Washington Update

Congress returned to Washington Monday following a week-long recess for the July 4 holiday, seeking to move several substantial pieces of legislation before their next planned recess in early August. The Senate began debate on the fiscal year 2008 (FY08) defense authorization bill which quickly focused on troop levels in Iraq. As of press time, the Senate is still debating the bill with little expectation of quick passage. The Senate Armed Services Committee approved the $648.8 billion defense authorization bill on May 25. The House passed the largest defense authorization bill since World War II on May 17, ignoring White House veto threats against several provisions of the measure.

The House has begun debate on a bill that would cut nearly $19 billion from lender subsidies and redirect the savings to aid college students and the institutions they attend. The College Cost Reduction Act of 2007 (H.R. 2669) is being brought forward to address the lone reconciliation measure called for under the FY08 budget resolution. The bill would also increase the size of Pell grants to poor students, cut the interest rates paid by student borrowers and cap students' monthly loan payments at 15 percent of their discretionary income. House passage is expected this week.

Both the House and Senate continue to move their annual appropriations bills through their respective committees in the hopes of finishing 11 of the 12 bills before August recess. The House Appropriations Committee will mark-up the Labor, Health and Human Services, and Education appropriations bill today. As reported in the June 12 issue of This Week in Washington, the House Appropriations Labor, Health and Human Services, Education and Related Agencies Subcommittee voted June 7 to increase funding for education programs in fiscal year 2008.

The full House Appropriations Committee is expected to adopt the bill with few amendments. The Senate Appropriations Committee adopted its version of the bill on June 21 but a date has yet to be set for full Senate consideration.

U.S. Supreme Court Says "No" to Equal Opportunity in Education

On June 28, the U.S. Supreme Court declared that two school districts' school assignment plans are unconstitutional. In a 5-4 decision the court found that the districts' use of a racial tiebreaker to determine student assignments violates the Fourteenth Amendment's Equal Protection Clause. The ruling may cause other districts with substantially similar school assignment plans to abandon those plans and draft new ones. However, legal experts said the ruling did not categorically outlaw race as a factor in school assignment plans.

To prevent segregation and to promote racial diversity in its high schools, the Seattle, Washington school board adopted a multi-step, open choice student assignment plan. Under the plan, if a high school has more applicants than seats, four tiebreakers are used to determine which students are admitted. A group of parents whose children were denied assignments to their schools of choice sued the district, challenging the use of the student's race as one of the tiebreakers (Parents Involved in Community Schools v. Seattle School District No. 1). The Louisville case, Meredith v. Jefferson County Board of Education, stemmed out of similar circumstance.

Justice Anthony Kennedy, the swing vote on this case, stated that race may be a component of school plans designed to achieve diversity. "A district may consider it a compelling interest to achieve a diverse student population," Kennedy said. "Race may be one component of that diversity."

Writing for the majority, Chief Justice John Roberts was careful to draw a distinction between the school districts' assignment plans and the court's ruling in the 2003 case of Grutter v. Bollinger. In Grutter, the court found that the University of Michigan Law School's admission policies did not violate the equal protection clause as the law school uses race as one of many factors considered. Though the Seattle and Louisville school districts argued that other factors than race affect assignment decisions under their plans, Roberts pointed to the fact that the districts use race as a decisive factor by itself, not as one of many factors.

PTA issued a statement immediately following the court's decision, calling the decision a step backward for school integration.

"Today, the U.S. Supreme Court has ruled against diversity in schools, taking a significant step backward in ensuring inclusive, multi-racial student bodies. PTA is disappointed in the Court's ruling."
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"By limiting the ability of school districts to use narrowly-tailored criteria to create inclusive schools, the Court is undermining the importance of providing our children with the opportunities and advantages of a diverse learning environment."

To read the full statement, visit the PTA newsroom online. PTA filed an amicus brief with the court on behalf of the Seattle and Louisville school districts in 2006.

PTA Adopts New Positions on Internet Safety and Auditory Learning

At the 111th annual PTA national convention, held in St. Louis, Missouri June 28 - July 1, PTA members held debate and voting on the adoption of two national resolutions: Internet and Wireless Communications Safety and Classroom Auditory Learning Issues. The organization has adopted hundreds of national resolutions on a wide variety of education, health, and safety issues since its first convention in 1897. Both resolutions were adopted by PTA voting members.

The Internet and Wireless Communications Safety resolution calls on PTA to heighten parents' technological awareness and skills and inform them on dangers associated with the Internet, as well as wireless and other electronic resources. The organization will also advocate for appropriate laws, policies, and regulations to ensure the safety of children and youth when using electronic communications.

The Classroom Auditory Learning Issues resolution was passed to educate parents, educators, school administrators, public health officials, and the public at large about the hearing needs and limitations of all children in a classroom setting. PTA will encourage school systems to integrate sound enhancement technology in each classroom to compensate for poor acoustics, students' immature auditory abilities, and other hearing-related problems.

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