Category Archives: State government

Digital dilemma

Schools can’t take full advantage of the internet if they don’t have the broadband, but it’s not yet clear how best to get it to them – or how much it will cost

Inside those two orange wires beside Kendal Wells' shoulder and the yellow wire in front of him are fiber optic strands thinner than a human hair. Because of those wires, the Cabot School District has more than two gigabits of broadband access – enough to more than meet its needs. Many districts do not have that capability. Making sure they do is becoming one of the biggest issues in Arkansas public education.

Inside those two orange wires beside Kendal Wells’ shoulder and the yellow wire in front of him are fiber optic strands thinner than a human hair. Because of those wires, the Cabot School District has more than two gigabits of broadband access – enough to more than meet its needs. Many districts do not have that capability. Making sure they do is becoming one of the biggest issues in Arkansas public education.

By Steve Brawner
Note to readers, particularly subscribers – This is not a typical blog post but is instead a magazine cover story that appeared in Report Card, which I publish with the Arkansas School Boards Association. Just wanted to warn you.

Kendal Wells, technology director of the Cabot School District, and B.J. Brooks, director of instructional technology, show off a rack of flashing computer hardware in a walk-in closet near the district’s boardroom. It’s not that impressive a place, really, and the hardware isn’t all that new.

But this, Wells said, is “grand central station.” He points to two orange insulated wires, each containing a glass fiber optic cable thinner than a human hair. Each can carry 1 gigabit of information per second. Two more yellow wires increase the district’s total bandwidth to 2.2 gigabits per second, more than double what the district needs on its busiest days – for now. Because of that bandwidth, the entire district, 17 schools across Cabot, is a sprawling hotspot. Each classroom has its own wireless access point, ensuring no teacher ever has to worry about a slow connection or being bumped offline in the middle of a lesson.

“We can buy all these Chromebooks or iPads or desktops or anything else that we want, but if we don’t have the bandwidth, that really big pipe to deliver the information to the classroom where the teacher can use it, then it does us no good to have the devices,” Wells said.

The Cabot School District serves a growing, prosperous community. It’s centrally located on flat terrain half an hour northeast of Little Rock. Wells heads an IT department staff of 14.

In other words, Cabot is perhaps the perfect district to marry broadband and instruction. But what about less wealthy, isolated rural districts in the Ozarks? What about districts in the Delta far from population centers? How can Arkansas ensure those students receive an education that’s equitable to the one offered students in Cabot?

Those are questions with which education policymakers are grappling, and they don’t have much time to find the answers. Online testing for the Common Core is supposed to begin at the end of the upcoming school year, and a pilot test has already occurred. Last year, policymakers realized many schools do not have the bandwidth to perform the testing effectively. More important is what’s happening – or is failing to happen – in the classroom. Students and teachers without adequate bandwidth are missing out on a rich variety of instructional resources. It’s now possible for students in even the most far-flung districts to take classes not available to anyone just a few years ago. In fact, under the Digital Learning Act of 2013, every Arkansas student entering the ninth grade must complete an online class in order to graduate. But for many districts and many parts of Arkansas, the pipe just isn’t big enough.

To address this problem, a group of education policymakers, legislators and telecommunications providers known as the Quality Digital Learning Study (QDLS) Committee has been meeting since June 2013 as a result of the Digital Learning Act. On May 6, the committee released a report describing the state’s lack of broadband access and possible solutions.

 

“D” for “Digital”

The report makes clear the situation’s urgency. Arkansas received a “D” for digital learning opportunities in the 2013 “Digital Learning Now” report from the Foundation for Excellence in Education – an improvement over the “F” it received the year before, but still not nearly good enough. A 2011 survey by the Arkansas Association of Educational Administrators found that 84.5 percent of respondents were forced to restrict access to useful sites because of a lack of bandwidth. The state has invested almost $160 million in vendor costs since 1992 on the Arkansas Public School Computer Network (APSCN). That network provides a bandwidth of five kilobits per second per student. In comparison, the State Educational Technology Directors Association recommends a minimum of 100 kilobits per second for each student and staff member in 2014-15.

Schools can and do supplement the connectivity they’re getting through APSCN. According to the report, 71 percent of bandwidth statewide is purchased by districts from local providers. But local costs vary widely. A 2013 survey by the Arkansas Department of Education found that the broadband cost of a megabit ranged from a low of $1.20 to a high of $280 depending on the location of the school and the service provided.

So what’s next? The report recommends that Arkansas public schools be allowed to connect to the Arkansas Research and Education Optical Network, a statewide fiber optics system currently used by universities and medical providers. ARE-ON is currently off-limits to schools because Act 1050 of 2011 prohibits state and municipal entities from providing broadband, voice, data, video and wireless services – the exceptions being emergency services, law enforcement, higher education, and health care providers. That act was passed thanks to the efforts of Arkansas’ private broadband companies, who were spending billions of dollars laying an infrastructure across the state. “We made business decisions based on the fact that we did not have government competing with us, so that was the rationale in 2011 when that law was passed,” said Len Pitcock, chairman of the Arkansas Cable Association, during the May 6 release of the report.

According to the report, ARE-ON is the only one of 42 public fiber optic networks nationwide connecting to Internet2 that does not serve K-12 schools. Internet2 is a consortium serving academia, researchers, industry and government. The report says ARE-ON has 380 gigabits of unused bandwidth.

Gov. Mike Beebe expressed support for the ARE-ON solution through a press release issued by his office June 13, saying, “Whatever the reasons were behind the exemption passed in 2011, it has become clear that Act 1050 has impeded our progress in developing a reliable and efficient broadband infrastructure for Arkansas students. Giving K-12 schools the opportunity to access ARE-ON will provide better online availability for our students and save our taxpayers money.”

The report also recommends centralized management of statewide network support services, including network construction. Buying services in bulk instead of through individual school districts would reduce costs and increase scalability, allowing districts to have higher speeds during peak periods such as statewide testing, the report states.

 

How much?

No one knows how much any of this will cost. On July 7, the Arkansas Legislative Council, which is the group of legislators who meet when the full Legislature is not in session, approved a $71,500 contract with the consultants Picus Odden & Associates to try to develop cost figures.

The report encourages the state to better utilize E-rate, a program that collects fees through telecommunications providers to reimburse schools and libraries for up to 90 percent of the cost of obtaining Internet and other telecommunications services. One hundred percent of Arkansas public schools, not counting public charter schools, have participated in the program during the last five years. Schools and libraries have been provided almost $205 million in discounts during the past 15 years, and the average discount was 79 percent in 2012-13. The Cabot School District, for example, receives a 59 percent discount off the $13,500 per month it would pay for the broadband it is purchasing on its own outside of APSCN. But Arkansas has lagged some states, such as Oklahoma and Louisiana, in obtaining funding.

Most of the lines currently used by ARE-ON involve long-term leases with private telecommunications providers. Those providers do not support the Quality Digital Learning Study Committee’s findings and abstained from voting on the report. They say the report doesn’t provide cost estimates or identify a funding mechanism, that the issue hasn’t been sufficiently analyzed, and that its recommendations conflict with state law.

To communicate their message, telecommunications providers last year formed the Arkansas Broadband Coalition for Kids. Jordan Johnson, the group’s spokesperson, said ARE-ON would be “a redundant network” because the industry has already laid a fiber optics infrastructure that, if utilized, could serve most Arkansas students now. For whatever reasons, schools simply aren’t utilizing the service. Johnson said many educators have mistakenly assumed that ARE-ON will somehow be free.

“Regardless of what system is in play, there’s going to be a cost associated with getting broadband, period,” he said. “What you want is something that’s the most fair and efficient and productive way of getting the service, and my coalition believes that that’s through the private sector.”

The industry wants to be a part of the solution, he said.

“Collectively, the providers have spent billions of dollars in this infrastructure to provide accessibility to virtually all Arkansans, whether it be in the public sector, private sector, in the educational sector, the nonprofit sector,” he said. “Collectively, we have the state covered, and there is a tremendous amount of access there. And we think we can do this much more efficiently.”

When the QDLS Committee’s report was unveiled May 6, Rep. Charlotte Vining Douglas, R-Alma, told Chairman Ed Franklin that her school districts were telling her that access was available, but they had not been willing to pay for it. Franklin said some schools don’t have access to broadband and others aren’t using the access they have. “The reality is probably the school districts that are using it the least see the least need for it,” he said.

The report points to the need for broadband connectivity using an example from the Batesville School District. Clint Lucy, director of information technology, said students were taking an online placement assessment in a credit recovery class when the network shut down, forcing them to redo the test from the beginning. “In years past, a school would often be told their bandwidth wasn’t being managed properly if things were creepy-crawly slow,” he was quoted saying. “There’s a lot of truth in that – bandwidth management is critical, but our need for bandwidth has outgrown our ability to provide it. We have reached critical mass.”

That’s not been a problem in Cabot since December, when capacity was increased to 2.2 gigs from a relatively paltry 200. At the time, the district was bumping its head on its bandwidth ceiling. Sometimes the internet would slow to a crawl, which was unacceptable for students who have grown up in a digital world. Danielle Dinges, an educational technologist who teaches computer skills at Cabot Middle School, said speeds varied according to the weather. The internet shut down on her one day near the beginning of the year. According to Wells, the district doubled its internet usage within about a week of expanding its capacity.

The district has purchased 1,700 Chromebooks, but according to Tammy Tucker, assistant superintendent for curriculum and instruction, it’s not in a hurry to become a one-to-one district where every student is assured of having a digital device. Buying everyone a laptop or tablet would be a huge expense in a district Cabot’s size, and besides, Tucker explained, “I think if you just give kids a computer without developing a plan and really knowing what your goals are for that computer, then you’ve put the cart before the horse. … I think before you put those in the hands of kids and teachers, you have a plan and a vision for what you want to accomplish.”

The district and the school board have made commitments not only in infrastructure but in training. Brooks, the director of instructional technology, has written a curriculum that starts students keyboarding in kindergarten and using Google Docs by the third grade. By the time they leave middle school, they’re proficient in the technology. Teachers have been trained on the devices since 2009. All attend a required three-hour summer course, Cabot Technology Academy for Teachers.

“Five years ago, we started out, ‘This is what the right mouse button does. This is what a shortcut is,’” Brooks said. “And in this last year, we were teaching them Google Docs, how to integrate their curriculum, and how to share documents with their students.”

The results could be seen in Deana Davis’ pre-AP eighth grade English class. On the day of a visit by a reporter, students were developing a fictional character who would have lived alongside Anne Frank, the author of the famous World War II diary. What would life be like? What would she eat for breakfast? What kind of games would she play? Students worked independently and had the power to display their work on screen in front of the class – a sharing of power that can be an adjustment for a teacher. But it has proved a powerful incentive. Students think more carefully about their work if their peers will see it, instructors have found.

Before she started teaching the class, Davis, the teacher, told Brooks that she was “technologically Amish.” Brooks helped her develop her curriculum and served as a sounding board for ideas. On the day of the visit, she enthusiastically described how the broadband was being used.

“You saw her a while ago,” Brooks said. “She was flitting back and forth between apps, between windows, giving kids directions on how to use different apps, sharing documents, using YouTube, just bam, bam, bam, bam with no hesitation. That’s incredible growth.”

Credit legislators: They made the hard choices

By Steve Brawner
© 2014 by Steve Brawner Communications

Let’s give credit to Sen. Jim Hendren, Rep. Harold Copenhaver, and other legislators – not because they necessarily made the right decisions, but because they definitely made the tough ones.

Hendren, R-Gravette, and Copenhaver, D-Jonesboro, are leading a task force charged with reforming the school employee health insurance system, which is a mess. Costs are rising so fast that the Legislature twice has had to meet in special session – last year to pour money into the system as a quick fix, this past week to reduce spending. Many school employees have been paying too much for premiums and others not nearly enough. The big fear is that the system will tumble into a death spiral where, as costs rise, more and more young, healthy employees opt out, eventually leaving only older, less healthy employees in the pool. No insurance fund can survive that.

Bills passed by the Legislature this past week, as well as other actions based on recommendations by the task force, are expected to reduce a potential 35 percent premium increase into an average 3 percent increase, assuming the plans don’t change much. Significantly more work remains to stabilize the system long term.

The most noteworthy legislation removed 4,000 part-time school employees from being eligible for school health insurance.

That’s a tough one. As Rep. Sue Scott, R-Rogers, pointed out in a hearing, these employees include bus drivers and cafeteria workers – the people who offer some students their first smile of the day, or who serve an extra helping of lunch to those they know don’t get fed enough at home. Some of these employees work for schools precisely because it offers them the best health insurance they can get.

Hendren and Copenhaver explained their reasoning during the lead-in to the session. Cuts had to be made in order to prevent premium increases for everyone. Part-timers rarely receive health insurance benefits in the private sector, and schools should be no different. Because school districts are saving money on insurance, they will have more flexibility in giving some employees full-time responsibilities, thereby making them eligible. Those who lose their insurance will have other options, including the “private” one passed by the Legislature that uses Medicaid dollars to buy insurance for low-income Arkansans.

Opponents countered that the private option’s future remains in doubt. It passed with zero Senate votes to spare in the fiscal session earlier this year. Two additional opponents of the program have already won Republican Party primaries and are headed to the Senate. Hendren himself has consistently voted against it.

Removing part-time employees from eligibility was not an ideal solution, and there may or may not have been a better way, but at least lawmakers acted, and for that they deserve praise. In crafting this and other parts of the legislation, they made hard choices about how to responsibly allocate finite resources for a critical need, rather than putting off those choices and letting others deal with the consequences. Hendren, a Republican, and Copenhaver, a Democrat, could have played partisan games with the issue. It doesn’t appear that thought ever occurred to them.

Congress, please take note.

Choices are hardest when they involve one of two scenarios. In one, the options are all so wonderful – like a menu in a good Mexican restaurant – that the mind locks up. In the other, the options are all so distasteful that it’s hard picking one over the other.

In politics, it’s usually the latter. Nobody wants to take insurance from part-time school employees, but, given the fact that school starts soon and time was limited for making more foundational changes, legislators decided it was a better bad choice than raising rates for everyone. As Copenhaver told representatives, “Some people say this is a Band-Aid. Well, I say what we did last session is a Band-Aid. We covered it up by providing funding. We have now taken that Band-Aid off, and it is somewhat painful.”

If it was the right decision, it will help stabilize the fund. If it was the wrong one, legislators can reverse course when they meet again in January. But you can’t reverse course when you’re not going anywhere. Again, Congress, please take note.

Don’t write private option’s obituary

By Steve Brawner
© 2014 by Steve Brawner Communications

In 1837, during a debate about a bill regarding paying bounties for wolf scalps, Arkansas Speaker of the House John Wilson left his chair and stabbed to death Rep. Joseph J. Anthony with a bowie knife. He didn’t like something Wilson had said about him.

Please keep that story in mind as Arkansas continues to debate the so-called private option. It will be one of the most contentious debates in memory, but no one will be stabbed on the House floor.

The debate over the private option, however, will dominate next year’s legislative session, just as it’s the most important issue in this year’s campaign.

As you may know, the private option uses Obamacare dollars to purchase insurance for more than 172,000 low-income Arkansans. Many Republican-leaning states have turned down that money, which was intended to enroll people in Medicaid, a government program. In Arkansas, Republican lawmakers and Gov. Mike Beebe’s administration instead worked out a deal where those dollars are used to buy private insurance.

Legislators are divided into three camps. Republican opponents say it’s Obamacare, and that it adds to the national debt, and that soon Arkansas will pay more and more for a program it can’t afford. Sen. Bryan King, R-Berryville, described it in an interview as “running up a credit card.” Republican supporters say it’s making lemonade out of lemons, that Arkansas and its struggling hospitals would be foolish to turn down the money, and that the private option’s reforms are being considered by other states and might make the entire health care system better. Democrats are just glad to get those dollars however they can.

The money must be appropriated by a 75 percent majority of both houses of the Legislature every year. This year, it passed with zero votes to spare in the Senate and one in the House. Two of the yes votes in the Senate have already been replaced by candidates who campaigned saying they would vote no. In one case, the losing candidate was one of the private option’s architects, Rep. John Burris, R-Harrison.

So it’s time to write the private option’s obituary, right? Well, no. Regardless of what happens in the next election, considerably more legislators will be for it than against it. Asked if House Democrats would consider shutting down the entire Medicaid budget rather than let the private option die, Rep. Greg Leding, D-Fayetteville, the minority leader, told me, “I wouldn’t want to commit it to that at this point, but I don’t think anything is off the table, including that.” Among the two major party candidates for governor. Democrat Mike Ross has made it clear he supports it. Republican Asa Hutchinson has not said he’s against it, which means he isn’t.

Even among private option opponents, there are “no” and “heck, no” factions. According to Sen. David Sanders, R-Little Rock, one of the private option’s architects, a number of “no votes” are waiting to have their questions answered, including how many carriers are offering insurance and what the rates are.

Regardless of what they think about the private option in principle, a lot of legislators will have a tough time simply taking insurance away from 172,000 people. King, a consistent opponent, told me that, while he wouldn’t rule it out, “Realistically, I don’t see how a defund, total defund could happen.” Instead of repealing the private option, the Legislature may reform it – maybe significantly. As Sanders described it, “With regard to the policy, we’re not pouring concrete. We’re modeling clay, and we’re shaping the policy as we go.”

So maybe the private option survives close to the way it is, or maybe it’s changed a little, or maybe it’s changed a lot. But simply grabbing a knife and stabbing it to death? That doesn’t happen very often at the Capitol – at least not since 1837.

Health care’s PROBLEM: Americans’ health

By Steve Brawner
© 2014 by Steve Brawner Communications

Arkansas legislators are preparing to meet in special session for the second time in less than a year to discuss rising school employee health insurance rates. It’s a difficult issue, but it’s a “lowercase p problem.” The “capital P Problems” are beyond what state legislators can address by themselves.

Let’s start with the “lowercase p problem.” The cost of health insurance for school employees is rising faster than the system or many employees can afford.

In a special session last October, legislators poured $43 million in one-time money into the system and added another $36 million annually from other sources as a quick fix. They also appointed a task force chaired by Sen. Jim Hendren, R-Gravette, to craft long-term solutions.

That task force has proposed two bills for legislators to discuss for now, with more on the way sometime in the future. One would, among other changes, exclude spouses of school and state employees from coverage if they can obtain it elsewhere, as is common in the private sector. The other would exclude part-time school and state employees who work less than 30 hours. That would involve a lot of school bus drivers and cafeteria workers, and it’s more controversial, even though the practice of excluding part-timers is also common in the private sector.

Legislators will be called into special session in the next few weeks if they can arrive at consensus on at least one of the bills beforehand. Other important changes can be made administratively, such as changing the way the school employees’ super-cheap bronze plan and expensive-but-generous gold plan are structured.

Health care has become the dominant issue in the state Legislature, just as it is the most contentious one in Washington. The past two legislative sessions have centered around the debate over the state’s “private option,” which uses Obamacare dollars to buy private insurance for 150,000 Arkansans who beforehand were not quite poor enough to qualify for Medicaid. As a result of this year’s primary and runoff elections, there will be two less senators supporting it. During this past fiscal session, it passed with no Senate votes to spare.

What to do about the private option is a big concern, but it’s not one of the “capital P Problems.”

One of those is the health care system itself, over which state legislators can have only limited influence. America’s health care system, pre- and post-Obamacare, is far too expensive and doesn’t allocate its resources effectively. In many cases, it doesn’t make us healthier, and in quite a few cases, it actively makes us sicker and even kills us.

That’s a Problem. But there’s a bigger one – one that deserves not only a capital P but instead all-caps. The PROBLEM is this: America is not a healthy place, and Americans are not healthy people. Sixty-nine percent of us age 20 and above are overweight, and 35.1 percent are obese, according to the Centers for Disease Control and Prevention. Eighteen percent of children ages 6-11 are obese. More than 18 percent of adults smoke cigarettes despite all the efforts that have been made to encourage them never to start. According to the National Institute on Drug Abuse, 9.2 percent of Americans age 12 and above in 2012 had used an illegal drug (including marijuana) or abused a psychotherapeutic medication during the past month.

The health care system does little to discourage these realities, but it is not the principal cause. Unhealthy daily habits and lifestyle choices are woven into the fabric of American life, and it’s not just what we eat, drink and smoke. Our lifestyles are both sedentary and stressful. We’re rushed much of the time, but from a seated position. Our lives are marked by excess in many areas and deficiencies in others, such as sleep, joyful time with family, and meaningful community activities. Most of us know we’re not living right just by looking in the mirror.

Health care systems can be engineered to encourage healthier behavior, but no system can free us from the consequences of our own choices. Our health care is unaffordable because our health is unaffordable. Ultimately, we are the problem with health care, and the solution must begin with us.

Does Arkansas really need runoffs?

By Steve Brawner
© 2014 by Steve Brawner Communications

Leslie Rutledge and David Sterling, the state’s two remaining Republican candidates for attorney general, spent the weeks leading up to Tuesday’s runoff election scouring the state looking for votes. The question is, should they have had to?

They were “scouring” rather than “campaigning” because of the expected low turnout. (It was 5.4 percent.) All the other statewide races had already been decided in the party primaries, which themselves drew turnout of only 21.32 percent. A few local races – sheriff in Saline County, state Senate in the Harrison area – drew attention and voters.

That means those areas had an outsized influence in determining the Republican candidate for attorney general, along with three other groups: Republican diehards, people who believe it is their duty to vote in every election, and maybe a few Democrats who thought they might could manipulate the system by trying to vote for the worse candidate.

“The people” did not vote in this runoff. Only a few of the people did. And that’s a problem. Runoffs are supposed to select a nominee who has the broadest support, once the candidates who finished third or worse are eliminated. Instead, because of low turnout, the opposite is often the case. The candidate who can appeal to a motivated minority often wins. The more conservative candidate in the Republican Party and the more liberal candidate in the Democratic Party usually has the advantage even if they aren’t the best candidate. It also gives extra influence to outside groups like the one promoting Sterling for his support of a “stand your ground” law.

The practical reason for runoffs is to prevent an unacceptable candidate from sneaking into office because he or she manages a fluke win in a crowded field. In a multi-candidate race, it’s possible for a candidate to finish first thanks to the votes of a minority of voters but still be unacceptable to the majority. Arkansas, in fact, implemented runoffs in the 1930s to keep Ku Klux Klan members from getting elected that way.

Solutions? One is to have no runoffs at all. Only six other states require them when no candidate wins a majority – Mississippi, Alabama, Texas, Oklahoma, Georgia and South Carolina. In 43 states, Rutledge would have been the nominee because she won 47.21 percent of the vote in the primary May 20. Sterling won 39.11 percent.

Another solution is to lower the bar. Instead of requiring candidates to win 50 percent of the vote, make it 40 percent, as is the case in North Carolina. That would require a candidate to demonstrate broad support. In that case, Rutledge still would have been the nominee.

A third solution is instant runoff voting, where voters rank candidates in order of preference instead of just voting for one. A process of mathematical elimination chooses a winner who finished the highest on the most ballots.

There is one other solution. Primary voters could again make the trek to the polls in the runoff – even if it is for a position like attorney general that, though important, doesn’t excite much interest.

Elections should be democratic, fair and practical. Without a runoff, the primary, where a large number of people voted, would have selected an acceptable candidate in Rutledge. Sterling is also acceptable, but if he had won on Tuesday, then the candidate who won 39 percent of the vote in the primary would have beaten the candidate who won 47 percent.

Because of the runoff, the candidates had to raise money and find voters, taxpayers had to pay for a statewide election, volunteers had to man voting booths for a week – all to select a nominee based on 5.4 percent of the vote. This can’t be the best way.