E-Update for the Week of February 4, 2019

Highlights:

• On January 31, POLITICO reported the USED Acting Inspector General, Sandra Bruce, was replaced by Philip Rosenfelt, the current deputy general counsel. Bruce had been in her role for less than two months before her departure. However, on February 1, the White House announced it was reversing the designation of Rosenfelt as Acting Inspector General. However, no new nomination for the position was named.
• On January 30, House Education and Labor Committee Chairman Bobby Scott (D-VA), Rep. Donald Norcross (D-NJ), and Senator Jack Reed (D-RI) introduced H.R.865, the “Rebuild America’s Schools Act.” The bill would create a $70 billion grant program and $30 billion tax credit bond program to improve schools in high-poverty areas; it would develop a comprehensive national database on the condition of public school facilities; and it would expand access to high-speed broadband internet.
• On January 25, the U.S. Department of Education (USED) released proposed guidance on the ESSA “supplement, not supplant” requirement for school districts. The requirement, under Title I, Part A of the law, directs that federal funds must supplement State and local sources, not supplant, or replace funds that would otherwise be made available to schools if federal funds were not available. The proposed guidance comes after the Department had withdrew its initial notice of proposed rulemaking on the requirement on July 17, 2018. According to the proposed guidance, districts – in order to demonstrate compliance with the requirement – must show that its methodology to allocate State and local funds results in every Title I school receiving all funds it would otherwise receive, if it were not receiving Title I(A) funds – a methodology the Department calls “Title I neutral.” The guidance is open for public comment for 30 days.

Congress:

Scott reintroduces Rebuild America’s Schools Act, commits to $100 billion in federal funding: House Education and Labor Committee Chairman Bobby Scott (D-VA), Rep. Donald Norcross (D-NJ), and Senator Jack Reed (D-RI) introduced H.R.865, the “Rebuild America’s Schools Act.” The bill would create a $70 billion grant program and $30 billion tax credit bond program to improve schools in high-poverty areas; it would develop a comprehensive national database on the condition of public school facilities; and it would expand access to high-speed broadband internet. The grant and tax credit bond programs are intended to serve traditional public schools, whereas the bill will only provide funding to public charter schools if the school lacks access to funding available to other public schools and the charter school owns or has care and control over the facility. According to Chairman Scott, the bill would “strengthen our communities today by employing local workers and strengthen our communities in the future by setting a strong foundation for all students to reach their potential.” A press release is here. The bill text is here.
January 30, 2019

Senate:

Murray, Senate Democrats comment on proposed Title IX rule, call for process to ‘start over’: Health, Education, Labor, and Pensions (HELP) Committee Ranking Member Patty Murray (D-WA) and 35 other Senate Democrats sent a letter regarding U.S. Department of Education (USED) Secretary Betsy DeVos’s proposed rule on Title IX regarding sexual harassment in educational institutions receiving federal funds. The letter expresses the Senators’ concern with the proposed rule and how it would “actively undermine the work of students, schools, and experts across the country to develop strong disciplinary proceedings and school processes to address the scourge of sexual harassment and assault on America’s school campuses.” Further, the Senators urge the Secretary to start the proposed rulemaking process over and “draft a rule consistent with the requirements in Title IX…” The letter is here. A press release is here.
January 30, 2019

House:

Foxx submits comment on Title IX rule, ‘applauds’ the USED proposal: House Education and Labor Committee Ranking Member Virginia Foxx (R-NC) submitted a letter in support of the USED proposed rule on Title IX as it relates to sexual harassment in educational institutions receiving federal funds. The letter reads in part, “Overall, we applaud the Department’s thoughtful proposal that puts the safety of sexual assault survivors first while creating objective and fair standards for the adjudication of complaints.” The letter is here. A press release is here.
January 30, 2019

House Education and Labor Committee announces subcommittee chairs, new subcommittee: The House Education and Labor Committee announced the chairs and ranking members of the six subcommittees. The Subcommittee on Early Childhood, Elementary, and Secondary Education will be chaired by Del. Gregorio Kilili Sablan (D-MP-at-large) and Rep. Rick Allen (R-GA) will serve as Ranking Member; the Subcommittee on Higher Education and Workforce Investment will be chaired by Rep. Susan Davis (D-CA) and Ranking Member Lloyd Smucker (R-PA); the Subcommittee on Workforce Protections will be chaired by Rep. Alma Adams (D-NC) and Ranking Member Bradley Byrne (R-AL); the Subcommittee on Health, Employment, Labor, and Pensions will be Chaired by Rep. Frederica Wilson (D-FL) and Ranking Member Tim Walberg (R-MI); and the Subcommittee on Civil Rights and Human Services will be chaired by Rep. Suzanne Bonamici (D-OR) and Ranking Member James Comer (R-KY). A press release is here.
January 29, 2019

Administration:

Nominations:

Trump higher education nominee resubmitted to Senate: The White House resubmitted the nomination of Robert King to be USED Assistant Secretary for Postsecondary Education. King was previously nominated during the 115th Congress, but the Senate did not hold a confirmation vote on his nomination. The nomination announcement is here.
January 30, 2019

U.S. Department of Education:

USED Acting Inspector General removed, White House reverses original replacement decision: On January 31, POLITICO reported the USED Acting Inspector General, Sandra Bruce, was replaced by Philip Rosenfelt, the current deputy general counsel. Bruce had been in her role for less than two months before her departure. The Department has not released details as to why Bruce was replaced. Rosenfelt, who served as acting USED Secretary during Secretary DeVos’s confirmation process, will serve as the Acting Inspector General. The full POLITICO article here.

Relatedly, on February 1, House Education and Labor Committee Chairman Bobby Scott (D-VA), Senate Health, Education, Labor, and Pensions (HELP) Committee Ranking Member Patty Murray (D-WA), and House Appropriations Subcommittee on Labor, Health and Human Services, and Education (Labor/HHS) Chairwoman Rosa DeLauro (D-CT) sent a letter to USED Secretary DeVos requesting the Secretary explain why the USED Acting Inspector General Sandra Bruce was removed from her post unexpectedly. The members of Congress requested Secretary DeVos explain who made the decision to replace Acting Inspector General Bruce, what factors justified the decision, and whether Philip Rosenfelt, the now Acting Inspector General, will serve as both Deputy General Counsel and the Acting Inspector General. The letter is here. A press release is here.

Further, on February 1, the White House announced it had reversed the decision to appoint Rosenfelt to the position of Acting Inspector General for USED. According to USED spokesperson Liz Hill, “After the designation of the acting [Inspector General] was made, the matter came to the attention of new personnel in the White House. After they reevaluated the situation, the decision was made, in an abundance of caution, to rescind the designation.” No new nominee for the role has been announced.
January 31 through February 1, 2019

DeVos on college accreditation, ‘too costly’: USED Secretary DeVos provided remarks to the Council for Christian Colleges and Universities. During her remarks, the Secretary claimed that college accreditation is becoming “too costly” and it “tends to favor the status quo” while stifling competition. The Secretary explained the Department is attempting to restore “balance” between accreditors and the federal government through the negotiated rulemaking committee that is current working on a variety of higher education rules.
January 30, 2019

DeVos to School Boards Association, school safety commission report ‘guide’ not ‘mandate’: Secretary DeVos provided remarks to the National School Boards Association. During her remarks, the Secretary described the recently released School Safety Commission Report as “not a mandate.” Instead, the Secretary urged the audience to consider the report as a guide for how to address school safety within their schools and districts. Further, the Secretary urged school board leaders to take advantage of the flexibilities included in the Every Student Succeeds Act (ESSA) and to address the unique needs of their students. The Secretary’s full remarks are here.
January 28, 2019

USED releases supplement, not supplant guidance: The U.S. Department of Education (USED) released proposed guidance on the ESSA “supplement, not supplant” requirement for school districts. The requirement, under Title I, Part A (Title I(A)) of the law, directs that federal funds must supplement State and local sources, not supplant, or replace funds that would otherwise be made available to schools if federal funds were not available. The proposed guidance comes after the Department had withdrew its initial notice of proposed rulemaking on the requirement on July 17, 2018.  According to the proposed guidance, districts – in order to demonstrate compliance with the requirement – must show that its methodology to allocate State and local funds results in every Title I school receiving all funds it would otherwise receive, if it were not receiving Title I(A) funds. The Department refers to this as a “Title I neutral” methodology, as districts should consider how schools are receiving funds regardless of Title I status. The proposed guidance states that the methodology should demonstrate that a district “did not reduce State and local funds made available to a Title I school because such a school is also receiving Title I, Part A funds.” The proposed guidance is considered non-regulatory guidance. The proposed guidance includes a series of methodology examples, as well as a FAQ for districts. The proposed guidance is open for public comment for 30 days. The proposed guidance is here. Comments can be submitted by emailing oese.feedback@ed.gov.
January 25, 2019

Publications (Congressional and Administration):

• On January 31, the Government Accountability Office (GAO) released a report titled, “Challenges to Assessing Program Performance and Recent Efforts to Address Them.” The report analyzed USED processes for evaluating the effectiveness and impact of grant programs intended to improve outcomes in K-12 schools. Key findings of the report include identifying challenges the Department faces in regards to oversight of grants, data quality insurances, capacity of Department staff to evaluate programs, and issues arising from study design. The report recommends the Department establish and implement written review procedures for grant files; evaluate the accuracy of data submitted to them from state grantees; hire additional staff to assist with challenges related to capacity; and develop a plan to address the methodological limitations involved in assessing program performance. The full report is here.
• On January 29, the National Center for Education Statistics (NCES) released a report titled, “Cyberbullying and Cell Phone Policy in U.S. Primary and Secondary Schools.” The report analyzed data from the School Survey on Crime and Safety (SSOCS). Key findings of the report include identifying that the prevalence of cyberbullying reported daily/weekly increased to 12 percent in 2016; that 65.8 percent of schools prohibited the use of cell phones; and that there was a greater prevalence of cyberbullying in schools that prohibited cell phone use (16.4 percent) compared to schools that allowed cell phones (9.7 percent). The full report is here.

Publications (Outside Organizations):

• On February 1, ChildTrends released a report titled, “Using Policy to Create Healthy Schools: Resources to Support Policymakers and Advocates.” The report analyzes state policies that are intended to address the growing need for greater social emotional support and development in schools, particularly the policies’ alignment with the Whole School, Whole Community, Whole Child (WSCC) model of healthy schools. Key findings of the report include identifying three common themes across the policies evaluated: there is substantial room for improvement in the area of school nutrition and access to healthy food throughout the school day; there are relatively few state statutes and regulations related to employee wellness; and there is a need for trauma-informed practices and policies. The full report is here.
• On January 30, Chiefs for Change published a report titled, “Let’s Get to Work: Learning From Success in Career and Technical Education.” The report provides recommendations to states and districts as to how they can improve their career and technical education (CTE) programs in order to be more competitive compared to international competitors. Key recommendations of the report include improving the quality of CTE pathways and courses by engaging directly with the business and industry sectors; expanding work-based learning opportunities by including more internships and apprenticeships; showing leadership and improving coordination of all stakeholders; defining career readiness in the local context; expanding and improving support for students and families by improving the capacity of school counselors and career advisors; and building a seamless transition into postsecondary education and career training for CTE students. The full report is here.
• On January 28, Third Way published a report titled, “Ripple Effect: The Cost of the College Dropout Rate.” The report examines average completion rates for four- and two-year colleges and universities in the United States and determines an economic impact of the dropout rate. Key findings of the report include identifying that if there was a graduation rate of 84 percent, employment would increase by 107,400 jobs; that wages would increase by $4,849 for two-year degree holders; and that the number of those facing poverty would decrease by 48,000. The full report is here.
• On January 28, the American Institutes of Research (AIR) published a report titled, “National Survey of Postsecondary Competency-Based Education.” The report compiles data gathered from the national survey of postsecondary institutions regarding the use and perception of competency-based education programs, which are “learner-centered programs” designed to teach students particular content or skills (“competencies”) and advance students through coursework based on achievement of the competencies rather than credit hours or grades. Key findings of the report include identifying that most institutions see competency based education as a way to serve nontraditional students and improve workforce readiness; that most institutions currently serve a small number of students; and that most institutions are optimistic about the future of competency-based education. The full report is here.

Upcoming Events (Congressional & Administration):

• On February 6 at 10:00 am, the Senate HELP Committee will hold a hearing on the nomination of Robert King to be USED Assistant Secretary for Postsecondary Education. More information and a webcast of the hearing are here.

Upcoming Events (Outside Organizations):

• On February 4 at 2:30 pm, the American Enterprise Institute (AEI) is holding an event titled, “An agenda for higher education.” The panel discussion will feature Senate HELP Committee Chairman Lamar Alexander (R-TN) who will provide the keynote remarks on the HELP Committee’s agenda for reforming the Higher Education Act. The panel discussion to follow will focus on the proposal and expert insights. More information and registration are here.
• On February 5 at 3:00 pm, the Learning Policy Institute and the National Urban League are hosting a webinar titled, “Using School Climate Data to Meet Student Needs.” During the webinar, panelists will share resources designed to support state and district leaders, teachers, principals, advocates, and parents as they use available data to create positive and inclusive learning environments. More information and registration are here.
• On February 6 at 2:00 pm, the Alliance for Equity in Higher Education will hold an event titled, “The Centrality of AANAPISIs, HBCUs, HSIs, and TCUs to American Progress: The Case for Extending HEA’s Strengthening Institutions Program.” The event will feature Lezli Baskerville, president and CEO of the National Association for Equal Opportunity in Education and Chair of the Alliance for Equity in Higher Education. More information and registration are here.
• On February 6 at 4:00 pm, the American Enterprise Institute (AEI) will hold an event titled, “Going upstream: Closing the achievement gap before it starts.” The event will examine the impact of early childhood programs and evaluate the impact of Public Prep’s newly launched initiative to provide school-readiness-focused home visiting to students’ younger siblings from 18 months on. More information and registration are here.
• On February 7 at 8:00 am, Inside Higher Ed will host an event titled, “Higher Ed in the New Congress.” The event will consider key issues that colleges will face in the new Congress, the likely agendas of key lawmakers, and strategies that colleges can use. More information and registration are here.
• On February 7 at 2:00 pm, the American Enterprise Institute will hold an event titled, “A vision for the future of higher education: A conversation with Harvard University President Larry Bacow.” The event will feature President Bacow as he discusses the future of higher education in America, including the need for universities to innovate and change as technology, student needs, and public budgets evolve and change. More information and registration are here.

Legislation:

H.R.804
A bill to amend the Elementary and Secondary Education Act of 1965 to award grants to eligible entities to establish, expand, or support school-based mentoring programs to assist at-risk middle school students with the transition from middle school to high school.
Sponsor: Rep. Andre Carson (D-IN)

H.R.811
A bill to amend the Higher Education Act of 1965 to require the disclosure of the annual percentage rates applicable to Federal student loans.
Sponsor: Rep. John Curtis (R-UT)

H.R.832
A bill to amend the Richard B. Russell National School Lunch Act to allow schools that participate in the school lunch program under such Act to serve whole milk.
Sponsor: Rep. Glenn Thompson (R-PA)

H.R.841
A bill to establish the People-Centered Assistance Reform Effort Commission, to improve the social safety net and increase social mobility by increasing access to resources which address the underlying causes of poverty.
Sponsor: Rep. Warren Davidson (R-OH)

H.R.849
A bill to amend the Elementary and Secondary Education Act of 1965 to increase civics education programs, and for other purposes.
Sponsor: Rep. Alcee Hastings (D-FL)

H.R.865
A bill to provide for the long-term improvement of public school facilities, and for other purposes.
Sponsor: Rep. Bobby Scott (D-VA)

H.R.899
A bill to terminate the Department of Education.
Sponsor: Rep. Thomas Massie (R-KY)

H.R.916
A bill to amend the Omnibus Crime Control and Safe Streets Act of 1968 to require a certain percentage of COPS grant funds to be used for the salaries and benefits of school resource officers, and for other purposes.
Sponsor: Rep. Paul Mitchell (R-MI)

H.R.943
A bill to authorize the Secretary of Education to award grants to eligible entities to carry out educational programs about the Holocaust, and for other purposes.
Sponsor: Rep. Carolyn Maloney (D-NY)

S.234
A bill to amend the Higher Education Act of 1965 to require the disclosure of the annual percentage rates applicable to Federal student loans.
Sponsor: Senator Michael Enzi (R-WY)

S.235
A bill to authorize the Secretary of Education to award grants to establish teacher leader development programs.
Sponsor: Senator Chris Coons (D-DE)

S.303
A bill to reform the GEAR UP program.
Sponsor: Senator John Cornyn (R-TX)

S.313
A bill to amend the American History and Civics Education program under the Elementary and Secondary Education Act of 1965 to require inclusion of programs that educate students about the history and principles of the Constitution of the United States, including the Bill of Rights.
Sponsor: Senator James Inhofe (R-OK)