This document provides an overview of the federal policy context relevant to digital badges. It discusses how various federal agencies and policies can affect badge development and scaling. Key areas discussed include competency-based education, personalized learning, workforce credentialing, equity of access, and privacy. The document also summarizes the federal role in K-12 and higher education as well as major education bills and initiatives. It concludes with considerations for strategic advocacy to influence federal policy in support of badges.

1. Policy 101:
Policy Context for
Badges
December 4, 2014
Danica Petroshius, Principal
Kara Marchione, Vice President
Rich Stombres, Vice President
Penn Hill Group

2. 2
Federal Education Policy Affects
Badges
• Federal policies can affect the
development and scaling of badge
systems, both positively and
negatively
• Related activity occurs across the
federal government:
• Congress: U.S. House of
Representatives and U.S.
Senate
• White House
• U.S. Department of Education
(ED)
• U.S. Department of Labor (DOL)
• Federal Communications
Commission (FCC)
• Federal Trade Commission
(FTC)
• Several current policy
categories affect badges within
the K-12 and Higher Education
spaces:
• Competency-based
education
• Personalized learning
• Learning/career pathways
• Workforce-/industry-based
credentialing
• Equity of access to tech
infrastructure
• Internet safety and privacy
policy

3. • Education is primarily a state and
local responsibility.
• Federal funding accounts for
about 10 percent of national
education expenditures.
• Federal influence over K-12
education is substantial, despite
funding levels.
• Most federal education programs
focus on providing opportunities
for specific student populations
and strategies/reforms.
3
Overview of Federal Role in K-12
Education
President Jimmy Carter standing to
the left of Shirley Hufstedler, the first
U.S. Secretary of Education from
1979 to 1981.

4. Higher Education
• The federal government has an
enormous influence on access to
higher education due to the
billions in Pell Grants and federal
student loans it provides for
students.
• However, it has less influence
over institutions’ quality of
education services and
accountability.
4
Overview of Federal Role in Higher
and Early Education
Early Education
• The federal government supports
a patchwork system mostly
focused on access for the poorest
kids.

5. • The Elementary and Secondary
Education Act (ESEA), currently the No
Child Left Behind Act of 2001, was first
passed in 1965 as a part of President
Johnson’s War on Poverty.
o Title I is the aid program for
disadvantaged students
• The Higher Education Act (HEA) began
in 1965 under President Johnson’s Great
Society agenda and was most recently
reauthorized as the Higher Education
Opportunity Act in 2008.
o Includes Pell Grants and federal student
loan programs
5
Core U.S. Dept. of Education Bills

6. • The Individuals with Disabilities Education Act (IDEA) addresses
education needs of children and students with disabilities from ages 3
to 18 or 21.
o Includes early intervention and special education
• The Carl D. Perkins Career and Technical Education (CTE) Act
began in 1984 to increase the quality of technical education in the U.S.
o The 2006 reauthorization increases focus on strengthening K-12 and
postsecondary connections and improving state and local
accountability
6
Core U.S. Dept. of Education Bills

7. 7
Core U.S. Dept. of Education Bills
• The Family Education Rights and Privacy Act (FERPA) began in
1974 and affords parents the rights to access their children’s education
records, to have the records amended, and to consent to the disclosure
of personally identifiable information (PII)
• In February 2014, the Department released a guidance to clarify
FERPA requirements and best practices related to use of software,
mobile apps, and web-based tools
• In July 2014, the Department
released a guidance for districts and
other educational organizations on
how to keep parents better informed
about data collected on students
• In October 2014, major education
technology service providers
released a pledge to convey industry
commitments to safeguarding
student privacy

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How U.S. ED Bills Relate to Badges –
Competency-Based Education
• Competency-based education is when time is variable rather than fixed and
students progress through their learning paths as they demonstrate
proficiency or mastery of skills
• Badge-like systems are needed for competency-based education because
they are a tool for capturing and conveying student competencies
• Recent ESEA and HEA bills introduced have contained language for
enabling competency-based education programs
• Competency-based policy activity has been targeted more toward higher
education than K-12, but postsecondary policies can drive action in the
K-12 space as well
badges = digital representations
of a skill or achievement

9. 9
How U.S. ED Bills Relate to Badges –
Student Data and Privacy
• Student data is central to badges and badge systems
– data needs to be collected, analyzed, and shared
across learning networks in a manner that does not
limit students’ opportunities to learn and convey what
they have learned
• Privacy policies that govern the use of student data
and student access to digital tools strongly influence
the structure and scale of badge systems
• There is increasing federal activity around student
data privacy policies, which may result in changes to
privacy laws with unforeseen consequences that
could be negative for badges
• Advocates from the badge community are important
voices to add to privacy policy conversations because
the outcomes will shape the digital learning
environment for years to come

10. • The Workforce Innovation and Opportunity Act (WIOA) is the
2014 reauthorization of the Workforce Investment Act (WIA).
o Funds job training and adult education programs
o Job Corps offers free education and employment training for
youths ages 16-24
10
Core U.S. Dept. of Labor Bills

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How Core U.S. DOL Bills Relate to Badges –
Career Pathways and Workforce-Credentials
• Badges can help learners create and navigate pathways that are driven by
their interests and connected to college- and career-related goals
• Unlike more traditional forms of credentialing, badges offer industries a
mechanism to issue credentials truly aligned with the skills they seek
For example, the
Manufacturing Institute uses
badges to define skills
important to the industry
• WIOA aims to improve the national workforce
preparation and employment system so it is
designed to meet both the needs of
businesses and the needs of job seekers
• The fact that WIOA language highlights
credential portability and the ability to stack
credentials means badges could be a
perfect fit. It will be necessary to follow the
Department’s regulations of WOIA to see if
there are opportunities for comment to build
in badges.

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Core Federal Communications
Commission Bill
• From the Telecommunications Act of 1996, the FCC oversees the
Schools and Libraries Program known as E-Rate, which provides
financial support for schools and libraries to adopt broadband and other
digital infrastructure services
• In August 2014, the FCC released an E-Rate Modernization Order
to expand access to funding for wi-fi networks and transition away
from non-broadband technologies
• In November 2014, the FCC announced intent to raise the funding
cap for E-Rate by $1.5 billion (from $2.4 billion to $3.9 billion)

13. • The Children’s Online Privacy and Protection Act (COPPA) is a
federal law passed in 2000 that governs the participation of young
children in online activities.
• It requires a website provider to obtain “verifiable consent” from a
parent or guardian for the participation of any child under age 13.
• It mandates what must be included in the website’s privacy policy for
young people and describes the responsibilities the operator has to
protect children’s privacy and safety online, including restrictions on
marketing.
13
Core Federal Trade Commission
Bill

14. • When Congress passes a bill and the President signs it into law, it is
usually only “authorized” temporarily.
• Reauthorization is when Congress passes the bill again with changes,
such as adding or deleting programs or provisions under the bill.
• In recent Congresses, a few education bills have been fully
reauthorized, but others remain funded through continuing resolutions
or budget deals.
14
What is Reauthorization?

15. 15
Reauthorization Delays
Statute Reauthorization Due
Elementary and Secondary Act (ESEA) 2007
Education Sciences Reform Act/Educational
Technical Assistance Act
2008 (Likely to be reauthorized in
2014)
Individuals with Disabilities Education Act
Part B—permanently authorized
Parts C and D—2010
Perkins Career and Technical Education Act 2012
Head Start Act 2012
Higher Education Act 2014 (Title II expired in 2011)

16. 16
Federal Budget Process
• Each year, Congress is supposed to
pass 12 appropriations or
spending bills, including the Labor-
Health and Human Services-
Education bill, for the next fiscal year.
FY15 is October 1, 2014 to
September 30, 2015.
• President Obama released his FY15
budget request last March (one
month late).
• While appropriations committees and
both the House and Senate passed
various spending bills over the spring
and summer, they were unable to
complete the budget process. Neither
committees passed the Labor-HHS-
ED bill.

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Federal Budget Process
• Before October 1, Congress passed
a short-term continuing resolution
(CR) to fund the government until
December 11, 2014. Without the CR,
there would have been a
government shutdown like the one
last fall.
• Continuing resolutions have pros and
cons. With CRs, programs do not
change. However, programs usually
do not lose (nor gain more) funding.
• Congress has to take legislative
action by December 11 to fund the
government or face another
shutdown.

18. The 114th House
Source: National Journal Research; CNN Election Center; New York Times.
Analysis
• Republicans won a total of at least 244 seats in the House, their largest majority since 1928
• An expanded GOP majority in the House means that Speaker Boehner will have an easier time passing
legislation in the House without Democratic support, and Republicans will also have an easier time holding on to
their majority in future elections
Control of the 113th House (2012-2014)
Democratic
Republican
Vacant
Undecided*
Control of the 114th House (2014-2016)
AK
Total Seats
Democrats: 188
Republicans: 244
Undecided: 5
188 244
* Races not called as of 11/13/2014; includes runoff elections to be held in LA-5 and LA-6
AK
Total Seats
Democrats: 199
Republicans: 233
Vacancies: 3
199 233

19. The 114th U.S. Senate
Source: National Journal Research; CNN Election Center; Associated Press; NBC News.
Analysis
•Having won most of this year’s competitive races, Republicans secured at least 53 Senate seats on election night,
flipping the Senate from blue to red
•Additional GOP win in Louisiana is still possible
•If Republicans eventually expand their majority to 54 seats, they will have an easier time passing legislation in the
Senate because they will need fewer Democratic defections to overcome filibusters (which require a 60 vote
supermajority)
Control of the 113th Senate (2012-2014)
Democratic
Republican
Independent
Undecided
Control of the 114th Senate (2014-2016)
Total Seats
Democrats: 44
Republicans: 53
Independents: 2
Undecided: 1
44 53
Total Seats
Democrats: 53
Republicans: 45
Independents: 2
53 45

20. • After midterm elections and
upcoming retirements this year,
leadership in the House and
Senate education and
appropriations committees will
change
• Even though Republicans took
control of the Senate, Democrats
still have some power, especially
with the Presidency
• Over the past years, Obama has
been issuing executive actions and
introducing or renewing interest in
his own initiatives, including those
with public-private partnerships.
20
A Changed Congress

21. • ESEA Waivers
• Regulations (Gainful
Employment)
• Appropriations (ELO,
RTT, i3)
21
Current Activity:
Policy by Mischief

22. • In 2011, the Administration began to give NCLB flexibility waivers of core requirements of the
law (such as 100% student proficiency in math and reading by 2014) if the state adopted
certain education ideas and policies.
• 42 states, DC, Puerto Rico and 8 CORE districts in California received waivers set to expire at
the end of the 2013-2014 school year
• Most states have received one-year extensions, mostly for teacher evaluation systems.
• Both Democrats and Republicans have criticized these waivers.
22
Major Obama Initiatives:
ESEA Waivers & Flexibility

23. • The ConnectED initiative aims to:
o Connect 99% percent of America’s
students to broadband and high-
speed wireless in schools and
libraries
o Improve teacher professional
development to equip them with up-
to-date technological skills
o Encourage private-sector investment
23
Major Obama Initiatives:
Technology in Education
• In May 2014, the White House released
a report entitled “Big Data: Seizing
Opportunities, Preserving Values”
• It acknowledges the importance of
technology and data for learning,
particularly for the purpose of
personalizing learning
• It acknowledges the potential
negative uses of student data when
collected for purposes other than
learning
• ConnectEDucators would provide
technology training to teachers to promote
personalized learning and improve
college- and career-ready education
The President request $200 million for
FY15

24. • Under the Obama Administration, the Dept. of Education has held a number of competitive
grant programs, both for states, school districts and non-profit organizations.
o Investing in Innovation Fund (i3) grants districts, or non-profits in partnership with
districts, funds to expand and improve programs with an evidence-based record of high
student achievement in high school graduation and college enrollment and completion.
o Race to the Top (RTT) is the brand for a number of competitive grants to states to spur
innovation and state education reform.
 The focus of the competitions have been on teacher quality, standards and
assessments, turning around the lowest performing schools, data systems, educational
equity and opportunity
24
Major Obama Initiatives:
Innovation in Education

25. • Obama set two national goals for college completion:
o By 2020, the U.S. will have the highest proportion of college graduates in the
world.
o Community colleges will produce an additional 5 million graduates.
• There is also focus on adults returning to education.
25
Major Obama Initiatives:
College Affordability
• The Administration is working on
a College Ratings System that
would rank all colleges on
factors such as graduation rates,
student debt accumulation and
repayment, and student
earnings after graduation.
• Obama issued an executive
order this summer on student
debt repayment and loan
forgiveness.

26. • Early childhood education and care
• Higher standards, such as career- and
college-readiness
o Common Core
• Accountability, evidence and flexibility
• Expanded learning, summer school and
afterschool programs
• Digital learning, blended learning,
personalized learning and new technologies
o Student Privacy
• Measuring learning outside of the classroom
(work-based or non-credit hour credentials)
• Career and jobs training
• Quality teacher and school leader
preparation
• College affordability
26
Notable Trends in Education

27. • In the 114th Congress, which begins January 2015, lawmakers will focus on
reauthorizing ESEA and HEA.
• Obama has made early education and higher education priorities in his
Administration.
• With a new makeup of Congress, President Obama and congressional leadership
have more opportunity to further education policy in the next two years.
27
What’s Next?

28. 28
Why should you attempt to
influence federal policy?
Why is it important to understand
federal policy?
Strategic Advocacy

29. 29
Strategies
• Outreach to Congress
• Outreach to Administration
• Outreach to Key Washington-Based
Organizations
• Communications
• Continuous Research and Data Production
Tools
• Clear Policy Platform
• Strong Rationale/Data
• Knowledgeable
Messengers
• Strategic Nimbleness
Core Elements of a Successful
Legislative Strategy

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Policy Principles to Allow,
Support, and Expand Badges
1. Innovation: Support the research, development and implementation of
innovative approaches that open doors to delivering, assessing, and counting
learning
2. Student-centered learning: support strategies to capture and convey learning
anytime, anyplace and at any pace both in- and out-of-school as well as online
and offline based on a student’s needs and interests
3. Partnerships: encourage effective partnerships among student learning
networks across institutions of learning, including schools, colleges, out-of-school
learning providers and employers
4. Digital literacy: promote digital literacy skills as a part of 21st century and
workforce-readiness skills that are critical for all learning network participants,
including youth, educators and parents

31. 31
Policy Principles to Allow,
Support, and Expand Badges
5. Trusted environments: protect student privacy and student safety online while
advancing the positive potential of technology as a tool for learning
6. Equity of access: ensure that all learners have access to learning pathways
enabled by digital tools
7. Standards: support strategies to understand the disconnect and better connect
job performance standards with offerings at institutions of higher education
8. Lifelong learning: promote continuous learning that does not stop when formal
education is completed
9. Civic engagement/learning: promote participatory civic engagement/learning
and digital citizenship as a goal of learning systems

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Going Forward
• Review the badges policy principles document
• Consider if and how these principles will open doors for and/or protect
badge opportunities
• Come to an understanding of how to move policy forward around these
levers
• Determine areas of highest priority that
align to your work
• Contribute to a broader movement of
advancing the policy principles as a
whole