LEGISLATIVE UPDATE
CONSIDERATION OF ESEA IS STALLED
THOUGH SIGNIFICANT THREATS REMAIN
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On May 1, 2000, the U.S. Senate began work on S. 2, the Elementary Secondary Education Act (ESEA). After voting on a handful of amendments, Senate Majority Leader Trent Lott (R-MS) pulled ESEA from consideration on the Senate floor. Senators Christopher Dodd (D-CT) and Richard Shelby (R-AL) had indicated that they planned to offer their "student privacy" legislation as an amendment to ESEA.
During the first week of debate, Highlights for Children, The National School Board Association (NSBA), and the American Association of School Administrators (AASA) sent strong letters of opposition to key members of Congress expressing their serious concerns with the Dodd/Shelby approach. Garry Myers, Chief Executive Officer of Highlights for Children explained that, "the effect of this amendment would be to caste an enormous chilling effect on schools’ use of reading material and other enriching material that requires some collection of information."
Through efforts like these, Kids in the Know and other education-related organizations have been successful in educating members of congress about the severe impact of such wide-ranging legislation.
Status of ESEA
In the Senate, consideration of ESEA is tangled-up in political maneuvering relating to gun safety issues. On May 9, Senator Lott ended the Senate debate on ESEA in response to Democrat’s stated intention to offer gun-related amendments to the bill. Since that time, there have been a handful of meetings to determine whether a compromise can be worked out on gun issues, but to date, all efforts have failed.
However, since ESEA is required by law to be reauthorized this year and education remains the top priority among Americans, it is likely that the Senate will resume consideration of the bill prior to adjournment.
In the U.S. House of Representatives the outlook is equally uncertain. The House Education Committee divided ESEA into four separate bills. One of the bills was passed by the full House, on May 15. The remaining three bills have not yet been scheduled for full debate. It is believed that the House will not take action on the remaining ESEA bills until the Senate passes S. 2.
Potential Threats
While ESEA remains the most likely opportunity for "student privacy" amendments, appropriations or authorizing bills remain distinct possibilities for such amendments. However, that risk is diminishing, to some extent, since the House and Senate have both passed the Labor, HHS, and Education appropriations bill which would have been the most logical vehicle for such amendments.
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