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Home / LEGISLATIVE ACTION / Legislative News and Updates / MSA Policy Blog

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MSA Policy Blog: Your Source of Insider Information

January 12, 2012

MSAP Language Included in New House ESEA Bill

The Chairman of the House Education and Workforce Committee, John Kline (R-MN) released two new draft bills that would finish the committee's work reauthorizing the Elementary and Secondary Education Act (ESEA). Thus far, the committee has taken a piecemeal approach by releasing three separate bills last year that would change different sections of the current law. (See July 13 Blog post for a summary of this legislation)

Utilizing the10th anniversary of the No Child Left Behind Act (NCLB), the chairman said his legislation would improve accountability, increase flexibility, support more effective teachers, and dramatically reduce the federal role in education.

The first bill, the Student Success Act, would end the use of Adequate Yearly Progress (AYP) to measure student performance. Instead, it would allow states to design their own accountability system, but would keep the law's current testing schedule, and require schools to assess students in Mathematics and English (grades 3-8) and once in high school. It would end the assessment of Science.

In stark contrast to the legislation released by Senator Tom Harkin (D-IA), the House bill would not require the creation of "college and career ready" standards and would actually prevent the Secretary of Education from encouraging the adoption of any form of uniform standards, leaving this role to the states.

Chairman Kline's bill would also discontinue the School Improvement Grant program and its controversial 4 turnaround models, instead opting to allow states design their own intervention strategies for low performing schools. The legislation would also discontinue NCLB's school choice and tutoring provisions and does not include using magnet schools as a viable restart option.

The second bill, Encouraging Innovation and Effective Teachers Act,  would eliminate NCLB's current highly qualified teacher requirement, but would mandate  teacher evaluation systems that are based on student achievement. These teacher evaluations would be required to use more than two categories to assess teacher performance and must be used for personnel decisions.                                        

This act would also reauthorize the Magnet Schools Assistance Program (MSAP) making only minor changes to the program. It would, however, limit future funding for the program at current levels.

The new ESEA bills would also eliminate or consolidate 70 existing education programs. To view  a chart with the program eliminations click here.

December 24, 2011

Before the winter recess the President signed into law the FY 2012 appropriations bill that funds the Department of Education and the Magnet Schools Assistance Program (MSAP).

Overall, the Department of Education's budget was reduced by $153 million, which includes a (.189%) across the board cut to most programs. The Magnet Schools Assistance Program was a victim of this cut and was reduced by $188,000 for the current fiscal year.

The department's two largest programs Title I and IDEA received small increases and the Obama administration's signature programs Race-to-the-Top, i3, and Promise Neighborhoods also received funding even though they are not currently authorized.

Programs such as the Teacher Incentive Fund had their funding drastically cut, while others including the Voluntary Public School Choice Program were completely eliminated.

December 1, 2011

The Joint Select Committee on Deficit Reduction announced that is was unable to reach an agreement by its Thanksgiving deadline. The "supercommittee" was created over the summer and assigned the task of reducing the nation's debt by $1.2 trillion over the next ten years by changing entitlement programs such as Social Security and Medicare, and/or increasing government revenues, a.k.a. (taxes).

Congress and the White House must now decide what action to take to prevent an automatic "sequestration" process from beginning January 2013. Sequestration will cut funding to many federal government programs; 50% would come from defense spending and the remaining 50% would come from domestic discretionary programs. Social Security, Medicaid, and Veteran's benefits would be exempt.

There would be cuts to programs administered by the U.S. Department of Education such as the Magnet Schools Assistance Program (MSAP). The Congressional Budget Office estimates that sequestration will result in a 7.8 percent across-the-board cut in FY 2013 resulting in a $3.54 billion overall cut to education programs.

The Committee for Education Funding, the nation's largest education coalition submitted a letter to the supercommittee warning of the dangers of such cuts.

Secretary of Education Arne Duncan also weighed in on the failure of the supercommittee stating, "We must reduce America's debt. But we must do so in a thoughtful and deliberate way that protects national priorities like education at such a critical time. Because the supercommittee failed to live up to its responsibility, education programs that affect young Americans across the country now face across-the-board cuts."

August 8, 2011

President Obama has instructed Secretary Arne Duncan and the Department of Education to grant waivers for key provisions of the No Child Left Behind Act (NCLB) to states that are willing to adopt proscribed educational reforms. Citing Congress' inability to reauthorize this law by the beginning of the upcoming school year, or over the last four years, Melody Barnes, Director of the White House Domestic Policy Council said, "relief is on the way."

Details of the waiver plan will be released by mid-September and will be effective during the upcoming 2011-2012 school year. Secretary Duncan said the package will reflect similar goals of the administration's "Blueprint" for the reauthorization of the ESEA/NCLB, such as adopting college and career ready standards, improving the nation's lowest performing schools, expanding state data systems, and improving the teaching profession.

Some organizations such as the Congressional Hispanic Caucus have expressed reservations over such a plan, warning that the law's accountability provisions could be watered down. The Executive Director of the Council of Chief State School Officers, Gene Wilhoit also stated that if the package is too presciptive, "states will walk away."

The Chairman of the U.S. House of Representatives Education and Workforce Committee, John Kline (R-MN), stated in a press release that his committee will ensure the Secretary does not overstep his authority. He also said the waiver plan could undermine his committee's efforts to reauthorize NCLB.

For more information on this important news click here.

August 1, 2011

Congress and the White House have ironed out a budget deal that will extend the national debt limit through 2013, preventing the U.S. government from defaulting on its current debt obligations. The compromise agreement will be implemented in two phases.

The initial phase will increase the debt ceiling immediately by $900 billion in exchange for one trillion dollars in deficit reduction over the next ten years. The savings will come from capping government spending, and actually cutting it by $10 billion over the next two years.

The second phase will require the government to reduce the nation's debt by an additional $1.2 trillion. This part of the agreement will create a Joint Congressional Committee consisting of six Democrats and six Republicans who will propose ways to reduce the deficit by changing entitlement programs such as Social Security and Medicare, and/or increasing taxes. This joint committee must report its recommendations by this Thanksgiving.

Congress and the White House will then decide whether or not to implement the recommendations of this committee by the end of the year. If these savings cannot be agreed to, an automatic "sequestration" process will begin, cutting funding for many federal government programs over ten years. Fifty percent of the cuts would come from Defense spending and the other 50% would be from domestic discretionary funding.

This sequestration process would begin in FY 2013. Certain programs would be exempt from sequestration, including Social Security, Medicaid, and Veteran's benefits. There could be cuts to programs administered by the U.S. Department of Education such as the Magnet Schools Assistance Program (MSAP).

In addition to this overall agreement Congress must also vote on a balanced budget constitutional amendment, which would prevent the government from deficit spending during any fiscal year. Most state governments operate under such restrictions. This amendment would would need to be passed by a 2/3 majority vote of Congress and signed by the president. The constitutional amendment would also need to be ratified by 3/4 of all American states.

July 13, 2011

The U.S. House of Representatives Committee on Education and the Workforce released three separate bills that would reform the Elementary and Secondary Education Act (ESEA) or No Child Left Behind (NCLB). The legislation addresses different sections of the original law.

The first bill would eliminate 42 education programs including Even Start, Reading First, Javits Gifted and Talented, Smaller Learning Communities, School Counseling, Dropout Prevention, Art Education and Library programs. It passed a committee vote along partisan lines (23-16).

The second bill would increase and expand funding for the charter schools program and streamline the facilities construction incentive program. It was voted out of committee by a largely bipartisan margin of (34-5).

The last bill deals with funding flexibility and allows states and school districts to transfer funds from any ESEA formula grant program to another, including some IDEA programs. This bill received significant opposition from the minority party and civil rights organizations who argue that federal funds for disadvantaged students will be funneled to other purposes and more affluent schools.

The chairman of the committee, John Kline (R-MN) also announced he will release one last bill addressing the accountability provisions of ESEA/NCLB in the fall.

All of these bills still need to be passed by the full chamber and reconciled with the Senate, which has still not introduced a single ESEA reauthorization bill. All indications suggest that a final ESEA bill will not reach the president's desk by the beginning of the new school year or anytime in the near future!

June 14, 2011

This morning the Center for American Progress in Washington, DC hosted a panel discussion on the status of the reauthorization of ESEA/NCLB. Below are some of the main highlights:

Representative, George Miller (D-CA), Ranking Member, House Education and the Workforce Committee:

- There is only limited time left in the congressional schedule to pass a reauthorization bill this summer. "It is much easier to stop the passage of a bill than to enact one."

- He would like to see several things included in the new version of ESEA: local flexibility in spending federal dollars, increased focus on high school graduation rates, improved standards and accountability provisions, greater use of data-based decision making, transparency of school performance data, creating a modern professional workplace for teachers, emphasis on schools as community centers.

U.S. Department of Education Secretary Arne Duncan:

- If Congress cannot pass legislation the Department of Education has a (Plan B) to create flexibility for school districts so they are not "crushed" by the law. Schools are under tremendous pressure under NCLB and they don't have the luxury of operating on Washington, DC time.

- Representative Miller added that negotiations have just begun on NCLB waivers.

Former Secretary of Education Margret Spellings:

During her tenure states tried to "game the system" by requesting waivers under NCLB that would ultimately weaken its accountability provisions. For example, one state requested that AYP be measured every two years instead of annually, another wanted to include only 80 percent of students in annual AYP reports, exempting disabled students and English Language Learners. Ms. Spellings and Representative Miller both agreed that the culture of accountability that has been created under NCLB is a strength of the law.

John Podesta, President, Center for American Progress:

Mr. Podesta asked the panel if they supported the idea of changing NCLB funding into a single block grant as discussed by Chairman John Kline (R-MN) in a recent Op-Ed. Representative Miller stated that this is a civil rights issue and it would be "problematic" because the law was originally created to ensure that federal support reached disadvantaged students. Writing a "blank check" to states would allow them to channel funds for other uses.

March 10, 2011

The United States Congress passed another short-term Continuing Resolution (CR), preventing a potential government shutdown, at least for a couple more weeks. The resolution cuts $4 billion from the FY 2011 budget and eliminates federal funding for 14 education programs including, Even Start, Arts in Education, Smaller Learning Communities, Teach for America, and the National Board for Professional Teaching Standards. Republicans in the U.S. House of Representatives would like to cut an additional $56 billion from the current federal non-defense budget, and eliminate 42 additional education programs. The president has threatened to veto any legislation with such large cuts.

February 14, 2011

Today, President Obama released his proposed FY 2012 budget for the federal government. The budget would provide a $2 billion increase to the Department of Education. It would eliminate 11 education programs and consolidate 38. This is in stark contrast to the House Republican plan to eliminate 56 education programs and cut education funding by $4.8 billion for the remainder of FY 2011. The most important development for magnet schools, is the president's proposed $10 million increase for the Magnet Schools Assistance Program (MSAP). This is the second fiscal year in a row that the president has requested an increase to MSAP. 

December 22, 2010

After months of failed negotiations and political posturing over earmarks and budget levels, the Senate and House were forced to pass another Continuing Resolution (CR) that will fund the federal government and the Magnet Schools Assistance Program (MSAP) at FY 2010 levels for an additional two months until March 4, 2011.

Congress was unable to agree on omnibus appropriations bill for FY 2011, which began on October 1, 2010. The Senate attempted to pass this measure, which included modest increases for the Department Education, Title I, IDEA, and for the Obama administration's signature initiatives; the Race-to-the-Top and i3 programs. The Executive Director of the Committee for Education Funding, Joel Packer, said the short-term funding measure was the "worst option for education." 

On a positive note, Congress did include additional funding for the Pell grant program in the (CR) to cover an estimated $5.7 billion shortfall. This will prevent cuts in college aid to millions of students.

Another wrinkle in the (CR), is legislative language that reverses a recent 9th District U.S. Court of Appeals ruling on "highly qualified" teachers. The court found that a NCLB regulation allowing alternative routes to becoming "highly qualified" to be unconstitutional. The (CR) temporally extends the practice, which is good news for the Teach for America program.

Congress will now have to work on funding the federal government for the current fiscal year early next year under a newly Republican controlled House of Representatives. Leadership from the party have pledged to reduce non-defense discretionary spending to FY 08 levels, which could mean cuts to education programs.  Stay tuned in March!

November 9, 2010

The American Enterprise Institute (AEI), a leading conservative think-tank in Washington, DC hosted a panel discussion on how the recent election results will affect education. Members of the panel included several House and Senate Education committee staff members from the Republican and Democratic parties, the Executive Director of the Committee for Education Funding, and several education experts from AEI. The event was well attended by a wide variety of education groups. 

The discussion began with a frank appraisal of whether the No Child Left Behind Act/ESEA would be reauthorized in the newly divided Congress. Bethany Little from the Senate Health, Education, Labor, and Pensions Committee gave an optimistic view, stating that the last authorization occurred under a Republican controlled White House and a divided Congress, and that bipartisan negotiations were ongoing. Amy Jones of the House Education and Labor Committee stated there would be a large influx of new Republican members on the committee and that it's hard to gauge what their agenda will be. The presumptive new committee chairman, John Kline (R-MN) has posted an outline of his agenda on the committee's website.

Joel Packer a former NEA lobbyist and Executive Director of the Committee for Education Funding, stated bluntly that reauthorization was unlikely because most of the incoming Republican freshman campaigned on limited government and reduced spending. He also pointed out there has been little discussion by the House Republican leadership regarding reauthorization either in their "Pledge to America" or in their public statements. What he thinks is more likely is the consolidation and cutting of federal education programs. (See also the Republican's initiative to cut federal programs You Cut)

Frederick Hess from AEI, was also skeptical about reauthorization, but he thought there may be the possibility of restructuring portions of the law that are the most punitive for schools, such as suspending the NCLB's 2014 proficiency deadline. Lindsay Hunsicker a Republican aid for the Senate Health, Education, Labor, and Pensions Committee thought her boss, Senator Mike Enzi (R-WY), and ranking minority member on the committee, would not support such a piece meal approach to reauthorization.

Another hot topic of discussion was the Obama Administration's ESEA reauthorization "Blueprint". There was general consensus that the administration's 4 school turnaround strategies were dead in the water in Congress, and that more flexibility for failing schools is forthcoming. Joel Packer also said to expect more emphasis on rural schools in Title I formulas. Lindsay Hunsicker echoed his remarks stating her boss who represents a rural state, is against the administration's effort to increase competitive grants because rural school districts don't have the luxury of grant writers and supporting research universities.

The panel finished the discussion addressing the Common Core standards. All agreed that Republicans would be against any form of national curriculum pushed by the administration and that the standards need to continue to be a state lead initiative. If the U.S. Department of Education tries to weave them into federal legislation such as NCLB/ESEA they will unravel because of push back from Republicans. 

November 8, 2010

The Majority Clerk of the Senate Appropriations Committee, Erik Fatemi, recently stated at an education event that there are very serious negotiations taking place on an omnibus FY 2011 appropriations bill and that the aggregate total for the bill would be at the so-called Sessions-McCaskill level (which is $6 billion below the Senate Appropriations Committee-approved level, $13 billion below the House-approved level and $20 billion below President Obama's budget). This will result in cuts for education programs below the Senate reported-bill (and presumably below the House-subcommittee bill).

The negotiations are bipartisan with some optimism that the package would get 60 votes in the Senate. The $5.7 billion Pell grant shortfall, which is caused by additional students qualifying for student aid, might be included as emergency funding, exempting it from the lowered cap. If not, this shortfall could lead to additional cuts to other education programs or cuts in Pell grant aid.

Nothing is final. The alternative to working out an omnibus bill would be a year-long Continuing Resolution(CR) at FY 2010 levels. Stay tuned to see how these developments will affect funding for the Magnet Schools Assistance Program.

September 17, 2010

The Committee for Education Funding's latest coalition meeting featured guest speaker Massie Ritsch, Deputy Assistant Secretary for External Affairs and Outreach at the U.S. Department of Education. His role is to keep members of the education community informed of ongoing policy developments at the Department.

Mr. Ritsch said Secretary Duncan will focus on three areas in the immediate future:

1. Driving reform at the state and local level utilizing the Race-to-the-Top and I3 grant programs;
2. Strengthening and elevating the teaching profession, as well as recruiting new teachers in high need areas and subjects (STEM, English Language Learners, and Special Education); 
3. Achieving the president's 2020 college access and completion goal.

Along a similar vein, DOE just launched a new website catered to prospective teachers teach.gov, that offers resources on teacher preparation, certification, training and mentoring, and even job announcements.  The administration will also focus on increasing parent and family engagement in the classroom. Massie said to expect federal funding in this area to double in the president's next budget.

The White House will also advocate for a greater federal role in STEM education based on the recommendations of the President's Council of Advisors on Science and Technology. The council released a report in September calling for the training and recruitment of 100,000 new STEM teachers and the creation of 1,000 new STEM focused schools over the next decade.

It recommends a major role for the Department of Education and the National Science Foundation in this effort, as well as $360 million in additional federal support per year. The report also mentions magnet schools as a pioneer in STEM theme schools. 

Of special note, the White House has informed the Department of Education that it would like Congress to begin the reauthorization of the Elementary and Secondary Education Act (ESEA) in January. Expect monthly education stakeholder meetings hosted by the Department of Education to resume in October.

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