E-Update for the Week of December 3, 2018
Highlights:
- On November 29, USED published in the Federal Register a notice of proposed rulemaking (NRPM) on Title IX, the federal civil rights law that prohibits discrimination on the basis of sex in education programs or activities that receive federal funding, related to schools’ responses to sexual harassment and assault. Public comment will be accepted until January 28, 2019.
- On November 29, the Senate Health, Education, Labor, and Pensions (HELP) Committee held a committee vote on the nomination of Robert King to be U.S. Department of Education (USED) Assistant Secretary for Postsecondary Education. The Committee voted 12-11, along party lines, to successfully advance King’s nomination to the full Senate for consideration. No debate on his nomination has been scheduled.
- On November 28, House Democrats nominated current House Minority Leader Nancy Pelosi (D-CA) to be Speaker of the House for the 116th Congress. Minority Leader Pelosi was selected by a vote of 203-32 and will need 218 votes when the entire House votes on January 3.
Tax Reform:
Brady introduces lame duck tax reform package, unlikely to move in House or Senate: House Ways and Means Committee Chairman Kevin Brady (R-TX) released a tax reform package that includes various amendments to H.R. 1, the “Tax Cuts and Jobs Act,” as well as retirement and other savings accounts improvements. Further, the legislation includes changes to the Internal Revenue Service (IRS), and provides temporary tax relief for victims of the California wildfires and Hurricanes Florence and Michael. “This broad, bipartisan package builds on the economic successes we continue to see throughout our country,” Chairman Brady stated. The bill was originally scheduled for a floor vote on November 30, but was pulled from the schedule. A press release is here. The bill text is here.
November 26, 2018
Congress:
Senate:
HELP Committee advances USED higher education assistant secretary nomination: The Senate Health, Education, Labor, and Pensions (HELP) Committee held a committee vote on the nomination of Robert King to be U.S. Department of Education (USED) Assistant Secretary for Postsecondary Education. The Committee voted 12-11, along party lines, to successfully advance King’s nomination to the full Senate for consideration. No debate on his nomination has been scheduled. More information from the HELP Committee is here. A press release from the Committee majority is here.
November 29, 2018
House:
Granger to lead House Appropriations Committee as Ranking Member: House Republicans via their Steering Committee for the 116th Congress, selected Rep. Kay Granger (R-TX) to become the Ranking Member for the House Appropriations Committee next year. Granger is the first Republican woman to hold the title. She will replace Chairman Rodney Frelinghuysen (R-NJ) who is retiring after this year. A press release from Chairman Frelinghuysen is here.
November 29, 2018
Pelosi nominated to be Speaker of House for 116th Congress, still needs 15 more votes by Jan. 3: House Democrats nominated current House Minority Leader Nancy Pelosi (D-CA) to be Speaker of the House for the 116th Congress. Minority Leader Pelosi was selected by a vote of 203-32 and will need 218 votes when the entire House votes on January 3.
Additionally, Rep. Steny Hoyer (D-MD) was elected as House Majority Leader for the 116th Congress, Rep. Jim Clyburn (D-SC) was elected as House Majority Whip, and. Rep. Ben Ray Lujan (D-NM) was elected as Assistant Democratic Leader. Rep. Hakeem Jeffries (D-NY) was elected as Democratic caucus chair, defeating Rep. Barbara Lee (D-CA).
November 28, 2018
Administration:
White House:
Ivanka, Tim Cook visit Idaho schools, highlight focus on technology and personalized education: Presidential adviser Ivanka Trump visited Wilder Elementary School in Wilder, Idaho as part of her work with the National Council of the American Worker. Trump visited the school to explore its use of technology and innovative instructional practices, such as student-driven learning. She was joined by Apple CEO, Tim Cook. Apple had donated devices and computers to the school district three years ago. An article by the Idaho Statesman is here.
November 27, 2018
U.S. Department of Education (USED):
USED Inspector General to examine OCR, state accountability plans in 2019: The U.S. Department of Education (USED) Office of the Inspector General released its fiscal year (FY) 2019 Annual Work Plan. Included within the plan are the Office’s priority areas for audit and internal investigation of the Department and its programs. According to the work plan, the Office will examine Federal Student Aid programs and operations, grant programs and operations, including a review of the Department’s oversight of statewide accountability systems under the Every Student Succeeds Act (ESSA). Additionally, the Office will begin a new audit of the USED Office of Civil Rights (OCR) complaint dismissal process. According to the work plan, the Office will attempt to determine if OCR has “appropriately dismissed discrimination complaints in accordance with applicable policies and procedures.” The full FY2019 annual work plan is here.
November 30, 2018
USED publishes Title IX proposed rule, public comments accepted until Jan. 28: USED published in the Federal Register a notice of proposed rulemaking (NRPM) on Title IX, the federal civil rights law that prohibits discrimination on the basis of sex in education programs or activities that receive federal funding, related to schools’ responses to sexual harassment and assault. Key provisions of the proposed regulation that have gained attention include: requiring schools to respond to sexual harassment only when actual notice is received by a Title IX coordinator or an official who has authority to institute corrective measures; the proposed rule would require schools to apply basic due process protections for students, including a presumption of innocence throughout the grievance process; written notice of allegations and an equal opportunity to review all evidence collected; and the right to cross-examination, subject to “rape shield” protections. Public comment will be accepted until January 28, 2019. Proposed regulation can be found here. USED’s summary of the proposed rule can be found here. Section by section can be found here. USED press release can be found here.
A statement from Senate HELP Committee Chairman Lamar Alexander (R-TN) 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 Chairwoman Virginia Foxx (R-NC) is here. A statement by House Education and the Workforce Committee Ranking Member Bobby Scott (D-VA) is here.
Note: EducationCounsel had previously reported the release of the proposed rule, but it had not yet been published in the Federal Register.
November 29, 2018
DeVos: Higher education system facing ‘serious jeopardy’: USED Secretary Betsy DeVos delivered remarks at the annual Federal student Aid (FSA) Training Conference. During the conference, the Secretary highlighted the U.S. higher education system as being “the envy of the world.” However, Secretary DeVos also described the system as facing “serious jeopardy” if there are not changes made to the manner in which student aid is distributed, administered, and managed. The Secretary outlined four core principles for how the system can be improved: (1) supporting high-quality human capital; (2) unleashing innovation; (3) increasing the accessibility of information to policymakers, students, parents, and taxpayers; and, (4) understanding that “nothing is free.” A press release from the Department is here. A copy of the Secretary’s full speech is here.
November 27, 2018
DeVos warns US needs to examine effects of international education exchange programs: USED Secretary DeVos, during an interview with Fox News, warned that the United States needs to better understand the implications of international students attending colleges and universities in America. The Secretary stated, “It’s good to have international exchanges. I think it’s important for our students from America and for students from around the world, but I think we also need to do it with our eyes wide open about the potential for abuses in that regard.” The interview is here.
November 27, 2018
Consumer Financial Protection Bureau (CFPB):
Senate advances CFPB nomination, final vote expected this week: The Senate voted to advance the nomination of Kathy Kraninger to be Director of the Consumer Financial Protection Bureau (CFPB). Debate on her nomination ended with a partisan vote of 50-49. Kraninger will receive a final vote this week.
November 29, 2018
U.S. Department of Health and Human Services (HHS):
HHS Inspector General finds flaws in staff background checks, clinician availability: The Department of Health and Human Services (HHS) Inspector General issued a report regarding staff background checks at the Tornillo Influx Care Facility, which is a site responsible for admitting unaccompanied minors and operated by the Office of Refugee Resettlement (ORR). The report finds that the facility is currently contracting with a private company to conduct staff background checks, which are less comprehensive than federal background checks. Such practices heighten “the risk that an individual with a criminal history could have direct access to children in ORR care.” The report also finds that the facility does not employ a “sufficient number of staff clinicians” to provide mental health care for children in the facility. The Inspector General report is here.
Relatedly, Senate HELP Committee Ranking Member Patty Murray (D-WA), Senator Dianne Feinstein (D-CA), and Senator Ron Wyden (D-OR) issued a joint statement in response to the report. “The federal government has an obligation to ensure the safety of unaccompanied children in our care,” the statement reads in part. The full statement is here. A press release from House Oversight Committee Ranking Member Elijah Cummings (D-MD) is here.
November 27, 2018
Publications (Outside Organizations):
- On November 28, the Urban Institute released a report titled, “Segregated Neighborhoods, Segregated Schools.” The report examines how schools and neighborhoods have changed based on racial composition since Brown v. Board of Education. According to the report, schools have become increasingly more segregated, while their neighborhoods have not. 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. USED will publish a separate notice in the Federal Register to announce the location of the meeting. 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. USED will publish a separate notice in the Federal Register to announce the location of the meeting. 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. USED will publish a separate notice in the Federal Register to announce the location of the meeting. 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.
Upcoming Events (Outside Organizations):
- On December 5 at 4:00 pm, the American Enterprise Institute (AEI) is holding an event titled, “Findings from the 2018 Schooling in America Survey.” The event will discuss key findings of the survey, which gauged parents’ schooling experiences and the general public’s views on government spending, state accountability systems, testing, and school choice. The report will also include the opinions of teachers. More information and registration are here.
- On December 5 at 5:00 pm, the George Washington Graduate School of Education is holding an event titled, “Public Will, Evidence, and Action: Fulfilling the Civil Rights Legacy of the Kerner Commission.” The panel discussion will focus on how public will and evidence can be used to inspire political action to make progress. More information and registration are here.
- On December 5-7, ExcelinEd and Governor Jeb Bush (R-FL) will host the 11th annual National Summit on Educaton Reform. The summit, organized for legislators, state superintendents, policymakers, and advocates, is focused on how quality, innovation, and opportunity policies can prioritize student success. More information and registration are here.
Legislation:
H.R.7185
The “Weekends Without Hunger Act”
Sponsor: Rep. Dina Titus (D-NV)
H.R.7197
A bill to authorize the Secretary of Energy to make grants to local educational agencies for purposes of supporting renewable energy-based heating and cooling systems in schools.
Sponsor: Rep. Kathleen Rice (D-NY)
S.3686
A bill to promote minimum State requirements for the prevention and treatment of concussions caused by participation in school sports, and for other purposes.
Sponsor: Senator Dick Durbin (D-IL)