E-Update for the Week of December 24, 2018

Highlights:

• On December 21, the U.S. Department of Education (USED) and Department of Justice (DOJ) announced they have rescinded the 2014 Obama-era school discipline guidance. The rescission comes after the Federal Commission on School Safety recommended, within its final report, the Departments rescind the guidance. The rescission of the guidance does not change federal civil rights law or states’ and districts’ obligation to administer school discipline in a non-discriminatory way, and to ensure schools are free of discrimination including free from the disparate impact upon any group of students. Since guidance documents do not have the force of law, like federal regulations or statutes, the guidance did not change any legal requirements of schools, districts or states. A full summary analysis, by EducationCounsel, of the Federal Commission on School Safety Report, including a deeper analysis of the school discipline guidance and implications of its rescission, is here.
• On December 18, the Federal Commission on School Safety released its final report, which included a series of recommendations that the federal government, state, and local governments can take to improve school safety. The Commission provided recommendations regarding how schools should improve social emotional learning; should address cyberbullying; should improve mental health services; should monitor and report suspicious or troubling student behavior; should train school personnel, including school resource officers, on how to respond to crisis events; and should improve physical school buildings to improve safety.
• On December 17, Senate HELP Committee Chairman Lamar Alexander (R-TN) announced he would not seek reelection in 2020, effectively retiring from Congress after his current term.

Every Student Succeeds Act (ESSA):

Georgia, North Carolina submit applications for Innovative Assessment Pilot: Georgia and North Carolina submitted their applications for the Every Student Succeeds Act (ESSA) Innovative Assessment pilot program. The program allows approved states to implement new assessment tools and designs in various districts throughout the state, before applying them statewide. Only New Hampshire and Louisiana have had their applications approved by the U.S. Department of Education (USED).
December 20, 2018

Congress:

Scott, Murray call for OIG investigation into ACICS approval; OIG plans to conduct audit: Education and the Workforce Committee Ranking Member Bobby Scott (D-VA) and Senate Health, Education, Labor, and Pensions (HELP) Committee Ranking Member Patty Murray (D-WA) requested the USED Office of the Inspector General (OIG) investigate the Department’s decision to provide federal approval to the Accrediting Council of Independent Colleges and Schools (ACICS). The Congress members cite the lack of evidence for other accreditation agencies supporting ACICS as means for the Department’s decision to be examined further. “If the Department used incorrect information to determine ACICS’ compliance with federal regulatory criteria for recognition, then the Department’s review process and re-recognition of ACICS put students and taxpayers at significant risk,” stated the Congress members. Based on a statement by the spokesperson, OIG is planning to audit the decision. The full letter is here. A press release is here.
December 18, 2018

Congress releases tentative legislative calendar for 2019: Senate and House released their respective 2019 tentative legislative calendars. Both chambers will gavel in the 116th Congress on January 3. The Senate calendar is here. The House calendar is here.
December 17, 2018

Senate:

Senate passes “FAFSA Act,” unlikely to see movement in House this Congress: The Senate passed via Unanimous Consent, S.3611, the “Faster Access to Federal Student Aid (FAFSA) Act of 2018.” The bill, co-sponsored by Senate HELP Committee Chairman Lamar Alexander (R-TN) and Senate HELP Committee Ranking Member Patty Murray (D-WA), would amend the Internal Revenue Code and the Higher Education Act to allow for better data sharing between the Internal Revenue Service and USED. “This legislation will make completing the complicated FAFSA much easier for students and families—allowing them to answer up to 22 questions on the form with one simple click, while securing the applicant’s data,” stated Chairman Alexander. The bill is unlikely to see action in the House before the end of this Congress. The bill is here. A statement by Chairman Alexander is here. A statement by Ranking Member Murray is here.
December 20, 2018

Alexander to resign from Congress after 2020: Senate HELP Committee Chairman Lamar Alexander (R-TN) announced he would not seek reelection in 2020, effectively retiring from Congress after his current term. “The people of Tennessee have been very generous, electing me to serve more combined years as Governor and Senator than anyone else from our state. I am deeply grateful, but now it is time for someone else to have that privilege,” stated the Chairman. Senator Mike Enzi (R-WY) is the current Vice Chairman and is considered a potential replacement to Chairman Alexander, contingent on Republicans maintaining the majority after the 2020 elections. A statement by the Chairman is here.
December 17, 2018

Administration:

U.S. Department of Education (USED):

USED, DOJ rescind 2014 Obama-era school discipline guidance: USED and DOJ announced they have rescinded the 2014 Obama-era school discipline guidance. The rescission comes after the Federal Commission on School Safety recommended, within its final report, the Departments rescind the guidance. The 2014 guidance explained how the USED Office of Civil Rights (OCR) and DOJ would investigate and enforce actions under Title IV and Title VI of the Civil Rights Act, including setting out the legal framework it relied upon and describing potential actions OCR would take if a district or school was found to have disproportionate rates of suspensions and expulsions based on race. The rescission of the guidance does not change federal civil rights law or states’ and districts’ obligation to administer school discipline in a non-discriminatory way, and to ensure schools are free of discrimination including free from the disparate impact upon any group of students. Since guidance documents do not have the force of law, like federal regulations or statutes, the guidance did not change any legal requirements of schools, districts or states. Rescission of the guidance is not a prohibitory factor for local communities to enforce their policies. For investigations of racial discrimination based on Title VI, the Office of Civil Rights (OCR) will examine information such as direct evidence of racial motive or animus or circumstantial evidence of racial bias, including: comparative evidence regarding the treatment of similarly situated students; departures from the school’s standard discipline policies; or a history or discriminatory actions.

The Dear Colleague Letter (DCL) announcing the rescission is here. A Question and Answer document on racial discrimination and school discipline, issued in concert with the DCL, is here. A full summary analysis, by EducationCounsel, of the Federal Commission on School Safety Report, including a deeper analysis of the school discipline guidance and implications of its rescission, is here.
December 21, 2018

DeVos calls for “rethinking” for American higher education: USED Secretary Betsy DeVos delivered remarks to the American Council on Education during which she outlined her goals for higher education policy changes in the next year. The Secretary described the need to “rethink” higher education and to “expand our thinking about what education actually is.” Secretary DeVos discussed the actions the Department will be taking to change the current accreditation system to clarify roles and responsibilities of all involved; to embrace and support innovation; and to provide more Department support and information to accreditors. The Secretary’s full remarks are here.
December 19, 2018

USED to restart student loan servicing contract process: USED filed a document in the Federal Court of Claims that announced it will be restarting the request for proposals process in regards to the Department’s attempts to change its student loan servicing. The Department’s solicitation of proposals was being challenged in court, as companies argued the Department unfairly changed its proposals process significantly in the middle of the process. The document was filed in a case brought forth by Navient, a major student loan servicer. Based on the document filed, the Department would prepare a new solicitation process and begin the process again by January 15, 2019. The full document filed is here.
December 14, 2018

U.S. Department of Health and Human Services (HHS):

HHS reverses fingerprinting policy, expedites release of 2,000 migrant children: HHS announced it would partially reverse a policy requiring the fingerprints of all family members in order for a migrant child to be returned to the family. The partial reversal will allow for an expedited release of almost 2,000 children that are currently in the custody of the Department. There are still approximately 15,000 children in HHS custody in shelters across the country.
December 18, 2018

Federal Commission on School Safety:

Federal Safety Commission releases final report, recommends rescission of school discipline guidance:  The Federal Commission on School Safety released its final report, which included a series of recommendations that the federal government, state, and local governments can take to improve school safety. The Commission, composed of USED Secretary DeVos, HHS Secretary Alex Azar, U.S. Department of Homeland Security (DHS) Secretary Kirstjen Nielsen, and acting U.S. Attorney General Matthew Whitaker, provided recommendations regarding how schools should improve social emotional learning; should address cyberbullying; should improve mental health services; should monitor and report suspicious or troubling student behavior; should train school personnel, including school resource officers, on how to respond to crisis events; and should improve physical school buildings to improve safety. Largely expected, the Commission recommended the rescission of Obama-era guidance from 2014 that encouraged districts to consider the disparate impact of their school discipline policies and to significantly limit the use suspension and expulsion practices to address student behavior. The Commission concluded the 2014 guidance created a “chilling effect on classroom teachers’ and administrators’ use of discipline by improperly imposing… a forceful federal role in what is inherently a local issue.” The report itself did not rescind the guidance, but it is expected USED will announce the rescission in the coming days. Rescission of the guidance would not change federal anti-discrimination law, nor would it prevent schools and districts from continuing practices implemented under the 2014 guidance. The full report is here.

A statement by USED Secretary DeVos is here. A statement by acting Attorney General Matthew Whitaker is here. A statement by Senate HELP Committee Ranking Member Patty Murray (D-WA) is here. A statement by House Education and the Workforce Committee Ranking Member Bobby Scott (D-VA) is here.
December 18, 2018

Publications (Congressional and Administration):

• On December 18, the National Center for Education Statistics (NCES) published a report titled, “Three-Year Persistence and Attainment Among Subbaccalaureate Occupational Students: 2006 and 2014.” The report examines the rate at which students remain in school or attain a credential within three years of enrollment within a postsecondary program. Key findings of the report include identifying that the three-year persistence and attainment rate for subbaccalaureate students was less than bachelor’s students; and that the three-year persistence and attainment rate increased for the 2011-2012 cohort, compared to the 2003-2004 cohort. The full report is here.
• On December 18, NCES published a report titled, “Why Didn’t Students Complete a Free Application for Federal Student Aid (FAFSA)? – A Detailed Look.” The report analyzes data from the 2013 update of the high school longitudinal study of 2009 and examines data for fall 2009 ninth-graders who graduated from high school. Key findings of the report include identifying that 65 percent of students or their parents completed the FAFSA; that 33 percent of students who did not complete the FAFSA thought their family could afford school or college without financial aid; that 32 percent of those not applying thought they or their family may be ineligible or not qualify for financial aid; and 28 percent did not want to take on debt. The full report is here.
• On December 17, HUD released a report titled, “2018 Annual Homeless Assessment Report to Congress.” The report analyzes data from cities and counties across the country to estimate how many individuals continue to face homelessness. Key findings of the report include identifying that there was a 0.3 percent increase in those facing homelessness since 2017; that homelessness among veterans fell 5.4 percent; and homelessness experienced by families with children decreased by 2.7 percent. The full report is here.

Publications (Outside Organizations):

• On December 19, the Center for American Progress (CAP) released a report titled, “Smart Investments for Safer Schools.” The report analyzes state and district policies that have been attempted to improve the safety of students. Key findings of the report include identifying that policies such as arming school resource officers, installing metal detectors and surveillance cameras have found to not have an impact on improving safety; that the increased utilization of punitive discipline policies have a significant disproportionate impact on students of color and students with disabilities; and the sales of school security equipment and services to public K-12 schools was $2.7 billion in 2017. The full report is here.
• On December 18, Bloomberg published an analysis of student loan debt and found that it had doubled since th\e 2008 recession, reaching a total of $1.5 trillion. According to the analysis, the total has increased from $675 billion in June 2009, when the recession is believed to have ended. Further, the analysis found that loans disbursed in 2012 have a default rate that is higher than loans taken out in any other year. The full analysis is here.
• On December 18, the National Student Clearinghouse Research Center released its seventh annual report titled, “Completing College – National.” The report analyzes data to examine college completion rates and six-year outcomes of students, specifically those who began a postsecondary education in 2012. Key findings of the report include identifying that six-year completion rates increased for both two-year and four-year institutions, increasing to 58.3 percent; for black students, the completion rate increased to 47.6 percent, and 57.4 percent for Hispanic students; and for students who transferred from a two-year school to a four-year school, the completion rate increased to 15.8 percent. The full study is here.
• On December 17, Child Trends published a report titled, “Schools report fewer out-of-school suspensions, but gaps by race and disability persist.” The report analyzes data from the Civil Rights Data Collection in order to determine rates of out-of-school suspensions and disaggregates by race. Key findings of the report include identifying that suspension rates for all students decreased from 5.6 percent to 4.7 percent between 2011 and 2015; black students were suspended at a significantly higher rate (8.0 percent) compared to white students (3.8 percent) and Hispanic students (3.5%); and students with disabilities were suspended at a higher rate (8.6 percent) compared to students without disabilities (4.1 percent). The full report is here.

Upcoming Events (Congressional & Administration):

• On January 14-16, February 19-22, and March 25-28, from 9:00 am to 5:00 pm, the Accreditation and Innovation Negotiated Rulemaking committee will meet in Washington, D.C. The meeting will be held at the USED Lyndon Baines Johnson (LBJ) Building Barnard Auditorium. The rulemaking committee announcement is here.
• On January 17-18, February 12-13, and March 11-12, from 9:00 am to 5:00 pm, the Distance Learning and Educational Innovation Subcommittee for the Accreditation and Innovation rulemaking committee will meet in Washington, D.C. The meeting will be held at the USED Potomac Center Plaza (PCP) Auditorium. The rulemaking committee announcement is here.
• On January 17-18, February 12-13, and March 11-12, from 9:00 am to 5:00 pm, the Faith-Based Entities Subcommittee for the Accreditation and Innovation rulemaking committee will meet in Washington, D.C. The meeting will be held at the USED Lyndon Baines Johnson (LBJ) Building Barnard Auditorium. The rulemaking committee announcement is here.
• On January 17-18, February 12-13, and March 11-12, from 9:00 am to 5:00 pm, the TEACH Grants Subcommittee for the Accreditation and Innovation rulemaking committee will meet in Washington, D.C. USED will publish a separate notice in the Federal Register to announce the location of the meeting. The rulemaking committee announcement is here.

Legislation:

H.R.7320
“Trauma-Informed Schools Act of 2018”
Sponsor: Rep. Katherine Clark (D-MA)

H.R.7353
A bill to amend the Immigration and Nationality Act to establish the STEM Education and Training Account in order to enhance the economic competitiveness of the United States by providing funding for STEM education and training, and for other purposes.
Sponsor: Rep. Dina Titus (D-NV)

H.R.7326
A bill to amend the Higher Education Act of 1965 to establish a work-based learning opportunities pilot grant program.
Sponsor: Rep. Derek Kilmer (D-WA)

H.R.7386
A bill to amend the Internal Revenue Code of 1986 and the Higher Education Act of 1965 to facilitate the disclosure of tax return information to carry out the Higher Education Act of 1965, and for other purposes.
Sponsor: Rep. Tim Walberg (R-MI)

S.3762
A  bill to amend the Higher Education Opportunity Act to restrict institutions of higher education from using revenues derived from Federal educational assistance funds for advertising, marketing, or recruiting purposes.
Sponsor: Senator Sherrod Brown (D-OH)

S.3769
A bill to establish an Early Federal Pell Grant Commitment Program.
Sponsor: Senator Debbie Stabenow (D-MI)

S.3782
A bill to direct the Secretary of Education to establish and carry out a grant program to make grants to eligible institutions to plan and implement programs that provide comprehensive support services and resources designed to increase transfer and graduation rates at community colleges, and for other purposes.
Sponsor: Senator Brian Schatz (D-HI)

S.3802
A bill to promote effective registered apprenticeships, for skills, credentials, and employment, and for other purposes.
Sponsor: Senator Patty Murray (D-WA)