November 22, 2008
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State Roundup: July 24, 2003
States Struggle To Enforce Education Law
by Chloe Albanesius

SAN FRANCISCO -- The cost of implementing the 2002 federal education law in the states will create an impossible financial burden, a Connecticut state senator said here on Wednesday.
     "In reading through the 1,108 pages of this bill, this so-called landmark legislation has landmine costs," Democratic Sen. Tom Gaffey said at a National Conference of State Legislatures (NCSL) discussion on state progress toward implementing the law. "These costs will undoubtedly explode, particularly when we get to the out years of '05, '06 and '07. The cost of compliance with [the statute] will absolutely exceed federal appropriations ... barring some financial miracle that will rain money down on the states."
     To address the issue, NCSL earlier this month hired a law firm to review a certain section of the act that appears to prohibit the federal government from requiring states to start new projects without providing the necessary funds. "The [NCSL] has devoted its efforts to working with the administration to effect regulatory changes that would alleviate the financial and substantive concerns that legislators have expressed about the legislation," NCSL President and state Sen. Angela Monson, D-Okla., wrote in a memo.
     "Is spending really the problem?" asked Laurie Rich, assistant secretary for intergovernmental and interagency affairs at the U.S. Education Department. "We have spent tens of trillions of dollars and have seen no movement in reading scores for our nation's children. Clearly, improving education requires more than money."
     "I think that when we consider what has happened in the economy that this couldn't happen at a worse time," Gaffey said of the law.
     He said the guidelines for reporting students' standardized test scores often produce questionable results. "There's legislation, and then there's reality. Last August, Arkansas reported that they didn't have any [schools needing improvement]. Not one school. Michigan reported that they had over 1,500. That's a vivid example of accountability. It's an apples and oranges act."
     "Our state does well in assessment, and we typically have been number one in both math and reading and writing in the elementary scores ... and we're number one in SAT scores [for college entrance]," Gaffey added. "Yet the failure of a single subgroup, as this act requires, [would result in] that whole school [being classified as] in need of improvement."

AeA Discusses Policy Goals For States
     The technology trade group AeA met with state lawmakers here this week to discuss the next move on tech-related issues during its bi-annual State Policy Action Network (SPAN) meeting.
     "There are lots more policy threats to the business of technology [but] also an opportunity [for growth] in terms of new policies out there," Steve Kester, AeA's vice president for state policy, said in a telephone interview.
     One policy focus is e-recycling. Kester said AeA has had its task force work on recycling legislation in California and Maine, though it "worked against legislation we were unable to improve" in Texas and Florida, among other states. "Clearly, our companies look at it in a very cost-effective, market-based way," he said.
     Spam, junk e-mail, is also on the legislative front. "We're looking for protections for [Internet service providers], not extending liability or adding expensive mandates to ISPs [to get to] the bad guys who are sending out the spam," Kester said.
     Another priority is education. "We'll continue the push for math and science programs, integrating technology into the classroom," Kester said. And the association is concerned about the "downturn in higher education promoting research and development. [Companies are] turning down quality graduates, especially in a tight budget environment."
     Kester noted a downturn in privacy legislation. "Online privacy continues to be an issue," he said, but the 1,000 privacy bills in state legislatures several years ago declined to a little more than 400 last year. "We expect that trend to continue," he said, adding that AeA is promoting action to prevent identity theft. "We're making sure that attorneys general and district attorneys have the tools they need at the state level to go after it."

Virginia Governor Unveils Spending Plan
     Virginia Gov. Mark Warner on Wednesday introduced the Virginia Partners in Procurement initiative to try to reduce state spending. "I believe we must re-engineer the business practices of government to achieve fundamental and permanent change," Warner said in a release.
     The plan splits statewide contracts into nine spending categories that include software, computer hardware and laboratory supplies.
     Specific changes include $7 million in savings for personal computers. Under the plan, the state now will spend no more than $800 on each PC, compared with $1,000. The goal, Warner said, is to use technology and data to drive purchasing decisions.
     Also in Virginia this week, Warner announced on Tuesday that the state's Employment Commission expanded its online unemployment claims to allow Internet processing of weekly continued claims. Previously, the weekly claims were accepted by telephone. The commission expects saving of $60,000.
     And on Monday, Warner said in a release that the state has allocated some $37 million in homeland security grant funds for state and local "first responders" to emergencies.

Delaware Creates Security Council
     Delaware Gov. Ruth Ann Minner on Tuesday created a state Homeland Security Council.
     "This new council brings together state officials from safety, health, emergency preparedness, and the National Guard, along with representatives of the fire service, local police and the federal government, to advise the restructured Department of Safety and Homeland Security," Minner said in a release.
     The governor recently reorganized the Public Safety Department by moving the divisions responsible for motor vehicles and driver's licensing, as well as boiler inspections, to other departments and renaming the remaining divisions the Safety and Homeland Security Department.

A Warning About Online Prescription Orders
     Virginia Attorney General Jerry Kilgore on Wednesday warned against buying prescription drugs online or from foreign countries.
     "Thousands of Virginians depend on prescription drugs for their health," Kilgore said. "Medication that has not been approved by the [Food and Drug Administration] could waste money or, worse yet, place countless lives in danger."
     He is particularly concerned about senior citizens and working families looking for cheaper drug alternatives. "Though the need for affordable medication is undeniable, these foreign sellers pose a serious danger to the health and safety of consumers."
     To educate consumers, Kilgore has placed on his Web site a list of lower-cost medication alternatives.

North Carolina Votes To Expand DNA Database
     A bill to expand North Carolina's DNA database is awaiting the governor's signature. The updated version would require all felons to be listed in the database.
     "Putting DNA evidence to better use will help us crack more cases and stop repeat offenders," Attorney General Roy Cooper said in a release. "An expanded database will improve our ability to catch and convict criminals, especially in cases without a suspect. More agents working to analyze DNA evidence means we'll be able to get criminals off the streets sooner."
     Cooper also requested that more experts be added to the staff of the state lab analyzing DNA data. North Carolina's database currently only holds DNA profiles on some convicted felons and violent criminals.




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