E-Update for April 3, 2023

The information covered below is from March 24, 2023, to March 30, 2023.

Highlights:

• On March 28, the House Labor, Health and Human Services, Education, and Related Agencies (Labor/HHS) Appropriations Subcommittee held a hearing with U.S. Department of Health and Human Services (HHS) Secretary Xavier Becerra to review the fiscal year (FY) 2024 President’s budget request for HHS.
• On March 29, the House Education and Workforce Subcommittee on Higher Education and Workforce Development held a hearing titled, “Diversity of Thought: Protecting Free Speech on College Campuses.”
• On March 28, the House Select Subcommittee on the Coronavirus Pandemic held a hearing to examine the consequences of COVID-19 school closures on student development.

Administration:

U.S. Department of Education (USED):

USED issues request for information regarding the Innovative Assessment Demonstration Authority: On March 31, USED issued a notice requesting information on successful approaches to innovative assessment implementation that can encourage state educational agencies (SEAs) to pursue the Innovative Assessment Demonstration Authority (IADA) and improve statewide assessments. As background, the IADA allows SEAs or consortium of SEAs that meet certain application requirements to establish, operate, and evaluate an innovative assessment system, including for use in the statewide accountability system, with the goal of using the innovative assessment system after the demonstration authority ends. Since 2018, five states have been awarded IADA.  Most recently, in 2021, the Department provided states with an opportunity to apply for the IADA, but no states applied. The Department has received informal feedback from several states and stakeholders that one reason SEAs are reluctant to apply for IADA stems from perceived barriers within the current IADA regulations.

Specifically, the Elementary and Secondary Education Act (ESEA) requires that a state’s application must demonstrate that the innovative assessment system will include valid and reliable results that are comparable to all students and for each subgroup of students. The Department has heard concerns that the regulations confine state’s ability to meet the comparability requirement in the statute, such that it stifles innovation in new assessments. Accordingly, the Department is seeking comments on whether the current approaches for a state to meet the comparability requirement in the ESEA are sufficient to support states as they consider developing an assessment for implementation under the IADA authority, what additional examples or models of measuring comparability the Department should consider, and information about ideas or practices states might use to demonstrate comparability. In addition, current IADA regulations do not specify a timeline by which a State approved under IADA must begin to administer an operational IADA assessment in some schools or local educational agencies (LEAs). The Department is seeking comments on whether the Department approving a state for IADA that includes a planning period would be helpful to the state in its development work.

The notice also includes several, specific questions for stakeholders to potentially answer in comments related to policies and practices in educational assessment that are specifically relevant for innovation. The Department is planning to use this information to inform its implementation of IADA. Comments will be accepted until May 1, 2023.

USED issues Dear Colleague letter calling for end to corporal punishment in schools and guiding principles on school discipline: On March 24, USED Secretary Miguel Cardona sent a letter to governors, chief state school officers, and school district and school leaders urging them to end corporal punishment in schools. The letter states that instead of using corporal punishment, which is still legal in at least 23 states, schools should use evidence-based practices to work with students and create safe and healthy school environments. In conjunction with the letter, USED released guiding principles on how to create and maintain these safe learning environments, which include specific evidence-based practices that support students’ growth. Secretary Cardona shared, “Schools should be places where students and educators interact in positive, nurturing ways that foster students’ growth and development, dignity, and sense of belonging—not places that condone violence and instill fear and mistrust.”

USED Secretary Cardona leads U.S. delegation at Summit for Democracy in Zambia: On March 30, USED Secretary Miguel Cardona traveled to Lusaka, Zambia, to lead the U.S. delegation at the Summit for Democracy 2023. The United States co-hosted the second Summit for Democracy with representatives from the governments of Costa Rica, the Netherlands, Republic of Korea, and Republic of Zambia. The gathering built on themes from the first Summit in December 2021, and highlighted how democracies are working to support their citizens and address the world’s most pressing challenges. In his remarks at the Summit, Secretary Cardona emphasized how “education plants the seeds” for “civic engagement, democratic participation, …and hope.” He continued, “If we are going to fulfill the promise of education to plant the seeds of stronger democracy, we are going to have to learn from one another – from our successes as well as our mistakes.” More information about the Summit can be found here.

Federal appeals court rules in favor of USED to allow discharge of loans to begin in borrower defense claims for certain schools that had been on hold: On March 29, the United States Court of Appeals for the Ninth Circuit unanimously ruled against Everglades College, Lincoln Technical Institute, and American National University in their request to immediately block USED from discharging loans in a borrower defense case. In June 2022, USED Secretary Cardona announced that the Biden Administration would fully discharge nearly $6 billion in federal student loan debt for about 200,000 borrowers who claim they were defrauded by their college or university – most of them for-profit institutions. The announcement was the result of a proposed settlement after a drawn-out lawsuit over the “borrower defense” law, which provides debt relief to federal student loan borrowers if their college defrauds or misleads them. The three colleges had asked the Ninth Circuit to immediately block USED from discharging the loans of students who attended their schools, while their appeal continue. The colleges’ appeal claims that USED’s discharge proposal failed to assess the validity of the borrowers’ claims. In responding to the request to block the immediate discharge of the loans for the colleges, the Ninth Circuit stated that, “Appellants fail to demonstrate a sufficient probability of irreparable harm to warrant a stay of the challenged settlement pending these appeals.” The appeals court has ordered the colleges’ to submit their opening briefs in the appeal case by May 3, 2023.

Congress:

Senate and House Republicans introduce Congressional Review Act (CRA) Resolution to overturn President Biden’s student loan forgiveness proposal: On March 27, Senate Health, Education, Labor, and Pensions (HELP) Committee Ranking Member Bill Cassidy, M.D. (R-LA), along with Senators John Cornyn (R-TX), Joni Ernst (R-IA), and 36 Republican colleagues, introduced a CRA resolution in the Senate to overturn President Biden’s student loan forgiveness proposal. The companion CRA resolution in the House was introduced by Rep. Bob Good (R-VA), along with House Education and the Workforce Chairwoman Virginia Foxx (R-NC) and 40 Republican colleagues, on the same day. On March 17, the Government Accountability Office (GAO) announced that President Biden’s student loan policy is classified as a rule and is eligible to be overturned under the CRA. The CRA requires federal agencies to submit a report on each new rule to both the House and Senate and allows Congress to review and disapprove a federal agency’s rules. A CRA resolution of disapproval is subject to a majority vote in the House and, unlike most legislation in the Senate, does not require a 60-vote affirmative vote and can also pass with a simple majority. However, should a CRA pass the Senate, President Biden would then have the option of issuing a veto of the resolution.

House:

House Labor/HHS Appropriations Subcommittee holds a hearing with HHS Secretary Becerra to examine the FY2024 budget request: On March 28, the House Labor/HHS Appropriations Subcommittee held a hearing with HHS Secretary Xavier Becerra to review the FY2024 President’s budget request for HHS. In his opening remarks for the hearing, House Labor/HHS Appropriations Subcommittee Chairman Robert Aderholt (R-AL) noted his support of “biomedical research…programs that provide quality, early education, access to quality health care, and programs to help people with disabilities live independent lives on their own terms.” He then went on to say, “It is the responsibility of this Subcommittee to determine how we can support the most critical programs, identify the investments that will give us the greatest return and face head on the challenges of limited resources that we have available to us right now. Unfortunately, hard decisions will have to be made.”

House Appropriations Committee Ranking Member Rosa DeLauro (D-CT) used her opening statement to highlight the impact that capping federal funding at FY2022 levels would have, as proposed by some Republicans – a tactic that was used by Democratic Subcommittee members throughout the hearing. Specifically, Ranking Member DeLauro cited, “if these cuts were implemented 200,000 children [would] lose access to Head Start, 100,000 children [would] lose access to child care, undermining the early education of our kids and their parents ability to get to work.” During the hearing, Ranking Member DeLauro also asked HHS Secretary Becerra to address what the FY2024 President’s budget request would do in terms of the staffing shortages and underpaid workforce in childcare, as well to discuss what a proposed $1 billion increase for the Child Care and Development Block Grant (CCDBG) would mean in terms of the number of additional children that would be able to access childcare.

In response to the level requested, HHS Secretary Becerra said, “It’s still not enough, because we know that only one in every seven children in America is receiving the child care that they need.” He then went on to say, “When a worker in America, mostly women, mostly women of color, [is] taking care of our next generation of leaders, and they could probably go across the street at that burger joint and apply for a job and make more money flipping burgers — something is wrong with our priority about how we treat the workers who take care of our kids. And some of the money that the President is proposing would go not just to increase, expand the number of slots for kids to get care, but would increase the ability to pay more.”

House Labor/HHS Appropriations Subcommittee conducts an oversight hearing on the challenges facing rural America: On March 29, the House Labor/HHS Appropriations Subcommittee held an oversight hearing titled, “Addressing the Challenges of Rural America,” to hear testimony from a range of administration officials, including Ruth Ryder, who is USED’s Deputy Assistant Secretary for Policy and Programs in the Office of Elementary and Secondary Education. Additionally, a second panel of witnesses included Dr. Brittany Hott, an Associate Professor of Special Education and Associate Director of the Institute for Community and Society Transformation at the University of Oklahoma, and Ms. Laura Scheibe, the Director for Career and Technical Education and the Director of the Division of College, Career, and Student Success at the South Dakota Department of Education.

House Labor/HHS Appropriations Subcommittee Chairman Aderholt (R-AL) began the hearing by noting that his Congressional district is comprised of 14 counties — which extend from the Mississippi border to the Georgia state line — and has only three cities with a population over twenty thousand. Ranking Member Aderholt noted that the Departments within the jurisdiction of the Subcommittee implement several programs targeting rural populations and that he asked the witnesses to testify to learn more about the work these programs are doing to address the challenges of rural communities. Specifically, Ranking Member Aderholt spoke to the challenges that rural districts are facing with “limited access to health care, workforce opportunities that are insufficient, and an education system that often is not able to meet the needs of students, and especially those with a disability.” He also went on to say, “I would be remiss if I didn’t take just a minute to mention the impact of limited access to broadband in rural America…as more services move online, especially in the education and health care sector, the gap between the urban and the rural areas for Internet service will only magnify the gap in access between urban and rural populations.” During the question and answer period of the hearing, Subcommittee Chairman Aderholt asked Ms. Hott to speak to the unique challenges faced by rural schools that you don’t always see in urban school districts, as well as barriers that rural schools face when applying for federal grants. Similarly, Representative Jake Ellzey (R-TX) asked USED Deputy Assistant Secretary Ryder how rural school districts use federal funding to help address educational challenges in rural America.

House Appropriations Committee Ranking Member DeLauro (D-CT) expressed in her opening statement, “accessing child care is more difficult in rural areas, as is accessing higher education and finding a job…almost 17 percent of your rural students live below the poverty line and nearly 15 percent qualify for special education services. Teachers lack the resources and support they need to do their [job]. On top of that, nearly 40 percent of rural students have inadequate internet access at home.” Ranking Member DeLauro then went on to highlight what the impact of a reduction in federal spending to FY2022 levels could mean, as proposed by some Republicans. Specifically, she said, “cuts to the Department of Education would remove more than 100,000 teachers and service providers from classrooms serving low-income students and students with disabilities funded through Title I and IDEA grants.” Additionally, Ranking Member DeLauro asked USED Deputy Assistant Secretary Ryder to share what the Department is doing to support more teachers entering the teaching profession, including in rural areas. Representative Steny Hoyer (D-MD), along with Ranking Member DeLauro, also sought to learn more about how federal funding – particularly through the Bipartisan Safer Communities Act – will be used to meet school safety and mental health needs, including in rural communities, as well as to address the need to train more mental health professionals. 

House ​​Subcommittee on Higher Education and Workforce Development holds hearing on free speech on college campuses: On March 29, the House Education and Workforce Subcommittee on Higher Education and Workforce Development held a hearing titled, “Diversity of Thought: Protecting Free Speech on College Campuses.” Prior to hearing, Republicans on the Subcommittee expressed that the focus of the hearing would be the “recent onslaught of attacks against free speech at colleges and universities across the nation,” which violate “the principles we stand for as Americans and runs afoul of their mission to cultivate freedom of thought.” The hearing featured testimony from: Cherise Trump, Executive Director of Speech First; Josiah Joner, Executive Editor of The Stanford Review; Suzanne Nossel, Chief Executive Officer of PEN America; and Ilya Shapiro, Director of Constitutional Studies at the Manhattan Institute.

House Higher Education and Workforce Development Chairman Burgess Owens (R-UT) began the hearing by noting that, “Freedom of speech is a constitutionally protected God-given right ensconced in our founding documents,” before going on to say, “The ability to speak freely to build one’s knowledge is a cornerstone of the American system of postsecondary education. And when our universities do nothing to safeguard free speech from classroom radicalized students, our future as a free Nation is at stake.” Subcommittee Chairman Owens concluded his remarks by saying, “This committee should explore possible legislative avenues to create the right incentives to remind universities of the trust we give them when we fund them through our tax dollars… My colleagues and I have the delicate job of considering how to ensure compliance through enforcement mechanisms that our law currently lacks.” Republicans on the Subcommittee focused on the role of the Congress in upholding the First Amendment and asserted throughout the hearing the intention to stand strongly against campus free speech violations. As an example, Representative Jim Banks (R-IN) asked a question related to Diversity, Equity, and Inclusion (DEI) remarking, “[There are] $190 billion a year that the federal government gives to colleges and universities. What can we do to stop universities from hiring DEI [who implement] woke programs that directly attack people of faith?”

House Education and Workforce Committee Ranking Member Bobby Scott (D-VA) issued an opening statement expressing, “We can all agree that free speech is a constitutional right and bedrock of our democracy. And, for decades, colleges and universities have been on the front lines of protecting and advancing that right. But the Majority is not interested in protecting all speech.  Instead, today’s hearing is an example of MAGA Republicans hijacking our shared value of free speech and waging a one-sided campaign to protect conservative speech.

House Select Subcommittee on the Coronavirus Pandemic holds hearing on COVID school closures: On March 28, the House Select Subcommittee on the Coronavirus Pandemic held a hearing to examine the consequences of COVID-19 school closures on student development. The hearing was led by Subcommittee Chairman Brad Wenstrup (R-OH) and it addressed the various reasons for extended school closures throughout 2020 and 2021, the impacts of school closures on students’ mental health, and academic learning loss. The hearing featured testimony from: Mr. David Zweig, Author and Investigative Journalist; Ms. Tracy Beth Høeg, M.D., Ph.D., Physical Medicine & Rehabilitation Specialist, Epidemiologist, and Private Practice Physician; Ms. Virginia Gentles, Director of the Education Freedom Center at the Independent Women’s Forum; and Ms. Donna Mazyck, R.N., Executive Director of the National Association of School Nurses.

In his opening remarks, Chairman Wenstrup emphasized that “students need in-person instruction,” adding, “the lingering negative effects have been many – academic, mental, and economic.” Chairman Wenstrup also questioned the motives behind school closures, asking, “It’s upon us to fully investigate whether officials truly placed the best interest of our nation’s children first, or were there other factors at play?” Subcommittee Ranking Member Raul Ruiz used his opening remarks to compare the actions of the Trump and Biden administrations in response to the pandemic and school closures. Ranking Member Ruiz said, “From the beginning, President Trump and his Administration did not act with the urgency needed to reduce transmission… and equip our schools with the resources they needed.” He added, “The Trump Administration’s early failures resulted in the prolonged suspension of in-person learning.” In contrast, he continued, “The Biden Administration took swift action to develop evidence-based guidance for schools [and] Congressional Democrats enacted the American Rescue Plan to help get kids in schools safely and responsibly.”

Throughout the hearing, Republican members of the subcommittee questioned the differences in outcomes for students who returned to in-person instruction versus those who remained remote, both academically and in “social and behavioral development.” In response, Mr. Zwieg stated that there were reports of greater test score declines for students who stayed remote for longer, and Ms. Gentles shared statistics of increased behavioral and discipline incidents compared to pre-pandemic learning. Other members, including House Oversight Committee Chairman James Comer (R-KY) questioned Ms. Mazyck on whether the National Association of School Nurses “consulted” or “provided suggested edits or revisions” to the 2021 Centers for Disease Control guidance regarding school reopening, which Comer noted “recommended keeping 90 percent of America’s schools closed.” Ms. Mazyck requested additional time to confirm accurate information.

Democratic members continued in a similar line of questioning to Ranking Member Ruiz’s opening remarks, as House Oversight Committee Ranking Member Jamie Raskin (D-MD) called the Trump Administration’s actions a “historic debacle of a public health response.” More specifically, Ranking Member Raskin shared that the lack of personal protective equipment (PPE) across the country prevented schools from having the resources “needed to protect school children against the deadly virus.” Additionally, Congresswoman Jill Tokuda (D-HI) referenced calls from Trump Administration officials, including from former USED Secretary Betsy DeVos, to block funding for schools and districts that did not reopen schools, despite not having the necessary PPE. Ms. Mazyck shared, “The unavailability of sufficient PPE was a concern, because of the health care workers [and] the school nurses who were working with students.”

House Select Subcommittee on the Coronavirus Pandemic Chairman Brad Wenstrup sends letters to Centers for Disease Control (CDC) and 15 additional organizations requesting information regarding their roles in developing the CDC’s school reopening guidance: On March 28, House Select Subcommittee on the Coronavirus Pandemic Chairman Brad Wenstrup (R-OH) sent letters to CDC Director Rochelle Walensky and leaders of 15 additional organizations, requesting information on their participation in creating the CDC’s 2021 school reopening guidance. A letter was sent to Donna J. Mazyck, Executive Director of the National Association of School Nurses, who testified at the March 28 Select Committee hearing on school closures, as well as leaders of the National School Boards Association, National Education Association, AASA – The School Superintendents Association, American Federation of Teachers, National Association of Elementary School Principals, National Association of Secondary School Principals, Council of Chief State School Officers, and National Parent Teacher Association, among others. Chairman Wenstrup wrote in the letters that there is concern about the potential for undue influence of non-governmental groups on CDC scientific guidance and requested documents and information on each of the recipient’s knowledge of such influence. More specifically, the letter to CDC Director Walensky requests communication records about the development of the guidance, and “a complete list of all non-governmental entities or CDC stakeholders that were consulted” in the development of the guidance. Similar information is requested of the leaders of the aforementioned organizations, and each letter requests a response by April 11, 2023. Each letter is available here.

House Education and the Workforce Committee Chairwoman Foxx leads House Republicans in a comment letter urging USED to withdraw the proposed rescission of a rule related to protections provided to religious student organizations at public institutions of higher education: On March 24, House Education and the Workforce Committee Chairwoman Virginia Foxx (R-NC) led 11 House Republicans in a comment letter on USED’s proposed changes to the “free inquiry” rule. Currently, a rule prohibits any public institutions from denying “any religious student organization any right, benefit, or privilege that is afforded to other student organizations because of the religious student organization’s beliefs, practices, policies, speech, membership standards, or leadership standards, which are informed by sincerely-held religious beliefs.” USED first announced a review of the rule in September 2021, and the proposed changes would rescind the portion of the rule related to protections for religious student organizations, as the Department found that “it is not necessary in order to protect the First Amendment right to free speech and free exercise of religion given existing legal protections.” House Republicans “strongly oppose the ill-advised proposed rule,” as the letter states that the “proposed rollback of these protections lacks any compelling rationale, and sends a dangerous message to students and university administrators that religious liberty is not a priority.” They conclude, “Students of all faiths should know that their rights to free speech and free exercise of religion are protected. Rescinding this portion of the Free Inquiry rule due to hypothetical instances of ‘burden’ or ‘confusion’ is wholly unwarranted, unsupported by the evidence, and will be detrimental to religious liberty on campuses nationwide. We strongly urge you to withdraw this proposed rule.”

Upcoming Events (Congress & Administration):

• On April 5 from 10:00 am to 4:00 pm, the President’s Board of Advisors on Historically Black Colleges and Universities will host an open meeting. The meeting agenda includes an update from the Board Chairperson, an update from USED’s Under Secretary James Kvaal, work sessions for each of the Board’s Subcommittees (Preservation and Growth, Infrastructure, and Career Pathways and Financial Support and Research), briefings, and a discussion regarding the Board’s first report to the President. The notice of the meeting and more information can be found here.
• On April 11, 12, and 13 from 10:00 am to 12:00 pm and 1:00 pm to 3:00 pm, USED will hold virtual public hearings to provide feedback and suggestions for potential issues for future rulemaking sessions. USED is inviting feedback as a first step in issuing new regulations, and the suggested topics include, but are not limited to:the USED Secretary’s recognition of accrediting agencies and related issues; institutional eligibility, including state authorization; third-party servicers and related issues; the definition of distance education as it pertains to clock hour programs and reporting students who enroll primarily online; return of Title IV funds; cash management to address disbursement of student funds; and federal TRIO programs. Additionally, USED invites input on how Title IV regulations could help borrowers better understand student loan repayment options. Individuals who seek to comment should email negreghearing@ed.gov no later than 12:00 pm on the business day prior to the public hearing at which they wish to speak. More information on the hearings is available here and information on the negotiated rulemaking process is available

Upcoming Events (Outside Organizations):

• On April 4 at 12:00 pm, FutureEd and The New Teacher Project are hosting a webinar titled, “Teachers Like Us: Strategies for Increasing Educator Diversity.” The webinar will consider findings from FutureEd’s recent report of the same name, and particularly explore why nearly 80 percent of teachers are White, as students of color comprise more than 50 percent of public school enrollment. Panelists include: Tequilla Brownie, CEO of TNTP; Sharif El-Mekki, CEO of Center for Black Educator Development; Mayme Hostetter, President at Relay Graduate School of Education; and Tami Jenkins, TechTeach Across Texas. More information and registration here.
• On April 4 at 3:00 pm, Campaign for Grade-Level Reading and the Overdeck Family Foundation will host a webinar titled, “State Investments Taking High-Impact Tutoring to Scale.” The webinar will explore how state departments of education and school districts can best deploy COVID relief funds and secure other funds to sustain high-impact tutoring efforts. Presenters include: Sharon Contreras from Guilford County Schools in North Carolina; AJ Gutierrez from Saga Education; Kevin Huffman fromAccelerate; and Carly Robinson from the National Student Support Accelerator. The webinar will be moderated by Pete Lavorini from the Overdeck Family Foundation. More information and registration here.
• On April 4 at 3:00 pm, the Bipartisan Policy Center will host a webinar titled, “State Recommendations to Build and Expand EHS-CCPs.” This is the second webinar in a series on Early Head Start-Child Care Partnerships (EHS-CCP) with the Children’s Equity Project and Start Early. It will feature information about how states can build EHS-CCPs and align state systems with the holistic Head Start model. Speakers include: Shantel Meek, Executive Director at the Children’s Equity Project at Arizona State University; Sarah Neville-Morgan, Deputy Superintendent of Public Instruction at the California Department of Education; Bentley Ponder, Deputy Commissioner of Quality Innovations and Partnerships at the Georgia Department of Early Care and Learning; and Barbara Cooper, Secretary of Early Childhood Education at the Alabama Department of Early Childhood Education. More information and registration here.
• On April 11 at 3:00 pm, Campaign for Grade-Level Reading and the Overdeck Family Foundation will host a webinar titled, “Beyond the ESSER “Funding Cliff”: Local Supports to Sustain High-Impact Tutoring.” The webinar will feature education leaders and practitioners to spotlight innovative, high-impact tutoring solutions that are supporting student achievement. Panelists will explore how schools and tutoring nonprofits can partner to achieve meaningful impact on student learning, and what supports are needed at the local level to ensure that the most effective programs can be sustained in our schools. Presenters include: Horace Buddoo from Saga Education; Nick Erber from Uplift Education; and Mindy Sjoblom from OnYourMark. The webinar will be moderated by Pete Lavorini from the Overdeck Family Foundation. More information and registration here.
• On April 11 from 12:00 pm to 6:00 pm and April 12 from 8:00 am to 3:00 pm, the Aspen Institute will hold a hybrid event titled, “Forum on Children and Families: Taking Action for Family Prosperity.” The two-day public convening will explore bold, equitable, and pragmatic strategies to support low-income families. It will focus on the current environment for families, as Americans “emerge” from the pandemic. More information and an agenda is here.
• On April 12 at 3:00 pm, the Learning Policy Institute, AASA, The School Superintendents Association, the National Conference of State Legislatures, and the Science of Learning & Development (SoLD) Alliance will co-host a webinar titled, “Whole Child Policy: Investing Resources Equitably and Efficiently.” The webinar will focus on the strategies and lessons learned from experts and state leaders to ensure resources are invested equitably and efficiently for whole child design. Speakers include: Linda Darling-Hammond, President at the Learning Policy Institute; Democratic Representative William Davis from the Illinois General Assembly; and Zoë Stemm-Calderon, Senior Director Youth Serving Systems at the Raikes Foundation. More information and registration here.

Publications (Outside Organizations):

• On March 28, the Georgetown University Center on Education and the Workforce published a new report titled, “Race-Conscious Affirmative Action: What’s Next.” The report comes ahead of the Supreme Court’s decisions in Students for Fair Admissions v. Harvard and Students for Fair Admission v. University of North Carolina, both of which consider the use of race in college admissions. The report finds that “selective colleges barred from considering race and ethnicity in their admissions decisions may be able to partially claw back some racial/ethnic diversity using class-conscious admissions practices.” However, these colleges will be “extremely unlikely” to enroll student bodies that represent the demographic diversity of current high school classes. The report examined six admission models that have varying considerations of students’ academic merit, socioeconomic status, and race/ethnicity, and the impact each model would likely have on racial/ethnic and socioeconomic diversity if used consistently across selective colleges. The report finds that “without race-conscious admissions practices, maintaining or exceeding existing levels of representation for all underrepresented racial/ethnic groups would require upending the selective college admissions system as we know it, including by greatly expanding the pool of candidates considered for admission and eliminating admission preferences for privileged groups.”

Legislation:

Introduced in the House of Representatives:

H.R. 1798
A bill to amend title 38, United States Code, to render an individual, who transfers certain educational assistance, to which the individual is entitled because of an agreement by such individual to serve in the Armed Forces, to a dependent of that individual, and who fails to complete such agreement, solely liable for the overpayment of such educational assistance, and for other purposes.
Sponsor: Rep. Derrick Van Orden (R-WI)

H.R. 1811
A bill to expand the use of open textbooks in order to achieve savings for students and improve textbook price information.
Sponsor: Rep. Joe Neguse (D-CO)

H.R. 1816
A bill to amend the Higher Education Act of 1965 to ensure campus access at public institutions of higher education for religious groups.
Sponsor: Rep. Tim Walberg (R-MI)

H.R. 1819
A bill to amend the Foreign Agents Registration Act of 1938 to limit the exemption from the registration requirements of such Act for persons engaging in activities in furtherance of bona fide religious, scholastic, academic, or scientific pursuits or the fine arts to activities which do not promote the political agenda of a foreign government, to amend the Higher Education Act of 1965 to clarify the disclosures of foreign gifts by institutions, and for other purposes.
Sponsor: Rep. Joe Wilson (R-SC)

H.R. 1834
A bill to direct the Secretary of Labor to award grants to develop, administer, and evaluate early childhood education apprenticeships, and for other purposes.
Sponsor: Rep. Brett Guthrie (R-KY)

H.R. 1842
A bill to amend the Higher Education Act of 1965 to eliminate origination fees on Federal Direct loans.
Sponsor: Rep. Lloyd Smucker (R-PA)

H.R. 2010
A bill to provide for a limitation on availability of funds for Department of Health and Human Services, The Administration for Children and Families, Payments to States for the Child Care and Development Block Grant for fiscal year 2024.
Sponsor: Rep. Andy Biggs (R-AZ)

H.R. 2012
A bill to provide for a limitation on availability of funds for Department of Health and Human Services, The Administration for Children and Families, Children and Families Services Programs for fiscal year 2024.
Sponsor: Rep. Andy Biggs (R-AZ)

H.R. 2022
A bill to provide for a limitation on availability of funds for Department of Education, School Improvement Program for fiscal year 2024.
Sponsor: Rep. Andy Biggs (R-AZ)

H.R. 2023
A bill to provide for a limitation on availability of funds for Department of Education, Innovation and Improvement for fiscal year 2024.
Sponsor: Rep. Andy Biggs (R-AZ)

H.R. 2024
A bill to provide for a limitation on availability of funds for Department of Education, English Language Assistance for fiscal year 2024.
Sponsor: Rep. Andy Biggs (R-AZ)

H.R. 2025
A bill to provide for a limitation on availability of funds for Department of Education, Rehabilitation Services for fiscal year 2024.
Sponsor: Rep. Andy Biggs (R-AZ)

H.R. 2026
A bill to provide for a limitation on availability of funds for Department of Education, Student Financial Assistance for fiscal year 2024.
Sponsor: Rep. Andy Biggs (R-AZ)

H.R. 2027
A bill to provide for a limitation on availability of funds for Department of Education, Student Aid Administration for fiscal year 2024.
Sponsor: Rep. Andy Biggs (R-AZ)

H.R. 2028
A bill to provide for a limitation on availability of funds for Department of Education, Higher Education for fiscal year 2024.
Sponsor: Rep. Andy Biggs (R-AZ)

H.R. 2029
A bill to provide for a limitation on availability of funds for Department of Education, College Housing and Academic Facilities Loans Program for fiscal year 2024.
Sponsor: Rep. Andy Biggs (R-AZ)

H.R. 2030
A bill to provide for a limitation on availability of funds for Department of Education, Institute for Education Sciences for fiscal year 2024.
Sponsor: Rep. Andy Biggs (R-AZ)

H.R. 2031
A bill to provide for a limitation on availability of funds for Department of Education, Departmental Management, Program Administration for fiscal year 2024.
Sponsor: Rep. Andy Biggs (R-AZ)

H.R. 2032
A bill to provide for a limitation on availability of funds for Department of Education, Departmental Management, Office of Civil Rights for fiscal year 2024.
Sponsor: Rep. Andy Biggs (R-AZ)

H.R. 2033
A bill to provide for a limitation on availability of funds for Department of Education, Departmental Management, Office of Inspector General for fiscal year 2024.
Sponsor: Rep. Andy Biggs (R-AZ)

H.R. 2293
A bill to provide for a limitation on availability of funds for US Department of Agriculture, Foreign Assistance and Related Programs, McGovern-Dole International Food for Education and Child Nutrition Program Grants for fiscal year 2024.
Sponsor: Rep. Andy Biggs (R-AZ)

H.R. 2035
A bill to provide for a limitation on availability of funds for Related Agencies, Corporation for National and Community Service, Operating Expenses for fiscal year 2024.
Sponsor: Rep. Andy Biggs (R-AZ)

H.R. 2370
A bill to authorize the Secretary of Health and Human Services to award grants to eligible entities to develop and implement a comprehensive program to promote student access to defibrillation in public elementary schools and secondary schools.
Sponsor: Rep. Sheila Cherfilus-McCormick (D-FL)

H.R. 2401
A bill to amend the Higher Education Act of 1965 to provide students with disabilities and their families with access to critical information needed to select the right college and succeed once enrolled.
Sponsor: Rep. Suzanne Bonamici (D-OR)

H.R. 2421
A bill to address the needs of individuals with disabilities within the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act.
Sponsor: Rep. Debbie Dingell (D-MI)

H.R. 2424
A bill to amend the Child Nutrition Act of 1966 to permit video or telephone certifications in the special supplemental nutrition program for women, infants, and children, and for other purposes.
Sponsor: Rep. Brian Fitzpatrick (R-PA)

H.R. 2425
A bill to direct the Secretary of Education to make allotments to States to carry out full-day kindergarten programs, and for other purposes.
Sponsor: Rep. Ruben Gallego (D-AZ)

H.R. 2451
A bill to amend the Higher Education Act of 1965 to provide for certain freedom of association protections, and for other purposes.
Sponsor: Rep. Elise Stefanik (R-NY)

H.R. 2455
A bill to amend the Child Abuse Prevention and Treatment Act to provide for grants in support of training and education to teachers and other school employees, students, and the community about how to prevent, recognize, respond to, and report child sexual abuse among primary and secondary school students.
Sponsor: Rep. Susan Wild (D-PA)

H.J.Res. 45
A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Education relating to “Waivers and Modifications of Federal Student Loans”.
Sponsor: Rep. Bob Good (R-VA)

H.Res. 262
A resolution supporting the teaching of climate change in schools.
Sponsor: Rep. Barbara Lee (D-CA)

H.Res. 265
A resolution supporting the goals and ideals of the Rise Up for LGBTQI+ Youth in Schools Initiative, a call to action to communities across the country to demand equal educational opportunity, basic civil rights protections, and freedom from erasure for all students, particularly LGBTQI+ young people, in elementary and secondary schools.
Sponsor: Rep. Mark Takano (D-CA)

H.Res. 268
A resolution recognizing that it is the duty of the Federal Government to develop and implement a Transgender Bill of Rights to protect and codify the rights of transgender and nonbinary people under the law and ensure their access to medical care, shelter, safety, and economic security.
Sponsor: Rep. Pramila Jayapal (D-WA)

Introduced in the Senate:

S. 976
A bill to establish and expand child care programs for parents who work nontraditional hours, and for other purposes.
Sponsor: Sen. Todd Young (R-IN)

S. 978
A bill to expand the use of open textbooks in order to achieve savings for students and improve textbook price information.
Sponsor: Sen. Dick Durbin (D-IL)

S. 985
A bill to amend the Higher Education Act of 1965 to ensure campus access at public institutions of higher education for religious groups.
Sponsor: Sen. James Lankford (R-OK)

S. 1004
A bill to amend the Higher Education Act of 1965 to eliminate origination fees on Federal Direct loans.
Sponsor: Sen. Mike Braun (R-IN)

S. 1017
A bill to amend title IX of the Education Amendments of 1972 to ensure due process in grievance proceedings.
Sponsor: Sen. John Kennedy (R-LA)

S. 1024
A bill to authorize the Secretary of Health and Human Services to award grants to eligible entities to develop and implement a comprehensive program to promote student access to defibrillation in public elementary schools and secondary schools.
Sponsor: Sen. Cory Booker (D-NJ)

S. 1070
A bill to address the needs of individuals with disabilities within the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act.
Sponsor: Sen. Bob Casey (D-PA)

S. 1071
A bill to amend the Higher Education Act of 1965 to provide students with disabilities and their families with access to critical information needed to select the right college and succeed once enrolled.
Sponsor: Sen. Bob Casey (D-PA)

S. 1072
A bill to create a Council on Emergency Response Protocols to ensure the establishment of accessible, developmentally appropriate, culturally aware, and trauma-informed emergency response protocols in public schools, early child care and education settings, and institutions of higher education, and for other purposes.
Sponsor: Sen. Bob Casey (D-PA)

S. 1081
A bill to keep schools physically secure using unobligated Federal funds available to the Secretary of Education to respond to the coronavirus.
Sponsor: Sen. Ted Cruz (R-TX)

S. 1082
A bill to provide for safe schools and safe communities.
Sponsor: Sen. Ted Cruz (R-TX)

S. 1083
A bill to amend the Elementary and Secondary Education Act of 1965 to strengthen school security.
Sponsor: Sen. Ted Cruz (R-TX)

S. 1090
A bill to direct the Secretary of Veterans Affairs to update the payment system of the Department of Veterans Affairs to allow for electronic fund transfer of educational assistance, administered by the Secretary, to a foreign institution of higher education, and for other purposes.
Sponsor: Sen. Bob Menendez (D-NJ)

S. 1107
A bill to establish a grant program to improve school security, including by training and hiring veterans and former law enforcement officers as school safety officers, and for other purposes
Sponsor: Sen. Marsha Blackburn (R-TN)

S. 1092
A bill to amend the Higher Education Act of 1965 to make college affordable and accessible by expanding access to dual or concurrent enrollment programs and early college high school programs.
Sponsor: Sen. Gary Peters (D-MI)

S. 1121
A bill to establish Department of Homeland Security funding restrictions on institutions of higher education that have a relationship with Confucius Institutes, and for other purposes.
Sponsor: Sen. Rick Scott (R-FL)

S. 147
A bill to amend the Child Abuse Prevention and Treatment Act to provide for grants in support of training and education to teachers and other school employees, students, and the community about how to prevent, recognize, respond to, and report child sexual abuse among primary and secondary school students.
Sponsor: Sen. John Cornyn (R-TX)

S.J.Res. 22
A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Education relating to “Waivers and Modifications of Federal Student Loans”.
Sponsor: Sen. Bill Cassidy (R-LA)

S.Res. 134
A resolution supporting the goals and ideals of the Rise Up for LGBTQI+ Youth in Schools Initiative, a call to action to communities across the country to demand equal educational opportunity, basic civil rights protections, and freedom from erasure for all students, particularly LGBTQI+ young people, in K-12 schools.
Sponsor: Sen. Brian Schatz (D-HI)

S.Res. 143
A resolution expressing support for the designation of the week of April 3 through April 7, 2023, as National Assistant Principals Week.
Sponsor: Sen. Tom Carper (D-DE)