E-Update for December 16, 2016
Please note that this will be the final EducationCounsel E-update for 2016. Publication will resume on January 6, 2017.
Highlights
- On December 9, the Continuing Resolution (CR) passed in the Senate by a vote of 63-36 and became law providing federal funding through April 28, 2017. A summary and section-by-section analysis of the Senate CR here. A summary of the House CR here.
- On December 12, the U.S. Department of Education (USED) released final regulations under Part B of the Individuals with Disabilities Education Act (IDEA) which address the significant disproportionality of children of color in special education and discipline.
- On December 16, USED released final regulations on State Authorization of Postsecondary Distance Education programs. The final regulations clarify the State authorization requirements an institution must comply with in order to be eligible to participate in Title IV programs.
- On December 12, USED Secretary John King sent a letter to the Accrediting Council for Independent Colleges and Schools (ACICS) announcing that he will uphold the decision to terminate federal recognition of the for-profit accrediting agency. In conjunction with the decision, USED announced new provisions that will apply to the colleges accredited by ACICS in order to continue participating in federal student aid programs.
U.S. Congress
Senate Passes H.R. 6416, the “Veterans Health Care and Benefits Improvement Act of 2016”: The Senate passed H.R. 6416, the “Veterans Health Care and Benefits Improvement Act of 2016,” by voice vote with no amendment to the House bill seeing the measure to the President for his signature. The bill has a requirement that colleges and universities submit an annual report on how well GI Bill-receiving students are doing. It would also require a non-accredited course to be approved only if the school submits a written application that is approved by a state approving agency.
December 10, 2016
U.S. House of Representatives Committee on the Budget releases its Budget Reconciliation Primer: The House Committee on the Budget released a primer regarding how the budget reconciliation process works. Reconciliation directives include the amount of budgetary change to be achieved, the time period over which such change should be measured, and a deadline by which the authorizing committees must report legislation.
December 12, 2016
Report on Department of Defense (DoD)’s Decision regarding the Participation of the University of Phoenix in the Voluntary Education Tuition Assistance Program: Senate Armed Services Committee Chairman John McCain (R-AZ) released an oversight report on the DoD’s allegedly unfair treatment of the University of Phoenix, and its impact on the active duty military students it serves. The report examines DoD’s decision to place the University of Phoenix on probation regarding its participation in the Voluntary Education Tuition Assistance Program. The report follows a Senate Armed Services Committee hearing in November. The report can be found here.
December 16, 2016
Administration
King Calls for Supporters of Public Education to Unite on Behalf of Children: USED Secretary King spoke at the Center for American Progress as part of his Opportunity Across America Tour, during which he called on public education advocates to work together to advance opportunities for all students, especially the most vulnerable students. In his speech, he noted the importance of equitable public education for a healthy democracy. Secretary King’s full statement can be found here.
December 14, 2016
Final Regulations on Significant Disproportionality Released: USED released final regulations under Part B of the Individuals with Disabilities Education Act (IDEA) which address the significant disproportionality of children of color in special education and discipline. The regulations address issues pertaining to identification, placement and discipline based on race or ethnicity. Accompanying the regulations, USED also released a Dear Colleague Letter addressing racial discrimination. The final regulations can be found here and the Dear Colleague Letter here.
December 12, 2016
Final Regulations on State Authorization of Distance Education Programs Released: USED has released final regulations on State Authorization of Postsecondary Distance Education programs to clarify the State authorization requirements an institution must comply with in order to be eligible to participate in Title IV programs. The final regulations require institutions offering distance education or correspondence courses to be authorized by each state in which the institution enrolls students, if such authorization is required by the state. This regulatory action also establishes requirements for institutional disclosures to prospective and enrolled students in programs offered through distance education or correspondence courses.
December 16, 2016
Federal Recognition of the Accrediting Council for Independent Colleges and Schools (ACICS) Terminated: USED Secretary John King sent a letter to ACICS announcing that he will uphold the decision to terminate federal recognition of the for-profit accrediting agency. In conjunction with the decision, USED announced new provisions that will apply to the colleges accredited by ACICS that wish to continue participating in federal student aid programs. An announcement on the provisions can be found here. USED Secretary King also sent a letter to students regarding the termination that can be found here. FAQ article can be found here.
- The leadership of the Senate Health, Education, Labor, and Pensions (HELP) Committee and the House Education and the Workforce Committee issued the following statements regarding the termination: Senate HELP Committee Ranking Member Patty Murray’s (D-WA) statement; House Education and the Workforce Committee Chairman John Kline’s (R-MN) and Incoming Chairman Virginia Foxx’s (R-NC) statement. House Education and the Workforce Committee Ranking Member Bobby Scott’s statement.
- ACICS has filed a lawsuit in the U.S. District Court for the District of Columbia to prevent USED from terminating its federal recognition.
- Related News: The D.C. Circuit Court of Appeals scheduled oral arguments for a case that examines whether the Consumer Financial Protection Board (CFPB) has the legal authority to investigate accreditation at for-profit colleges after a lower court determined that CFPB did not have the authority to request information from ACICS. The hearing is scheduled for February 2nd.
December 12, 2016
U.S. Department of Education Announces Loan Counseling Experiment and New College Completion Toolkit: USED announced a loan counseling experiment to identify promising loan counseling practices that can help students make the decisions that are right for them. Fifty-one postsecondary institutions have been invited to participate in the experiment. USED also released a new College Completion Toolkit, highlighting promising state practices for increasing college completion rates, which can be found here.
December 15, 2016
U.S. Department of Education Grant Competitions Announced:
- U.S. Department of Education Announces Inaugural Education Innovation and Research Competition: USED announced an invitation for grant applications for the Education Innovation and Research (EIR) Program, which provides funding for evidence-based, field-initiated innovations to improve student achievement and attainment for high-needs students and evaluate such innovations. Applicants are invited to submit applications for early-phase, mid-phase, and expansion grants depending on the level of evidence associated with their project. The Early-phase grants notice can be found here, mid-phase grants notice here, and expansion grants notice here.
- USED announced two new grant competitions, Opening Doors, Expanding Opportunities and the 2017 Magnet Schools Assistance Program, to support districts in their work to increase socioeconomic and racial diversity in schools and improve academic achievement.
- USED published a blog post requesting comments from stakeholders regarding the Arts in Education (AIE) Program 2017 grant competition, which supports arts education for all students.
White House Announces New Support of My Brother’s Keeper: The Obama Administration announced new federal commitments in support of My Brother’s Keeper, including a National Student Attendance, Engagement, and Success Center to promote strategies that address chronic absenteeism and an accessible compilation of statistical indicators to encourage analyses of life outcomes for boys and young men of color.
December 14, 2016
Consumer Financial Protection Bureau (CFPB) Finds Bank Marketing Deals With Colleges Can Mean Costly Fees and Risks for Students: CFPB released a college banking report citing concerns regarding costly fees and risks associated with certain college-sponsored accounts and also examines the school-sponsored credit card market. The full report can be accessed here.
December 14, 2016
DeVry University Agrees to $100 million Settlement with the Federal Trade Commission (FTC): DeVry University and its parent company have agreed to a $100 million settlement of a FTC lawsuit alleging that they misled prospective students with ads that touted high employment success rates and income levels upon graduation. The FTC’s complaint charged that DeVry misled consumers in violation of the FTC Act by claiming that 90 percent of graduates actively seeking employment landed jobs in their field within six months of graduation.
December 15, 2016
Publications
Government Accountability Office (GAO) Report: Child Care Subsidies and Strategies to Manage Demand Vary Across States: The U.S. Government Accountability Office (GAO) released a report regarding the access low-income families have to child care subsides. Under the Child Care and Development Fund (CCDF) the federal government provides states funding to assist these families. Preliminary findings suggest that those receiving subsidies tended to be younger (under age 5) and poorer (in families below federal poverty guidelines).
December 15, 2016
AEI Releases Report on Federal Support for Private School Choice Programs: The American Enterprise Institute (AEI) published a report entitled, “How Federal Support Could Boost Private School Choice Programs,” which outlines how the next Administration can support high-quality, highly accountable state school choice programs.
December 12, 2016
ECS Releases Postsecondary Policy Briefs: Education Commission of the States (ECS) released a series of policy briefs on state-federal partnerships in postsecondary education, which covers a range of topics, including financial aid, free community college, and data partnerships. Included in the series is a brief entitled, “Enhancing State Authorization: The need for action by states as stewards of higher education performance,” written by EducationCounsel’s Managing Partner and Co-founder Art Coleman and Policy Assistant Amber Saddler, along with the American Association of State Colleges and Universities.
December 13, 2016
UNCF Releases Report on Student Loan Debt at HBCUs: The United Negro College Fund (UNCF) released a report entitled, “Fewer Resources, More Debt: Loan Debt Burdens Students at Historically Black Colleges and Universities,” which analyzes student loan debt among undergraduate students at Historically Black Colleges and Universities (HBCUs) in comparison to non-HBCU students.
December 14, 2016
GLSEN Releases National School Climate Survey: The Gay, Lesbian and Straight Network (GLSEN) released a National School Climate Survey, which details how school-based supports can improve school climate and educational outcomes for students.
December 14, 2016
NIEER Releases Report on Head Start: The National Institute for Early Education Research (NIEER) published a report entitled, “State(s) of Head Start,” which examines Head Start data in every state, including data on enrollment and quality.
December 14, 2016
CCSSO Releases Guide for Elevating School Leadership through ESSA: The Council of Chief State School Officers (CCSSO) released a guide to help states elevate school leadership through ESSA state plans and new funding opportunities.
December 2016
Legislation
S.3521
A bill to amend the Higher Education Act to provide students with disabilities and their families access to critical information needed to select the right college and succeed once enrolled.
Sponsor: Sen. Bob Casey (D-PA)
S.3519
A bill to address the psychological, social, and emotional needs of children, youth, and families who have experienced trauma, and for other purposes.
Sponsor: Sen. Heidi Heitkamp (D-ND)
H.R. 6464
A bill to direct the Secretary of Education to award grants for teacher-led projects to improve academic growth in elementary school and secondary school, and for other purposes.
Sponsor: Rep. Susan Davis (D-CA)
H.R. 6472
A bill to amend the Elementary and Secondary Education Act to establish a Volunteer Teacher Advisory Committee and a Volunteer Parents and Families Advisory Committee.
Sponsor: Rep. Kathleen Rice (D-NY)