July, calling for comments on all aspects of the program, including goals and measures, funding and resources, equitable distribution of funds, shifting prioritizes to increase access to high speed Broadband, increasing cost effectiveness and transparency, and streamlining administration of the program. The deadline for comments is September 16, 2013. NSBA will prepare comments on the NPRM; and, states and school districts are urged to submit comments on how to improve the program, and to share your priorities with members of Congress.
Your Talking Points
- Increasing the cap on E-Rate is a first vital step to improve access to Broadband and Internet connectivity generally. Other than inflationary adjustments authorized in 2010, there has been no increase in the $2.25 billion cap on E-Rate resources since the program’s inception. Current demand ($4.9 billion) is more than double the resources currently available.
- My school district is able to provide essential instruction and professional development with E-Rate support, and could do much more to provide college and career-ready learning with additional resources. (Insert your district’s examples of how E-Rate discounts allow you to improve and integrate technology into instruction, and your technology plans for the future.)
- Streamlining administration of the E-Rate program, such as multi-year applications, electronic filing and other improvements would increase cost-effectiveness of the program.
Thank you for your advocacy efforts.
You can access a pdf version of the document here.
If you have any feedback or questions, please contact Kathleen Branch, director of national advocacy services, at kbranch@nsba.org or 703.838.6735.