BUILDING SUPPORT FOR A MODERNIZED FEDERAL COMMUNICATIONS POLICY TO

POWER CONNECTED LEARNING

MODERN POLICY FOR MODERN LEARNERS:

October 2014

Produced by:

Introduction ............................................................. 01

Policy Context .......................................................... 03Redefining American Education ........................................ 05Why Connectivity Matters ................................................. 08

How Connectivity Demands Are Changing .................... 14

Building an Environment That Supports Connectivity ..... 16State Policy Trends: Access and Connectivity .................... 16Federal Policy Needs: Time for An Update ......................... 17

Conclusion ............................................................... 20

Disclosures .............................................................. 21

Endnotes .................................................................. 21

Table of Contents

Modern Policy for Modern Learners: Building Support for a Modernized Federal Communications Policy to Power Connected Learning01

IIntroduction

It’s been nearly a decade since Thomas Friedman famously declared, in his book of the same title, that “the world is flat.” As technology becomes increasingly ubiquitous in our daily lives, the concept of a modern globalized world is no longer new to us. Global technology trends project increased growth in both usage and investment, while revealing interesting behaviors that characterize how we’ve come to access and interact with information. Advances in cloud computing, data analytics and adaptive technology are changing our daily experiences in both work and play. A more than $30 billion investment in electronic health records and health information technology is changing the way we think about health

“When digital technology was first introduced into schools, it was mainly seen as a way of enhancing traditional instruction. But just as technology has disrupted many other sectors of society, it is now poised to disrupt education. It is becoming clear

that technology has the potential not just to improve education but also to transform the way students

learn, both in the classroom and beyond.”1

“Innovation is almost always supported—

if not driven—by technology.”4

care.2 Tablet growth is moving faster than PC growth ever did, while mobile phone use (at 73 percent population penetration) is quickly gaining on television use (at 78 percent population penetration).3

While technology has permeated nearly every facet of our lives, the U.S. education system is just beginning to show meaningful interest in technology as a tool for addressing what many see as alarming student outcomes. The most recent results of the OECD Programme for International Student Assessment (PISA) place American students 17th in reading, 27th in mathematics and 20th in science among the 34 OECD countries, results that show no significant

Modern Policy for Modern Learners: Building Support for a Modernized Federal Communications Policy to Power Connected Learning02

change over time, despite higher per-pupil spending than most countries and various education reform efforts spanning decades.5 Beyond the rankings, the 2012 PISA tests revealed that U.S. students are particularly weak in mathematical reasoning that requires higher-order thinking and real-world problem solving. That stagnation is predicted to be overcome by the implementation of Common Core State Standards (CCSS). Specifically, OECD’s study of the alignment between the CCSS and PISA revealed that

The convergence of key trends across technology, education and communications policy

presents the United States with an unprecedented opportunity to develop a plan to leverage

21st century technologies and broadband Internet platforms to enhance educational

opportunities, reduce disparities and connect students to the new world of boundless online

content and limitless possibilities. The purpose of this report is to describe the opportunities

for expanded access to a high-quality education created by high-access, connected learning

environments. Situated against the backdrop of the shifting policy environment around

communications legislation, this discussion aims to bring our perspective as strong advocates

for innovation in teaching and learning to bear on key policy decisions. Specifically, in order

to build the case for improved connectivity and provide intellectual support for modernizing

the Federal Communications Act, we explore the impact of the Internet on education, describe

why connectivity matters and offer recommendations for building a policy environment

reflects the convergence of education with communications policy.

a successful implementation of CCSS and related online assessments would “yield significant performance gains also in PISA.”6

Often in response to the opportunity set presented by new standards and assessments, American schools are quickly adopting new technology and school models intended to make students and teachers more productive. Families are adopting mobile devices and new learning tools at an even more rapid rate. Until recently, education was

Goals of This Report

Modern Policy for Modern Learners: Building Support for a Modernized Federal Communications Policy to Power Connected Learning03

something that took place at a school down the street. But the rapid advancement of wireless broadband networks has made learning increasingly mobile. Today learning takes place anywhere and at any time—during any given day, students may be using multiple devices, in multiple locations, learning from multiple content providers. The more demanding anywhere, anytime nature of learning that is rapidly evolving requires continued investment in new and faster networks and access to spectrum – the invisible radio waves that power connected devices – to meet growing demand for data

rich applications like video courses online. Modernizing the Communications Act will support a robust web of connectivity capable of meeting the growing demands of students around the world.

POLICY CONTEXTIn today’s modern classroom, students in blended, competency-based learning environments move freely in a space designed to give them access to a rich and diverse toolset of experiences across numerous settings and devices. These settings require ubiquitous connectivity. Yet, the federal policies that dictate key connectivity variables were created in the 1930s—when students used slates and inkwells rather than tablets and laptops.

The Federal Communications ActThe Communications Act of 1934 consolidated telephone, telegraph and radio regulations under a single statute and created the FCC. The regulations assumed a monopoly in telephone. A number of updates have been made since then:

Facebook has moved beyond social media into

messaging. With the introduction of Google Fiber,

Google is now more than a search engine. Amazon

isn’t just a marketplace anymore; it now offers

cloud-based storage and computing services.

Convergence is happening across several

industries—signaling the obsolescence of long-

held definitions and distinctions, like that of the

traditional Internet Service Provider (ISP).

Convergence

Modern Policy for Modern Learners: Building Support for a Modernized Federal Communications Policy to Power Connected Learning04

The 1996 Telecommunications Act did clear the way for competition in some respects, but it also preserved the siloed approach of the 1934 Act. As technologies converge across sectors, such that for instance cable companies also offer phone services, the siloed system is increasingly obsolete. The FCC continues to struggle to apply the 1996 Act in a world very different from the one for which the Act was created, one in which voice, video and information apps are delivered across multiple, converging platforms via always-on connections.

To take just one example, mobile broadband (and the extent of our reliance on it for day-to-day needs) has come a long way since 1996. While the United States is the clear global leader in 4G LTE adoption, maintaining that leadership depends on the

� The Act was expanded in 1967 to include television broadcasting.

� An additional title was added in 1984 to cover cable television.

� The Cable Television Consumer Protection and Competition Act of 1992 was intended to foster competition, diversity and localism in the cable television industry.

� The 1993 Omnibus Budget Reconciliation Act classified cellular service and authorized the FCC to conduct auctions for spectrum licenses.

� The Telecommunications Act of 1996 opened both the local and long-distance markets to competition and distinguished largely unregulated “information” services from “telecommunications” services, which would remain highly regulated.

� The 2005 Deficit Reduction Act included the Digital Television Transition, which shifted broadcast television from analog to digital transmission technologies.

� The Middle Class Tax Relief and Job Creation Act, passed in 2012, expanded the FCC’s spectrum auction authority.

“The federal policies that dictate key

connectivity variables were created in the

1930s—when students used slates and

inkwells rather than tablets and laptops.”

Modern Policy for Modern Learners: Building Support for a Modernized Federal Communications Policy to Power Connected Learning05

continued release of spectrum to commercial networks through the reassignment of government assets, auctions and the transfer of licenses on the secondary market. Relying on outdated policies inhibits further developments.

expanded set of K-12 skills and learning outcomes, also represent an opportunity to redefine the American diploma. As the nation pauses at this inflection point, a number of education trends show further evidence of this collective redefinition.

The William and Flora Hewlett Foundation calls for Deeper Learning characterized by six principles: mastery of core academic content, critical thinking and problem solving, collaboration, effective communication, self-directed learning and an academic mindset.8 Research shows that technology can facilitate improved student access to Deeper Learning opportunities by giving learners access to digital learning tools that “customize the educational experience and serve the individual needs of each student on his/her own unique learning path.”9 This call for customization echoes the National Education Technology Plan, which advocates for more personalized learning “paced to student needs, tailored to learning preferences and customized to the specific interests of different learners.”10 iNACOL adds to this definition of personalized

This paper builds the case for modernizing the Federal Communications Act to support innovation in education, incent private sector network investment and broaden connectivity for today’s students. It simply doesn’t make sense anymore to regulate different sectors of the technology marketplace under separate categories—wire line, telephone, wired Internet, wireless services, and cable—and distinct legal frameworks. A more technology-neutral approach to regulating the industry would foster enhanced competition by putting players on a level regulatory playing field.

“Rather than returning to rules

designed for monopoly telephone

service in the early 20th century, Congress should

adopt a competition policy that promotes

investment and opportunity across

the Internet economy, from network

providers to app developers, for the benefit of American

consumers.”7

REDEFINING AMERICAN EDUCATIONThe development and implementation of common college- and career-ready standards and accompanying online assessments, which signal a commitment to an

Modern Policy for Modern Learners: Building Support for a Modernized Federal Communications Policy to Power Connected Learning06

learning the concept of “student voice and choice in what, how, when and where they learn to provide flexibility and supports to ensure mastery of the highest standards possible.”11 Good teachers have long known the impact of personalizing instruction to improve outcomes. While personalized learning is possible without technology, advances in educational technology have now made available the tools to personalize and customize learning experiences for every student, at scale.

(2) at least in part in a supervised brick-and-mortar location away from home;

(3) and the modalities along each student’s learning path within a course or subject are connected to provide an integrated learning experience.”12

As a staunch advocate for the potential of blended learning to personalize instruction, iNACOL contends that personalized learning is enabled by instructional environments that are competency based within a system in which students advance upon demonstration of mastery.13

Research on online and blended learning adoption trends from multiple sources confirms that efforts to implement educational technology in the classroom continue to rise. According to the 2013 edition of the annual review Keeping Pace With K-12 Online & Blended Learning, about half of states offer blended learning schools in both traditional public and charter settings.15 Multidistrict, fully online schools serve more than 310,000 students in 30 states. Student access to part-time, supplemental

“New learning models personalize learning using competency-based approaches,

supported by blended and online learning

modalities and environments. Teachers

use technology daily to analyze and utilize

real-time data to differentiate instruction,

customize learning and to engage students

in deeper learning. All students are

responsible for their own learning and work

at their own pace by demonstrating mastery of required concepts,

resulting in higher achievement and

ensuring all students are prepared for both college and career.”14

A number of different approaches to personalization and customization are playing out in classrooms across the country, including blended and competency-based learning. The concepts of blended, personalized and competency-based learning are overlapping but not interchangeable. According to the Clayton Christensen Institute, blended learning is “a formal education program in which a student learns:

(1) at least in part through online learning, with some element of student control over time, place, path, and/or pace;

Modern Policy for Modern Learners: Building Support for a Modernized Federal Communications Policy to Power Connected Learning07

courses continues to improve, as well; state virtual schools supported more than 700,000 course enrollments in 26 states in 2012–2013 and state-supported course-access programs were operating in seven states in 2013–2014.16 And interest in digital tools and content continues to grow as online and blended learning programs grow. The NMC Horizon Report K-12, an annual report of trends in K-12 education, identified several key trends that are accelerating the adoption of educational technology in schools, among them a rethinking of the roles of teachers and of how schools work and a shift to Deeper Learning approaches.17

In Learner at the Center of a Networked World, the Aspen Institute Task Force on Learning and Internet describes a vision for an approach to teaching and learning that places the student at the center and balances vision and action by imagining what a connected set of learning experiences could entail and outlining how we can get there.18 The report offers a series of 26 actionable recommendations that speak to stakeholder involvement from the government, parents, educators, school district leaders, students, foundations, nonprofits and businesses. The recommendations offer advice on everything from learning environments bolstered by “next-generation models, strategies, tools, services and platforms” to improved infrastructure that allocates bandwidth “not on the needs of the institution as a whole but on the collective needs of all learners that they serve.” The recommendations also address policy support around interoperability, funding and student privacy—echoing many of the recommendations made in the DLN Smart Series collection of papers.19Aspen Task Force video “Learner at

the Center of a Connected World” PLAY

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WWhy

Connectivity Matters

“It is a simple fact that access to high-speed broadband is now as vital a component of K-12 school infrastructure as electricity, plumbing, air conditioning and heating. The same tools

that have transformed and enriched our personal, civic and professional lives are

dramatically improving learning experiences intended to prepare today’s students for

college and 21st century careers. Given that bandwidth capacity determines which online content, educational applications, and digital

learning service students and educators can use effectively in the classroom, it is in the national interest to ensure a baseline broadband capacity in and throughout all

schools and to incent continued digital learning innovation.”21

Reviewing the key reasons why connectivity matters is an important and necessary component of building the case for modernizing federal communications policy. As Richard Adler of Institute for the Future contends, “By looking forward and anticipating where the broadband Internet is going, we will better understand why developing a regulatory framework relevant for the 21st century is so critical to our digital future.”20

Modern Policy for Modern Learners: Building Support for a Modernized Federal Communications Policy to Power Connected Learning09

Connectivity powers personalized learningPowered by 24x7 connectivity, personalized learning environments can boost student engagement, drive student productivity, address specific learning needs and extend learning time. Adaptive technology and gaming are just two ways that connectivity can provide students access to tools that personalize learning. Engaging game-based learning builds persistence and critical thinking, and there is strong evidence that 90 minutes of use each week boosts elementary achievement.22 As students interact with adaptive technology, learning experiences are customized in real time. Such technology offers the most time- and cost-efficient way to track growth, but it requires broadband.

Connectivity can also drive personalized learning by extending the reach of great teachers and creating the opportunity for teachers to spend time with students who need individual attention.23 Connectivity also powers student access to part-time online learning opportunities via hard-to-staff courses, including college preparatory courses, electives, and

college credit opportunities that are often outside of the reach of students in smaller, rural or under-resourced districts.24 Connectivity makes connections with the world

Technology is often an important tool in deeper learning environments, such as those in schools and networks that practice project-based learning (PBL). PBL incorporates real-world challenges that require research and production of professional-quality writing and presentations; both tasks are aided by connectivity. Connectivity also supports interest-based learning, in which students demonstrate mastery of basic concepts through the study of topics they are interested in. These kinds of deeper learning approaches will continue to improve high school and college completion rates, but they require access to broadband.

Connectivity is key to other aspects of the U.S. shift to new measures of college and career readiness, as well, including online career exposure and virtual mentoring programs. It is also improving access to academic support systems and youth and family services.25

Modern Policy for Modern Learners: Building Support for a Modernized Federal Communications Policy to Power Connected Learning10

Connectivity also promotes global connections, making it a central component of the expansion of global competence. One mechanism for this is expanded access to world languages; with online and blended courses, it’s now possible and affordable to offer full K-12 access to the world’s leading languages.26 Projects like I-EARN, Global Nomads Group, Taking It Global and World Wide Workshop connect young people around the world, promoting global awareness, student engagement and leadership.

Connectivity helps meet special needsStudents across all levels of ability can benefit from personalized learning. The field of educational technology is just beginning to uncover the potential of personalized learning for students with special needs. Examples include touch screens and assistive technologies, such as voice-to-text and text-to-voice tools and magnification. Supportive technology and personalized instruction make it easy to serve a larger percentage of students with special needs in a regular classroom. “Blended learning models have allowed special needs students to be present

and fully connected to the classroom community throughout the day, instead of spending large amounts of time removed from their classmates,” said Robin Wise, special service manager for blended schools at K12.

Connectivity can also offer other opportunities to special needs students. Distributed workforce strategies can better match specialists and special needs—allowing the provision of any service, anytime, anywhere. Last year, PresenceLearning conducted more than 200,000 live online therapy sessions in public district and charter schools; the organization also offers online occupational therapy and counseling. Online and blended learning have also created personalized opportunities for other nontraditional students, including those who are overaged, undercredited, disengaged or adjudicated.27

Connectivity supports high-quality teachingOnline and blended learning is also beginning to transform teacher preparation and teacher training. Coupled with a shift to common college- and career-ready standards, connectivity has begun breaking down the isolation

Modern Policy for Modern Learners: Building Support for a Modernized Federal Communications Policy to Power Connected Learning11

of the teaching profession. Millions of teachers now participate in professional learning communities with teachers in similar roles.28 In addition to informal learning, formal teacher professional development is also improved by technology. A 2013 global study of best practices in professional learning suggested that education professionals should have individual learning plans and access to a combination of collaborative and online learning experiences.29

Connectivity boosts learning and productivityParents, teachers and students are increasingly turning to a growing array of digital tools and applications to more work more efficiently and boost productivity. Connectivity means student and teacher work are accessible and mobile. Cloud-based applications allow students to access work on any device, from anywhere, at anytime. Connectivity allows teachers to flip classrooms, sending lectures and instructional materials home with students so that classroom time can be spent in problem solving.

Connectivity boosts parent communications. Examples of improved parent connections include Remind 101, used by 12 million teachers, students and parents to send over 500 million text messages. ClassDojo is used by 35 million teachers, students and parents to track and improve student behavior in real time.

Connectivity is improving access to student records, allowing teachers to personalize learning from day one based on the student’s previous learning experiences. Like portable medical records, parents will soon be able to access and share student learning profiles with afterschool and summer school providers and tutors.30

Connectivity supports community and collaborationConnectivity promotes community and connections for learners of all ages. For many young people, like church, sports teams or clubs, online communities are informal gathering spaces where young people connect with others.31

Modern Policy for Modern Learners: Building Support for a Modernized Federal Communications Policy to Power Connected Learning12

Connectivity promotes collaborative creation. Cloud-based applications like Google Docs allow authors anywhere to simultaneously co-construct work products. Connectivity and student access devices (laptops or tablets) are promoting more writing across the curriculum. Free tools make it easy for teachers in every subject to assign and assess quality writing.32

Connectivity saves moneyDigital content is less expensive than textbooks; it’s more current and more engaging, and often incorporates embedded assessments. Connectivity also facilitates the creation and sharing of open education resources (OERs). Where there is broadband connectivity, there are enough high-quality OERs to replace secondary and postsecondary textbooks.

New tools and better connectivity are transforming central office services, as well, improving services levels and allowing districts to shift more resources to classrooms, save money, and reinvest in teachers.

In all these ways, connectivity boosts student access to learning opportunities that equip them to thrive in college and career. However, research confirms that America’s schools currently fail when it comes to universal student and teacher access to reliable, high-speed connectivity. Research from the U.S. Department of Education reveals that while 93 percent of computers in American schools have Internet access, 72 percent of schools lack adequate bandwidth to use 1:1 devices in every classroom and fewer than 1 percent of schools have adequate bandwidth to meet projected educational needs for 2017.33

Modern Policy for Modern Learners: Building Support for a Modernized Federal Communications Policy to Power Connected Learning13

7 WAYS BROADBAND BOOSTS LEARNING

CONNECTIVITY...

supportshigh-quality

teaching

savesmoney

boostslearning

andproductivity

supportscommunity

andcollaboration

makesconnections

with theworld

powerspersonalized

learning

helpsmeet

specialneeds

Modern Policy for Modern Learners: Building Support for a Modernized Federal Communications Policy to Power Connected Learning14

HHow

Connectivity Demands

Are Changing

Connectivity demands are growing exponentially. The State Education Technology Directors Association (SETDA) estimates an order of magnitude growth between 2014 and 2017.34

The increased demand is being driven by:

� An increase in school-provided access devices—nearly one device for every two students—and in schools allowing students to bring devices to school (BYOD programs);

� Rapidly expanding use of adaptive learning systems, learning games and video instruction, resulting in most students spending more time in high-bandwidth activities at school and at home, and

� Rapid growth in part-time online learning (also called course access), which will soon be part of most high school experiences.

School districts have historically been the buyers of K-12 connectivity and devices. However, the demand-side landscape is becoming more

varied, with independent and charter schools, managed school networks, statewide online learning providers, software-as-a-service providers, tutoring services and families all playing a role in digital delivery. Twenty years ago, educational options for many families were limited to the local school; increasingly, learning is a personalized bundle of services from multiple providers.

Device costs have plummeted so rapidly that connectivity, rather than device access, is now often the limiting education factor. Connectivity will grow in importance as student access ratios continue to improve and as the percentage of time spent in high-bandwidth activities expands.

In short, connectivity is vital to education today and it is central to the shift from education in a place to learning as a service. Meeting the needs of a generation of mobile learners will require the right policies to ensure seamless access and to maximize adoption of technologies regardless of income levels, abilities or geographic situation.

Modern Policy for Modern Learners: Building Support for a Modernized Federal Communications Policy to Power Connected Learning15

Virtual mentoring will soon benefit most students and boost

college and career preparation. 

Flex schools that combine online curriculum and onsite support

are becoming important high school options and will become

more common at the elementary level as groups of families create

micro-flex schools with shared custodial, support and

extracurricular services.

Extended learning options (before- and after-school and

summer learning) are expanding and require more seamless

broadband connections across multiple settings.

Career awareness and career and technical education, now

being promoted by federal and state governments, will be

increasingly rich in the use of video and simulation deployed as

both web and mobile applications.

Postsecondary connections will become increasingly

important and more students will take online and blended

dual-enrollment classes.

24

7

5 EMERGING ACTIVITIES THAT REQUIRE HIGH LEVELS OF CONNECTIVITY:

Modern Policy for Modern Learners: Building Support for a Modernized Federal Communications Policy to Power Connected Learning16

BBuilding an

Environment That

Supports Connectivity

In order to give students access to the connectivity they need to become college- and career-ready, American schools must be supported by a policy environment that removes barriers to innovation, incents investment and allows connected learning to thrive.

STATE POLICY TRENDS: ACCESS AND CONNECTIVITYForward-leaning state policy frameworks like Digital Learning Now recommend a

strong state role in supporting student access to broadband, and EducationSuperHighway is urging development of regional fiber consortia to provide cost savings to school districts.36 Several state taskforces have made broadband access a priority.37 A few states have made significant investments: Ohio developed a high-speed network that benefits universities and school districts.38 New Mexico committed $50 million to boost public-school broadband infrastructure.39

“A new governance framework that promotes this kind of innovation and investment will spur

collaboration among users, entrepreneurs, practitioners and developers to drive the next wave of digital solutions to our most pressing

societal challenges in health care, energy sustainability, education and more.”35

Modern Policy for Modern Learners: Building Support for a Modernized Federal Communications Policy to Power Connected Learning17

The federal government is also getting involved. In July 2013, the White House announced ConnectED, an advocacy initiative to boost connectivity, and a July 2014 update to the E-Rate program continues federal investment in K-12 broadband infrastructure.

While these state and federal efforts provide assistance in some areas, they fall short of what is needed to connect all students and schools. Some schools and families still can’t get or afford what they need. As the education delivery landscape grows in complexity and demands more and more ubiquitous broadband access, policymakers and service

providers must work together to ensure all families with school age children and all schools are connected.

FEDERAL POLICY NEEDS: TIME FOR AN UPDATEThe Communications Act of 1934 still governs telecommunications in America. While it has been updated periodically, it has not been modernized in 18 years. Given the pace of technology change, 18 months is a long time, let alone 18 years. From phones to television to technology that didn’t even exist at the last modernization, a lot has changed, but dated regulations continue to view the communications sector as a set of silos focused on distinct services. Removing legacy rules and crafting a policy for the digital age will unleash a new era of broadband investment, killer apps, business partnerships, devices and unimaginable innovations that will further revolutionize online learning.

Recognizing the need for an update, the Federal Communications Commission and both houses of the

In “Broadband and the future of learning,” Richard

Adler points to promising practices that are helping

to expand access. One private-sector example is

Comcast’s Internet Essentials Program, which has

provided affordable access for more than 350,000

low-income families. The public-private partnership

in Forsyth County, Georgia, shows how schools can

work with local organizations such as the Chamber of

Commerce to boost accessibility.40

Modern Policy for Modern Learners: Building Support for a Modernized Federal Communications Policy to Power Connected Learning18

legislature, led by the House Committee on Energy and Commerce, have been studying possible changes.

RecommendationsIn a recent speech, FCC Chairman Tom Wheeler said, “Changes in technology, business models, and consumer preferences have presented us with circumstances that are radically different from those that prevailed a generation ago. With widespread deployment of digital technology and high-speed broadband networks, wired and wireless have led us to an environment we could not have imagined when our communications laws were written.”41

Education is shifting from low- to high-bandwidth tools and from a single-purchaser to a multi-provider environment. Matching the demands of this shift requires more competition, rational allocation and room for innovation. Creating that type of environment will require a new approach to communications policy and law:

Scratch built, no silos. The new law should be built from scratch based on the principles of consumer protection, promotion of competition,

and encouragement of investment and innovation. All three require breaking down regulatory silos. Historical service classifications such as telephone and cable are outdated constructs that often favor one competitor over another without good reason. As the Information Technology and Innovation Foundation explained, “In 1996 voice, video, and data were carried over separate “wires” and constituted separate services. Soon after the ’96 Act, communications began to converge on the IP platform. With this ongoing convergence comes improved competition and dynamism in communications markets. Many laws, especially those designed for regulating legacy services in a monopoly era, no longer make sense where competition is established.”

Adjudicate, don’t regulate. The increasingly competitive communications industry should embrace a multi-stakeholder approach in which companies are free to partner and innovate unless a collaboration is found to be in conflict with consumer welfare. A competition-based standard would require the FCC to determine before

Modern Policy for Modern Learners: Building Support for a Modernized Federal Communications Policy to Power Connected Learning19

For more ongoing and up-to-date information on

updates to the Federal Communications Act see

http://energycommerce.house.gov/CommActUpdate

and follow along on social media, using the

#CommActUpdate hashtag.

regulating that a market failure is harming consumers. Such policies will allow innovators offering new education technologies to partner with different providers in experimental ways to deliver a portfolio of digital learning services. Only a level playing field will encourage the partnerships and connections necessary to bring these innovations to fruition. The Information Technology and Innovation Foundation suggests that achieving broad social welfare and consumer protection requires a balance a between the push for more competition and the need to create an efficient broadband industry structure. This balance requires more adjudication than regulation.42

For more information

Modern Policy for Modern Learners: Building Support for a Modernized Federal Communications Policy to Power Connected Learning20

Access to technology and Internet services have fundamentally changed the way that education is delivered. Students of all ages, abilities and race can have instant access to world-class educational resources. But there is still work to be done to ensure ubiquitous access for students, teachers and schools.

The emerging anywhere, anytime multiple-provider digital-learning landscape demands world class broadband access from a diverse, competitive and efficient Internet marketplace. It’s time for Congress to embrace this technological revolution in education and the convergence of education with communications and modernize the Communications Act to position our educational system for the digital age.

CConclusion

Modern Policy for Modern Learners: Building Support for a Modernized Federal Communications Policy to Power Connected Learning21

Getting Smart® is an education advocacy firm passionate about innovations in learning. We help education organizations construct cohesive and forward-thinking strategies for branding, awareness, advancement and communication, and public and media relations. We are advocates for better K-12 education as well as early, post-secondary and informal learning opportunities for all students. We attempt to accelerate and improve the shift to digital learning. On GettingSmart.com we cover important events, trends, products, books and reports.

K12, PresenceLearning, and Digital Learning Now are Getting Smart Advocacy Partners.

ClassDojo is a portfolio company of Learn Capital where Tom Vander Ark is a partner.

Disclosures

Endnotes 1. Richard Adler, “Broadband and the future of learning” (Blog entry, September 2, 2014), Computer World. http://www.computerworld.com/article/2601008/internet/broadband-and-the-future-of-learning.html.

2. Department of Health and Human Services, “Modifications to the HIPAA Privace, Security, Enforcement, and Breach Notification Rules Under the Health Information Technology for Economic and Clinical Health Act [HITECH ACT] and the Genetic Information Nondiscrimination Act; Other Modifications to the HIPAA Rule,” Federal Register 78, no. 17 (January 25, 2013). http://www.gpo.gov/fdsys/pkg/FR-2013-01-25/pdf/2013-01073.pdf.

3. Mary Meeker, “Internet Trends 2014,” KPCB, May 28, 2014. http://www.kpcb.com/internet-trends.

4. Eric Braverman and Michael Chui, “Unleashing Government’s ‘Innovation Mojo’: An Interview with the US Chief Technology Officer,” McKinsey Insights, June 2012. http://www.mckinsey.com/insights/public_sector/unleashing_governments_innovation_mojo_an_interview_with_the_us_chief_technology_officer.

5. OECD, “Programme for International Student Assessment (PISA) Results from 2012—United States: Key Findings.” http://www.oecd.org/pisa/keyfindings/PISA-2012-results-US.pdf.

6. OECD, “PISA and the US Common Core State Standards for Mathematics.” http://www.oecd.org/pisa/keyfindings/PISA2012-US-CHAP4.pdf.

7. John Sununu and Harold Ford, Jr., Co-Chairs, Broadband for America, Letter to the Honorable Fred Upton, Chair of the Energy and Commerce Committee, and the Honorable Greg Walden, Chair of the Communications and Technology Subcommittee, US House of Representatives, June 13, 2014. http://www.broadbandforamerica.com/sites/default/files/BFACompetitionPolicy%20Comments61314.pdf.

8. William and Flora Hewlett Foundation, “Deeper Learning,” William and Flora Hewlett Foundation Programs. http://www.hewlett.org/programs/education/deeper-learning.

9. T. Vander Ark and C. Schneider, “How Digital Learning Contributes to Deeper Learning” (White Paper, December 2012). http://cdno2.gettingsmart.com/wp-content/uploads/2012/12/Digital-Learning-Deeper-Learning-Full-White-Paper.pdf.

Modern Policy for Modern Learners: Building Support for a Modernized Federal Communications Policy to Power Connected Learning22

10. Office of Educational Technology, Department of Education, “National Education Technology Plan” (2010, Washington, DC).

11. Susan Patrick, Kathryn Kennedy, and Allison Powell, “Mean What You Say: Defining and Integrating Personalized, Blended and Competency Education,” Report, October 2013 (iNACOL). http://www.inacol.org/cms/wp-content/uploads/2013/10/iNACOL-Mean-What-You-Say-October-2013.pdf.

12. Clayton Christensen Institute, “Blended Learning,” Clayton Christensen Institute for Blended Learning, 2012. http://www.christenseninstitute.org/key-concepts/blended-learning-2/.

13. For more information regarding the shift from cohorts to competency education see, http://digitallearningnow.com/site/uploads/2013/01/CB-Paper-Final.pdf.

14. Patrick, Kennedy, and Powell, “Mean What You Say.” 15. John Watson, Amy Murin, Lauren Vashaw, Butch Gemin, and Chris Rapp,

“Keeping Pace with K-12 Online & Blended Learning: An Annual Review of Policy and Practice,” Evergreen Education Group, 2013. http://kpk12.com/cms/wp-content/uploads/EEG_KP2013-lr.pdf.

16. Watson et al., “Keeping Pace with K-12 Online & Blended Learning.” 17. L. Johnson, S. Adams Becker, V. Estrada, and A. Freeman, “NMC Horizon

Report: 2014 K-12 Edition” (The New Media Consortium, Austin, TX, 2014). http://cdn.nmc.org/media/2014-nmc-horizon-report-k12-EN.pdf.

18. Aspen Institute Task Force on Learning and the Internet, “Learner at the Center of a Networked World” (The Aspen Institute, Washington, DC, 2014). http://www.aspeninstitute.org/sites/default/files/content/docs/pubs/Learner-at-the-Center-of-a-Networked-World.pdf.

19. See http://digitallearningnow.com/policy/publications.20. Richard Adler, “Rethinking Communications Regulation,” Opinion,

Computerworld, August 19, 2014. http://www.computerworld.com/article/2491363/internet/rethinking-communications-regulation.html.

21. State Education Technology Directors Association (SETDA), “Equity of Access: The Broadband Imperative,” SETDA.org, 2014. http://www.setda.org/priorities/equity-of-access/the-broadband-imperative/.

22. See Nigel Nisbet and Dana Luther, “Better Blends With Visual Game-Based Math,” MIND Research Institute, 2014. http://cdn2.hubspot.net/hub/237516/file-634532169-pdf/images/MINDBLWhitePaper_MS-WP-101.pdf?t=1396631837000.

23. See John Bailey, Bryan Hassel, Emily Ayscue Hassel, Carri Schneider, and Tom Vander Ark, “Improving Conditions & Careers: How Blended Learning Can Improve the Teaching Profession,” Digital Learning Now! Smart Series, No. 7, May 2013. http://digitallearningnow.com/site/uploads/2013/05/Conditions-and-Careers-Final-Paper1.pdf.

24. See Fueling A Revolution.25. See Mary Ryerse, Carri Schneider, and Tom Vander Ark, “Core & More:

Guiding and Personalizing College & Career Readiness,” Digital Learning Now! Smart Series, No. 11, May 2014. http://digitallearningnow.com/site/uploads/2014/05/FINAL-Smart-Series-Core-and-More-Guidance.pdf.

26. See Winifred Kehl, Moss Pike, Carri Schneider, and Tom Vander Ark, “The Next Generation of World Language Learning,” Getting Smart, October 2010. http://cdno2.gettingsmart.com/wp-content/uploads/2013/10/FINAL-Rosetta-Stone-Paper.pdf.

27. See John Bailey, Susan Patrick, Carri Schneider, and Tom Vander Ark, “Online Learning Myths, Reality & Promise,” Digital Learning Now! Smart Series. http://digitallearningnow.com/site/uploads/2014/05/Online-Learning-Paper-.pdf.

28. Tom Vander Ark, “Connectivity is Critical: 33 Ways Broadband Boosts Learning (Blog entry, June 24, 2104), Getting Smart. http://gettingsmart.com/2014/06/connectivity-critical-33-ways-broadband-boosts-learning/ .

Modern Policy for Modern Learners: Building Support for a Modernized Federal Communications Policy to Power Connected Learning23

29. Tom Vander Ark, “Plugging Into Professional Learning Communities” (Blog entry, October 3, 2013), Getting Smart. http://gettingsmart.com/2013/10/plugging-professional-learning-communities/.

30. John Bailey, Samuel Casey Carter, Carri Schneider, and Tom Vander Ark, “Data Backpacks: Portable Records & Learner Profiles,” Digital Learning Now! Smart Series, October 2012. http://digitallearningnow.com/site/uploads/2014/05/DLN-Smart-Series-Databack-Final1.pdf.

31. Bonnie Lathram, “Why Connectivity Matters” (Blog entry, June 16, 2014), Getting Smart. http://gettingsmart.com/2014/06/connectivity-matters/.

32. Tom Vander Ark, “Writing Across the Curriculum With The Literacy Design Collaborative” (Blog entry, February 20, 2013), Getting Smart. http://gettingsmart.com/2013/02/writing-across-the-curriculum-with-the-literacy-design-collaborative/.

33. Lucinda Gray, Nina Thomas, Laurie Lewis, and Peter Tice, “Teachers’ Use of Educational Technology in US Public Schools: 2009—First Look,” US Department of Education, NCES 2010-040. http://nces.ed.gov/pubs2010/2010040.pdf.

34. SETDA, “Equity of Access.”35. Verizon, “Modernizing the Communications Act,” Public Policy Paper,

January 31, 2014. http://publicpolicy.verizon.com/assets/images/content/FinalVZComments131_CommActUpdate.pdf.

36. EducationSuperHighway, “Reduce Costs for Schools,” EducationSuperHighway.com, 2014. http://www.educationsuperhighway.org/reduce-costs.html.

37. Digital Learning Now, “Learning Takes the Lead in Georgia” (Blog post, December 18, 2013), Digital Learning Now. http://digitallearningnow.com/news/blog/learning-takes-the-lead-in-georgia/.

38. OhioHigherEd, “Governor Kasich Announces Ten-Fold Boost to Ohio’s Broadband Network,” Press Release, n.d. https://www.ohiohighered.org/press/governor-kasich-announces-ten-fold-boost-ohio’s-broadband-network.

39. KRWG News, “New Mexico to Spend $50 Million on Broadband for Public Schools,” KRWG.ORG, March 10, 2014. http://krwg.org/post/new-mexico-spend-50-million-broadband-public-schools.

40. Adler, “Broadband and the Future of Learning.” 41. Tom Wheeler, Prepared Remarks at Silicon Flatirons, University of Colorado

Law School, Boulder, CO, February 10, 2014. http://www.fcc.gov/document/fcc-chairman-tom-wheeler-remarks-silicon-flatirons.

42. Robert D. Atkinson and Douglas Brake, Information Technology and Innovation Foundation, Letter to the Honorable Fred Upton and the Honorable Greg Walden, Committee on Energy and Commerce, US House of Representatives, January 31, 2014, page 124.

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