E-Update for the Week of February 7, 2022

Highlights:

• On February 4, the House passed by a vote of 220-210 the America Competes Act of 2022 (H.R. 4521), which aims to boost the nation’s economic competitiveness.
• On February 2, U.S. Department of Education (USED) Secretary Miguel Cardona spoke at the Department’s 2022 Advancing Equity in Career-Connected Education Summit. In his remarks, he highlighted the Biden Administration’s expansion of Second Chance Pell, and announced that next year, he hopes to expand eligibility to all incarcerated students enrolled in prison education programs.
• On February 1, the Senate Health, Education, Labor and Pensions (HELP) Committee held a hearing titled, “Mental Health and Substance Use Disorders: Responding to the Growing Crisis,” during which Chairwoman Patty Murray (D-WA) expressed concern over the sharp increase in mental illness since the beginning of the pandemic, including among children.

Bipartisan Infrastructure Law:

Administration:

White House:

White House releases Bipartisan Infrastructure Law guidebook: The White House released the first edition of its Bipartisan Infrastructure Law guidebook to help state, local, Tribal and territorial governments access and implement the infrastructure funding included in the Act. The guidebook provides comprehensive information on program level funding included in the Bipartisan Infrastructure Law, including resources appropriated in the broadband programs. The administration noted that future phases of the guidebook will include updated dates, key timelines for program implementation, best practices, case studies, and links to key resources.
January 31, 2022

Coronavirus Updates (as related to education):

Congress:

Senator Murray calls for bipartisan investment in mental health services: The Senate Health, Education, Labor and Pensions (HELP) Committee held a hearing titled, “Mental Health and Substance Use Disorders: Responding to the Growing Crisis,” during which Chairwoman Patty Murray (D-WA) expressed concern over the sharp increase in mental illness since the beginning of the pandemic, including among children. In her testimony, Chairwoman Murray referenced the recent uptick in kids’ visits to the emergency room for mental health crises, thoughts of suicide, and suicide attempts. “Our schools, teachers, and education leaders are seeing this every day,” she said. “Our educators are on the front lines trying to help so many students experiencing mental health challenges, often without the support of trained mental health professionals.” To respond to the crisis, Chairwoman Murray called for a significant bipartisan spending package “to reauthorize, improve, and expand critical federal programs that address mental health and substance use disorder challenges.”
February 1, 2022

House:

House Republicans ask for briefing on how CDC guidelines’ impact children’s health: House Oversight and Reform Committee Ranking Member James Comer (R-KY) led a letter signed by several Republican lawmakers to U.S. Centers for Disease Control and Prevention (CDC) Director Rochelle Walensky asking for a briefing on how the agency’s COVID-19 guidelines have “caused harm” to children’s social, emotional, and educational development. In the letter, the Members argue that the CDC has “refused to follow the science” in its efforts to “blindly…prevent infection at all costs,” resulting in guidelines that have “failed to factor in – let alone prioritize – children’s social, emotional, and educational development.” The Members request a briefing from Director Walensky no later than February 7.
January 31, 2022

Non-Coronavirus Updates:

Administration:

U.S. Department of Education (USED):

USED Secretary Miguel Cardona speaks at CTE conference: U.S. Department of Education (USED) Secretary Miguel Cardona spoke at the Department’s 2022 Advancing Equity in Career-Connected Education Summit, a virtual conference for career and technical education professionals. During his opening remarks, Secretary Cardona highlighted the Biden Administration’s expansion of Second Chance Pell, and announced that next year, he hopes to expand eligibility to all incarcerated students enrolled in prison education programs, according to Politico. The article also noted that the Secretary pledged to support an expansion of work-based learning opportunities and apprenticeships, particularly those that prepare students for high-skill, high-wage jobs. Additionally, Politico highlighted that Secretary Cardona promised to “keep fighting to make community college free,” but he didn’t offer specifics on a strategy.
February 2, 2022

IES Director Mark Schneider unveils new “equity” SEER principle: Institute of Education Science (IES) Director Mark Schneider published a blog outlining the key points from his opening remarks at IES’ annual Principal Investigators Meeting held January 25 to 27. Director Schneider’s remarks were primarily focused on the Standards for Excellence in Education Research (SEER), including some of the steps IES took to promote SEER in 2021 and laying out a few of the developments IES anticipates making in 2022. Director Schneider also unveiled ongoing IES work on a new, ninth principle for SEER focused on equity. The working language calls for researchers to “address inequities in societal resources and outcomes.” He went on to note that, “As with other SEER components, we will begin with a high-level statement of principle and then work to operationalize that principle with standards to guide the work we support. The creation of these standards is often a lengthy process but is required to shape rigorous education research that is transparent, actionable, and focused on outcomes with the potential to dramatically improve learner success across the lifespan.”
February 2, 2022

U.S. Department of Agriculture (USDA):

USDA announces stricter nutrition rules for school meals: he U.S. Department of Agriculture (USDA) published a notice in the Federal Register introducing stricter nutrition standards for school meals. The notice requests comments for a final rule related to “Child Nutrition Programs: Transitional Standards for Milk, Whole Grains, and Sodium,” which aims to help schools slowly return to meeting basic nutrition rules over the next two school years. According to the notice, the so-called “bridge” rule will “provide immediate relief to schools during the return to traditional school meal service following extended use of COVID-19 meal pattern flexibilities.” Additional details on specific standards for milk, whole grains, and sodium in school meals are in the notice. Comments will be accepted until on or about March 22. A press release from House Education and Labor Committee Chairman Bobby Scott (D-VA) is here.
February 3, 2022

Congress:

Burr and Foxx ask USED for clarity on interpretation of Title IX: Senate Health, Education, Labor and Pensions (HELP) Ranking Member Richard Burr (R-NC) and House Education and Labor Committee Ranking Member Virginia Foxx (R-NC) wrote a letter to USED Secretary Miguel Cardona requesting that the Department clarify the requirements of Title IX of the Education Amendments of 1972 (Title IX) and the Family Educational Rights and Privacy Act (FERPA). The Members reference the Department’s previous Notice of Interpretation, which detailed the Department’s understanding of Title IX to include protections from discrimination on the basis of sexual orientation and gender identity. Specifically, the Members request answers to several questions, including, but not limited to, “Does the Department’s interpretation of Title IX require school districts to conceal from a minor child’s parents information about that child’s interest in a gender transition? If the answer to that question is fact-specific, under what circumstances does Title IX permit a school district to discuss a minor child’s interest in a gender transition with that child’s parents?” The letter is here.
February 3, 2022

Bicameral education committee leaders request DOJ update on recent HBCU bomb threats: Senate HELP Committee Chairwoman Patty Murray (D-WA) and Ranking Member Richard Burr (R-NC) joined House Education and Labor Committee Chairman Bobby Scott (D-VA) and Ranking Member Virginia Foxx (R-NC) in a letter to Attorney General Merrick Garland asking for more information on the U.S. Department of Justice’s (DOJ) response to multiple bomb threats and violence against Historically Black Colleges and Universities (HBCUs) since January. In their letter, the Members ask DOJ to give briefings for interested congressional offices on the Department’s efforts to investigate and respond to the threats. The letter is here, and a statement from Chairman Scott is here.
February 2, 2022

House:

House passes America Competes Act of 2022, includes higher ed provisions: The House passed by a vote of 220-210 the America Competes Act of 2022 (H.R. 4521), which aims to boost the nation’s economic competitiveness. The bill passed on nearly party lines with only Democratic Representative Stephanie Murphy (D-FL) opposing the bill and only Republican Representative Adam Kinzinger (R-IL) supporting the bill. Prior to passage, the House adopted an amendment introduced by Representatives Andy Levin (D-MI), Anthony Gonzalez (R-OH), and Raja Krishnamoorthi (D-IL) to authorize the use of Pell Grants for short-term programs and create a postsecondary student-level data network within the National Center for Education Statistics (NCES). The amendment, which was largely modeled after the College Transparency Act and the JOBS Act, passed by a bipartisan vote of 238 to 193 with the support of 24 Republicans. House Education and Labor Committee Ranking Member Virginia Foxx (R-NC) opposed the amendment, calling it a “Trojan horse for violating privacy rights of students through colleges and universities.” The legislation will now move to conference to be reconciled with the U.S. Innovation and Competition Act (USICA), which passed the Senate last year by a bipartisan vote of 68-32. A final conference report package will need bipartisan support in order to pass the Senate. A press release from Representative Foxx is here. Text of the Levin/Gonzalez/Krishnamoorthi amendment is here.
February 4, 2022

Hoyer provides update on February work period agenda: House Majority Leader Steny Hoyer (D-MD) sent a Dear Colleague letter outlining House Democrats’ priorities for the upcoming February work period. In the letter, Majority Leader Hoyer pledged that the House would take action before February 18 to prevent a government shutdown, telling Members to be prepared for potential schedule changes as the deadline to fund the federal government approaches.  Majority Leader Hoyer also said that the House would “continue to encourage action” around Build Back Better as negotiations continue.
January 28, 2022

Upcoming Events (Congress & Administration):

• On February 8 at 10:00 am, the Senate Finance Committee will hold a hearing titled, “Protecting Youth Mental Health: Part I – An Advisory and Call to Action.” Witnesses include U.S. Surgeon General Vivek Murthy. The hearing will be livestreamed here.
• On February 9 (time TBD), the Senate Health, Education, Labor and Pensions (HELP) Committee will hold an executive session meeting to consider the nomination of Glenna Wright-Gallo to be Assistant Secretary for Special Education and Rehabilitative Services at the U.S. Department of Education (USED). The hearing will be livestreamed here.
• On February 9 at 10:00 am, the Senate Finance Committee will hold a hearing to hear testimony from Robert Gordon, who is nominated to serve as the Assistant Secretary for the U.S. Department of Health and Human Services (HHS), and Rebecca Jones Gaston, who is nominated to serve as the Commissioner on Children, Youth, and Families at HHS. The hearing will be livestreamed here.
• On February 23 and 24, the National Advisory Committee on Institutional Quality and Integrity (NACIQI) will hold a virtual meeting. NACIQI advises USED on the establishment and enforcement of the standards of accrediting agencies or associations. Agenda items include an administration policy update from USED Undersecretary James Kvaal, and a discussion of the Department’s Accreditation Dashboard. More information and registration are here.
• On February 28 at 2:00 pm, the White House Initiative on Advancing Educational Equity, Excellence, and Economic Opportunity for Black Americans will hold a virtual roundtable titled, “Opening the Social Emotional Safety Net: SEL Practices for the Black School Community.” The roundtable will feature experts from the field that will discuss culturally competent best social emotional learning practices to support Black students, teachers, and families. More information and registration are here.

Upcoming Events (Outside Organizations):

• On February 7 to 9, the Association of Community College Trustees and the American Association of Community Colleges will hold its in-person 2022 Community College National Legislative Summit, during which USED Secretary Miguel Cardona and First Lady Jill Biden will speak. More information and registration are here.
• On February 7 at 2:00 pm, the Bipartisan Policy Center (BPC) will hold an event titled, “Strengthening the Child Nutrition Programs.” The event will feature a panel discussion about recommendations aimed at strengthening the child nutrition programs. More information and registration are here.
• On February 7 at 2:30 pm, the National Center on Education and the Economy (NCEE) and the Organization for Economic Co-operation and Development (OECD) will hold an event titled, “Trends Shaping Education 2022.” The event will focus on the impact of COVID-19 on global education trends. More information and registration are here.
• On February 8 at 11:30 am, the American Enterprise Institute (AEI) and the Brookings Institution will hold a forum on, “Rebalancing: Children First – A Consensus Report on Childhood in the United States.” The event will feature a discussion with Senator Mitt Romney (R-UT) and will discuss the AEI-Brookings Working Group’s recently released report on this issue. More information and registration are here.
• On February 8 at 1:00 pm, the BPC will hold an event titled, “Return on College Investment for Students and Taxpayers.” The event will feature a discussion of findings from the BPC’s new report, “Which Colleges Are Worth the Cost? Institution-Level Return on Investment for Students and Taxpayers.” More information and registration are here.

Latest from EducationCounsel:

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Publications (Congressional and Administration):

• On February 3, the National Center for Education Statistics (NCES) published a report titled, “Black or African American Teachers: Background and School Settings in 2017-18.” The report examines data from the 2017-18 National Teacher and Principal Survey to examine the characteristics and experiences of Black and African American teachers. Key findings include identifying that 34 percent of Black or African American teachers had an alternative path to certification, compared with 18 percent of all teachers; 51 percent of Black or African American teachers taught in city schools, compared with 31 percent of all teachers; and that in public schools, 65 percent of Black or African American teachers were in schools with 75 percent or more “minority enrollment” in the school, compared with 27 percent of all public school teachers. The full report is here.

Publications (Outside Organizations):

• On January 31, APM Research Lab and the McCourtney Institute for Democracy published findings from its Mood of the Nation Poll, which surveyed adult voters late last year on schools’ COVID-19 policies. The survey found that over 70 percent of Americans favor, at a minimum, masking in K-12 public schools as a response to increasing cases of COVID-19 in their local community. However, nearly 60 percent also support the continuation of in-person instruction, “even if some students might get sick.” The poll also found strong support for the role of parents and state public health agencies in creating schools’ responses to COVID-19. The full report is here.
• On February 1, the Kaiser Family Foundation published a report titled, “COVID-19 Vaccine Monitor: January 2022 Parents And Kids Update.” The report tracks the public’s attitudes and experiences with COVID-19 vaccinations, and found that in the midst of the latest surge of the Omicron COVID-19 variant, the share of parents who say their child has gotten at least one shot of a COVID-19 vaccine increased between November and January. The report also found that four in ten parents of school-age children report some type of disruption to their child’s in-person learning in the first month of the year, including needing to quarantine, schools shutting down in-person classes, or parents choosing to keep children home due to safety concerns. The full report is here.
• On February 1, the National Education Association (NEA) published findings from its latest member survey on key issues educators are facing during the pandemic. The survey, which was conducted in January, found that 90 percent of NEA members report feeling burned out, with 55 percent of educators indicating that they are “ready to leave the profession” earlier than planned. Additionally, 74 percent of members said they’ve had to fill in for colleagues or take other duties due to staff shortages. The full report is here.
• On February 2, FutureEd published a report titled, “COVID-Aid Spending Trends by City, Suburban, Rural School Districts.” The report used National Center for Education Statistics’ (NCES) four classifications of school district settings to analyze the spending plans of nearly 2,500 school districts and charter organizations educating some 53 percent of the nation’s public-school students. Key findings include that city school systems are far more likely than rural districts to earmark federal COVID-relief funds for social-emotional learning or to hire and pay mental health professionals, while a considerable share of analyzed rural districts are earmarking federal funds for student transportation needs. Regardless of geographical classification, more than half of all school districts and charter entities in the sample intend to spend relief funds on hiring and paying teachers and academic staff. The full report is here.
• On February 2, The Institute for College Access & Success (TICAS) published a report titled, “Federal Policymakers Must Act Now to Reform the Student Loan Default System.” The report outlines potential actions the Biden administration and Congress can take to “re-think the structure of student loan default and make systemic reforms to ensure that its consequences are no longer punitive and self-defeating.” Key recommendations include protecting low-income borrowers from harmful involuntary collections; prohibiting transcript withholding; and allowing borrowers in default to access income-driven repayment (IDR) plans. The full report is here.
• On February 2, the Center for American Progress published a report titled, “Holding Higher Education Accountable in Federal-State Partnerships.” The report outlines how performance contracts can be used to hold higher education institutions accountable in federal-state funding partnerships. The report, which focuses on lessons learned from Colorado’s College Opportunity Fund, issues multiple recommendations for designing an effective federal-state partnership, including that partnerships streamline data and accountability reporting by finding a common data system that doesn’t create new or overlapping reporting requirements. The full report is here.
• On February 3, the Education Commission of the States released a report titled, “50-State Comparison: States’ School Accountability Systems.” The resource examines states’ school accountability and assessments systems, and found that at least 20 states disaggregate their data by student subgroup beyond what is required by the Every Student Succeeds Act (ESSA). The resource also found that States have significant flexibility in the school quality and student success indicator, and that at least 37 states and D.C. include college and career readiness as part of the school quality and student success indicator. The full report is here.
• On February 3, the National Student Clearinghouse Research Center published a report titled, “Completing College National and State Reports.” The report found that the national six-year college completion rate reached 62.2 percent, a 1.2 percent increase from last year, and that the rate increased regardless of starting institution types. Two-thirds of states’ completion rates increased by at least 1 percent over last year. The full report is here.
• On February 3, the Economic Policy Institute published a report titled, “Raising Pay in Public K–12 Schools is Critical to Solving Staffing Shortages.” The report argues that Federal relief funds can provide a “down payment” on long-needed investments in the education workforce. Key findings include that since the beginning of the pandemic, state and local public education employment fell by nearly 5 percent overall. Additionally, the report found that low pay is a long-standing issue for not just teachers, but also education support staff, as teaching assistants earn, on average, nearly $300 less per week than the average U.S. worker. The full report is here.

Legislation:

H.R. 6532
A bill to authorize funding for section 619 and part C of the Individuals with Disabilities Education Act.
Sponsor: Rep. Mark DeSaulnier (D-CA)

H.R. 6537
A bill to index the maximum value of Federal Pell Grants to inflation.
Sponsor: Rep. Sean Casten (D-IL)

H.R. 6559
A bill to amend the Higher Education Act of 1965 to prohibit institutions of higher education participating in Federal student assistance programs from giving preferential treatment in the admissions process to legacy students or donors.
Sponsor: Rep. Jamaal Bowman (D-NY)

H.R. 6564
A bill to require educational agencies and institutions to provide in-person instruction to students as a condition of receiving Federal education funds, and for other purposes.
Sponsor: Rep. Mark Green (R-TN)

H.R.6565
A bill to establish an alternative use of certain Federal education funds when in-person instruction is not available.
Sponsor: Rep. Chris Jacobs (R-NY)

H.R.6585
A bill to direct the Secretary of Education to make grants to support early college high schools and dual or concurrent enrollment programs, and for other purposes.
Sponsor: Rep. Adriano Espaillat (D-NY)

H.R.6588
A bill to establish a grant program within the Department of Labor to support the creation, implementation, and expansion of registered apprenticeship programs in cybersecurity.
Sponsor: Rep. Susie Lee (D-NV)

S. 3544
A bill to authorize funding for section 619 and part C of the Individuals with Disabilities Education Act.
Sponsor: Senator Maggie Hassan (D-NH)

S. 3547
A bill to authorize the Director of the National Museum of African American History and Culture to support African American history education programs, and for other purposes.
Sponsor: Senator Cory Booker (D-NJ)

S. 3554
A bill to establish an alternative use of certain Federal education funds when in-person instruction is not available.
Sponsor: Senator Tim Scott (R-SC)

S. 3559
A bill to amend the Higher Education Act of 1965 to prohibit institutions of higher education participating in Federal student assistance programs from giving preferential treatment in the admissions process to legacy students or donors.
Sponsor: Senator Jeff Merkley (D-OR)

S. 3570
A bill to establish a grant program within the Department of Labor to support the creation, implementation, and expansion of registered apprenticeship programs in cybersecurity.
Sponsor: Senator Jacky Rosen (D-NV)