|     THE STATE 
      EDUCATION DEPARTMENT / THE UNIVERSITY 
      OF THE STATE OF NEW YORK / ALBANY, NY 12234 | 
 
| TO: | The Honorable the Members of the Board of Regents  | 
| FROM: | Diana M. 
      Hinchcliff, Director, Office of Governmental 
      Relations   | 
| SUBJECT: | Proposed 
      Regents State and Federal Priority Legislation for 
      2007   | 
| DATE: | August 25, 2006   | 
| STRATEGIC 
      GOAL: | Goals 
      1-6   | 
| AUTHORIZATION(S): |     | 
 
 
Issue for Decision
 
          
Regents state and federal priority legislative proposals for 2007. 
          
 
 
          
At the last Board of Regents meeting the Regents discussed the proposed 
list of 2007 federal and state legislative priorities.
 
Proposed Handling
 
          
The Regents will be asked to approve a final list of legislative 
priorities at the September meeting. 
 
Procedural History
 
Each year the Regents identify policy issues that will require legislation for implementation. Some are carried over from the previous year and some are new. Those requiring a state appropriation are included in SED’s budget proposal. The others are proposed for introduction during the legislative session.
 
 
This item includes a one-page justification for each proposed priority legislative issue, preceded by a list of priorities by program area separated into state and federal. Congress recently reauthorized the Carl D. Perkins Vocational & Technical Education Act, and that issue has been removed from the preliminary list.
 
Recommendation
 
          
Approval of 2007 Regents priority legislation. 
 
 
2007-2008 REGENTS PRIORITY LEGISLATION BY 
LEVEL AND PROGRAM OFFICE
 
                                                                                                              
        
STATE
 
Cultural Education
 
New York Knowledge Initiative............................................................. 
Page 
1
Museum Education.................................................................................... 
Page 2
 
EMSC & 
VESID
 
Early Childhood Education (also 
Federal).................................................... 
Page 
3
IDEA 
Reauthorization Conforming Legislation ............................................. 
Page 4
State Aid 
Proposal ............................................................................. 
Page 5
Streamline 
School Planning And Reporting Requirements............................. Page 
6
 
Higher Education
 
Fee For Accrediting Institutions Of Higher 
Education..................................... 
Page 7.......................................................................................................................... 
Increased Access 
To College For Students With Disabilities......................... Page 
8
Allow Retired Teachers To Teach In Shortage 
Subjects Without A Salary Cap Page 
9
 
 
Professions
 
Enforcing Prosecution Of Illegal 
Practice............................................. 
Page 10      
Update The Public Accountancy Statute.................................................... 
Page 11
 
 
FEDERAL
 
Cultural Education
 
Funding For The Corporation For Public 
Broadcasting................................ Page 
12
Funding For American History Grants....................................................... 
Page 13
Funding For The Library Services And 
Technology Act .............................. Page 
14
Funding For The Public Telecommunications 
Facilities Program ................. 
Page 15
Funding For Ready To Learn and Ready To 
Teach ................................... 
Page 16
Funding For US Department Of Agriculture 
Rural Utilities Service ............... 
Page 17
 
EMSC & VESID
 
Early Childhood Education (see State 
item)............................................... 
Page   
3
E-rate (crossover with Cultural 
Education)................................................. 
Page 18
Reauthorization Of The No Child Left Behind 
Act ...................................... 
Page 19
Reauthorization Of The Workforce Investment 
Act .................................... 
Page 20
 
Higher 
Education
 
Reauthorization Of The Higher Education Act 
    Page 
21
 
 
 
 
 
2007-2008 REGENTS PRIORITY 
LEGISLATION
 
 
JUSTIFICATION FOR 2007-2008 REGENTS PRIORITY 
LEGISLATION
 
 
Short Title:  New York Knowledge 
Initiative
 
Level: STATE
 
Program Office: Cultural Education
 
Brief Description:  The previous proposal was called New Century 
Libraries. It has been recast to feature libraries as knowledge centers and 
community spaces providing information. NOVEL (New York Online Virtual 
Electronic Library) provides library information resources for innovation, 
achievement, workforce development and economic growth, thus helping New York’s 
high school, college and university students graduate prepared to take their 
place in math, science, medicine and technology fields.   NOVEL is like the research and 
reference departments in a local library but online. Students, business people, 
faculty, researchers and the general public use NOVEL to get full-text books, 
journals, magazines, newspapers, encyclopedias and R&D information tools 
such as peer-reviewed research journals, web databases and math, science, 
medicine and technology reference materials.  SED gets a small amount of federal 
temporary funds for NOVEL but needs $10 million in the 2007-08 state budget. 
This money will buy quality R&D and K-16 knowledge databases and science, 
technology, engineering and medicine resources and provide grants to public and 
school library systems for the latest Internet connections and high-speed 
network access. 
 
In addition, the $14 million the legislature 
appropriated for library capital construction projects and the $3 million for 
library system aid in the 2006-2007 budget should be made a permanent part of 
the state’s annual budget. 
 
Legislative History:   2001-2002: First introduced in the 
legislature. Senate bill left in Education Committee. Assembly bill left in Ways 
& Means Committee. 2003-2004: Senate bill left in Education Committee. 
Assembly bill left in Ways & Means Committee. 2005-2006: Senate bill left in 
Education Committee. Assembly bill left in Library & Education Technology 
Committee. 2007-2008 budget includes funding for library construction and system 
aid.
 
Justification:   
New York’s colleges and universities often are unable to provide 
state-of-the-art information resources to attract top faculty and students and 
support research, innovation and economic growth.  At the same time, the achievement gap 
continues to impact the ability of New York’s students to take their place in 
the global workforce and economy.  
Both of these factors challenge New York at a time when states must 
compete more intensely than ever to retain jobs and attract business.  
 
Libraries deliver 
resources directly to universities, schools and communities and have skilled 
staff to guide students, faculty, researchers and the general public in their 
use.  Other states fund online 
library programs and have dramatically increased the purchasing power of their 
participating institutions. Examples: New Jersey, $6 million; Virginia, $13.4 
million; Ohio, $6.3 million; Alabama, $3.5 million; and North Carolina, $4.6 
million.  
 
A $1.7 billion 
statewide need for public library renovation and construction remains. New York 
is outranked in state support for public library construction by such states as 
Florida ($5.4 million), Georgia ($4.7 million), Illinois ($2.9 million), 
Massachusetts ($16.4 million) and Rhode Island ($2.1 million). 
 
 
 
Short Title:  Museum Education 
Act
 
Level: STATE
 
Program Office: Cultural Education
 
Brief Description:  $30 million funding request 
for standards-based K-12 educational programs by museums, historical societies 
and performing arts institutions, either at the institutions or in the schools. 
$20 million would be used to fund these entities according to a formula based on 
contact hours and to add administrative staff. $5 million would be for 
competitive grants targeting initiatives that address areas of particular need, 
e.g. science, math and under-resourced schools. An additional $5 million would 
fund competitive grants to performing arts institutions for creative initiatives 
to expand access and raise the quality of their K-12 educational programs. The 
grant program would be administered by the New York State Council on the Arts. 
To be eligible for support, the 
applying institutions would have to have their curricula certified for quality 
and alignment with the learning standards by either the BOCES superintendent or 
the school district superintendent or their designated staff. Yearly reports would provide benchmark data to evaluate 
this initiative’s impact.
 
Legislative History: New in 2007.
 
Justification: Many museums already have aligned their 
offerings with the state learning standards and provide pre-visit material and 
training for teachers as well as follow-up lesson plans. The range of programs 
offered in various areas of science, history, and the arts is vast and adapted 
to all age groups. Museum education focuses on object-based learning, 
confronting the "real thing", the primary resource from which analysis of 
meaning, interpretation and comparisons can be made. The programs are usually 
active ones, with students examining and analyzing artifacts, specimens, works 
of art or documents. They contrast the characteristics of various species from 
skeletal characteristics, identify ancient fossils and create their own artifact 
or art in the mode or form of the culture and time they are studying. Performing 
arts institutions also promote learning from primary sources: live performances. 
They introduce students to the various disciplines through both analysis of form 
and substance and attendance at productions after studying the work. The major 
arts institutions' programs are already aligned with the standards. The purpose 
of this kind of learning is to bring knowledge to life and motivate students to 
want to know more. It also introduces them to rich resources and skills for 
independent learning that they can use throughout their 
lives.
 
 
Short Title:  Early Childhood 
Education
 
Level: FEDERAL and 
STATE
 
Program Office: EMSC & VESID
 
Brief Description:
·       
Federal: Head Start increases the school 
readiness of young children in low-income families. Reading First helps states and school 
districts establish high quality, science based K-3 comprehensive reading 
programs, provides professional development for teachers and uses ongoing, valid 
and reliable screening, diagnostic and classroom-based assessments. 
 
·       
State: 
Proposal would provide funding for full-day kindergarten and lower the 
compulsory school age to 5.  This 
initiative is included in the state aid proposal for fiscal year 
2007-2008.
 
Legislative History: Federal: Head Start is overdue for reauthorization. 
A bill has passed the House but not the Senate. Funding for Reading First 
is through the annual appropriations 
process in Congress.  State: First year for this 
proposal.
 
Justification: How a child reads at the end of first grade 
predicts with 88% reliability how the child will read at the end of third 
grade.  The knowledge and skills 
acquired by age 6 correlate positively with later academic success in school and 
in life.  The National Institute for 
Early Education Research found that high quality full-day kindergarten provides 
children with a greater degree of academic and social/emotional success.  A study by Denton, West and Watson found 
that students had higher reading skills when they participated in full-day 
kindergarten.  Lee and Burkum, from 
the University of Michigan, found that children who attended full-day 
kindergarten learned more literacy and math than children who attended half-day 
classes. Early education has strong economic benefits reflected in lower dropout 
rates and less need for special education or remedial programs.  
 
Federal: 
·       
Reading First 
has made resources available to schools for improving young children’s literacy 
and provided high quality research to states.  Indicators from state programs show 
significant increases in students’ levels of literacy and learning. 
 
·       
Head Start’s 
funding should be made available for state pre-kindergarten initiatives rather 
than, as currently, a separate program.  
While Head Start has provided needed services to children and families, 
the field of early education has changed drastically. Over 46 states now have 
pre-kindergarten programs.  The 
system for delivering early childhood education has changed and Head Start 
should be reconfigured accordingly.
 
State:
·       
The Board of 
Regents adopted an early education policy in January 2006 on the premise that 
providing children with early and high quality early education programs is 
essential to meet the needs of a global community.  
 
 
 
Short Title:  IDEA Reauthorization Conforming 
Legislation
 
Level: STATE
 
Program Office: VESID
 
Brief Description:  Would amend state law relating to special education 
services to conform to final federal regulations implementing the federal 
Individuals with Disabilities Education Act (IDEA) as reauthorized in 2004.  Amendments needed regarding: Committee 
on Special Education and Committee on Preschool Special Education; discipline of 
students with disabilities; special education services for children placed in 
nonpublic schools by their parents; evaluations and eligibility determinations 
for special education; due process procedures, including resolution sessions, 
mediation, impartial hearings and appeals; Commissioner’s Advisory Panel for 
Special Education; interagency dispute mechanisms; and data collection and 
reporting.  
 
Legislative History: 2005 & 2006: Legislature passed a bill 
each year that extended a statutory sunset by one year and with some exceptions 
represented SED’s proposal.  The 
bills were passed as temporary legislation pending adoption of federal 
regulations implementing IDEA.  The 
2006 bill will expire on June 30, 2007.  
 
Justification: Once the final federal IDEA implementing 
regulations are adopted and the federal government clarifies certain provisions 
of the amended IDEA, SED must have a permanent amendment to state law that 
conforms to the regulations. States’ statutes must be in compliance with IDEA by 
July 1, 2007.
 
 
 
Short Title:  State Aid 
Proposal
 
Level: STATE
 
Program Office: EMSC
 
Brief Description:  Creates foundation formula for equitable 
distribution of aid based on need.
 
Legislative History: First proposed in 2004. Not introduced in 
either house in 2004, 2005 or 2006.
 
Justification: The Regents 
State Aid Proposal replaces the current state aid system with an easily 
understood foundation formula based on what successful school districts spend to 
educate children. The foundation amount is adjusted to recognize regional cost 
differences and differences in pupil needs. 
 
The formula has four working parts:
 
· A foundation amount that represents the cost of meeting the standards in successful school districts.
· A regional cost index that adjusts the foundation amount for regional variations in cost to provide the same purchasing power for each dollar of state aid.
· A pupil need index that adjusts the foundation amount to provide more state aid to school districts with concentrations of student poverty.
· An expected local share that recognizes a fair local share of the adjusted foundation amount for each district.
 
The formula 
provides an adequate amount of funding for students to meet state learning 
standards and requires uniform tax effort for districts of similar wealth. In 
addition, it includes a system of accountability measures to ensure school funds 
are spent efficiently and effectively.
 
 
 
Short Title:  Streamline School Planning And Reporting 
Requirements
 
Level: STATE
 
Program Office: EMSC & VESID
 
Brief Description:  Would eliminate, reduce or combine 
duplicative and burdensome separate reports and plans that school districts are 
required to produce. SED would use a comprehensive data collection and planning 
system to satisfy statutory reporting requirements. 
 
Legislative History:  2004: Sent to the legislature but not 
introduced. 2005: Passed Senate. Not introduced in Assembly. 2006: Passed 
Senate. Introduced in Assembly and left in Education 
Committee.
 
Justification:  School districts 
are required to submit 150 plans, applications and reports to the State 
Education Department each year, primarily as a result of requirements in federal 
and state laws and Commissioner’s regulations.  Many contain duplicative information and 
many do not take advantage of streamlined electronic reporting systems that 
improve the quality and accuracy of the information.  A few reports are outdated but still 
mandated even though they have been replaced by new requirements based on new 
laws and systems.  This proposal 
would provide much needed mandate relief to school districts, freeing them to 
use more human and fiscal resources for teaching and learning, and would result 
in improved information essential for strong accountability in the use of public 
tax dollars.
 
 
 
Short Title:  Fee For Accrediting Institutions Of 
Higher Education
 
Level: STATE
 
Program Office: Higher Education
 
Brief Description:  Would authorize SED to charge fees to meet 
the costs of voluntary reviews of 
colleges and universities seeking institutional accreditation by the Board of 
Regents.
 
Legislative History: Submitted to the legislature for first time 
in 2006. Not introduced in either house.
 
Justification: The Board of Regents is the only state 
entity recognized by the U.S. Department of Education as a national 
accreditation body for institutions of higher education.  Institutional accreditation is necessary 
so students can get federal financial aid (Pell grants and guaranteed student 
loans). Institutional accreditation focuses on 
institutional policies and on the qualitative effectiveness of an institution as 
a whole, particularly with respect to promoting student achievement and 
development.
 
The accreditation 
process requires that SED staff: conduct peer review visits to the institution 
and organize visits by outside experts; prepare reports and other materials; 
coordinate and attend meetings of the Regents Advisory Council on Institutional 
Accreditation; and work with the institution following the decision on whether 
to accredit.  SED currently absorbs 
the cost for this work.  
 
The Regents provide 
the state’s higher education institutions with a cost-effective alternative for 
demonstrating to the U.S. Department of Education that they meet the quality 
standards for participation in the federal student financial aid programs.  The Middle States Association of 
Colleges and Schools annual fee can range from about $1,000 to $18,000 a year 
depending on the size of the institution.   Twenty-six of New York’s colleges 
and universities have elected to use the Board of Regents as their accrediting 
body instead of Middle States. In some cases, institutions of higher education 
will have a specialized mission (e.g. graduate education, theology or business) 
and feel the Middle States model may not be appropriate for them. Some 
institutions prefer the consistency of standards between New York’s program 
registration requirements and its accreditation standards. This is especially 
true for institutions newly chartered by the Board of Regents.   
 
SED would charge 
less than Middle States’ fees. The fees would correspond with the size of the 
institution.
 
 
 
Short Title:  Increased Access To College For Students 
With Disabilities
 
Level: STATE
 
Program Office: Higher Education & 
VESID
 
Brief Description:  Would establish a $15 million funding 
program in the first year and up to $30 million for the next four years to help 
colleges serve students with disabilities. The funds could be used to provide 
assistive technology for disabled students, professional development so faculty 
could better meet the students’ learning needs, and ensure that appropriate 
academic and counseling support services are available to help improve disabled 
students’ success in their academic programs.
 
Legislative History: 2001: Submitted to legislature; not 
introduced. 2002: Left in Assembly Higher Education Committee. Not introduced in 
Senate. 2003-2004: Senate bill left in Finance Committee. Assembly bill left in 
Ways & Means Committee. 2005-2006: Senate bill left in Finance Committee. 
Assembly bill left in Higher Education Committee. 
 
Justification:  
In 2004 over 40,000 students with disabilities in New York state colleges 
and universities identified their disability to their colleges. There are 
limited dedicated funds to enable students with disabilities to pursue higher 
education. Most disabled students have only the same funding sources available 
as students without disabilities.  
Yet, the cost of accommodations to level the playing field make it cost 
prohibitive for some colleges and universities to actively recruit students with 
disabilities.  Students are often 
forced to choose a college based on the support services it can provide instead 
of on academic programs.  The result 
is that students with disabilities have more limited options than their 
non-disabled peers.
 
The cost for 
accommodations and services is not covered by tuition and other student 
fees.   For example, an 
adaptive computer system can cost $3,000. Other accommodations such as 
interpreter services for a deaf student can be about $40,000 per academic year. 
One campus reports that the cost of captioning services for a deaf student could 
be as high as $1,000 per week.  An 
entire college campus’ disability support budget for the year can be spent on 
just a few students.  Finally, there 
is no funding for professional development to help college faculty meet the 
learning needs of students with disabilities on their 
campuses.
 
Representatives 
from SUNY, CUNY, the independent colleges and universities and the 
degree-granting proprietary colleges in conjunction with the Board of Regents 
have made a commitment to remedy this inequity. This proposal would help 
colleges improve their ability to serve these students. The funds would be used 
to implement the recommendations of the Task Force on Postsecondary Education 
and Disabilities (http://www.suny.edu/disabilities/taskforce/report) 
with an emphasis on helping colleges increase enrollment and academic success of 
students with disabilities.
 
 
 
Short Title:  Allow Retired Teachers To Teach In 
Shortage Subjects Without A Salary Cap
 
Level: STATE
 
Program Office: Higher Education
 
Brief Description:  Remove statutory pension salary cap to allow 
teachers certified in shortage subjects who have been retired for at least one 
year to return to teaching for up to two years (up to 5 years if approved by the 
state Commissioner of Education or Chancellor of the New York City Department of 
Education) while continuing to receive their retirement 
benefits.
 
Legislative History: 1999-2000: First submitted to legislature. Not 
introduced in either house. 2001-2002 & 2003-2004: Senate bill left in Civil 
Service and Pensions Committee. Not introduced in Assembly. 2005: Not introduced 
in either house. 2006: Modified proposal and resubmitted. Not introduced in 
either house. 
 
Justification: There is a current and projected shortage of 
qualified, certified teachers in specific subject areas and specific urban and 
rural schools and districts throughout New York.  Schools under registration review and 
other low performing schools with challenging teaching environments have 
historically had difficulty attracting qualified teachers.   For both urban and rural 
hard-to-staff schools, the challenge is to find ways to attract candidates with 
teaching certificates to schools that cannot offer the salaries available in 
higher wealth school districts. The challenge is also to find enough individuals 
with the specialized skills needed in shortage subjects such as bilingual 
education, English to speakers of other languages, mathematics, the sciences, 
special education and technology education to meet the needs of school districts 
statewide.  
 
Other states facing 
similar teacher shortages draw on the pool of retired persons who hold teaching 
certificates.  As many baby boomers 
reach retirement age, the number of recently retired teachers will 
increase.  Many retired teachers 
return to work in the private sector or in other state or federal systems where 
there are no caps on the salaries they can earn while receiving their retirement 
benefits.  Many of them would return 
to teaching in New York if the salary cap were lifted.  
 
This proposal would 
apply only to teachers who are certified to teach in shortage subjects and would 
be available only to schools with shortages of certified teachers.  Retired teachers would be able to return 
to teaching without the salary cap for 2 years.  The state Commissioner of Education or the 
Chancellor of the New York City Department of Education could extend the 
teaching term to 5 years.  
 
 
 
Short Title:  Enforcing Prosecution Of Illegal 
Practice
 
Level: STATE 
 
Program Office: Professions
 
Brief 
Description:  Would give SED authority to charge 
licensees a $10 fee 
every three years to fund the prosecution of illegal practice. 
 
Legislative History:  2004: Asked legislature to include in 
2004-2005 budget. Unsuccessful. 2005-2006: Assembly bill left in Higher 
Education Committee. Not introduced in the Senate. 
 
Justification: Illegal practice hurts licensed 
professionals, jeopardizes SED’s ability to oversee and regulate the safe 
practice of the professions and puts the public at great risk. Chapter 615 of 
the Laws of 2003 gave the State Education Department the authority to prosecute 
illegal practice. For the first time, SED was authorized to issue cease and 
desist orders targeting unlicensed persons.  However, the law does not contain any 
provision for funding SED’s expense to prosecute. Prior to the law, the Office 
of Professional Discipline investigated allegations of illegal practice and if 
they were substantiated referred those cases to the attorney general’s office 
for further action. Because of the higher standard of proof required in criminal 
cases (beyond a reasonable doubt) and stronger resource demands, very few of 
those cases were criminally prosecuted successfully. SED has not been able to 
hire the staff and buy the equipment it needs to implement the law and so the 
Office of Professional Discipline can still only investigate allegations of 
illegal practice and refers the most egregious cases to the attorney general’s 
office for prosecution.
A $10 surcharge on 
each triennial registration and re-registration fee currently assessed on Title 
VIII professionals would give SED an adequate revenue stream to implement the 
law. The surcharge is supported by a coalition of associations representing 
750,000 professionals. 
 
 
 
Short Title:  Update The Public Accountancy 
Statute
 
Level: STATE
 
Program Office: Professions
 
Brief Description:  Would revise the public accountancy statute 
to: clarify professional services included 
in the scope of professional practice; oversee the practice of peripheral 
services by licensees within business corporations; require that all licensees 
and firms that provide professional services to the public be registered; 
provide the authority to conduct firm inspections; and create an enhanced 
mandatory quality review program.  
 
Legislative History: 1999-2000: First introduced. Assembly and 
Senate bills left in higher education committees. 2001-2002 & 2003-2004: 
Assembly and Senate bills left in higher education committees. 2005-2006: Not 
introduced in either house.
 
Justification: The practice of 
public accountancy has evolved over the past half century to include 
professional services and practices that were not offered when the current 
statute was enacted in 1947. Expanding the definition of practice to include all 
types of professional services that reflect contemporary business practices, 
including tax return preparation, financial planning, management consulting, 
investment management and the like, will strengthen public protection. The 
general public expects CPAs to be licensed and held accountable for these 
important financial services, but the Regents cannot take disciplinary action 
when licensees practice in an unethical or incompetent manner because their 
services do not fall within the current statutory scope of practice for 
accountants. This proposal would include these services within the scope of 
practice and licensees practicing in these areas would be subject to 
professional discipline by the Regents.
   
This proposal also 
includes a number of other provisions that would increase public protection and 
provide adequate oversight, including: removing the continuing education 
exemptions for CPAs; making it easier for CPAs in other jurisdictions to become 
licensed in New York; requiring that all firms providing public accountancy 
services in New York be registered; requiring that all firms that perform attest 
or compilation services participate in a mandatory quality review process; 
raising the maximum dollar amount of fines for misconduct; establishing 
profession-specific fines for professional misconduct; and establishing a public 
accountancy oversight unit  in SED 
to handle misconduct complaints.
 
 
 
Short Title:  Funding For The Corporation For Public 
Broadcasting
 
Level: FEDERAL
 
Program Office: Cultural Education
 
Brief Description:  
·       
$430 million 
2-year advance appropriation (for federal FY2009) for Community Service Grants to public broadcasting stations to 
pay Public Broadcasting System dues and program fees, CPB programming 
investments and other CPB grant programs. 
·       
$40 million 
for FY2007 for public TV stations to convert to digital broadcasting. 
·       
$36 million 
for FY2007 for the national interconnection satellite systems for public TV 
& radio & public broadcasting homeland 
security initiatives, which require interconnection. 
 
Legislative History: Annual appropriation process in Congress. 
Congress has set appropriation amounts two years 
ahead since 1976 to allow for program production lead time, enable local 
stations to leverage federal funds and separate programming decisions from 
funding issues.
 
Justification: CPB’s annual appropriation is the “bread and 
butter” foundation of public broadcasting in the United States. As a funder, 
regulator and investor in programming, CPB ensures the quality of service 
citizens receive from their local stations, the Public Broadcasting Service and 
National Public Radio. CPB’s programming investments help make possible such 
children’s programs as Arthur, Between the Lions and Dragon Tales; adult programs such as Africans in America, Auschwitz and the Nazi 
State, and Beyond Affliction: A 
Cultural History of Disability in America; and “signature” series like All Things Considered and The NewsHour with Jim Lehrer. These 
programs are unique to public broadcasting and would not find a time slot on 
commercial stations.
 
CPB 
funding makes it possible for public broadcasting stations to remain locally 
owned. In the vast majority of cases, these stations are the only locally owned 
media (broadcasting and print media included) in their communities, which means 
they share in and are responsive to their communities’ needs and interests. All 
New York stations, television and radio, benefit. CPB funding is an essential 
building block in station budgets, allowing stations to use federal dollars to 
leverage membership, underwriting and grant dollars. In federal FY2004 (the most 
recent data available), CPB provided these funds to New 
York:
 
FY2004 Total............................................................... 
$32,001,459
Television Programming.................................................. 
$6,557,174
Radio Programming........................................................ 
$2,197,195
Television Community Service Grants............................. 
$17,267,285
Radio Community Service Grants..................................... 
$3,767,419
Television and Radio Future 
Funds and System Support................................................ 
$790,913
Digital............................................................................... 
$451,221
Other System Support....................................................... 
$970,252
 
 
 
Short Title:  Funding For American History 
Grants
 
Level: FEDERAL
 
Program Office: Cultural Education
 
Brief Description:  The US Department of 
Education funds the Teaching 
American History grant 
program, the US Department of the Interior administers a Save 
America's Treasures Program, the National Endowment for the Humanities hosts 
the We the People initiative and the National Historical Publications and 
Records Commission helps preserve historical records.  The Bush administration’s FY2007 budget 
proposes to: reduce funding for Teaching American History from $119.8 million in FY2006 to $50 
million; eliminate funding for Save America's Treasures from $30 million 
in FY2006; fund We the People at $15 million, the same as FY2006; and 
eliminate funding for the National Historical Publications and Records 
Commission from $7.5 million last year. 
 
Legislative History: Annual appropriation process in Congress. 
 
Justification: Teaching American History supports programs that raise student 
achievement by improving teachers' knowledge, understanding and appreciation of 
American history.  It makes 
competitive grants to local educational agencies; they must partner with a 
content-rich institution, such as an archives, to design, implement and 
demonstrate effective, research-based professional development programs.   The State Archives has had three 
projects funded; in 2006, projects in seven school districts were 
funded.
 
Save America's Treasures preserves 
nationally significant intellectual and cultural artifacts and historic structures and sites. 
The New York State Archives has received three grants since 1998 for 
conservation of the Dutch Colonial manuscripts, the Native American treaties and 
land papers and papers related to the American Revolution and early 
espionage.
 
National 
Historical Publications and Records Commission grants have allowed the State Archives and 
over 50 partner institutions to make historical records accessible to teachers, 
students, academics, government officials, business people and legal 
researchers. In New York, the 
NHPRC has awarded $15,493,529 to institutions around the state for 170 projects, 
moving the State Archives toward its goal of comprehensive, equitable and 
accessible documentation of our history.   
 
Congress should 
fund We the People with an 
additional $15 million. This program: enhances teaching and understanding American 
history through grants to scholars, teachers, filmmakers, museums, libraries and 
other individuals and institutions; enables teachers to deepen their knowledge 
of American history through summer seminars and institutes; supports reading 
classic literature through the We the People Bookshelf, a collection of books 
recommended for young readers and made available to schools and libraries; preserves and expands access to our nation's 
historic documents, such as newspapers and presidential papers, and supports 
scholarly research; explores the lives and deeds of heroic men and women 
from America's past through the annual Heroes of History Lecture; disseminates 
knowledge of American history through exhibitions, public programs, and 
partnerships with the state humanities councils; and encourages students to 
reflect on important American principles and events through the annual “Idea of 
America" essay contest.  
 
 
Short Title:  Funding For The Library Services And 
Technology Act
 
Level: 
FEDERAL
 
Program Office: 
Cultural 
Education
 
Brief Description:  The Library Services and 
Technology Act (LSTA) provides grants to the states and competitive grants for 
technology and networking services, digitization and research and collaborative 
projects for libraries. 
 
Legislative History:  Annual appropriation process 
in Congress.
 
Justification:  New York’s libraries depend on 
LSTA funds to sustain the services they provide. The Bush administration’s 
budget for fiscal year 2007 proposes $220,855,000 for LSTA.   While this is an overall increase, 
New York’s funds will be reduced for 2007 and in subsequent years because the 
federal grant formula is based on population and New York’s population is not 
increasing at the same rate as the population of other states.  New York faces a reduction of $500,000 
as a result of the 5% cut in aid for libraries in the 2004-05 state budget.  The $9 million SED receives from LSTA 
supports all the salaries in the Office of Cultural Education’s Library 
Development, 50% of the salaries in the Research Library, all of NOVEL (New York 
Online Virtual Electronic Library), which is available in 5,000 libraries, and 
all of the Statewide Summer Reading Program, which has over one million children 
participating this year.
 
Without LSTA funding or if New 
York’s funding is reduced, SED services to the state’s 7,000 libraries, 
including the NOVEL program and the Statewide Summer Reading Program, would have 
to either shut down or be cut back.
 
 
Short Title:  Funding For The Public Telecommunications 
Facilities Program 
 
Level: FEDERAL
 
Program Office: Cultural Education
 
Brief Description:  Need to continue funding the Public 
Telecommunications Facilities Program 
(PTFP), which makes grants to public broadcasting 
stations and other eligible entities to buy essential transmission and 
production equipment. The PTFP is under the auspices of the National 
Telecommunications and Information Administration of the US Department of 
Commerce. From 1967 to 2005 Congress appropriated $757 million to the PTFP. This 
has allowed public television to reach 99 percent of television households with 
a broadcast signal and public radio to reach an estimated 86 percent of the 
population.
 
Legislative History: Annual appropriation process in Congress. 
 
Justification: The PTFP matches federal dollars with local 
support for the construction, repair and replacement of facilities and equipment 
(excluding land and buildings). This allows public television and radio services 
to reach unserved areas and helps upgrade and preserve services offered by 
existing stations. The PTFP also funds satellite networks and local television 
networks for distribution of instructional programming. Over the past 25 years 
the federal government has contributed approximately 25 percent of the cost of 
the public television industry's equipment. While individual PTFP grants may 
finance up to 75 percent of equipment costs, federal funds typically constitute 
50 percent of the cost for eligible equipment items.
 
Without PTFP funds 
to buy cameras, control boards and editing facilities many stations would not be 
able to maintain adequate production or provide the programs their communities 
need and want. New York’s stations maintain busy production schedules, including 
local public affairs programs. For example, NY Week in Review, a weekly political 
news and views program, is produced by WMHT/Albany and broadcast statewide. 
WXXI/Rochester produces educational programs like Homework Hotline and Assignment the World.  Double Down, an academic competition for 
high schools in the Syracuse region, is the product of WCNY. Other stations 
create and broadcast programs on health and fitness and how-to, and 
documentaries on historic places, people and events.
 
There is another 
great benefit to PTFP funding. By requiring a local match for any PTFP dollar 
that a station receives, the PTFP has provided an incentive for stations to 
diversify their fundraising practices, resulting in a broader donor base and 
greater overall financial stability. 
 
 
Short Title:  Funding for Ready To Learn and Ready To 
Teach
 
Level: FEDERAL 
 
Program Office: Cultural Education
 
Brief Description:  Requesting $32 million for Ready To 
Learn, which provides programming and 
outreach to support early literacy and school readiness and $15 million for Ready To Teach, which funds the 
development of digital educational services to improve teacher performance. They 
use public television to prepare early learners and teachers for educational 
success. The US Department of Education oversees both 
programs.
 
Legislative History: Annual appropriation process in 
Congress.
 
Justification: Ready To Learn and Ready To Teach were authorized as part 
of the No Child Left Behind Act (NCLB) and support its goals by relying on 
scientifically-based methodology and coordination with state and local education 
authorities. 
 
Ready To Learn’s central mission is to equip young 
children to enter school prepared to become successful learners and achievers, 
encompassing all aspects of their cognitive development. The next generation of 
services will focus exclusively on building reading achievement for children 
aged 2-8 from low-income families. All New York public TV stations broadcast the 
programming and provide outreach to teach parents, daycare providers and early 
childhood teachers how to use the programs. 
 
Ready to Teach will develop innovative digital curricula 
and continue to fund PBS’ TeacherLine, an online professional 
development program that improves teacher quality, particularly in the core 
areas of reading and math.
 
TeacherLine, administered in New York by WNED/Buffalo, 
creates and delivers curricula that help educators improve student outcomes. PBS 
and more than 80 local stations have: created over 90 online research-based and 
standards-aligned courses in mathematics, reading/language arts and technology 
integration; trained tens of thousands of educators for recertification or 
graduate credit; partnered with local and state educational agencies to help 
teachers meet NCLB’s Highly Qualified Teacher requirements; and certified more 
than 700 facilitators for virtual learning instruction.
 
Ready To Teach also funds grants to local public 
television stations to develop innovative digital content for the classroom and 
beyond. Public TV will help raise student achievement by providing interactive 
resources and training to teachers. The US Department of Education recently gave 
a multi-year grant to Thirteen/WNET (New York City) for its VITAL project that 
provides educators with digital video to teach math and English language arts to 
help students in grades 3 through 8 succeed in mandated 
testing.
 
 
Short Title:  Funding For US Department Of Agriculture 
Rural Utilities Service
 
Level: FEDERAL 
 
Program Office: Cultural Education
 
Brief Description:  Requesting $10 million for grants to 
stations in rural areas to support their conversion to digital broadcasting. 
 
Legislative History: Annual appropriation process in 
Congress.
 
Justification: Rural communities depend on their local 
public television stations for services ranging from educational course content 
in their local schools to local news, weather and agricultural reports. As 
stations make the conversion to digital television (DTV), a wide array of new 
services will be available through this new broadcast platform. However, a vast 
majority of DTV stations serving rural communities have not been able to build 
out their full digital facilities, preventing these new services from reaching 
their rural constituents.
 
With the deadline 
of February 17, 2009 to shut off analog television, public television stations 
serving rural communities are in greatest need of funding to ensure continued 
service to their full coverage area. The Rural Digital Program is one of the few 
sources of funding for converting digital translators and repeaters: the very 
equipment needed to extend a signal to remote areas. Additionally, the USDA has 
drafted new rules that could expand the eligible uses of funds to include 
equipment for local production and “datacasting” high-end content to PCs and 
school servers. The result will be more local content and services to the 
communities that rely on it most.
 
The array of 
services that digital public television stations will be able to deliver to 
their rural communities is truly exciting. Each station will be able to tailor 
its offerings to meet the needs of its local community. Here are some examples 
of what is possible:
 
·       
A partnership 
with the local school district to datacast advanced placement science, math or 
foreign language courses to schools that otherwise do without 
them
·       
Weather and 
other emergency alerts delivered wirelessly to PC or laptops at home, the farm 
or the place of business, accompanied by other data such as satellite 
imaging
·       
Telemedicine 
services linking a local clinic to a university hospital hundreds of miles 
away.
 
 
Short Title:  E-rate Program
 
Level: FEDERAL
 
Program Office: EMSC & Cultural 
Education
 
Brief Description:  The Telecommunications Act of 1996 provided 
that elementary and secondary schools and libraries receive discounts on 
telecommunications services, including computer hardware, for educational 
purposes. Consequently, the Federal Communications Commission (FCC) established 
the Schools and Libraries Universal Support Mechanism, known as the E-rate 
program. E-rate is funded through the Universal Service Fund, which charges 
telecommunications providers a fee that they in turn pass along to consumers. 
 
Legislative History:  The E-rate program was permanently 
authorized in the 1996 Telecommunications Act, but in 2004 the FCC determined 
that the E-rate program should be subject to the Antideficiency Act. The 
Antideficiency Act prohibits committing funds not actually accrued, which would 
prevent the E-rate program from making commitments to school districts and 
libraries for an upcoming fiscal year. Congress has temporarily exempted the 
E-rate program from the Antideficiency Act until December 31, 2006. 
 
Justification:  E-rate funding is critical for schools and 
libraries, especially in rural and low-income areas, to be able to install the 
technology that students, educators and library users need to access needed 
information. The program provides funding to telecommunications vendors for 
discounts of between 20 percent and 90 percent to schools and libraries for 
telecommunications, Internet access and internal connections (cabling and 
network infrastructure needed for multiple user access). The discount rate for 
each school and library depends on its rate of participation in the National 
School Lunch Program and its urban/rural status. Each year’s funding is capped 
at $2.25 billion but annual requests far exceed the monies 
available.
 
Over the program’s nine years, New York’s 
schools and libraries have received from 9.9 percent to 17.7 percent of the 
total funds available. New York’s schools and libraries got $384.9 million in 
2002, $436.4 million in 2003 and $339.9 million in 2004. Funds are still being 
allocated for 2005 and 2006.
 
 
Short Title:  Reauthorization Of The No Child Left 
Behind Act
 
Level: FEDERAL 
 
Program Office: EMSC, VESID & Higher 
Education
 
Brief Description:  NCLB governs 
elementary and secondary education, mandates educational standards and holds 
states, school districts and schools accountable for the performance of all 
students. New York receives over $2 billion from the federal government for 
NCLB. Concerns with the current law are: funding is inadequate even as more 
testing is required; the requirements for measuring Adequate Yearly Progress has 
caused some schools to be considered failing because of poor performance by one 
or a couple subcategories of students; there are different opinions about how 
special education students should be assessed; the definition of "highly 
qualified" for special education teachers is not realistic; and provisions for 
Adequate Yearly Progress that do not allow enough time for students with 
disabilities to graduate are negatively affecting school districts’ graduation 
rates.  Development of SED’s list of reauthorization 
issues will be an ongoing process involving stakeholders, advisory groups and 
other sources of input.  
 
Legislative History: NCLB expires in 2007 and must be 
reauthorized. Congress intends to hold hearings and gather information in 2007 
but it is not certain that the actual process of reauthorization will 
begin.
 
Justification: There are a number of issues that must be 
addressed. For example:
 
·       
Congress has 
never funded NCLB at the level authorized in law. Yet, states were required to 
implement another mandate in the 2005-2006 school year: grades 3-8 
testing.
 
·       
Some states, 
including New York, are using longitudinal data systems linked to testing to 
measure the progress of individual students over the years. However, NCLB does 
not permit states to use longitudinal data from the annual grades 3-8 tests to 
demonstrate Adequate Yearly Progress. 
 
·       
States should 
have the discretion to allow special education teachers and rural teachers who 
are highly qualified in one subject to teach other subjects when working in 
consultation with another teacher who is highly qualified in that subject.  This would permit increased flexibility 
in staffing special education classes and maintain the consultation teacher 
model. 
 
·       
Accountability 
measures should truly assess the achievement of students with disabilities. For 
example, those with significant cognitive disabilities should be able to use an 
alternate assessment based on alternate learning standards geared to their 
individual level of achievement, not to the grade level for their age, and 
schools should not be penalized for not meeting Adequate Yearly Progress goals 
due to the disparity in special education students’ learning 
abilities.
 
·       
Students with 
disabilities who need more than five years to graduate should be allowed to be 
counted as graduates under states’ Adequate Yearly Progress requirements. This 
is currently not permitted, which negatively affects school districts’ 
graduation rates for reporting purposes. The performance measure should be the 
number of years needed to graduate specified in a student’s individualized 
education program. 
 
 
Short Title:  Reauthorization Of The Workforce 
Investment Act
 
Level: FEDERAL
 
Program Office: EMSC & VESID
 
Brief Description:  The Workforce Investment Act (WIA) includes 
the Adult Education and Family Literacy Act and the Vocational Rehabilitation 
Act. WIA connects 
programs for out-of-school youth and adults (vocational rehabilitation, adult 
education and family literacy, Perkins postsecondary vocational and technical 
education) with workforce development.  
 
Legislative History: Overdue for reauthorization. Congress is 
considering reauthorization this year but no guarantee it will be done. The 
House and Senate have passed bills and a conference committee must be 
formed.
 
Justification: WIA is needed to help build a New York 
workforce with the skills required in the global marketplace. As globalization 
accelerates, the unskilled American worker is at a distinct disadvantage and 
more likely to be trapped in poverty. New York has seen a sizeable increase in 
immigrants without English language and communication skills and recent data 
shows more minorities do not have a complete education and are living in 
poverty. Globalization has already left them behind. WIA provides education 
opportunities for unskilled workers, adults without a high school or 
postsecondary education and students and adults with disabilities. 
 
Reauthorization issues include: 
 
·       
Support local 
youth councils, maintain balance between in-school and out-of-school youth 
programs and simplify eligibility determination.
·       
More funding 
for states to support comprehensive accountability, staff development, 
coordination with other agencies, expanded use of distance learning technology 
and assessment of research-based instruction.
·       
Separate funding 
for one-stop delivery centers
·       
Maintain 
representation by key education and vocational rehabilitation partners on local 
workforce investment boards
·       
Keep the current 
maintenance of effort requirements, which make it easier for states to 
comply.
·       
More transition 
services for youth and more support for independent living
·       
Fix the 
funding formula so states like New York get the full Consumer Price Index cost 
of living adjustment; provide an annual Consumer Price Index cost of living 
adjustment for independent living services, similar to what is available for 
vocational rehabilitation.
·       
Broader 
membership on the State Workforce Investment Board to include agencies and 
organizations overseeing programs for persons with 
disabilities.
·       
Separate grant 
funding for states with high performing adult education programs that meet or 
exceed core performance indicators in the National Reporting 
System.
 
 
 
Short Title:  Reauthorization of the Higher Education 
Act 
 
Level: FEDERAL
 
Program Office: Higher Education
 
Brief Description: The Higher Education Act funds student 
financial assistance, teacher quality development, and early outreach and 
student services and strengthens postsecondary institutions and the workforce. 
Issues for 
reauthorization: increasing the maximum amount of Pell grants; increasing 
funding for LEAP, GEAR UP and TRIO; addressing shortages of qualified teachers; 
expanding higher education opportunities for students with disabilities; and 
expanding Supplemental Educational Opportunity Grants, Perkins loans and College 
Work Study. 
 
Legislative History: Congress reauthorized the majority of the 
student loan provisions in HEA this year as 
part of the Deficit Reduction Act but action on the remaining provisions is 
stalled.
 
Justification: Each year, New York’s 271 degree-granting 
public, independent and proprietary institutions and 356 non-degree 
postsecondary vocational schools serve over a million undergraduate and graduate 
students and students in their first professional jobs. In 2003-2004, these 
students borrowed over $3.6 billion from HEA loan programs and received over 
$1.1 billion in HEA grants and work-study wages. Pell grants went to over 
385,000 undergraduates—approximately one of every three at four-year colleges 
and universities and one of every two at two-year colleges. New York has higher 
rates of college participation and completion than most other states. However, 
family income is not keeping pace with rising tuition prices, so Pell grants and 
federal loans cover a shrinking share of college costs and students increasingly 
rely on high cost private loans.
 
Many of the HEA 
programs should be strengthened.  
For example:
 
ü     Gaining Early 
Awareness and Readiness for Undergraduate Program (GEAR UP) serves youth who 
would not otherwise prepare for high school graduation and college study. In 
federal fiscal year 2005, New York received $7.6 million from GEAR UP for 
statewide and partnership projects. 
 
ü     The TRIO 
programs in New York help low-income and at-risk youth prepare for and succeed 
in undergraduate and graduate study. But like GEAR UP, TRIO does not reach all 
eligible students. 
 
ü     The Title II 
teacher quality programs help teachers meet state and federal standards for 
preparation, certification, induction and professional development and help 
schools recruit highly qualified teachers. Teachers in high poverty schools and 
teachers of shortage subjects such as math and science rely on Title IV loan 
forgiveness.