E-Update for the Week of 12, 2019

Highlights:

• On April 10, the House Education and Labor Committee held a full committee hearing titled, “Examining the Policies and Priorities of the U.S. Department of Education.” The hearing was focused on the FY2020 U.S. Department of Education (USED) budget proposal and included the testimony of USED Secretary Betsy DeVos. The Secretary used her opening statement to describe the FY2020 budget as a result of Congress’s impending spending cuts due to the Budget Control Act of 2011; her efforts to expand school choice with the Education Freedom Scholarships; and the expansion of Pell Grants applicability to high-quality, short-term training programs. Democrats largely focused their questions on how the Secretary was or was not enforcing the law, especially for ESSA state plans and investigating for-profit colleges. Republicans focused on the Secretary’s Education Freedom Scholarship proposal and what she is doing to implement the Perkins Career and Technical Education Act.
• On April 10, House Appropriations Committee Labor, Health and Human Services, Education, and Related Agencies (Labor/HHS) Subcommittee Ranking Member Tom Cole (R-OK) stated the Subcommittee is likely to mark-up a fiscal year (FY) 2020 appropriations bill on April 30. This would result in the full Appropriations Committee considering the FY2020 Labor/HHS appropriations bill on May 8.
• On April 9, the House adopted a deeming resolution – H.Res. 293, “Providing for budget enforcement for fiscal year 2020” – that would set an overall funding amount for FY2020 of approximately $1.3 trillion. The resolution was approved by the House with a 219-201 vote. Based on this overall funding amount, House Appropriations Chairwoman Nita Lowey (D-NY) will be assuming a total of $733 billion in defense spending, an increase of about 2 percent from FY2019, and $631 billion in non-defense spending, an increase of about 6 percent from FY2019, when considering the 12 annual appropriations bills.

Budget & Appropriations:

Ranking Member Cole expects Labor/HHS mark-up as soon as April 30: House Appropriations Committee Labor, Health and Human Services, Education, and Related Agencies (Labor/HHS) Subcommittee Ranking Member Tom Cole (R-OK) stated the Subcommittee is likely to mark-up a fiscal year (FY) 2020 appropriations bill on April 30. This would result in the full Appropriations Committee considering the FY2020 Labor/HHS appropriations bill on May 8. A POLITICO article is here.
April 10, 2019

House adopts $1.3 trillion spending levels for FY2020, Trump vows it will not happen: The House adopted a deeming resolution – H.Res. 293, “Providing for budget enforcement for fiscal year 2020” – that would set an overall funding amount for FY2020 of approximately $1.3 trillion. The resolution was approved by the House with a 219-201 vote. Based on this overall funding amount, House Appropriations Chairwoman Nita Lowey (D-NY) will be assuming a total of $733 billion in defense spending, an increase of about 2 percent from FY2019, and $631 billion in non-defense spending, an increase of about 6 percent from FY2019, when considering the 12 annual appropriations bills. A POLITICO article is here. The resolution in full is here.

Relatedly, President Donald Trump suggested he would not sign any appropriations bill that did not meet the impending spending cuts due to the Budget Control Act of 2011. On Twitter, the President stated, “House Democrats want to negotiate a $2 TRILLION spending increase but can’t even pass their own plan. We can’t afford it anyway, and it’s not happening!” The President’s tweet is here.
April 9 and 11, 2019

Congress:

Senate:

The Senate will be in recess starting today, April 15. The Senate will return after two weeks on Monday, April 29.

HELP Committee explores college accountability: The Senate Health, Education, Labor, and Pensions (HELP) Committee held a hearing titled, “Reauthorizing the Higher Education Act: Strengthening Accountability to Protect Students and Taxpayers.” During the hearing, HELP Committee Chairman Lamar Alexander (R-TN) described there are actions colleges and universities can take to increase and improve accountability, but the federal government should not be a “National School Board for Colleges.” Instead, he argues “Congress should create a new measure of accountability that looks at whether students are actually repaying their loans.” He went on to describe the federal government as having a role in making data collected from colleges and universities more useful to students and families. HELP Committee Ranking Member Patty Murray (D-WA) stated that there needs to be greater partnership between the Federal government and colleges and universities. “Each has an important role to play. Each must do their part. And there must be coordination between the three to ensure students are getting the very best education.” The Ranking Member went on to state that schools need to better support students from historically underrepresented backgrounds so they are able to complete their degree programs. A recording of the hearing is here. A press release from Chairman Alexander is here. A press release from Ranking Member Murray is here.
April 10, 2019

House:

The House will be in recess starting today, April 15. The House will return after two weeks on Monday, April 29.

DeVos testifies in front of House Ed & Labor Committee; Democrats focus on ESSA enforcement, civil rights protections, and federal funds for guns: The House Education and Labor Committee held a full committee hearing titled, “Examining the Policies and Priorities of the U.S. Department of Education.” The hearing was focused on the FY2020 U.S. Department of Education (USED) budget proposal and included the testimony of USED Secretary Betsy DeVos. The Secretary used her opening statement to describe the FY2020 budget as a result of Congress’s impending spending cuts due to the Budget Control Act of 2011; her efforts to expand school choice with the Education Freedom Scholarships; and the expansion of Pell Grants applicability to high-quality, short-term training programs. During the hearing, Democrats used the opportunity to question the Secretary, among other issues, on her efforts to ensure civil rights protections for students, including what states are doing to monitor the performance of student subgroups as required by the Every Student Succeeds Act (ESSA); what she is doing to investigate for-profit colleges and universities; and how she is protecting student borrowers from closed or fraudulent for-profit colleges and universities. Republicans, led by Ranking Member Virginia Foxx (R-NC), focused on the Secretary’s efforts to allow for state and district discretion in making decisions and implementing programs; how the Education Freedom Scholarship program will expand opportunities and choices; and how the Secretary plans on implementing the recently reauthorized Perkins Career and Technical Education Act. A recording of the hearing is here. Secretary DeVos’s opening testimony is here. House Education and Labor Committee Chairman Bobby Scott’s (D-VA) opening statement is here. Ranking Member Foxx’s opening statement is here. A press release from Committee Republicans is here.

Additionally, during the hearing Rep. Jahana Hayes (D-CT) questioned the Secretary on her authority to prevent states and school districts from using federal funds, specifically Title IV, Part A funds, to purchase firearms or train school personnel on using firearms. Secretary DeVos stated that due to language in ESSA, states have the authority to make this decision. Rep. Hayes entered into a record an internal Department memo from Jason Botel, former Principal Deputy Assistant Secretary to Kent Talbert, Senior Advisor within the Office of the Deputy Secretary. The memo described the Secretary having the authority, in light of the ambiguity within the statute, to prevent states and school districts from using federal funds for these purposes. The memo presented three options for the Department – 1) allowing states to use funds to purchase firearms and train school staff, 2) allowing states to use funds only to train school staff, or 3) prohibit the use of funds to purchase firearms or to train school staff. The memo recommended the second option but a handwritten “X” is next to the first option. A POLITICO article is here. The internal memo is here. (Note a POLITICO Pro subscription is required.)
April 10, 2019

Foxx ‘really optimistic’ about HEA reauthorization: POLITICO published an interview with House Education and Labor Committee Ranking Member Virginia Foxx (R-NC). The interview largely focused on Ranking Member Foxx’s perception of USED Secretary DeVos’s job performance, as well as the Secretary’s relationship with House Democrats. Key highlights of the interview include the Ranking Member believing Democrats’ criticisms of the Secretary’s handling of civil rights issues as “unfair;” that the Secretary has “handled herself very well” given her relationship with House Democrats; and that the Ranking Member is “really optimistic” Congress can reauthorize the Higher Education Act and sees areas of compromise existing in accountability, student debt, and workforce development. Further, Ranking Member Foxx described the Public Service Loan Forgiveness program as “a mess” currently, and there is a need for the program to be reformed. The Ranking Member also discussed her thoughts on the issue of transparency and the sharing of student outcomes data. “I don’t think we need to [lift the student unit record ban] because colleges and universities can get program-level information now, and they don’t have to be tracking individual students.” Additionally, the Ranking Member identified the Child Abuse Prevention and Treatment Act (CAPTA) as another opportunity for Congress to advance legislation. A POLITICO article is here.
April 8, 2019

Scott to state chiefs – ESSA plans ‘falling short’: House Education and Labor Committee Chairman Bobby Scott (D-VA) addressed state education leaders during the Council of Chief State School Officers (CCSSO) annual legislative conference. During his address, the Chairman expressed that many ESSA state plans are “falling short” of expectations and is “disappointed” that states are ignoring subgroup performance. “State systems of differentiation that allow schools to receive top state rankings by supporting the highest performing students while at the same time historically disadvantaged students continue to fail – those programs do not live up to the promise of ESSA.” Chairman Scott once again argued that USED Secretary DeVos approved plans that did not comply with ESSA’s “equity guardrails.” Further, the Chairman urged state education leaders to improve transparency for resource allocation and be “thoughtful and purposeful” in identifying struggling schools.
April 8, 2019

Administration:

U.S. Department of Education (USED):

Texas Tech, in agreement with OCR, ceases race-considerations medical school admissions: Texas Tech University’s medical school announced it will no longer consider race as a factor in student admissions decisions. In an agreement with the medical school, the Office of Civil Rights states that the school can consider race in admissions only if it provides a “reasoned, principled explanation for its decision and identifies concrete and precise goals” consistent with legal standards but must provide OCR with a plan 60 days in advance. This agreement marks the first time the Department, under the Trump Administration, has reached such a resolution in its investigations of colleges and universities using race in admissions. An Inside HigherEd article is here.
April 10, 2019

TEACH grant neg. reg. proposed changes reported by NASFAA: The National Association of Student Financial Aid Administrators (NASFAA) reported the proposed changes to the TEACH grant program as a result of the consensus reached in the negotiated rulemaking committee meeting last week. According to NASFAA, the recommendations will include converting grant to loans only by the impossibility of completing the four-year servicing agreement within the eight-year timeframe; qualifying teaching service may now include teaching in a high-need field designated by the state and listed in the nationwide list, without any exceptions; improving communications with TEACH grant recipients; adding new circumstances for service-clock suspension eligibility; and including new conversion reconsideration language that will ensure USED reconverts a loan to a grant based on documentation provided by the recipient or if USED records demonstrate the recipient was satisfying the teaching service obligation or that the grant was improperly converted to a loan. The full NASFAA article is here.
April 8, 2019

DeVos to state chiefs – ‘continue to raise the bar’: USED Secretary DeVos addressed state education leaders at the Council of Chief State School Officers (CCSSO) annual legislative conference. During her address, the Secretary called on state leaders as they implement their ESSA state plans to maintain high expectations for all students. “We have to continue to raise the bar and have expectations that are continually setting our sights on what the next level of achievement may be,” stated the Secretary. Further, Secretary DeVos expressed the Department would be considering ESSA waivers if a request would increase expectations, but would not address waivers positively if the request is to “obfuscate or put off something you should be doing today for students.” Additionally, the Secretary encouraged state education leaders to test out “student-centered funding” and to think about innovative, creative approaches to increasing student achievement. A POLITICO article is here.
April 8, 2019

Publications (Outside Organizations):

• On April 8, Chiefs for Change published a report titled, “Breaking Through: Shattering the Glass Ceiling for Women Leaders.” The report examined employment data to determine how many women served in leading education positions such as superintendents or cabinet administrators in school districts across the country, finding that women make up less than one third of district superintendents and women of color only make up 11 percent of superintendents. Key recommendations of the report include setting clear, public goals for greater gender equity at the superintendent level; intentionally grooming more women for leadership positions, especially for women of color, by providing them mentors and active sponsors; and providing greater coaching support and family-friendly policies. The full report is here.
• On April 8, the Century Foundation released a report titled, “A Bold Agenda for School Integration,” to provide policy recommendations to Congress to advance Racial and socioeconomic school integration. The report explores the research on “academic, cognitive, civic, socioemotional, and economic benefits of school integration”; “outlines the evidence showing rising school segregation”; and, and “lays out long-term, medium-term, and short-term sets of policy initiatives that could make school integration a true federal priority.” The report is here.
• On April 8, Third Way published a report titled, “The State of American Higher Education Outcomes in 2019.” The report examines data such as college completion rate, post-enrollment earnings, and loan repayment to determine the level of success in higher education institutions in preparing the next generation of workers. Key findings of the report include identifying that a typical four-year institution graduates 77 percent of its students; that 85 percent of four-year institutions graduate students who are able to pay down their loan principal shortly after graduating; and that 68 percent of two-year institutions have a majority of their students who owe more educational debt than the amount they had originally borrowed due to interest accrued. The full report is here.
• During the week of April 8, the National Urban League released a state by state analysis which, “assessed how well states incorporated equity into their [Every Student Succeeds Act (ESSA) Consolidated State Plans] and developed a series of report cards that use a green-yellow-red highlight system to rate the plans on 12 Equity Indicators including: early childhood learning, supports for struggling schools, and resource equity.” Extra weight was placed on those areas that the National Urban League believes are especially critical to advancing equity—subgroup performance, supports, and interventions for struggling schools and for resource equity. The report is here.

Upcoming Events (Congressional and Administration):

• Not Official: On April 30, it is expected that the House Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Agencies (Labor/HHS) will mark up its fiscal year (FY) 2020 Labor/HHS Appropriations bill and report. A draft FY2020 House Labor/HHS Appropriations bill and report would likely be released prior to mark up.
• Not Official: On May 8, it is expected that the full House Appropriations Committee will mark up the FY2020 House Labor/HHS bill and report.
• On April 24 at Grossmont College in El Cajon, CA, the House Education and Labor Subcommittee on Higher Education and Workforce Investment jointly with the House Veterans Affairs Subcommittee on Economic Opportunity will conduct a field hearing titled, “Protecting Those Who Protect Us: Ensuring the Success of our Student Veterans.” More information is here.

Upcoming Events (Outside Organizations):

• On April 15 at 3:00pm, iNACOL is holding a webinar titled, “Implementing the Future of Educator Learning.” The webinar will focus on professional learning and development for educators and how they can be improved. More information and registration are here.
• On April 16 at 1:00pm, Education Week is holding a webinar titled, “Real-World Literacy Online Summit.” The webinar will discuss literacy skills that today’s workplace demands and what efforts are underway to address and improve those skills in learners. More information and registration are here.
• On April 17 at 6:30pm, there is a showing of “Personal Statement.” The feature-length documentary focuses on three high school seniors who are determined to get their entire classes to college. The students serve as peer college counselors because their schools do not have enough counselors to serve all students. More information and registration can be found by emailing bmcintyre@counseling.org.
• On April 17 at 8:00am, Gallup is holding an event titled, “The Future of Gen Ed.” The event will focus on general education in college, the challenges of creating a rigorous general education curriculum and if general education credits should be required. More information and registration are here.
• On April 18 at 9:00am, the American Federation of Teachers is holding an event titled, “The Teaching Profession in Crisis: The Reasons and Remedies.” The event will focus on the constant decline in teacher preparation program graduates and the growing rate of teacher attrition in K-12 schools across the country. AFT President Randi Weingarten will address and moderate the event. More information and registration are here.

Legislation:

H.R.2120

A bill to establish a universal personal savings program, and for other purposes.

Sponsor: Rep. Scott Peters (D-CA)

H.R.2129

A bill to amend the loan counseling requirements under the Higher Education Act of 1965, and for other purposes.

Sponsor: Rep. Brett Guthrie (R-KY)

H.R.2153

A bill to support empowerment, economic security, and educational opportunities for adolescent girls around the world, and for other purposes.

Sponsor: Rep. Lois Frankel (D-FL)

H.R.2161

A bill to amend the Higher Education Act of 1965 to establish a Job Training Federal Pell Grants demonstration program, and for other purposes.

Sponsor: Rep. Jim Banks (R-IN)

H.R.2168

A bill to reinstate Federal Pell Grant eligibility for individuals incarcerated in Federal and State penal institutions, and for other purposes.

Sponsor: Rep. Danny Davis (D-IL)

H.R.2180

A bill to provide for the discharge of parent borrower liability if a student on whose behalf a parent has received certain student loans becomes disabled.

Sponsor: Rep. James Langevin (D-RI)

H.R.2186

A bill to authorize borrowers of loans under the William D. Ford Federal Direct Loan Program to modify the interest rate of such loans to be equal to the interest rate for such loans at the time of modification.

Sponsor: Rep. Mark Pocan (D-WI)

H.R.2188

A bill to provide accountability and protect whistleblowers in the Department of Education.

Sponsor: Rep. Francis Rooney (R-FL)

H.R.2244

A bill to amend the Higher Education Act of 1965 to require the disclosure of agreements between institutions of higher education and certain foreign sources, and for other purposes.

Sponsor: Rep. Paul Gosar (R-AZ)

H.R.2257

A bill to require lead testing in Department of Defense Education Activity schools, and for other purposes.

Sponsor: Rep. Daniel Kildee (D-MI)

H.R.2263

A bill to allow a State to submit a State management decision to the Secretary of Education to combine certain funds to improve the academic achievement of students.

Sponsor: Rep. Debbie Lesko (R-AZ)

H.R.2270

A bill to amend the Higher Education Act of 1965 to require assurances by recipients of assistance under section 402B or 402C of that Act with respect to activities for homeless children and youths and foster care children and youth, and for other purposes.

Sponsor: Rep. Paul Mitchell (R-MI)

S.1059

A bill to amend the Higher Education Act of 1965 to support innovative, evidence-based approaches that improve the effectiveness and efficiency of postsecondary education for all students, to allow pay for success initiatives, to provide additional evaluation authority, and for other purposes.

Sponsor: Senator Todd Young (R-IN)

S.1071

A bill to support empowerment, economic security, and educational opportunities for adolescent girls around the world, and for other purposes.

Sponsor: Senator Jeanne Shaheen (D-NH)

S.1072

A bill to amend the Higher Education Act of 1965 to establish a Job Training Federal Pell Grants demonstration program, and for other purposes.

Sponsor: Senator Mike Braun (R-IN)

S.1073

A bill to amend the Child Abuse Prevention and Treatment Act to ensure protections for lesbian, gay, bisexual, and transgender youth and their families.

Sponsor: Senator Tim Kaine (D-VA)

S.1074

A bill to reinstate Federal Pell Grant eligibility for individuals incarcerated in Federal and State penal institutions, and for other purposes.

Sponsor: Senator Brian Schatz (D-HI)

S.1122

A bill to amend the Public Health Service Act to revise and extend projects relating to children and to provide access to school-based comprehensive mental health programs.

Sponsor: Senator Tina Smith (D-MN)

S.1153

A bill to explicitly make unauthorized access to Department of Education information technology systems and the misuse of identification devices issued by the Department of Education a criminal act.

Sponsor: Senator Tammy Baldwin (D-WI)

S.1157

A bill to amend the Higher Education Act of 1965 to establish a scholarship program for educators of rural students and provide for loan forgiveness for rural educators, to amend the Elementary and Secondary Education Act of 1965 to provide professional development grants for rural elementary schools and secondary schools, and for other purposes.

Sponsor: Senator Jon Tester (D-MT)

S.1160

A bill to amend the Child Abuse Prevention and Treatment Act to increase support for mental health.

Sponsor: Senator Tina Smith (D-MN)

S.1161

A bill to support the education of Indian children.

Sponsor: Senator Jon Tester (D-MT)

S.1168

A bill to amend the Higher Education Act of 1965 to ensure campus access at public institutions of higher education for religious groups.

Sponsor: Senator Roy Blunt (R-MO)

S.1172

A bill to require full funding of part A of title I of the Elementary and Secondary Education Act of 1965 and the Individuals with Disabilities Education Act.

Sponsor: Senator Chris Van Hollen (D-MD)

S.1175

A bill to improve the public service loan forgiveness program.

Sponsor: Senator Sheldon Whitehouse (D-RI)

S.1176

A bill to amend the Higher Education Act of 1965 to promote the matriculation, and increase in the graduation rates, of individuals with disabilities within higher education.

Sponsor: Senator Bob Casey (D-PA)

S.1181

A bill to amend the Child Abuse Prevention and Treatment Act to provide for better protections for children raised in kinship families outside of the foster care system.

Sponsor: Senator Maggie Hassan (D-NH)

S.1198

A bill to ensure that significantly more students graduate college with the international knowledge and experience essential for success in today’s global economy through the establishment of the Senator Paul Simon Study Abroad Program in the Department of Education.

Sponsor: Senator Dick Durbin (D-IL)

S.1203

A bill to amend the Higher Education Act of 1965 in order to improve the public service loan forgiveness program, and for other purposes.

Sponsor: Senator Kirsten Gillibrand (D-NY)

S.1204

A bill to authorize the Secretary of Education to establish an Advisory Commission on Serving and Supporting Students with Mental Health Disabilities in Institutions of Higher Education, and for other purposes.

Sponsor: Senator Bob Casey (D-PA)

S.1219

A bill to provide for the discharge of parent borrower liability if a student on whose behalf a parent has received certain student loans becomes disabled.

Sponsor: Senator Rob Portman (R-OH)