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Congressional Briefing
2014 ACUTA Annual Conference
by Kenneth Salomon
The Congressional Landscape
Congressional (and some Administration)
Developments Only
2014 Mid-Terms
Start with the outlook for the 2014 mid-term
election
2014 Mid-Terms: The House
Party breakdown of the 113th Congress, House
Source: National Journal & The Cook Political Report
199 233
2014 Mid-Terms: The Senate
Party Breakdown of the 113th Congress, Senate
50
Two Independents, Angus King (I-Maine) and
Bernie Sanders (I-Vt.), caucus with the Dems
Source: National Journal & The Cook Political Report
2014 Mid-Terms: The Senate
Defeat from the jaws of victory: GOP losses in 2010 and 2012
2014 Mid-Term Election
Changes Coming at the Top
 Shift in congressional education policy leadership in 2015
 Education Committees
• Senate
• HELP Chairman Harkin (IA) retiring
• Sen. Alexander (R) or Murray (WA) replacement
• House
• Ranking Member Miller (CA) retiring
• Rep. Scott (VA) replacement
 Commerce Committees
• Senate
• Chairman Rockefeller (WV) retiring
• Senators Boxer (CA) or Nelson replacement?
• House
• Ranking Member Waxman (CA) retiring
• Reps Eshoo (CA) or Pallone (NJ) replacement?
2014-2015 Higher Education Congressional
Landscape
Major Topics in 2014-2015
 HEA Reauthorization
 Copyright Act update
 Telecommunications Act update
 Broadband and wireless broadband deployment
 Data security and privacy
 TEACH Act
The HEA
 HEA Reauthorization picking up steam
• House
• Senate
 Some focus areas
• Accreditation
• Cost of attendance
• Student loan servicing
• Quality and innovation
• Completion and outcomes
• E-learning and MOOCs
• Competency vs. seat time
2014 Education Policy Landscape: HEA
 What’s going to happen next?
• Hearings, hearings, hearings
 When will reauthorization be completed?
Copyright Act
 Copyright for 21st Century
 House Judiciary Committee hearings
 NTIA/DOC White Paper
Telecommunications Rewrite
 House Energy and Commerce Committee
 Staff paper soliciting ideas
 Hearings
 Multi-year process
Broadband & Spectrum
 Court repeal of FCC Open Internet Order
 Congressional reaction
• Partisan bills pro and con
• Partially in response to the Court, FCC Chairman
Wheeler, and the Comcast-Time Warner merger
 Oversight of spectrum auctions
Data Breach and Security
 Congressional reaction to Target/Neiman
Marcus data breaches =
TEACH Act
 TEACH Act of 2014
• Development of accessibility guidelines for
electronic instructional materials and related
information technologies in higher education
institutions.
• Senator Warren: “Currently, not all technologies
used at colleges and universities are accessible to
students with disabilities, even though non-
discrimination laws require accessibility.“
Questions?
Kenneth Salomon
ksalomon@thompsoncoburn.com
+1.202.585.6904
tclobbying.com
@TCLobbying
The purpose of this slide show is to provide
news and information on legal issues and all
content is for informational purposes only and
should not be considered legal advice.

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Ken Salomon - Acuta 2014 Congressional Briefing

  • 1. Congressional Briefing 2014 ACUTA Annual Conference by Kenneth Salomon
  • 2. The Congressional Landscape Congressional (and some Administration) Developments Only
  • 3. 2014 Mid-Terms Start with the outlook for the 2014 mid-term election
  • 4. 2014 Mid-Terms: The House Party breakdown of the 113th Congress, House Source: National Journal & The Cook Political Report 199 233
  • 5. 2014 Mid-Terms: The Senate Party Breakdown of the 113th Congress, Senate 50 Two Independents, Angus King (I-Maine) and Bernie Sanders (I-Vt.), caucus with the Dems Source: National Journal & The Cook Political Report
  • 6. 2014 Mid-Terms: The Senate Defeat from the jaws of victory: GOP losses in 2010 and 2012
  • 8. Changes Coming at the Top  Shift in congressional education policy leadership in 2015  Education Committees • Senate • HELP Chairman Harkin (IA) retiring • Sen. Alexander (R) or Murray (WA) replacement • House • Ranking Member Miller (CA) retiring • Rep. Scott (VA) replacement  Commerce Committees • Senate • Chairman Rockefeller (WV) retiring • Senators Boxer (CA) or Nelson replacement? • House • Ranking Member Waxman (CA) retiring • Reps Eshoo (CA) or Pallone (NJ) replacement?
  • 9. 2014-2015 Higher Education Congressional Landscape Major Topics in 2014-2015  HEA Reauthorization  Copyright Act update  Telecommunications Act update  Broadband and wireless broadband deployment  Data security and privacy  TEACH Act
  • 10. The HEA  HEA Reauthorization picking up steam • House • Senate  Some focus areas • Accreditation • Cost of attendance • Student loan servicing • Quality and innovation • Completion and outcomes • E-learning and MOOCs • Competency vs. seat time
  • 11. 2014 Education Policy Landscape: HEA  What’s going to happen next? • Hearings, hearings, hearings  When will reauthorization be completed?
  • 12. Copyright Act  Copyright for 21st Century  House Judiciary Committee hearings  NTIA/DOC White Paper
  • 13. Telecommunications Rewrite  House Energy and Commerce Committee  Staff paper soliciting ideas  Hearings  Multi-year process
  • 14. Broadband & Spectrum  Court repeal of FCC Open Internet Order  Congressional reaction • Partisan bills pro and con • Partially in response to the Court, FCC Chairman Wheeler, and the Comcast-Time Warner merger  Oversight of spectrum auctions
  • 15. Data Breach and Security  Congressional reaction to Target/Neiman Marcus data breaches =
  • 16. TEACH Act  TEACH Act of 2014 • Development of accessibility guidelines for electronic instructional materials and related information technologies in higher education institutions. • Senator Warren: “Currently, not all technologies used at colleges and universities are accessible to students with disabilities, even though non- discrimination laws require accessibility.“
  • 17. Questions? Kenneth Salomon ksalomon@thompsoncoburn.com +1.202.585.6904 tclobbying.com @TCLobbying The purpose of this slide show is to provide news and information on legal issues and all content is for informational purposes only and should not be considered legal advice.

Editor's Notes

  1. JG HARRINGTON REGULATORY SESSION TOMORROW
  2. IN WASHINGTON, THERE ARE JUST THREE NUMBERS TO KEEP IN MIND, 270, 218 AND 60.AT THIS POINT, EIGHT MONTHS BEFORE THE NOV. 4 ELECTION, IT’S HARD TO SEE A LOT OF GOOD NEWS FOR CONGRESSIONAL DEMOCRATS.PRESIDENT OBAMA’S APPROVAL RATINGS AVERAGE 41 PERCENT. AND THE AFFORDABLE CARE ACT IS NOW EVEN MORE UNPOPULAR THAN IT WAS IN OCTOBER AND NOVEMBER OF 2010, WHEN DEMOCRATS LOST 63 SEATS, CONTROL OF THE HOUSE, AND A HALF-DOZEN SENATE SEATS.THE TWO MOST LIKELY LEGISLATIVE LAND MINES FOR REPUBLICANS BETWEEN NOW AND ELECTION DAY HAVE BEEN DEFUSED:ANOTHER GOVERNMENT SHUTDOWN, AND LIFTING THE DEBT CEILING.
  3. MOVING TO THE HOUSE, THERE ARE 233 REPUBLICANS AND 199 DEMOCRATS.NO MATTER HOW YOU LOOK AT IT, THE HOUSE SEEMS OUT OF REACH.TODAY, REPUBLICANS APPEAR A BIT MORE LIKELY TO GAIN THAN TO LOSE SEATS.
  4. THE SENATE TODAY HAS 53 DEMOCRATS, 2 INDEPENDENTS WHO CAUCUS WITH THE DEMOCRATS, AND 45 REPUBLICANS.36 SENATE SEATS ARE IN-CYCLE: 21 ARE HELD BY DEMOCRATS; 15 BY REPUBLICANS. SO THE DEMOCRATIC PARTY HAS TO SPREAD ITS RESOURCES OVER MORE STATES THAN THE REPUBLICAN PARTY.REPUBLICANS NEED A NET GAIN OF 6 SEATS FOR CONTROL WHILE DEMOCRATS CAN RETAIN CONTROL WITH A LOSS OF 5 SEATS SINCE VP BIDEN WOULD CAST THE TIE BREAKING VOTE.DEMOCRATS’ CHANCES OF HOLDING ONTO THEIR MAJORITY IN THE SENATE IS LOOKING INCREASINGLY TENUOUS.THERE ARE 10, AND POTENTIALLY AS MANY AS 13, DEMOCRATIC-HELD SEATS IN JEOPARDY COMPARED TO ONLY TWO GOP SEATS.THE SENATE’S PLAYING FIELD KEEPS GETTING LARGER AND, AT LEAST SO FAR, ENTIRELY AT DEMOCRATS’ EXPENSE. THREE OF THEIR CURRENT SEATS, THE OPEN SEATS IN SOUTH DAKOTA, MONTANA AND WEST VIRGINIA, ARE ESSENTIALLY GONE AND TWO MORE IN MICHIGAN AND IOWA ARE HAVE BECOME TOSS UPS. THE FIVE DEMOCRATIC INCUMBENTS IN AK, AR, CO, LA, AND NC FACE TOUGH, COMPETITIVE RACES.
  5. THE FIRST MAJOR BUMP IN THE ROAD FOR THE REPUBLICANS ARE THE PRIMARIES. RECALLTHAT THE GOP MANAGED TO SNATCH CONTINUED MINORITY STATUS FROM THE JAWS OF MAJORITY CONTROL OF THE SENATE IN EACH OF THE LAST TWO ELECTIONS BY NOMINATING A FEW WEAK CANDIDATES.THE GOP, HOWEVER, ALSO HAS INCUMBENT SENATORS AT VARYING DEGREES OF RISK, TOO, IN KS, MS, SC, AND TN AND MINORITY LEADER MCCONNELL (KY). THEY ALL FACE TEA PARTY CHALLENGERS AND, IN THE CASE OF SENATORS MCCONNELL AND COCHRAN OF MS, ASSUMING THEY SURVIVE THEIR PRIMARIES, MEANINGFUL DEMOCRATIC CHALLENGERS. AND FINALLY, THE OPEN GOP SENATE SEAT IN GA IS NOT A SURE GOP HOLD.
  6. ALL IN ALL, 2014 LOOKS LIKELY TO BE VERY UGLY YEAR FOR DEMOCRATS ON CAPITOL HILL. BUT, IT’S FAR TOO SOON TO SAY THAT DEMOCRATS’ SENATE MAJORITY IS HISTORY. IN 2012, THEIR SITUATION LOOKED PRETTY GRIM AT THIS JUNCTURE, TOO, BUT THE GOP SELF-DESTRUCTED AND NOMINATED UNELECTABLE PEOPLE IN A FEW STATES, AND ENDED UP LOSING THREE SEATS.
  7. REGARDLESS OF WHICH PARTY CONTROLS THE HOUSE AND THE SENATE, THERE WILL BE NOTABLE CHANGES ON COMMITTEES OF CONGRESS IMPORTANT TO ONLINE EDUCATION.THE COMMITTEES WITH JURISDICTION OVER HIGHER EDUCATION, TELECOM AND THE INTERNET, AND COPYRIGHT.I SHOULD HAVE ADDED TO THIS LIST THE FACT THAT HOUSE ED & THE WORKFORCE CHAIRMAN KLINE (R-MN) ALSO WILL HAND THE GAVEL OVER UNLESS HE GETS A WAIVER FROM SPEAKER BOEHNER. REPUBLICANS LIMIT TO SIX YEARS THE TIME THAT A MEMBER CAN SERVE AS CHAIRMAN OF A COMMITTEE.AND THE 2014 ELECTION RESULTS COULD PRODUCE MORE CHANGES ON THE KEY COMMITTEES.
  8. BOTH CONGRESS AND THE ADMINISTRATION ARE FOCUSED ON THE COST OF A COLLEGE EDUCATION AND ITS VALUE IN THE MARKETPLACE AND ON EMPOWERING STUDENTS AND FAMILIES TO MAKE INFORMED EDUCATIONAL BUYING DECISIONS.THE ADMINISTRATION WILL PUSH ITS COLLEGE RATING SYSTEM AND THE PRESIDENT PROPOSED $12 MILLION FOR IT IN HIS FY 15 BUDGET ON MARCH 4.THE HOUSE JUDICIARY COMMITTEE HAS BEGUN REVIEW OF THE COPYRIGHT ACT WITH AN EYE TO UPDATING IT FOR THE 21ST CENTURY.THE ADMINISTRATION HAS LAUNCHED ITS OWN INITIATIVE THROUGH THE COMMERCE DEPARTMENT WHITE PAPER.FOCUS OF THESE EFFORTS IS ON DIGITAL ISSUES SO THEY WILL HAVE AN EFFECT ON ONLINE LEARNING.THE HOUSE ENERGY AND COMMERCE COMMITTEE HAS LAUNCHED THE INITIAL STAGES OF UPDATING THE COMMUNICATIONS LAWS.BOTH THE ADMINISTRATION AND CONGRESS ARE SEARCHING FOR MORE SPECTRUM FOR WIRELESS BROADBAND AND THE NETWORK NEUTRALITY DEBATE HAS RESURFACED.AND BOTH THE ADMINISTRATION AND CONGRESS ARE WORKING TOWARDS DATA PRIVACY AND DATA BREACH NOTIFICATION LAWS.THE PRESIDENT’S 2/13/14 VOLUNTARY CRITICAL INFRASTRUCTURE CYBERSECURITY GUIDELINES.HIGHER ED NOT “CRITICAL INFRASTRUCTURE, BUT THE VOLUNTARY GUIDELINES WILL SET THE STANDARD OF BEST PRACTICE FOR NON-CRITICAL INFRASTRUCTURE, TOO, AT LEAST FOR INSURANCE COVERAGE AND THE PLAINTIFFS’ BAR.DEPARTMENT OF ED 2/25/14 “NEW GUIDANCE ON PROTECTING STUDENT PRIVACY WHILE USING ONLINE EDUCATIONAL SERVICES.”http://ptac.ed.gov/document/protecting-student-privacy-while-using-online-educational-servicesNOT MUCH OF THIS WILL BE COMPLETED IN 2014.LIMITED CONGRESSIONAL PRODUCTIVITYMESSAGE BILLSCONGRESSIONAL GRIDLOCK MEANS THE REAL ACTION WILL BE ON THE REGULATORY SIDE.THAT’S A CHALLENGE, BECAUSE IT IS EASIER TO COMMUNICATE AND DEAL WITH CONGRESSIONAL STAFF THAN WITH REGULATORY STAFF IN THE DEPARTMENTS AND AGENCIES.
  9. THE HEA REAUTHORIZATION TRAIN IS MOVING.I BELIEVE THIS REAUTHORIZATION COULD BE BROAD AND DEEP.THERE IS MORE MOMENTUM ON REAL HIGHER EDUCATION POLICYMAKING ON THE HILL THAN THERE HAS BEEN IN A LONG TIME. AND MOMENTUM OFTEN MEANS PROGRESS IN POLITICS.DISCUSSION THUS FAR HAS NOT BEEN VERY PARTISAN OR DIVISIVE.HOUSE ED & LABOR SOLICITED REAUTHORIZATION TOPICS LAST YEAR.SEN. HELP BEGAN 12 REAUTHORIZATION HEARINGS IN 2013 ON, AMONG OTHER TOPICS: KEEPING COLLEGE AFFORDABLE WAYS TO INCREASE QUALITY IN HIGHER EDUCATION STUDENT ACCESS INNOVATIVE WAYS TO IMPROVE STUDENT SUCCESS IMPROVING AND STREAMLINING STUDENT FINANCIAL AID HELP ASKS HIGHER ED STAKEHOLDERS TO SUBMIT RECOMMENDATIONS AS EACH HEARING TOPIC IS ANNOUNCED.THE FIRST HELP HEARING LAST SEPTEMBER WAS ON “THE TRIAD: PROMOTING A SYSTEM OF SHARED RESPONSIBILITY.”THE SECOND HEARING IN OCTOBER WAS SIGNIFICANT FOR ONLINE LEARNING BECAUSE IT FOCUSED ON INNOVATION. THERE WAS A LOT OF ENTHUSIASM AMONG THE SENATORS OVER COMPETENCY-BASED EDUCATION AND ALLOWING THE USE OF TITLE IV DOLLARS FOR DIRECT ASSESSMENT PROGRAMS.BUT, SEN. WARREN (AND SEN. HARKIN) EXPRESSED CONCERNS ABOUT SOME OF THE NEW DEVELOPMENTS, SUCH AS WHETHER UNIVERSITIES ARE SPENDING THE REVENUE FROM THEIR ONLINE DEGREE PROGRAMS ON IMPROVEMENTS TO THE ON-CAMPUS EXPERIENCE. THEY CLAIMED THAT WHEN THAT HAPPENS, THE STUDENTS PAYING THE ONLINE TUITION NEVER SEE THE BENEFITS OF THE EXTRA MONEY THEY’RE SPENDING.HARKIN IS WORRIED ABOUT A 2-TIER HIGHER ED SYSTEM DEVELOPING. HE SAID, “THE POORER KIDS AND THE KIDS THAT ARE STRUGGLING AND THAT CAN’T AFFORD TO GO AND GET THE KIND OF SOCIALIZATION AND STUFF THAT YOU WOULD GET BY BEING A STUDENT IN A CAMPUS-BASED PROGRAM, THEY THEN PAY MONEY FOR ONLINE COURSES. YOU MAKE A PROFIT FROM THEM… AND THAT IS PUT INTO THE TRADITIONAL-BASED CAMPUSES SO THAT THE STUDENTS THAT ARE MORE AFFLUENT WHO ARE ABLE TO GO TO A CAMPUS… THEN ARE AIDED AND ABETTED BY THE PROFITS MADE FROM THE LOWER-INCOME STUDENTS WHO CAN’T HAVE THAT EXPERIENCE. THAT BOTHERS ME.”THESE PERCEPTIONS ARE CRITICALLY IMPORTANT AND CAN’T BE IGNORED BY INSTITUTIONS, AND PARTICULARLY THE E-LEARNING COMMUNITY, AS REAUTHORIZATION MOVES AHEAD.
  10. VERY LITTLE WILL HAPPEN IN 2014LOOK FOR MORE HEARINGS IN 2014SENATE HELP HEARING ON 3/27 OF STUDENT DEBT LOADHARKIN/WARREN FOCUS ON GRADUATE STUDY DEBT BURDENLOOK FOR CONTINUING FOCUS ON STUDENT LOAN SERVICING, PARTICULARLY BY CFPBTHE MARCH 27 HELP HEARING ALSO FOCUSED ON THE DEPARTMENT OF ED’S OVERSIGHT OF LOAN SERVICING COMPANIES, PARTICULARLY SALLIE MAE.WHEN WILL THERE BE A NEW LAW?HOUSE CHAIRMAN KLINE: A 2014 GOALYOUR GUESS IS AS GOOD AS MINE, BUT HERE ARE SOME THOUGHTSWHILE HOUSE CHAIRMAN KLINE SAID THAT THE HEA IS ONE OF HIS 2014 GOALS, IT IS HIGHLY UNLIKELY THAT BOTH THE HOUSE AND SENATE WOULD GET TO FINAL BILLS AND THEN TO CONFERENCE BY THE 2014 MID-TERM ELECTIONS.DEPENDING ON WHICH PARTY CONTROLS THE SENATE, EITHER DEMOCRAT PATTY MURRAY OF WASHINGTON OR REPUBLICAN LAMAR ALEXANDER WILL BE LEAD THE HELP COMMITTEE SINCE CHAIRMAN HARKIN IS RETIRING AT THE END OF THE CURRENT CONGRESS IN EARLY JANUARY 2015. AND CHAIRMAN KLINE MAY LOOSE THE GAVEL IN THE HOUSE.FINALLY, YOU MAY ASK WHETHER A LAME DUCK PRESIDENT COULD GET ANYTHING DONE IN THE FINAL TWO YEARS OF HIS SECOND TERM? WITH THE GROUNDWORK BEING LAID NOW FOR HEA REAUTHORIZATION IT IS POSSIBLE THAT 2015 OR 2016 COULD SEE A REAUTHORIZATION LAW DURING THE SUNSET OF THE OBAMA ADMINISTRATION. REMEMBER, THE HEOA PASSED IN AUGUST 2008 WHEN GEORGE BUSH WAS A LAME DUCK SO IT CAN BE DONE.
  11. THIS IS AN INITIATIVE OF HOUSE JUDICIARY COMMITTEE CHAIRMAN GOODLATTEGOODLATTE HAS A STRONG INTEREST AND GROUNDING IN TECHNOLOGY AND IP ISSUESRECOGNIZES THE CONVERGENCE OR AT LEAST CO-DEPENDENCY OF TECH AND COPYRIGHTPARTS OF THE DMCA IN PLAY HOUSE PASSED GOODLATTE’S CELL PHONE UNLOCKING BILL IN EARLY MARCHTHE PROCESS OF CRAFTING AN UPDATED COPYRIGHT LAW WILL TAKE SOME TIME. 1909 COPYRIGHT ACT LED TO 1976 COPYRIGHT ACT LARGE COMMERCIAL INTERESTS ON BOTH SIDES PLUS HIGHER EDUCATION’S INTEREST IN THE ISSUES.
  12. THE PROCESS OF UPDATING THE COMMUNICATIONS, TELECOMMUNICATIONS AND CABLE ACTS LAUNCHED BY HOUSE E&C COMMITTEE GOP LEADERSHIPTHE PROCESS OF ACTUALLY PASSING A NEW LAW WILL TAKE MANY YEARS.DEAD IN SENATE COMMERCE COMMITTEE THIS YEAR.
  13. ADMINISTRATION’S NEWEST FOCUS IS ON SHARING OF GOVERNMENT SPECTRUM. IN THE PRESIDENT’S MARCH 2014 ANNUAL ECONOMIC REPORT TO CONGRESS, THE ADMINISTRATION RENEWED ITS COMMITMENT TO SHARING AIRWAVES UNDER FEDERAL GOVERNMENT CONTROL. THE REPORT TALKS ABOUT THE IMPORTANCE OF FEDERAL AGENCIES SHARING THEIR FREQUENCIES WITH INDUSTRY AND MAKING THEM AVAILABLE FOR UNLICENSED USES LIKE WI-FI. “GIVEN THE DRAMATIC SPECTRUM CHALLENGE AND THE FACT THAT MUCH OF THE LOWEST-HANGING FRUIT FOR REALLOCATION HAS ALREADY BEEN PICKED, IT IS ALSO IMPORTANT TO FOCUS ON NEWER AND MORE INNOVATIVE IDEAS. THESE IDEAS INCLUDE NEW ADVANCES IN THE SHARING OF SPECTRUM BETWEEN DIFFERENT USERS, PARTICULARLY BETWEEN GOVERNMENT AND PRIVATE USERS.” ON UNLICENSED USE, THE ADMINISTRATION SAYS: “UNLICENSED SPECTRUM PLAYS AN IMPORTANT ROLE IN THE BROADBAND ECOSYSTEM, ENABLING WI-FI, BLUETOOTH, 'SMART HOMES,' AND MORE, WHICH OPERATE ON UNLICENSED SPECTRUM USING DEVICES WHOSE POWER IS LOW ENOUGH THAT INTERFERENCE AMONG NUMEROUS DEVICES SHARING THE SPECTRUM IS NOT A MAJOR CONCERN. IT ALSO HELPS TO ALLEVIATE SCARCITY IN LICENSED SPECTRUM BANDS.”
  14. LOTS OF HEARINGSDEBATE IS WHETHER THERE SHOULD BE A SINGLE FEDERAL LAW AND STANDARD AND WHETHER STRONGER STATE LAWS WOULD BE PREEMPTED OR NOTI PREVIOUSLY MENTIONED NIST VOLUNTARY CYBERSECURITY FRAMEWORK FOR CRITICAL INFRASTRUCTURE AND THAT COLLEGES AND UNIVERSITIES ARE NOT GENERALLY CONSIDERED CRITICAL INFRASTRUCTURE. UTILITIES, GAS PIPE LINE, TRANSPORTATION, BANKS, CHEMICAL PLANTS, ETC.BUT, BEWARE, BECAUSE INSURERS AND PLAINTIFFS’ LAWYERS WILL EFFECTIVELY TURN THE NIST FRAMEWORK INTO BEST PRACTICES FOR OWNERS AND OPERATORS OF NON-CRITICAL INFRASTRUCTURE.AND REMEMBER THE DEPARTMENT OF ED’S NEW GUIDANCE ON STUDENT PRIVACY WHILE USING ONLINE EDUCATIONAL SERVICES.
  15. ONE BILL THAT ELEARNING OPERATIONS NEED TO PAY PARTICULAR ATTENTION TO IS THE NEWLY INTRODUCED TEACH ACT.INTRODUCED 2/27/14 BY SENATORS WARREN (D-MA) AND HATCH (R-UT).HOUSE COMPANION LAST NOVEMBER BY REP. PETRI (R-WI)DIRECTS THE FEDERAL GOVERNMENT’S ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD TO DEVELOP ACCESSIBILITY GUIDELINES FOR ELECTRONIC INSTRUCTIONAL MATERIALS AND RELATED INFORMATION TECHNOLOGIES IN INSTITUTIONS OF HIGHER EDUCATION.SEN. WARREN: “CURRENTLY, NOT ALL TECHNOLOGIES USED AT COLLEGES AND UNIVERSITIES ARE ACCESSIBLE TO STUDENTS WITH DISABILITIES, EVEN THOUGH NON-DISCRIMINATION LAWS REQUIRE ACCESSIBILITY. FEDERAL NON-DISCRIMINATION LAWS WERE DRAFTED LONG BEFORE THE USE OF ELECTRONIC INSTRUCTIONAL MATERIALS AND OTHER TECHNOLOGIES ON COLLEGE CAMPUSES BECAME WIDESPREAD, AND THEY DO NOT CONTAIN THE PERFORMANCE CRITERIA OR SPECIFICATIONS THAT ARE NECESSARY FOR ACCESSIBLE ELECTRONIC MATERIALS.” THE TEACH ACT “WOULD HELP COLLEGES SELECT AND ADOPT TECHNOLOGIES THAT CAN BE USED BY ALL STUDENTS, AND HELP CREATE A BETTER MARKET FOR ACCESSIBLE TECHNOLOGIES.”
  16. ONE FINAL THOUGHTTO DATE, EVERY LEGISLATIVE CHANGE ENABLING ONLINE LEARNING, INCLUDING TITLE IV ELIGIBILITY FOR DISTANT LEARNERS, HAS HAPPENED BECAUSE A SINGLE COLLEGE OR UNIVERSITY HAD A DEPARTMENT OF EDUCATION PROBLEM THAT IT SOLVED BY SECURING A CHANGE IN THE HIGHER EDUCATION ACT THAT FAVORABLY RESOLVED IT.THERE IS NO ENTITY IN WASHINGTON WHOSE MISSION IS TO REPRESENT THE INTERESTS OF THE HIGHER EDUCATION E-LEARNING AND TECHNOLOGY COMMUNITY. THERE IS A SPOKESMAN FOR K-12 E-LEARNING AND TECHNOLOGY: INICHOLTHE CLOSEST FOR HIGHER ED WAS EDUCAUSE. IT WAS VERY EFFECTIVE BUT HAS ABANDONED THE POLICY ROLE.THE LESSON ISGET INVOLVEDBE PROACTIVEDON’T ASSUME SOMEONE ELSE WILL DO IT OR THAT CONGRESS OR THE DEPARTMENT WILL LOWER EXISTING BARRIERS AND NOT ERECT NEW ONESSTATE AUTHORIZATIONON THAT HAPPY NOTE, QUESTIONS?