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

Jul 07, 2015

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Page 1: Open Badges Policy 101

Policy 101:Policy Context for

BadgesDecember 4, 2014

Danica Petroshius, Principal

Kara Marchione, Vice President

Rich Stombres, Vice President

Penn Hill Group

Page 2: Open Badges Policy 101

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

Page 3: Open Badges Policy 101

• 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.

Page 4: Open Badges Policy 101

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.

Page 5: Open Badges Policy 101

• 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

Page 6: Open Badges Policy 101

• 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

Page 7: Open Badges Policy 101

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

Page 8: Open Badges Policy 101

8

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

Page 9: Open Badges Policy 101

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

Page 10: Open Badges Policy 101

• 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

Page 11: Open Badges Policy 101

11

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.

Page 12: Open Badges Policy 101

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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)

Page 13: Open Badges Policy 101

• 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

Page 14: Open Badges Policy 101

• 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?

Page 15: Open Badges Policy 101

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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 ActPart 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)

Page 16: Open Badges Policy 101

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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.

Page 17: Open Badges Policy 101

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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.

Page 18: Open Badges Policy 101

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

Page 19: Open Badges Policy 101

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

Page 20: Open Badges Policy 101

• 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

Page 21: Open Badges Policy 101

• ESEA Waivers

• Regulations (Gainful

Employment)

• Appropriations (ELO,

RTT, i3)

21

Current Activity:Policy by Mischief

Page 22: Open Badges Policy 101

• 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

Page 23: Open Badges Policy 101

• 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

Page 24: Open Badges Policy 101

• 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

Page 25: Open Badges Policy 101

• 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.

Page 26: Open Badges Policy 101

• 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 affordability26

Notable Trends in Education

Page 27: Open Badges Policy 101

• 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?

Page 28: Open Badges Policy 101

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Why should you attempt to

influence federal policy?

Why is it important to understand

federal policy?

Strategic Advocacy

Page 29: Open Badges Policy 101

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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

Page 30: Open Badges Policy 101

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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

Page 31: Open Badges Policy 101

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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

Page 32: Open Badges Policy 101

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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