E-Update for the Week of December 7, 2020

Highlights:

• On December 4, U.S. Department of Education (USED) Secretary Betsy DeVos announced that the current forbearance period for federal student loans will be extended through January 31, 2021. The forbearance period was previously set to expire on December 31, 2020. According to the Department, borrowers will also benefit from a 0 percent interest rate on their loans.
• On December 3, the House Democratic Caucus elected Rep. Rosa DeLauro (D-CT) as the Chairwoman-elect of the full House Appropriations Committee. The Congresswoman currently serves as the Chairwoman of the House Labor, Health and Human Services, and Education (Labor/HHS) Appropriations Subcommittee and is expected to continue in this role too in the 117th Congress.
• On December 1, a bipartisan group of Senators released a framework for a next round of coronavirus relief funding. The $908 billion framework includes $82 billion for education, $4 billion for student loans, $10 billion for child care, $10 billion for broadband, and $160 billion for state and local governments. The framework has been endorsed – as a “basis” for negotiations and for future relief packages – by Speaker of the House Nancy Pelosi (D-CA), Senate Minority Leader Chuck Schumer (D-NY), and President-elect Joe Biden.

Presidential and Congressional Transition:

Presidential:

Biden selects Brian Deese, former OMB Deputy, to lead National Economic Council: President-elect Joe Biden announced his intent to appoint Brian Deese as the Director of the National Economic Council (NEC). Deese previously served as Deputy Director of the NEC and Deputy Director of the Office of Management and Budget (OMB) during the Obama Administration. “[Brian is] a trusted voice I can count on to help us end the ongoing economic crisis, build a better economy that deals everybody in, and take on the existential threat of climate change in a way that creates good-paying American jobs,” stated the president-elect. A press release is here.

December 3, 2020

Harris appoints Tina Flournoy as Chief of Staff: Vice President-elect Kamala Harris announced her intent to appoint Tina Flournoy as her Chief of Staff and Rohini Kosoglu as her Domestic Policy Advisor. Flournoy previously served as former President Bill Clinton’s Chief of Staff and served as Assistant to the President for Public Policy with the American Federation of Teachers (AFT). Kosoglu previously served as a Senior Advisor on the Biden-Harris Campaign and as Vice President-elect Harris’s Chief of Staff in her Senate office. A press release is here.

December 3, 2020

Yellen selected as Treasury Secretary, Tanden to lead OMB: President-elect Biden announced his intent to nominate key members of his Cabinet including Janet Yellen as Secretary of the U.S. Treasury Department and Neera Tanden as Director of the Office of Management and Budget (OMB). Yellen previously served as Chair of the Federal Reserve and, if confirmed, would be the first woman to serve as Treasury Secretary. Tanden is currently President of the Center for American Progress (CAP) and, if confirmed, would be the first woman of color to lead OMB. “As we get to work to control the virus, this is the team that will deliver immediate economic relief for the American people during this economic crisis and help us build our economy back better than ever,” stated President-elect Biden. A press release is here.

November 30, 2020

Congressional:

House:

DeLauro to lead full House Appropriations Committee, Labor/HHS Subcommittee: The House Democratic Caucus elected Rep. Rosa DeLauro (D-CT) as the Chairwoman-elect of the full House Appropriations Committee. Chairwoman-elect DeLauro was recommended by the House Democrats’ Steering and Policy Committee for the leadership role. The Congresswoman currently serves as the Chairwoman of the House Labor, Health and Human Services, and Education (Labor/HHS) Appropriations Subcommittee and is expected to continue in this role too in the 117th Congress. “We are in the middle of a health and economic crisis that must be addressed, communities of color face systemic racism, and we welcome a President with a mandate for change, yet we may still face gridlock. As House Appropriations Chair, I am prepared to deliver the boldest progress possible for… families across the country in the next Congress,” she stated. Chairwoman-elect DeLauro’s full statement is here. A Roll Call article is here.

December 3, 2020

Scott, Foxx to retain leadership of House Education and Labor Committee: The House Democratic Caucus re-elected current House Education and Labor Committee Chairman Bobby Scott (D-VA) as the Chairman of the Committee for the 117th Congress. “Our nation is enduring unprecedented challenges, with widening educational achievement gaps, a deep economic recession, and a devastating public health crisis. In my continued role as chairman, I will prioritize creating equity in education, putting America’s workers first, and expanding access to quality, affordable health care,” stated the Chairman in response to the re-election. The full statement is here. A full list of House Committee chairs is here.

Relatedly, the House Republican Caucus re-elected current House Education and Labor Committee Ranking Member Virginia Foxx (R-NC) as the top Republican on the Committee for the 117th Congress. “In the 117th Congress I will continue working for and striving to create a better future for the American people. This includes looking at opportunities to strengthen our workforce development system. For men and women trying to succeed in the workforce, having the right knowledge, skills, and experience has never been more important,” she stated in a release after the vote. The full statement is here.

December 3, 2020

Coronavirus Updates (as related to education):

Congress:

Bipartisan framework jumpstarts renewed talks on next pandemic relief funding: A bipartisan group of Senators released a framework for a next round of coronavirus relief funding. The $908 billion framework – announced by the House Problems Solvers Caucus and Senators Joe Manchin (D-WV), Mitt Romney (R-UT), Susan Collins (R-ME), Bill Cassidy (R-LA), Lisa Murkowski (R-AK), Mark Warner (D-VA), Jeanne Shaheen (D-NH), Angus King (I-ME), and Maggie Hassan (D-NH) – includes $82 billion for education, $4 billion for student loans, $10 billion for child care, $10 billion for broadband, and $160 billion for state and local governments. The framework release did not include specific bill text. A press release from the Problem Solvers Caucus is here. The framework for the bipartisan proposal is here.

Relatedly, Speaker of the House Nancy Pelosi (D-CA) and Senate Minority Leader Chuck Schumer (D-NY) issued a statement in support of the framework for the bipartisan coronavirus relief proposal. “In the spirit of compromise we believe the bipartisan framework introduced by Senators yesterday should be used as the basis for immediate bipartisan, bicameral negotiations,” stated the congressional Democratic leaders. However, Senate Majority Leader Mitch McConnell (R-KY) has not endorsed the framework and has recently circulated an updated version of the previous Republican targeted coronavirus relief proposal. President-elect Joe Biden did endorse the bipartisan proposal noting that it “wouldn’t be the answer.” Instead, the president-elect expressed that this framework would be more of a “down payment” on a more comprehensive bill he would likely propose once he assumes office. A statement by Speaker Pelosi and Minority Leader Schumer is here.

December 1 & 2, 2020

Administration:

U.S. Department of Education (USED):

DeVos extends federal student loan relief until end of January: U.S. Department of Education (USED) Secretary Betsy DeVos announced that the current forbearance period for federal student loans will be extended through January 31, 2021. The forbearance period was previously set to expire on December 31, 2020. According to the Department, borrowers will also benefit from a 0 percent interest rate on their loans. “The coronavirus pandemic has presented challenges for many students and borrowers, and this temporary pause in payments will help those who have been impacted. The added time also allows Congress to do its job and determine what measures it believes are necessary and appropriate,” stated USED Secretary DeVos. A press release is here.

Previously, Senate HELP Committee Ranking Member Patty Murray (D-WA) released a statement urging President Donald Trump to follow through with his promise to extend the pause on student loan payments. In August, President Trump used executive action to extend student loan relief passed in the Coronavirus Aid, Relief, and Economic Security (CARES) Act until December 31. In his announcement of the executive order, President Trump stated that he would likely “extend it further than that, most likely right after December 1st.” In her statement, Ranking Member Murray asked the President to “act quickly” to extend the relief, which will “ensure payments for student loan borrowers won’t restart on January 1 in the midst of a surging pandemic.” A press release is here.

December 2 & 4, 2020

NAEP cancelled for 2021 amid ongoing administration challenges: USED Secretary DeVos announced, in consultation with the National Center for Education Statistics (NCES), the 2021 administration of the National Assessment on Educational Progress (NAEP) has been canceled. According to the Department, administration of NAEP is not being conducted because too many students are participating in remote instruction or are attending schools that have limited outside visitors. Administration of the NAEP requires NCES staff to proctor the exam, unlike statewide summative assessments which can be proctored by teachers and school staff. “While the data would have been helpful, the much more valuable and actionable measures of learning loss will be the annual assessments required of states by the Every Student Succeeds Act,” stated Secretary DeVos. The announcement from NCES is here. A letter from Secretary DeVos to Speaker of the House Nancy Pelosi (D-CA) is here.

Relatedly, House Education and Labor Committee Chairman Bobby Scott (D-VA) and Senate Health, Education, Labor, and Pensions (HELP) Committee Ranking Member Patty Murray (D-WA) issued a joint statement after USED announced its decision to postpone the 2021 administration of the NAEP. In their statement, Chairman Scott and Ranking Member Murray called the Department’s decision “unfortunate… [but] understandable,” and said that the NAEP’s postponement makes the 2021 administration of statewide assessments a “moral imperative.” Chairman Scott and Ranking Member Murray urged the Department to work with states to “allow for flexibilities that are consistent with the Elementary and Secondary Education Act [ESEA] to maximize student participation.” The statement by Chairman Scott and Ranking Member Murray is here.

November 25, 2020

Federal Communications Commission (FCC):

FCC remains unconvinced E-Rate program can support remote learning: The Federal Communications Commission (FCC) ruled that the federal E-Rate program cannot be used to help fund internet access for students participating in remote instruction for fiscal year (FY) 2021. The FCC notes that according to current law, the E-Rate program can only be used to “enhance… access to advanced telecommunications and information services for… school classrooms.” Further, the FCC notes that off-campus use of eligible services, “even if used for an educational purpose” are not eligible for support by the E-Rate program. The order from the FCC is here.

November 30, 2020

Non-Coronavirus Updates:

Congress:

House:

Scott, Maloney call for Department to restore online borrower defense claim tool: House Education and Labor Committee Chairman Bobby Scott (D-VA) and House Oversight and Reform Committee Chairwoman Carolyn Maloney (D-NY) released a joint statement after USED suspended a new web tool designed to help defrauded students apply for loan forgiveness. According to POLITICO, the Department did not obtain the required approval from the Office of Management and Budget (OMB) to take down the tool. In their statement, Chairman Scott and Chairwoman Maloney called on the Department to “immediately put the tool back online and stop its continued and repeated efforts to undermine the Borrower Defense program.” A press release is here.

November 23, 2020

Administration:

U.S. Department of Education (USED):

USED updates College Scorecard, now includes earnings, student loan debt data: USED Secretary DeVos announced a “revamped” College Scorecard that aims to help students make informed choices about higher education. Students can now compare average earnings of graduates two years after their graduation based on field of study and how much federal student loan debt they can expect to incur, including new information on Parent PLUS loans, based on where they decide to attend school. According to the Department, the new College Scorecard makes it “easier to search for different fields of study and to compare those fields side by side, whether they are within one institution or across several institutions.” A press release is here.

December 2, 2020

Upcoming Events (Outside Organizations):

• On December 8 at 1:00 pm, the Afterschool Alliance will hold an event titled, “America After 3PM: Demand Grows, Opportunity Shrinks.” The webinar will discuss how children and youth (pre-pandemic) were spending their time afterschool and how afterschool programs can be leveraged to support meaningful engagement and extended learning. Additionally, the webinar will discuss trends in access to afterschool opportunities and the inequities that persist. More information and registration are here.
• On December 8 at 2:00 pm, the Bipartisan Policy Center (BPC) will hold an event titled, “A Blueprint to Restore Economic Security for Working Families: Children and Families.” The webinar will discuss the importance of a positive early childhood experience and how working families must have the flexibility to balance professional and family obligations in order to support this experience. More information and registration are here.
• On December 10 at 11:00 am, the Alliance for Excellent Education will hold an event titled, “When Equity Is Optional: ESSA’s Fifth Anniversary and Early Lessons from Implementation.” The webinar will focus on a series of analyses conducted by the Alliance that find that states have used ESSA’s flexibility to take “wildly varied approaches to school ratings and school improvement.” The webinar will also discuss the impacts of this variation on students, particularly students who attend low-performing schools. More information and registration are here.
• On December 15 at 1:00 pm, the Education Trust will hold an event titled, “School Funding Policy in Challenging Times: Tools for Advocates and Policymakers.” The online workshop will examine the importance of school funding choices in light of the impacts from the pandemic and will focus on three main topics: state funding cuts; per-pupil expenditures; and state funding formulas. More information and registration are here.

• On December 15 at 1:30 pm, the Brookings Institute will hold an event titled, “School choice in a time of transition.” The webinar will discuss the impacts of the COVID-19 pandemic on traditional public, charter, and private schools for the years ahead and what these impacts may mean for the broader school choice reform effort. More information and registration are here.
• On December 15 at 4:30 pm EST, the Science of Learning and Development (SoLD) Alliance and the National Urban League (NUL) will hold an event titled, “Who Gets to Thrive? The Science of Learning and Development as a Tool for Anti-Racism.” This webinar is part three of a series and is focused on how can lessons from the science of learning and development help define the next education policy agenda to be actively anti-racist? More information and registration are here. For insights of the previous discussions or if there are questions, please email Samantha Kobbah at kobbah@educationcounsel.com.

Publications (Congressional and Administrative):

• On December 3, the National Center for Education Statistics (NCES) published a report titled, “Teacher Performance Evaluations in U.S. Public Schools.” The report summarizes a review of teacher performance evaluations from the 2016-2017 school year and how results of the evaluations were used to inform decisions about teachers in the 2017-2018 school year. Key findings of the report include identifying that both traditional public and public charter schools reported using more than one source of information to evaluate teacher performance; that almost all traditional public (98 percent) and all public charter schools (94 percent) used classroom observations in evaluating teachers; that student and parent surveys were used more often in public charter schools (45 percent and 32 percent, respectively) compared to their use in traditional public schools (40 percent and 26 percent, respectively); and that for decisions regarding annual salary increases, public charter schools used principals in making those decisions more often than traditional public schools (32 percent and 6 percent, respectively). The full report is here.
• On December 1, the National Center for Education Statistics (NCES) published a report titled, “Dual or Concurrent Enrollment in Public Schools in the United States.” The report summarizes enrollment trends for the 2017-2018 school year, how such programs were funded, and how programs compared across different school characteristics. Key findings of the report include identifying that 82 percent of public schools offered dual or concurrent enrollment opportunities; that funding for programs were provided most often by the school, district, or state (78 percent) or families and students (42 percent); that rural schools offered dual enrollment programs more often than schools located in other communities (90 percent and 73 to 80 percent, respectively); and that schools with higher percentages of students who qualified for free or reduced lunch were less likely to offer dual enrollment or concurrent programs (71 percent compared to 84-93 percent). The full report is here.

Publications (Outside Organizations):

• On November 30, the National Association of School Psychologists (NASP) and the National Center for Learning Disabilities (NCLD) published a report titled “Navigating Special Education Evaluations for SLD Amid the COVID-19 Pandemic.” The brief provides recommendations to adapt state policies on evaluations for students with learning disabilities in light of the pandemic, with a goal of ensuring that students get timely and thorough evaluations to develop educational programs that meet their needs. Key recommendations for states and local education agencies (LEAs) include issuing FAQs or guidance to help districts prioritize evaluations and ensure timely completion, and developing guidelines to effectively assess the exclusionary criteria. The full report is here.
• On December 2, the Century Foundation published a report titled, “Here Is What School Integration in America Looks Like Today.” The report summarizes a review of public school districts – both traditional and charter – to identify which considered race or socioeconomic status in their admissions practices, which are subject to a legal desegregation order, and which have entered into a voluntary desegregation agreement. Key findings of the report include identifying that nearly 200 districts are taking active steps to integrate their schools; that 185 districts consider race or socioeconomic status in their student assignment or admissions policies; and that between 2017 and 2020, 17 traditional school districts and 28 charter schools added new integration policies. The full report is here.
• On December 30, NWEA published a report titled, “Learning during COVID-19: Initial findings on students’ reading and math achievement and growth.” The report summarizes a study of student achievement based on Fall 2020 interim assessments and compares those levels to achievement in Fall 2019. Key findings of the report include identifying that reading achievement levels for students in grades 3-8 were similar to those in Fall 2019; that math achievement levels for students in grades 3-8 were 5-10 percentile points lower compared to Fall 2019; and that a significant portion of testable students, which are likely students from marginalized backgrounds and identities, were not tested in Fall 2020 compared to Fall 2019. The full report is here.
• On November 20, Third Way published a report titled “Why Rich Colleges Get Richer & Poor Colleges Get Poorer: The Case for Equity-Based Funding in Higher Education.” The report explores the possibility of equity-based funding in higher education, where colleges serving the nation’s lowest-income students and students of color would have the most (or at least equal) resources compared to wealthier colleges serving fewer low-income students. Key findings include identifying that recent enrollment declines are happening not among selective institutions but actually in the broad-access sector, where the majority of low-income students and students of color are enrolled. Additionally, the report finds that more often than not, selective colleges exacerbate racial and economic gaps in enrollment, rather than serving as “beacons of mobility” for low-income students. The full report is here.

Legislation:

H.R.8835

A bill to amend the Higher Education Act of 1965 to provide for a relocation and retention student loan repayment program, and for other purposes.

Sponsor: Rep. Abby Finkenauer (D-IA)

H.R.8869

A bill to create a Council on Emergency Response Protocols to ensure the establishment of accessible, developmentally appropriate, culturally aware, and trauma-informed emergency response protocols in public schools, early childcare and education settings, and institutions of higher education, and for other purposes.

Sponsor: Rep. Susan Wild (D-PA)

S.4924

A bill to prohibit and prevent seclusion, mechanical restraint, chemical restraint, and dangerous restraints that restrict breathing, and to prevent and reduce the use of physical restraint in schools, and for other purposes.

Sponsor: Senator Chris Murphy (D-CT)

S.4928

A bill to authorize the Secretary of Education to make grants to support educational programs in civics and history, and for other purposes.

Sponsor: Senator Chris Coons (D-DE)

S.4930

A bill to amend the Elementary and Secondary Education Act of 1965 to improve mental health services for students, and for other purposes.

Sponsor: Senator John Kennedy (R-LA)

S.4936

A bill to prohibit the use of corporal punishment in schools, and for other purposes.

Sponsor: Senator Chris Murphy (D-CT)

S.4956

A bill to create a Council on Emergency Response Protocols to ensure the establishment of accessible, developmentally appropriate, culturally aware, and trauma-informed emergency response protocols in public schools, early childcare and education settings, and institutions of higher education, and for other purposes.

Sponsor: Senator Bob Casey (D-PA)