E-Update for the Week of August 1, 2022

 As EducationCounsel’s E-Update was not published on July 25, this E-Update includes information from July 15 through July 29.

Highlights:

• On July 19, the U.S. Department of Education (USED) issued guidance aimed at helping schools support students with disabilities and avoid discriminatory use of discipline.
• On July 26, USED released the second of two notices of proposed rulemaking (NPRM) which would strengthen the “90/10” rule for for-profit colleges, clarify procedures for institutions undergoing changes in ownership, and extend Pell Grants to incarcerated individuals.
• On July 27 and July 28, the Senate and House, respectively, passed the bipartisan CHIPS-Plus bill, sending it to the President who is expected to sign the bill in the coming days.

Budget & Appropriations:

Democratic leaderships of the Senate Appropriations Committee releases the fiscal year (FY) 2023 Senate Appropriations Bills: On July 28, the Democratic leadership of the Senate Appropriations Committee released its FY2023 Senate Appropriations bills, including the Labor, Health and Human Services, Education, and Related Agencies (Labor/HHS) Appropriations bill and report. The FY2023 Senate Labor/HHS bill proposes $83.4 billion for USED, which is $7 billion above the FY2022 level and $3.3 billion below the level included in the FY2023 House Labor/HHS bill. The bills, which were drafted without Republican input, are not expected to be considered further by the Senate Appropriations Committee or by the full Senate. The bills are intended to set a marker for negotiations with the House on final FY2023 appropriations bills, which are not likely to happen until after the midterm elections as Republican and Democratic leadership of the Appropriations Committees have yet to agree on top-line spending levels. Additionally, while the full House had been expected to bring the FY2023 House Labor/HHS bill to the floor before the end of July as part of a package of appropriations bills, it is unclear when or if this may happen. With federal funding set to expire on September 30, a Continuing Resolution (CR) is likely to be passed in September to extend funding.

Key funding levels included in the FY2023 Senate Labor/HHS Appropriations bill and report include:

• Early Childhood Education
  • $7.2 billion for the Child Care and Development Block Grant, an increase of $1 billion above the FY 2022 level and the same level as in the FY2023 House Labor/HHS bill;
  • $12 billion for Head Start, an increase of $1 billion above the FY 2022 level and $360 million below the level in the FY2023 House Labor/HHS bill; and
  • $350 million for Preschool Development Grants, an increase of $60 million above the FY 2022 level and the same level as in the FY2023 House Labor/HHS bill.
• K-12 Education
  • $20.1 billion for Title I Grants to Local Educational Agencies, an increase of $2.6 billion above the FY 2022 level and $400 million below the level in the FY2023 House Labor/HHS bill; and
  • $15.3 billion for Individuals with Disabilities Education Act (IDEA) Part B Grants to States, an increase of $2 billion above the FY 2022 level and $940 million below the FY2023 House Labor/HHS bill.
• Postsecondary Education and Student Financial Assistance
  • $7,395 for the maximum Pell Grant, an increase of $500 above the FY2022 level and the same level as in the FY2023 House Labor/HHS bill;
  • $402.6 million for Historically Black Colleges and Universities (HBCUs), an increase of $40 million above the FY 2022 level and the same level as in the FY2023 House Labor/HHS bill;
  • $236.7 million for Hispanic Serving Institutions (HSIs), an increase of $54 million above the FY 2022 level and $10 million below the level in the FY2023 House Labor/HHS bill;
  • $20.1 million for Asian American and Native American Pacific Islander-Serving Institutions (AANAPISIs), an increase of $9.2 million above the FY2022 level and the same level as in the FY2023 House Labor/HHS bill; and
  • $75 million for Postsecondary Student Success Grants, an increase of $70 million above the FY2022 level and $125 million below the level in the FY2023 House Labor/HHS bill.

July 28, 2022

Administration:

White House:

White House hosts summit on cyber workforce and education: On July 19, 2022, the White House held the National Cyber Workforce and Education Summit, hosted by National Cyber Director Chris Inglis. The summit was held to find new ways to build the cyber workforce, improve skills-based pathways to cyber jobs, and improve Diversity, Equity, Inclusion, and Accessibility (DEIA) in the cyber field. Participants included Ambassador Susan Rice, White House Domestic Policy Advisor; U.S. Secretary of Commerce Gina Raimondo; U.S. Secretary of Labor Martin Walsh; U.S. Secretary of Homeland Security Alejandro Mayorkas; and Under Secretary of Education James Kvaal. In her opening remarks, Ambassador Rice shared that a core component of starting to build the cybersecurity job pipeline, “must start with our youngest minds.” She addressed the Summit’s goal of improving DEIA in the cyber workforce, stating, “Of students who took the computer science AP exam in 2019, only 29 percent were women, 16 percent were Hispanic, and 6 percent were Black. Some of that is because we need to get a broader cross-section of students to be interested in and feel welcome in fields like cyber. States and school districts must also take action to close these gaps.” In conjunction with the Summit, the Biden Administration announced new efforts to strengthen K-12 education to better prepare students for cybersecurity jobs, including technical assistance to local educational agencies (LEAs) to build middle grades career and technical education (CTE) programs, and creating pathways for teachers to better access and use the Cybersecurity Workforce Framework from the U.S. Department of Commerce. Additionally, Commerce Secretary Raimondo and Labor Secretary Walsh announced a 120-day Cybersecurity Apprenticeship Sprint, led in partnership with USED, that will train and mentor individuals as they pursue a career in cybersecurity. Read more about the Cybersecurity Apprenticeship Spring here. A recording of the Summit’s keynote session is here.
July 19, 2022

First Lady Jill Biden and USED Secretary Miguel Cardona highlight the importance of summer learning on multi-state tour and with release of fact sheet: On July 20, the White House and USED published a fact sheet highlighting the importance of summer learning as one of the top strategies to address learning loss as a result of the COVID-19 pandemic. The fact sheet was released in conjunction with the kickoff of a multi-state “summer learning tour” for First Lady Jill Biden and USED Secretary Cardona. The tour highlighted state and local summer learning strategies from Connecticut, Michigan, and Georgia, where First Lady Jill Biden and Secretary Cardona visited. The summer learning programs are funded in part or fully through American Rescue Plan (ARP) grants, which have supported increases in student enrollment in summer learning recovery and enrichment programs.
July 20, 2022

U.S. Department of Education (USED): 

USED releases 2022-2026 Strategic Plan outlining its goals and priorities: On July 8, USED released its Strategic Plan for Fiscal Years 2022-26, outlining agency-wide policy and operational priorities. The Strategic Plan is organized by the Department’s five strategic goals: Promoting Equity, Diverse Educator Workforce, Student Needs, Postsecondary Education: Access and Success, and Organizational Governance. Each goal has its own corresponding strategic objectives that describe how they Department will pursue greater access to resources and opportunities for all students. Additionally, the Strategic Plan includes specific goals for Fiscal Year 2022-23, which includes addressing the impact of the COVID-19 pandemic on students, educators, and faculty; effectively managing federal student loans; and reducing disparities in attainment of high-quality degrees and credentials. As required by the Foundations for Evidence-Based Policymaking Act, USED also published a Learning Agenda for Fiscal Years 2022-26 as part of its Strategic Plan, which identifies and lays out the Department’s priorities for evidence-building.
July 8, 2022

USED releases New Guidance Helps Schools Support Students with Disabilities and Avoid Discriminatory Use of Discipline: On July 19, USED issued a series of guidance documents related to the rights of students with disabilities under the Individuals with Disabilities Act (IDEA) and Section 504 of the Rehabilitation Act. The guidance documents are intended to outline the obligations of schools to ensure that disciplinary practices are appropriate, that the use of exclusionary discipline practices do not have a discriminatory effect on students with disabilities, and to highlight restorative and more equitable practices to better support students. The Department noted in its press release that these resources “reflect the concern, particularly in light of the prevalence of student mental health issues associated with the pandemic, that some students with disabilities are not receiving the supports and services necessary to address their educational needs.”

Specifically, the guidance documents include a Dear Colleague letter from USED Secretary Miguel Cardona emphasizing the importance of supporting students’ mental health and well-being. The Dear Colleague letter also reminds schools and districts of the opportunities within ARP funds to ensure schools are “fully staffed, including with mental health professionals,” and to provide students with high-quality tutoring, afterschool and summer learning, and enrichment activities to support student learning and well-being. Additionally, USED issued a resource document on supporting students with disabilities and avoiding the discriminatory use of student discipline under Section 504 of the Rehabilitation Act; a Dear Colleague Letter from USED Director of Special Education Programs Valerie Williams on implementation of IDEA discipline provisions; a stakeholder guide on positive, proactive approaches to supporting children with disabilities; and an Frequently Asked Questions (FAQ) document on addressing the needs of children with disabilities and IDEA’s discipline provisions. Within the FAQ, the Department includes information related to obligations of states to collect and analyze data to determine if significant disproportionality based on race and ethnicity is occurring in discipline of children with disabilities in both the state and the local educational agencies (LEAs) of the state with respect to “incidence, duration, and type of disciplinary removals from placement, including suspensions and expulsions.”

These documents are not legally binding, nor do they create or impose new legal requirements. A press release from the Department is here. A landing page for all of the issued guidance documents and dear colleague letters is here.
July 19, 2022

USED releases proposed regulations to protect veterans and service members, increase college oversight, and extend Pell Grants to incarcerated individuals: On July 26, USED released the second of two notices of proposed rulemaking  (NPRM) which would strengthen the “90/10” rule for for-profit colleges, clarify procedures for institutions undergoing changes in ownership, and extend Pell Grants to incarcerated individuals. The proposed regulations, which were negotiated by two Negotiated Rulemaking committees in 2021, reflect the consensus language agreed to by the negotiators. Regarding the “90/10” rule, the Higher Education Act requires that institutions of higher education obtain at least 10 percent of their revenue from sources other than federal student aid provided by USED (e.g., Pell Grants and federal student loans). The proposed regulations would implement changes included in the ARP Act, which previously allowed institutions to count federal aid for veterans and service members to meet the 10 percent revenue test. USED Secretary Miguel Cardona affirmed, “These proposed regulations enact welcome changes by Congress to better protect students who have served, and continue to serve, our nation. These rules will also ensure that efforts by for-profit colleges to convert to nonprofit status are genuine changes, not mere ploys to evade accountability to students and taxpayers.”

Additionally, the proposed regulations clarify procedures for institutions undergoing changes in ownership, including those converting from for-profit to nonprofit status. Specifically, the proposed regulations clarify the definition of a nonprofit institution to prevent improper financial benefits to a former owner or other affiliate of a college. Institutions undergoing a change in ownership would be required to notify both the Department and the institution’s students at least 90 days prior to the change, and they may also be required to provide additional financial protection to comply with additional conditions to protect against the risk of the transaction. The final piece of the proposed regulations would extend Pell Grant eligibility to incarcerated individuals. The proposed regulations will ensure that state departments of corrections, the Federal Bureau of Prisons, or another entity, fairly assess institutions’ eligibility to offer prison education programs based on the best interests of the students and with the input of affected stakeholders; clarify requirements for such prison education programs; and ensure transparency and data to demonstrate how well these programs are serving their students.

The regulations will be open for public comment until August 26. If USED publishes a final rule before November 1, the regulations will become effective on July 1, 2023. A fact sheet with more information on the proposed regulations is here.
July 26, 2022

GAO issues report on costs of federal direct student loan program: On July 29, the Government Accountability Office (GAO) published a report titled, “Student Loans: Education Has Increased Federal Cost Estimates of Direct Loans by Billions Due to Programmatic and Other Changes.” The GAO found that USED originally estimated that Direct Loans would generate $114 billion, and while the actual costs cannot be known until the end of loan terms, data through the end of fiscal year 2021 show that the loans will cost the federal government an estimated $197 billion. The GAO reports that the $311 billion change is a result of programmatic changes, and the largest cost increase ($102 billion) resulted from the emergency relief provided through the Coronavirus Aid, Relief, and Economic Security Act (CARES) Act. The administrative actions through the CARES Act included suspending all payments due, interest accrual, and involuntary collections for loans in default. The GAO noted that estimating the costs of this program is difficult because of the lack of historical data when new programs are introduced, as well as the challenge of predicting borrower behavior based on borrower income growth and inflation. The report did not include recommendations. In response to the report, House Education and Labor Committee Chairman Bobby Scott (D-VA) noted “Regrettably, this GAO report shows that the soaring cost of college — caused by decades of state disinvestment in higher education and the declining value of the Pell Grant — has forced students to borrow more money for a degree.” House Education and Labor Committee Ranking Member Virginia Foxx (R-NC), Rep. Greg Murphy (R-NC), Senate Health, Education, Labor, and Pensions (HELP) Committee Ranking Member Richard Burr (R-NC), and Sen. Mike Braun (R-IN) also responded, stating, “For decades, the Department of Education has significantly underestimated the true cost of the Direct Loan program. Today’s GAO report shows that the Department’s budget was off by more than $300 billion—all of which will be paid for by hardworking American taxpayers.”
July 29, 2022

Congress:

Congress passes CHIPS-PLUS bill, including investments in the National Science Foundation: On July 28, the House passed by a vote of 243-187-1, H.R. 4346, known as the CHIPS-Plus bill, sending the legislation to the President who is expected to add his signature in the coming days. Prior to House passage, the CHIPS-PLUS bill passed the Senate with bipartisan support by a vote of 64-33 on July 27. Named for “Creating Helpful Incentives to Produce Semiconductors” (CHIPS), the bill is aimed at growing U.S. manufacturing of semiconductors. The bill also includes a $81 billion investment in the National Science Foundation (NSF) to expand research and development opportunities, as well as support diversity, equity, and inclusion in the technology sector. The section-by-section summary outlines support for STEM education from Pre-K to graduate-level education and establishes a ten-year National STEM Teacher Corps pilot program to recruit and retain high-quality STEM teachers to increase STEM student achievement and participation rates. H.R. 4346 also targets the cyber workforce and data collection, dedicating funds to research on paths to entry and re-entry into the field, and starting a data initiative through the National Center for Science and Engineering Statistics (NCSES) to measure STEM workforce data. Upon the passing of the bill, President Biden issued a statement, affirming, “Today, the House passed a bill that will make cars cheaper, appliances cheaper, and computers cheaper. It will create high-paying manufacturing jobs across the country and strengthen U.S. leadership in the industries of the future at the same time.”
July 28, 2022

Senate:

Senate HELP Committee Ranking Member Burr and Republican Senators send letter to USED criticizing proposed Title IX changes and request extension on public comment period: On July 20, Senate HELP Committee Ranking Member Richard Burr (R-NC) along with 20 Republican Senators sent a letter to USED Secretary Cardona criticizing the Administration’s proposed changes to Title IX and urged extending the public comment period by 30 days. The letter raises concerns that the proposed changes to the Title IX rule for adjudicating sexual misconduct cases on college campuses threaten students’ due process rights and do not align with federal court precedent. The Senators write, “Rescinding or revising the existing Title IX regulations jeopardizes key protections for victims and the due process rights of the accused and places institutions back into legal jeopardy. Therefore, we ask that you, at a minimum, extend the public comment period by at least 30 days to ensure that the American public have the proper time to review this troublesome attack on due process protections and the expansion of Title IX.”
July 20, 2022

House:

House Education & Labor Subcommittee holds a hearing to examine contributions of tribal colleges and universities: On July 19, the House Education and Labor Subcommittee on Higher Education and Workforce held a hearing titled, “The History and Continued Contributions of Tribal Colleges and Universities.” Witnesses included Ms. Carrie Billy, President and CEO of the American Indian Higher Education Consortium; Dr. Beth Akers, Senior Fellow at the American Enterprise Institute; Dr. Sandra Boham, President of Salish Kootenai College in Montana; and Dr. Cynthia Lindquist, President of Cankdeska Cikana Community College in North Dakota. In her opening statement, Subcommittee Chairwoman Suzanne Bonamici (D-OR) highlighted the important role that tribal colleges and universities (TCUs) play in supporting traditionally underserved students in Native American communities, as the 35 institutions educate over 27,000 students from 250 different tribes. Subcommittee Chairwoman Bonamici shared that TCUs, “Play a critical role in protecting and preserving culture and traditions,” while also developing students’ leadership skills to help them contribute to the self-governance of their nations. In their testimonies, Ms. Billy and Dr. Boham also spoke to the positive impact that TCUs have on sustaining Native American culture, creating higher education opportunities for tribal and community members, and providing crucial community resources while emphasizing the need for increased federal funding.

While the hearing was intended to focus on TCUs, Republican members of the Subcommittee used their time during the hearing to criticize the Biden Administration for reportedly considering broad student loan forgiveness policies. Specifically, Subcommittee Ranking Member Mariannette Miller-Meeks (R-IA) described broad student loan forgiveness as , “a massive transfer of wealth from the hardworking taxpayers to the most affluent in our society.” As the Republican witness at the hearing, Dr. Akers’ testimony focused on the drawbacks of proposed student debt forgiveness policies, sharing that they would “allow people to borrow without consequence, which translates to a reduction in pressure on institutions to keep the price that they charge students in line with value.” Dr. Akers added that the proposed policies would place a financial burden on those who chose not to attend college, and disproportionately benefit middle and higher-income students.
July 19, 2022

House Budget Committee holds hearing to examine federal investments in early childhood education: On July 20, the House Budget Committee held a hearing titled, “Examining the Powerful Impact of Investments in Early Childhood for Children, Families, and Our Nation’s Economy.” Witnesses included former Speaker of the House of Representatives Newt Gingrich (R-GA); Dr. Hilary Hoynes, Professor of Economics and Public Policy and Haas Distinguished Chair in Economic Disparities, University of California Berkeley; Dr. Maureen Black, Distinguished Fellow in Early Childhood Development, RTI International, and Professor, Department of Pediatrics, University of Maryland School of Medicine; and Rasheed Malik, Director, Early Childhood Policy, Center for American Progress. The hearing examined a recent Budget Committee report highlighting the impact of investments in early childhood education. During the hearing, witnesses drew attention to the outcomes of federal programs such as Earned Income Tax Credit (EITC), the Expanded Child Tax Credit (CTC), and the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). The witnesses shared data that showed these programs decreased child poverty, with the expanded CTC lifting 3.7 million children out of poverty in 2021 and reducing child poverty by 5.9 percentage points, and that for every one dollar spent on healthcare through WIC, it saves 2.14 dollars in health costs for the participant.

Subcommittee Chairman John Yarmuth (D-KY) shared in his opening statement and throughout the hearing that investments through the ARP were vital to sustaining the child care workforce and thus keeping children out of poverty. “Study after study has found that enrollment in high-quality programs improves kids’ school readiness, college attendance, and health outcomes, and reduces their likelihood of future criminal activity,” Subcommittee Chairman Yarmuth stated. Subcommittee Ranking Member Jason Smith (R-MO) shared in his opening statement that with rapidly increasing rates of inflation, “the biggest threat to families right now is not a lack of government spending. We are in a state of crisis precisely because of reckless government spending.” Speaker Gingrich furthered this sentiment throughout the hearing, addressing the effectiveness of the level of government spending, “if the government would simply measure outcomes rather than inputs, you’d have a much better sense of what’s working and what’s not working.” Complete witness testimonies can be found here.
July 20, 2022

House Energy and Commerce Committee advances America Data Privacy and Protection Act: On July 20, the House Energy and Commerce Committee approved by a bipartisan vote of 53-2, H.R. 8152, the “American Data Privacy and Protection Act,” which would establish an national standard for data privacy. Additionally, the bill provides consumers with foundational data privacy rights, creates strong oversight mechanisms, and establishes meaningful enforcement. During the markup, the Committee rejected an amendment by Rep. Anna G. Eshoo (D-CA) by a vote of 8-48 that would have allowed states, including California, to include additional privacy rights, according to CQ. Note: a subscription to CQ is required to view this article. CQ noted that House Energy and Commerce Committee Chairman Frank Pallone (D-NJ) opposed the Eshoo amendment on the grounds that allowing states to set standards could lead to a collapse of the current compromise legislation. The bill will now move to the full House for consideration. A Committee memo released in advance of the markup outlining key elements of the bill is here.
July 20, 2022

House Veterans’ Affairs Subcommittee holds a hearing on modernizing veteran education after the COVID-19 pandemic: On July 20, the House Veterans Affairs Subcommittee on Economic Opportunity and Technology Modernization held a hearing to discuss how to update and improve veteran education programs after the pandemic. Subcommittee Chairman Mike Levin (D-CA) and Ranking Member Barry Moore (R-AL) led the hearing, which had two panels of witnesses. Ronald Burke, the Deputy Under Secretary for the Office of Policy and Oversight for the Veterans Benefit Administration at the U.S. Department of Veterans Affairs (VA) testified on the first panel, along with Ricardo Da Silva, the Program Integration Officer, Education Service at the VA; Dan McCune, the Executive Director of Software Product Management at the VA; and Rob Orifici, the Benefits and Memorial Services Portfolio Director at the VA. On the second panel, Will Hubbard, Vice President for Veterans and Military Policy at Veterans Education Success; Joseph Sharpe, the Director of Veterans Employment and Education for the American Legion; Rosezza Miller, Senior Director of Financial Aid Advising at Broward College in Fort Lauderdale, Florida; and Justin Monk, Director of Policy at the Student Veterans of America testified.

In his opening remarks, Subcommittee Chairman Levin noted that one of the goals of the hearing was to review the VA’s “progress in designing and implementing a number of tools to streamline veterans’ access to their education assistance benefits.” The VA, using $195 million in funding from the CARES Act is working to create a digital GI Bill to better connect with and respond to beneficiary needs. According to Chairman Levin, “…the VA disperses the nearly $12 billion it processes annually in veteran education benefits through 23 legacy computer systems [and] claims processors are often required to toggle between numerous systems, many of which do not communicate with each other, leaving adjusters to manually transfer and input data.” Subcommittee Ranking Member Moore said that this antiquated system causes many veterans to wait weeks or months to process cases and creates “financial hardships and undue stress being placed on our students.” Burke, in his testimony, noted that the VA has been attempting to modernize its technology for more than 30 years. In a question from Veterans Affairs Committee Chairman Mark Takano (D-CA) on claims and wait times, Burke said that wait times for beneficiaries to speak to a VA representative were down significantly as a result of some of the technology improvements to an average of six minutes this fiscal year. For claims to be resolved, Da Silva noted that the VA is now processing claims in an average of 12.6 days – a significant improvement on the agency’s target of 24 days.

The second panel focused on recommendations to address other deficiencies in VA programming and services that were exacerbated during the pandemic. Will Hubbard, from Veterans Education Success, spoke about fraud and the number of “student veterans [who] continue to face the threat of predatory actors in higher education even amidst VAs efforts to modernize and improve benefits.” He noted that some of the issues needed to be addressed through legislation as some references in current law “are so outdated that they reference courses taught over the radio.” Sharpe, from the American Legion, also spoke about the need to “prevent deceptive organizations claiming to provide quality education from taking advantage of veterans and taxpayer dollars.” The American Legion, he shared, “fully supports the expansion of the risk-based survey oversight model for assessing the education quality at all institutions of higher learning.” Monk, from the Student Veterans of America, mentioned that the COVID-19 pandemic “exposed numerous gaps” and “in response, Congress moved quickly to patch each of these newly-exposed holes in the veterans education benefits support structure to protect student veterans and their families from a sudden, unnecessary loss in benefits.” He strongly supported making many of these patches permanent.
July 20, 2022

House Ways and Means Committee Ranking Member Brady hosts roundtable discussion to highlight concerns with Biden Administration’s student debt forgiveness plan: On July 20, House Ways and Means Committee Ranking Member Kevin Brady (R-TX) and Oversight Subcommittee Ranking Member Tom Rice (R-SC) hosted a roundtable discussion titled, “The Perils of President Biden’s Student Debt Forgiveness Plan.” Dr. Beth Akers, Senior Fellow at the American Enterprise Institute, testified. According to Ranking Member Brady, the discussion was held to raise concerns with the Biden Administration’s reported plans to be considering student debt forgiveness. Specifically, Brady noted that the Biden Administration is “pursuing a regressive student loan policy that is nothing but a giveaway to highly educated college graduates,” which critics have shared would mostly benefit highly educated graduates who have salaries that allow them to pay back their loans. In his opening statement, Ranking Member Brady remarked, “This is a giveaway to highly educated college grads that will make rising costs worse rather than address the cost of colleges and universities. It is regressive, and will ultimately lead to higher, not lower, levels of student debt in the future.” A recording of the roundtable is here.
July 20, 2022

House Education and Labor Committee advances legislation to modernize child nutrition programs: On July 27, the House Ed & Labor Committee approved by a vote of 27-20 along party lines, H.R. 8450, the “Healthy Kids, Healthy Meals Act,” which would reauthorize child nutrition programs. A fact sheet on the legislation outlines the steps the bill takes to eliminate child hunger, which was nearly doubled in Black and Hispanic households throughout the pandemic. Specifically, H.R. 8450 improves access to school meals by expanding the Community Eligibility Provision; increases the reimbursement rate for lunch by 10 cents and provides commodity support for the School Breakfast Program; and modernizes Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) by expanding WIC eligibility to age six. Additionally, H.R. 8450 addresses food insecurity during the summer by authorizing the Summer EBT Program at $75 per month per child for eligible households and lowering the Summer Food Service Program (SFSP) area eligibility threshold so sites can serve more low- to middle-income neighborhoods. The bill also strengthens the Child and Adult Care Food Program (CACFP) by providing reimbursement for an additional meal or snack per child and allowing children in households participating in the Supplemental Nutrition Assistance Program (SNAP) to be automatically eligible for CACFP. House Education and Labor Committee Chairman Bobby Scott (D-VA) shared, “The Healthy Meals, Healthy Kids Act takes long overdue steps to deliver on that goal [of ending child hunger] by modernizing proven child nutrition programs and providing more children and families with access to nutrition assistance. This is a critical opportunity to help fulfill our basic responsibility to keep children from going hungry.” Committee Ranking Member Virginia Foxx (R-NC) issued a statement noting, “The fact is these bills do more harm than good. This rushed reauthorization of our child nutrition programs … widely expands access to free meals, even for wealthy families. Instead of working across the aisle to advance legislation that will help schools deal with Biden’s inflation and supply chain crises, H.R. 8450 pushes progressive ideology and more government red tape.” A section-by-section summary of H.R. 8450 is here.
July 27, 2022

Upcoming Events (Congress & Administration):

• On August 9-11, USED’s Office of Special Education Programs (OSEP) will host a webinar titled, “Smart Beginnings.” The three-day event will feature helpful resources for those working with infants, toddlers, children, and youth with disabilities, including parents and families, teachers, service providers, administrators, districts, and agencies. More information will be posted on OSEP’s Twitter.
• On August 17, 21, and 31, from 2:00 pm to 4:00 pm, USED’s Student Privacy Policy Office (SPPO) through its Privacy Technical Assistance Center (PTAC) will host a webinar series on the Family Educational Rights and Privacy Act (FERPA) and data security. The agenda for this three-day virtual event will include sessions on FERPA 101, FERPA 201, Transparency, Vetting Educational Technology, Data Breach Preparation and Response, and Data Security Threats. More information and registration are here.

Upcoming Events (Outside Organizations):

• On August 1 at 12:00 pm, the Heritage Foundation will host a hybrid discussion titled, “Shut Down: How Universities Target Free Speech and How to Fight Back.” The event will feature free speech experts who will discuss First Amendment rights on college campuses. More information and registration are here.
• On August 1 at 2:00 pm, Results for America, in collaboration with the White House Office of Science and Technology and the Office of Management and Budget, will host a virtual event in collaboration with the White House’s Year of Evidence for Action. The event aims at emphasizing evidence-based policy in federal laws and guidance, and the ways it can incentivize and support state and local governments to create positive results. Speakers include Julie Chávez Rodriguez, Senior Advisor, Assistant to the President and Director of the White House Office of Intergovernmental Affairs; Dr. Robert C. Hampshire, Deputy Assistant Secretary for Research and Technology and Chief Science Officer, U.S. Department of Transportation; G.T. Bynum, Mayor of Tulsa, OK; Sam Liccardo, Mayor of San Jose, CA, Toni Preckwinkle, Cook County, IL Board of Commissioners. More information and registration are here.
• On August 3 at 6:00 pm, the Education Trust will host a webinar titled, “Student Debt Crisis and its impact on Black Women.” The event will examine the student debt crisis, its impact on Black women, Black borrower mental health, and what advocates and policymakers can do to reform the system. Speakers include: Denise Forte, Interim CEO, The Education Trust; Lakeila R. Stemmons, National Director, Higher Heights; Dawn Brown, Director of Cross-Cultural Innovation and Engagement Task Force, NAMI; Dr. Shamelle Bell, Lecturer, Harvard University; Natasha Murphy, Chief of Staff, Black Girls Vote; and remarks from Rep. Bonnie Watson Coleman (D-NJ), Co-Chair of Congressional Caucus on Black Women and Girls. More information and registration are here.

Publications (Congress & Administration):

• On July 13, Federal Student Aid (FSA) posted its Quarterly Portfolio Reports to the FSA Data Center. This report shared information from March 31, 2022, which marks two years since the CARES Act allowed for payment flexibilities to borrower accounts. The report highlights 43 million unduplicated student loan recipients have about $1.62 trillion in outstanding loans as of March 31, 2022, which is an increase of $80 billion in the outstanding loan balance and about 400,000 student loan recipients since March 2020. The report is here.
• On July 18, USED’s Office for Civil Rights (OCR) published a revised Case Processing Manual. The Case Processing Manual outlines OCR’s procedures for promptly and effectively investigating and resolving complaints, compliance reviews, and directed investigations to ensure compliance with the civil rights laws OCR enforces. The revised Case Processing Manual is here.
• On July 18, the GAO published a report titled, “Teachers Generally Responded Positively to Professional Learning at DoD Schools.” Through survey results of the Department of Defense Education Activity (DODEA) teachers from 2018-2021, the report shows that educators generally felt positively about agency-wide professional development. Though they felt professional learning was accessible, teachers shared that they faced barriers in implementing the strategies they learned due to time and resource constraints. The agency responded to this feedback by providing teachers more time for implementation and technical assistance to find ways to use resources available to them.
• On July 27, the Institution of Education Sciences (IES) published a new report, titled “Updates on Student Reports of Bullying 2018-19.” IES used data from the 2019 School Crime Supplement (SCS) to the National Crime Victimization Survey (NCVS) to show the relationship between bullying victimization and other area of interest such as the reported presence of gangs, guns, drugs, alcohol, and hate-related graffiti at school; select security measures; student criminal victimization; and personal fear, avoidance behaviors, fighting, and weapon-carrying at school. The data shows that in 2019, approximately 22 percent of students ages 12 through 18 reported being bullied at school. Of these students, 29 percent reported that the bullying was related to their appearance, 11 percent reported a relation to their race, 8 percent reported a relation to their disability, 6 percent reported a relation to their ethnic origin, 5 percent reported a relation to their gender, 4 percent reported a relation to their sexual orientation, and 3 percent reported a relation to their religion. Overall, 25 percent of female students and 19 percent of male students ages 12 through 18 reported being bullied. Among these students, 20 percent of females and 14 percent of males reported negative effects of bullying on their schoolwork, with 16 percent of females and 7 percent of males reporting negative effects on their physical health.
• On July 28, the House Budget Committee released a new report titled, “Helping Children Thrive Helps Everyone: Investments in Early Childhood Pay Off Over Time.” The report highlights the testimony and findings from a recent hearing on the importance of federal investments in early childhood education. During the hearing, early childhood researchers shared that the investments in children provide benefits in both the immediate term and over the course of their lives, and provided evidence of how effective policies implemented by the federal government can benefit children.

Publications (Outside Organizations):

• On July 9, the National College Attainment Network (NCAN) shared new findings from the Form Your Future FAFSA Tracker in a release titled, “Class of 2022 FAFSA Completions Rebound, Climb 4.6% Year-Over-Year.” Data shows that high school Free Application for Federal Student Aid (FAFSA) completions were up 4.6% through July 1, representing around 92,000 additional applications. This estimate shows that 52.1% of 2022 seniors completed a FAFSA, which is up over 2020 and 2021, but slightly below the 53.8% FAFSA completion rate in 2019. Read the release here.
• On July 19, the Education Trust published a new brief titled, “How Student Debt Harms Black Borrowers’ Mental Health.” Through Ed Trust’s National Black Student Debt Study, 64% of survey respondents indicated that student debt negatively impacted their mental health. The report outlines several recommendations, including cancelling $50,000 in federal student debt, improving income-driven repayment plans to make monthly payments more affordable, doubling the Pell Grant, and creating federal-state partnership to make public college free. Read the full brief here.
• On July 20, the Wallace Foundation and EducationCounsel published a new report titled, “Building, Sustaining, and Improving: Using Federal Funds for Summer Learning and Afterschool.” The guide is designed to help district leaders, out-of-school time providers, and intermediaries to identify federal funding streams that can support summer and afterschool learning. Each funding stream is organized under three categories: Creating and Sustaining Equitable Conditions for Learning, Preparing for Program Delivery, and Building and Aligning Ecosystems of Support. Find the complete guide here.
• On July 21, Third Way announced an upgrade to its Economic Mobility Index in a release titled, “A New Way of Rating Institutions of Higher Ed: Upgrading the Economic Mobility Index.” Third Way’s Economic Mobility Index was published earlier this year to examine which institutions enroll the highest proportion of low- and moderate-income students and deliver a strong return on investment. The upgraded version features an interactive data map, a new tiered system based on the economic mobility schools provide, and a look at how much federal financial aid institutions receive on an annual basis. Read the full release here.
• In July 2022, the American Federation of Teachers (AFT) released a new report titled, “Here Today, Gone Tomorrow? What America Must Do to Attract and Retain the Educators and School Staff Our Students Need.” The report was conducted by the AFT’s Teacher and School Staff Shortage Task Force, made up of 25 teacher leaders from across the country. The report issued four recommendations: Revitalize the Educator and School Staff Pipeline; Restructure Schools to Create Positive Working and Learning Conditions for All; Provide Sustainable and Commensurate Compensation and Benefits; Utilize the Collective Voice and Strength of AFT’s Union to Impact Change at All Levels. Read the full report here.
• In July 2022, NWEA published a new research brief titled, “Student achievement in 2021-2022: Cause for hope and continued urgency.” The report explored the cumulative effects of the pandemic on student achievement in reading and math, and which students and schools have been most impacted. Research from the 2021-2022 school year shows that low-poverty schools rebounded learning loss more quickly than high-poverty schools. The report shows that modest improvement was made in elementary students, but the declines in middle school achievement remained unchanged. Black, Hispanic, and American Indian/Alaska Native (AIAN) remained disproportionately impacted by learning loss. Read the full brief here.
• In July 2022, RAND Corporation published a new research report titled, “Districts Continue to Struggle with Staffing, Political Polarization, and Unfinished Instruction.” Authors analyzed national representative survey responses from 291 district leaders who completed the American School District Panel survey in 2022. Survey results showed that ninety percent of school districts made changes to operations throughout the 2021-2022 school year because of teacher shortages. More than seventy-five percent of district leaders indicated that their number of teaching and school staff is above pre-pandemic levels. Read the full report here.
• On July 26, the United Negro College Fund (UNCF) published a new report titled, “Greater Funding, Greater Needs: A Report on Funding for HBCUs.” The report recognizes the influx of federal funds to HBCUs through pandemic relief aid, as well as historic increases in private funding. However, Lodriguez Murray, UNCF’s Senior Vice President for Public Policy and Government Affairs, shares that, “The influx of funding does not do away with 150 years of being chronically and systematically underfunded.” Recommendations include committing to collectively funding HBCUs at federally mandated levels and rallying public- and private-sector donors to help HBCUs attain unrestricted funds to obtain parity in their endowments.
• On July 27, the Student Borrower Protection Center and National Consumer Law Center released a new report titled, “Collection At All Costs: Examining the Intersection of Mass Incarceration and the Student Debt Crisis.” The report details findings from an investigation into the treatment of incarcerated student loan borrowers through a series of interviews with current and formerly incarcerated borrowers, conversations with legal aid staff and attorneys, and reviews of the Consumer Financial Protection Bureau’s Complaint Database and other government records. Findings indicate that servicing issues are particularly devastating for incarcerated borrowers due to the unique student loan servicing challenges inherent in the prison environment. The report makes recommendations that USED could implement to improve student loan outcomes for incarcerated borrowers.
• On July 27, New America published a new research brief titled, “Trapped by Default: Why borrowers default on their student loans and how the system jeopardizes their economic security.” The brief analyzes survey data on student loan borrowers in default. Key findings show that borrowers default because their resources are scarce, financially insecure borrowers are poorly served by the complexity of the system, and existing economic insecurity of borrowers is exacerbated. Findings also include the cyclical “trap” in which defaulted borrowers find themselves in, as they are at risk of re-defaulting in the same system that originally did not serve them well. The brief includes recommendations for USED and Congress to design a system to better serve borrowers.
• On July 28, the National Student Legal Defense Network published a new report titled, “How the U.S. Department of Education Can Usher in a New Era of Equity and Civil Rights in Higher Education.” The report highlights the racial disparities affecting the federal student loan system and proposes cooperation between USED’s Office for Civil Rights and Office for Federal Student Aid to hold schools accountable for civil rights violations.
• In July, the University of Wisconsin-Madison’s Student Success Through Applied Research (SSTAR) Lab published a new report titled, “Evaluating Federal Student Loan Repayment Outcomes at Six Research Universities.” Data on student loan repayment from six institutions was analyzed to support ongoing efforts to monitor, assess, and improve loan outcomes of former students. The report finds inequities in repayment outcomes that cut along lines of race and class, and repayment rates tend to be highest among borrowers who took out the smallest loans and enrolled in academic programs that tend to have high future earnings.

Legislation:

H.R. 8406
A bill to amend the Higher Education Act of 1965 to require reporting of certain incidents resulting in serious physical injuries or death at institutions of higher education, and for other purposes.
Sponsor: Rep. Joe Courtney (D-CT)

H.R. 8429
A bill to create a new Federal grant program that provides grants to State libraries to allow schools with summer lunch programs to keep their libraries open for student use during the summer months.
Sponsor: Rep. Joseph Morelle (D-NY)

H.R. 8447
A bill to amend the Internal Revenue Code of 1986 to impose an excise tax on certain investments of private colleges and universities.
Sponsor: Rep. Gregory Murphy (R-NC)

H.R. 8450
A bill to reauthorize child nutrition programs, and for other purposes.
Sponsor: Rep. Robert “Bobby” Scott (D-VA)

H.R. 8457
A bill to carry out an income-contingent repayment program for Federal Direct Interest-Free Education Loans for undergraduate students, and for other purposes.
Sponsor: Rep. David Cicilline (D-RI)

H.R. 8472
A bill to amend the Higher Education Act of 1965 to provide for Federal student loan reform.
Sponsor: Rep. Elaine Luria (D-VA)

H.R. 8474
A bill to improve the public service loan forgiveness program under section 455(m) of the Higher Education Act of 1965, to improve loan forgiveness eligibility provisions under such Act for teachers, and for other purposes.
Sponsor: Rep. Donald Norcross (D-NJ)

H.R. 8477
A bill to amend the Richard B. Russell National School Lunch Act to require mandatory certification for certain students and reduce stigma associated with unpaid school meal fees, and for other purposes.
Sponsor: Rep. Ilhan Omar (D-MN)

H.R. 8494
A bill to amend the Elementary and Secondary Education Act of 1965 to provide criteria for use of Federal funds to support trauma-informed practices in schools, and for other purposes.
Sponsor: Rep. Katherine Clark (D-MA)

H.R. 8496
A bill to prohibit the Secretary of Education, the Secretary of the Treasury, and the Attorney General from cancelling student loans except as specifically authorized by law.
Sponsor: Rep. Glenn Grothman (R-WI)

H.R. 8502
A bill to amend the Richard B. Russell National School Lunch Act to improve nutrition in tribal areas, and for other purposes.
Sponsor: Rep. Teresa Leger Fernandez (D-MN)

H.R. 8522
A bill to amend the Higher Education Act of 1965 to include notification and automatic enrollment procedures for borrowers who are delinquent on loans, and for other purposes.
Sponsor: Rep. Suzanne Bonamici (D-OR)

H.R. 8540
A bill to amend the Public Health Service Act to provide for the designation of institutions of higher education as Centers of Excellence in Cannabis Research, and for other purposes.
Sponsor: Rep. Scott H. Peters (D-CA)

H.R. 8548
A bill to amend the Education Sciences Reform Act of 2002 to establish a National Center for Advanced Development in Education at the Institute for Education Sciences, and for other purposes.
Sponsor: Rep. Suzanne Bonamici (D-OR)

H.R. 8549
A bill to amend the Higher Education Act of 1965 to include certain individuals who work on farms or ranches as individuals who are employed in public service jobs for purposes of eligibility for loan forgiveness under the Federal Direct Loan program.
Sponsor: Rep. Joe Courtney (D-CT)

H.R. 8552
A bill to provide for the Secretary of Health and Human Services to establish grant programs to improve the health and positive youth development impacts of youth sports participation, and for other purposes.
Sponsor: Rep. Colin Allred (D-TX)

H.R. 8567
A bill to amend the Higher Education Act of 1965 to support apprenticeship programs.
Sponsor: Rep. Ro Khanna (D-CA)

H.Res. 1273
A resolution of inquiry directing the President to provide certain documents in the President’s possession to the House of Representatives relating to communication between the executive branch and the American Federation of Teachers regarding reopening schools and supporting safe, in-person learning.
Sponsor: Rep. John Joyce (R-PA)

H.Res. 1295
A resolution of inquiry directing the Secretary of Education to transmit certain documents to the House of Representatives relating to the Department of Education’s cost estimates for the Secretary’s waivers related to public service loan forgiveness and income-driven repayment.
Sponsor: Rep. Virginia Foxx (R-NC)

H.Res. 1296
A resolution of inquiry requesting the President and directing the Secretary of Education to transmit, respectively, certain documents to the House of Representatives relating to the legal authority to forgive Federal student loan debt.
Sponsor: Rep. Virginia Foxx (R-NC)

S. 4511
A bill to provide a consumer protection framework necessary to support the growth of accessible, affordable, and accountable financing options for postsecondary education, and for other purposes.
Sponsor: Sen. Todd Young (R-IN)

S. 4576
A bill to provide competitive grants for the promotion of Japanese American confinement education as a means to understand the importance of democratic principles, use and abuse of power, and to raise awareness about the importance of cultural tolerance toward Japanese Americans, and for other purposes.
Sponsor: Sen. Brian Schatz (D-HI)

S. 4578
A bill to create a new Federal grant program that provides grants to State libraries to allow schools with summer lunch programs to keep their libraries open for student use during the summer months.
Sponsor: Sen. Jeff Merkley (D-OR)

S. 4581
A bill to improve the public service loan forgiveness program under section 455(m) of the Higher Education Act of 1965, to improve loan forgiveness eligibility provisions under such Act for teachers, and for other purposes.
Sponsor: Sen. Robert Menendez (D-NJ)

S. 4586
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. 4602
A bill to amend the Richard B. Russell National School Lunch Act to prohibit the stigmatization of children who are unable to pay for school meals, and for other purposes.
Sponsor: Sen. Tina Smith (D-MN)

S. 4614
A bill to amend the Elementary and Secondary Education Act of 1965 to provide criteria for use of Federal funds to support trauma-informed practices in schools, and for other purposes.
Sponsor: Sen. Tina Smith (D-MN)

S. 4658
A bill to amend the Higher Education Act of 1965 to support apprenticeship programs.
Sponsor: Sen. Michael Bennet (D-CO)

S. 4675
A bill to amend the Child Care and Development Block Grant Act of 1990 to provide grants to States to establish positions to minimize administrative burden on families seeking child care assistance.
Sponsor: Sen. Margaret Wood Hassan (D-NH)