E-Update for the Week of February 8, 2021

Highlights:

• On February 9 at 3:00 pm, the House Education and Labor Committee will hold a markup of a proposal to provide additional pandemic-related relief for education, aligned with President Biden’s request for $170 billion to support schools and colleges.
• On February 5, the Senate and House both adopted a fiscal year (FY) 2021 budget resolution, which includes reconciliation instructions for committees to develop a legislative package to provide additional coronavirus relief based on the major components of President Joe Biden’s proposed $1.9 trillion American Rescue Plan.
• On February 3, the Senate Health, Education, Labor, and Pensions (HELP) Committee held a full Committee hearing to consider the nomination of Dr. Miguel Cardona to serve as U.S. Department of Education (USED) Secretary. Relatedly, on February 11 at 10:00 am, the Senate HELP Committee will vote on the confirmation of Dr. Miguel Cardona to serve as USED Secretary.

Biden Administration:

Nominations and Political Appointees:

Cardona outlines plans to support school reopening, Committee to vote on nomination Thursday: The Senate Health, Education, Labor, and Pensions (HELP) Committee held a full Committee hearing to consider the nomination of Dr. Miguel Cardona to serve as U.S. Department of Education (USED) Secretary. During the hearing, Committee Chairwoman Patty Murray (D-WA) focused on how Cardona would support school reopening and ensuring that students and staff would be safe. She also outlined her education priorities for the Committee, including addressing inequities in education from early childhood education through higher education; making higher education more affordable; reducing student debt; and supporting multiple pathways toward higher education, including supporting Minority Serving Institutions (MSIs), career and technical education programs, and workforce development and apprenticeship programs. Ranking Member Richard Burr (R-NC) asked Cardona for his thoughts on if states should be able to decide whether they incorporate standardized testing this year given the circumstances of pandemic. He also expressed his support to simplify the student loan repayment process. During his testimony, Cardona described his former experience as a classroom educator, principal, district leader, and state education commissioner. Cardona committed to reopening schools safely, including by issuing clear guidance, and ensuring that the Department works to provide every high school graduate multiple options after graduation, including both college and career pathways. A recording of the hearing is here.

Relatedly, on February 11 at 10:00 am, the Senate HELP Committee will vote on the confirmation of Dr. Miguel Cardona to serve as USED Secretary. It is expected that Cardona will receive bipartisan support on this report out of the Committee; however, it is unclear when the full Senate will vote on his confirmation. The announcement is here.
February 3, 2021

USED announces second round of political appointments: USED announced additional political appointees that will have various roles within the Department. Appointees include Michelle Asha Cooper, who will serve as acting Assistant Secretary for the Office of Postsecondary Education; Ramin Taheri, who will serve as Chief of Staff for the Office of Civil Rights; and Jessica Cardichon and Nick Lee, who will serve as Deputy Assistant Secretaries for the Office of Planning, Evaluation, and Policy Development, among others. A press release is here.
February 3, 2021

Executive Orders:

Biden creates task force focused on family reunification at southern border: President Joe Biden signed an Executive Order titled, “Establishment of Interagency Task Force on the Reunification of Families.” The Order directs the U.S. Departments of Homeland Security (DHS), State, Health and Human Services (HHS), and Justice (DOJ) to identify all children who were separated from their families at the southern border between January 20, 2017 and January 20, 2021. The agencies are charged with facilitating and enabling the reunification of each of the children with their families. The task force is responsible for providing an initial progress report no later than 120 days after the Order’s establishment with regular updates every 60 days after that. The full Executive Order is here. A fact sheet from the White House is here.
February 2, 2021

Budget and Appropriations:

Congress advances budget reconciliation process, House Education Committee to markup pandemic education relief funding on Tuesday: On February 5, the Senate and House both adopted a fiscal year (FY) 2021 budget resolution, which includes reconciliation instructions for committees to develop a legislative package to provide additional coronavirus relief based on the major components of President Joe Biden’s proposed American Rescue Plan. The budget resolution, in line with the American Rescue Plan, will permit an additional $1.9 trillion in relief funding through a subsequent legislative package. The Senate adopted the budget resolution on a party-line 51-50 vote, with Vice President Kamala Harris casting the tie-breaking vote. The House, which had previously passed a resolution of its own on a party line vote of 218-212, later adopted the Senate-revised version. Speaker of the House Nancy Pelosi (D-CA) has stated that she expects the House to finish drafting the relief package in the next two weeks and to consider the relief package by the end of February. A statement from Speaker Pelosi is here. A press release from House Budget Committee Chairman John Yarmuth (D-KY) is here.

Specific to education, the House and Senate education authorizing committees are instructed to develop a relief bill allowing up to $357 billion in deficit spending for all initiatives under its jurisdiction (education, employment and training, and social services) – notably the American Rescue Plan proposes $170 billion for K-12 and higher education relief and $40 billion for child care relief. This relief bill will then be merged with bills being drafted by other committees to create the $1.9 trillion relief package, which will only require a simple majority for passage rather than the typical 60-vote threshold in the Senate.

Relatedly, on February 9 at 3:00 pm, the House Education and Labor Committee will hold a markup of a proposal to provide additional pandemic-related relief for education, aligned with President Biden’s request for $170 billion to support schools and colleges. The proposal is intended to comply with the reconciliation instructions that were included in the fiscal year (FY) 2021 budget resolution, which was adopted by the House and Senate on February 5. According to a statement by House Education and Labor Committee Chairman Bobby Scott (D-VA), the proposal is likely to include $130 billion for K-12 schools and $40 billion for higher education. Text of the proposal has not yet been released. The markup will be livestreamed here.
February 5 and 9, 2021

Roybal-Allard named as Labor/HHS subcommittee vice chair: House Appropriations Committee Chairwoman Rosa DeLauro (D-CT) announced the Vice Chairs of the Appropriations Subcommittees. Representative Lucille Roybal-Allard (D-CA) will serve as Vice Chair of the Labor, Health and Human Services, and Education (Labor/HHS) Appropriations Subcommittee. A press release is here.
February 4, 2021

Coronavirus Updates (as related to education):

Administration:

White House:

Biden outlines justification for additional education relief funding: Education Week reported that the Biden Administration released a justification for the need of $130 billion in additional education funding, as included in the American Rescue Plan. According to a document cited by Education Week, the Biden Administration describes that schools will need $14 billion for additional custodial staff, $14 billion for transportation costs, $7 billion to address internet connectivity, and $6 billion for personal protective equipment, among other costs. The Administration acknowledges that schools actually need closer to an additional $145 billion rather than $130 billion based on its estimates, and after taking into account the $54 billion in education relief funding previously provided by the Coronavirus Response and Relief Supplemental Appropriations Act (CRRSA) that was adopted in December. The Education Week article is here. The cost justification is here.
February 5, 2021

U.S. Department of Education (USED):

USED, IES launch survey to better understand state of in-person learning: USED and the Institute of Education Sciences (IES) announced the launch of a national survey to gather data from 3,500 schools that enroll fourth-graders and another 3,500 schools that enroll eighth-graders on how the pandemic has impacted students and the status of in-person learning. According to the Department, the launch is intended to follow through with an Executive Order signed by President Joe Biden that directed agencies to gather data to better understand the impact of the pandemic on students and educators. The survey will include data that will be disaggregated by student demographics, including race, ethnicity, disability, English-language-learner status, and free or reduced lunch status (or other appropriate indicators of family income). Data gathered by the survey will include the number of schools that are open for full-time in-person instruction, open with hybrid systems, or fully remote; enrollment by instructional mode that is disaggregated; attendance rates by instructional mode that is disaggregated; frequency of in-person learning for students; average number of synchronous instruction for students learning remotely; and student groups that are prioritized for in-person instruction. Data will be collected monthly starting in February and running through June. A press release is here.
February 5, 2021

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

ACF releases additional child care relief funding: HHS’s Administration for Children and Families (ACF) announced that is has disbursed $10 billion in funding to states, territories, and tribes as appropriated in the CRRSA. The funding is intended to support child care providers and families as the continue to face impacts from the pandemic. The funding will be distributed through the Child Care and Development Block Grant (CCDBG).
February 3, 2021

Federal Communications Commission (FCC):

FCC to explore opening up E-Rate program to support student connectivity during pandemic: On February 1, the Federal Communications Commission (FCC) published a request for public comment to explore allowing the use of E-Rate funds to support remote learning during the pandemic. The FCC previously ruled that the E-Rate program could not be used to support remote learning by providing devices and internet access to students directly. The notice indicates that the Commission is exploring reversing this ruling and seeking to know how the E-Rate program could support increased access to devices and high-speed internet. The notice is here.
February 1, 2021

Non-Coronavirus Updates:

Congress:

Senate:

Schumer, McConnell announce membership changes to committees: On February 3, Senate Minority Leader Mitch McConnell announced Senate Republican Committee memberships for the 117th Congress. Senators Roger Marshall (R-KS), Tommy Tuberville (R-AL), and Jerry Moran (R-KS) will be joining the Senate HELP Committee.

Relatedly, on February 2, Senate Majority Leader Chuck Schumer (D-NY) announced Senate Democratic Committee memberships for the 117th Congress. Senators Ben Ray Lujan (D-NM) and John Hickenlooper (D-CO) will join the Senate HELP Committee. Senator Elizabeth Warren (D-MA) will leave the Committee. A press release is here.
February 2 and 3, 2021

House:

Scott introduces school desegregation bill: House Education and Labor Committee Chairman Bobby Scott (D-VA) introduced the H.R.729, the “Strength in Diversity Act,” which would support school districts that are developing, implementing, or expanding voluntary school diversity initiatives. The legislation would establish a grant program that provides federal funding to support voluntary local school diversity efforts such as studying segregation and developing evidence-based plans to address socioeconomic and racial isolation; establishing public school choice zones and revising school boundaries; and recruiting, hiring, and training new teachers to support specialized schools. The bill would also support the development and maintenance of best practices for grantees and experts in the field of school diversity, and grant funding would be made available to school districts, regional education authorities and educational service agencies. A fact sheet is here. A press release is here.
February 2, 2021

Espaillat, Yarmuth to join Education and Labor Committee: Speaker of the House Nancy Pelosi (D-CA) announced additional Committee appointments, including to the House Education and Labor Committee. The Committee will be joined by Rep. Adriano Espaillat (D-NY) and John Yarmuth (D-KY). A press release is here.
February 2, 2021

Upcoming Events (Congressional and Administration):

• On February 9 at 9:15 am, the Senate Homeland Security and Governmental Affairs Committee will hold a full Committee hearing to consider the nomination of Neera Tanden to serve as Director of the Office of Management and Budget (OMB). The Committee holds joint jurisdiction of OMB with the Senate Budget Committee. The hearing will be livestreamed here.
• On February 9 at 2:00 pm, the House Education and Labor Committee will hold a markup of a proposal to provide additional pandemic-related relief for education, aligned with President Biden’s request for $170 billion to support schools and colleges. The markup will be livestreamed here.
• On February 10 at 10:00 am, the Senate Budget Committee will hold a full Committee hearing to consider the nomination of Neera Tanden to serve as OMB Director. The hearing will be livestreamed here.
• On February 11 at 10:00 am, the Senate HELP Committee will vote on the confirmation of Dr. Miguel Cardona to serve as USED Secretary. The markup will be livestreamed here.

Upcoming Events (Outside Organizations):

• On February 16 at 1:00 pm, the Wallace Foundation will hold an event titled, “How Do Principals Affect Students and School? A New Synthesis and Its Implications.” The webinar will discuss a new report commissioned by the Wallace Foundation that strengthens the evidence illustrating the impact that effective and high-quality principals can have on student outcomes. More information and registration are here.
• On February 24 at 10:00 am, the Brookings Institute will hold an event titled, “Opportunity Zones: The early evidence.” The webinar will discuss research of Opportunity Zones, which were created by the 2017 Tax Cuts and Jobs Act, and what impact they have had on low-income communities. More information and registration are here.
• On February 24 at 4:00 pm, the Science of Learning and Development (SoLD) Alliance will hold an event titled, “Who Gets to Thrive? Accelerating Equity for All Learners in All Settings.” The webinar is the fifth part of a series that examines the importance of learning environments on student experiences. Panelists will discuss approaches to training and building capacity for adults to support the creation of healthy and supportive learning environments for all students. More information and registration are here.

Publications (Outside Organizations):

• On January 4, RAND Corporation (supported by the Rockefeller Foundation) published a report titled, “COVID-19 Testing in K-12 Schools: Insights from Early Adopters.” The report compiles promising practices from a review of COVID-19 testing programs implemented by K-12 schools nationwide and a deep dive of 10 schools, districts, and states who were early adopters of COVID-19 testing. The report also includes recommendations on how to make widespread COVID-19 testing in schools feasible, acceptable, and effective. Key recommendations from the report include expanding federal and state funding for screening in schools; providing incentives (e.g. paid leave) for teachers and families to be tested and to isolate if infected; and establishing state and regional technical assistance for schools and districts to access as they design and implement their testing program. The full report is here.
• On February 3, FutureEd and EducationCounsel published a report titled, “Teaching Innovation: New School Staffing Strategies Inspired by the Pandemic.” The report explores highly innovative staffing and scheduling strategies certain schools and districts have employed in response to the pandemic, as well as the conditions that enabled these strategies, how educators have overcome barriers to the innovations, and what it would take to sustain and scale them post-pandemic. Key takeaways from the report include how the pandemic has enabled new opportunities for teachers to virtually collaborate and learn from “mentor” teachers with a demonstrable success in raising student achievement; the practice of reallocating staff time and responsibilities to emphasize strong teacher-student relationships; and the design of online staffing structures that respond to students’ developmental needs, like a focus on live instruction in small groups for earlier grades to limit screen time. The full report is here.
• On February 2, the EdResearch for Recovery Project published a brief titled, “Supports For Students Who Are English Learners.” The brief, which is one in a series, aims to identify research-backed practices that K-12 educators can use to support English Learner (EL) students’ academic success and linguistic development in an instructional context transformed by COVID-19. Key recommendations include embracing the cultural and linguistic needs of EL students and families to foster greater levels of community engagement; supporting continuous professional learning and collaboration between EL and general education teachers; developing attendance monitoring systems coupled with targeted outreach efforts in students’ native languages to help improve attendance; and providing additional federal funding for EL students. The full report is here.
• On February 2, the EdResearch for Recovery Project published a brief titled, “Evidence-Based Practices for Assessing Students’ Social and Emotional Well-Being.” The brief, which is one in a series, aims to identify research-backed practices that schools and districts can use to monitor students’ social and emotional well-being across the year. Key recommendations include employing a comprehensive student well-being monitoring system with tiered referrals for special services; using validated student surveys to understand things that cannot be observed, such as student mindset and circumstances; and taking privacy concerns seriously without compromising the usefulness of well-being assessments. The full report is here.
• In January, the Center for Reinventing Public Education (CRPE) published a report titled, “How Can Learning Management Systems be Used Effectively to Improve Student Engagement?” The report summarizes findings from a consensus panel on using data from learning management systems and software to help educators understand and improve student engagement during remote instruction. Key findings from the report include identifying that that data on students’ assignment completion rate is more meaningful and actionable when combined with information on students’ prior performance, technology and internet access, and household conditions; that there is a need for consistent routines at the district level around data retrieval, analysis, and reporting; and recommending that tech providers codesign solutions to advance our understanding of students’ engagement in learning with educators and school system leaders. The full report is here.

Legislation:

H.R.636
A bill to promote registered apprenticeships and other work-based learning programs for small and medium-sized businesses within in-demand industry sectors, through the establishment and support of industry or sector partnerships.
Sponsor: Rep. Suzanne Bonamici (D-OR)

H.R.645
A bill to amend the Elementary and Secondary Education Act of 1965 to strengthen school security.
Sponsor: Rep. John Carter (R-TX)

H.R.668
A bill to direct the Secretary of Labor to fund youth workforce investment activities for certain local areas, and for other purposes.
Sponsor: Rep. Bobby Rush (D-IL)

H.R.676
A bill to establish a learning recovery grant program and fund the Institute of Education Sciences for certain purposes, and for other purposes.
Sponsor: Rep. Bobby Scott (D-VA)

H.R.682
A bill to encourage local educational agencies to resume in-person instruction at elementary and secondary schools, and for other purposes.
Sponsor: Rep. Ashley Hinson (R-IA)

H.R.683
A bill to promote diversity in the national apprenticeship system.
Sponsor: Rep. Alma Adams (D-NC)

H.R.691
A bill to expand opportunities for pre-apprenticeships programs.
Sponsor: Rep. Tony Cardenas (D-CA)

H.R.702
A bill to direct the Secretary of Labor to award grants to develop, administer, and evaluate early childhood education apprenticeships, and for other purposes.
Sponsor: Rep. Brett Guthrie (R-KY)

H.R.703
A bill to ensure access to apprenticeships for underrepresented groups, eliminate barriers and ensure completion of apprenticeships, and invest in successful apprenticeship intermediaries.
Sponsor: Rep. Pramila Jayapal (D-WA)

H.R.720
A bill to direct the Secretary of Labor to enter into contracts with industry intermediaries for purposes of promoting the development of and access to apprenticeships in the technology sector, and for other purposes.
Sponsor: Rep. Seth Moulton (D-MA)

H.R.729
A bill to establish the Strength in Diversity Program, and for other purposes.
Sponsor: Rep. Bobby Scott (D-VA)

H.R.730
A bill to amend title VI of the Civil Rights Act of 1964 to restore the right to individual civil actions in cases involving disparate impact, and for other purposes.
Sponsor: Rep. Bobby Scott (D-VA)

H.R.731
A bill to direct the Secretary of Labor to make grants to eligible applicants to provide stipends to individuals enrolled in a pre-apprenticeship program, and for other purposes.
Sponsor: Rep. Adam Smith (D-WA)

H.R.750
A bill to establish the Federal Clearinghouse on School Safety Best Practices, and for other purposes.
Sponsor: Rep. Mario Diaz-Balart (R-FL)

H.R.763
A bill to amend the Child Abuse Prevention and Treatment Act to direct the Secretary of Health and Human Services to include data on animal abuse in the national clearinghouse for information relating to child abuse and neglect.
Sponsor: Rep. Ann Kuster (D-NH)

H.R.764
A bill to require full funding of part A of title I of the Elementary and Secondary Education Act of 1965 and the Individuals with Disabilities Education Act.
Sponsor: Rep. Susie Lee (D-NV)

H.R.779
A bill to provide for a Federal partnership to ensure educational equity and quality.
Sponsor: Rep. David Trone (D-MD)

H.R.783
A bill to amend the Richard B. Russell National School Lunch Act to improve the efficiency of summer meals.
Sponsor: Rep. Don Young (R-AK)

H.R.784
A bill to require the Secretary of Agriculture to allow infant food combinations and dinners as WIC-eligible foods.
Sponsor: Rep. Don Young (R-AK)

H.R.787
A bill to amend the Elementary and Secondary Education Act of 1965 to improve mental health services for students, and for other purposes.
Sponsor: Rep. Rick Allen (R-GA)

H.R.818
A bill to amend the Child Nutrition Act of 1966 to allow certain participants in the special supplemental nutrition program for women, infants, and children to elect to be issued a variety of types of milk, including whole milk, and for other purposes.
Sponsor: Rep. Fred Keller (R-PA)

H.R.850
A bill to establish name, image, likeness, and athletic reputation rights for college athletes, and for other purposes.
Sponsor: Rep. Lori Trahan (D-MA)

H.R.854
A bill to amend the Workforce Innovation and Opportunity Act to provide for the establishment of Youth Corps programs and provide for wider dissemination of the Youth Corps model.
Sponsor: Rep. Frederica Wilson (D-FL)

S.157
A bill to provide funding for the Assistant Secretary for Mental Health and Substance Use to award grants for the purpose of supporting virtual peer behavioral health support services, and for other purposes.
Sponsor: Senator Catherine Cortez Masto (D-NV)

S.186
A bill to direct the Secretary of Labor to award grants to develop, administer, and evaluate early childhood education apprenticeships, and for other purposes.
Sponsor: Senator Toddy Young (R-IN)

S.200
A bill to provide State and local workforce and career and technical education systems the support to respond to the COVID-19 national emergency.
Sponsor: Senator Patty Murray (D-WA)

S.210
A bill to prohibit States from suspending, revoking, or denying State-issued professional licenses or issuing penalties due to student default.
Sponsor: Senator Marco Rubio (R-FL)

S.211
A bill to prohibit the Secretary of Education from providing Federal elementary and secondary education funds for fiscal year 2021 or COVID-19 relief funds to an elementary school or secondary school that does not offer in-person instruction.
Sponsor: Senator Marco Rubio (R-FL)

S.213
A bill to provide for a Federal partnership to ensure educational equity and quality.
Sponsor: Senator Ben Cardin (D-MD)

S.220
A bill to provide emergency relief to youth, children, and families experiencing homelessness, in light of the health and economic consequences of COVID-19.
Sponsor: Senator Lisa Murkowski (R-AK)

S.240
A bill to support children with disabilities during the COVID-19 pandemic.
Sponsor: Senator Chris Murphy (D-CT)

S.251
A bill to provide that for purposes of determining compliance with title IX of the Education Amendments of 1972 in athletics, sex shall be recognized based solely on a person’s reproductive biology and genetics at birth.
Sponsor: Senator Mike Lee (R-UT)