E-Update for the Week of July 1, 2019
Highlights:
- On June 27, the U.S. Supreme Court released an opinion on Department of Commerce et al. v. New York et al., which revolved around the administration’s attempt to add a citizenship question to the 2020 Census. In a 5-4 decision, the Court ruled that the administration does have the authority to add such a question; however, the administration failed to adequately explain the purpose of adding the question.
- On June 25, USED Secretary DeVos delivered remarks to the Tulsa Community College Second Chance Commencement ceremony in Tulsa, Oklahoma. During her remarks, the Secretary stated, “You are why we propose the Second Chance Pell experiment or “pilot” be made permanent,” indicating the administration intends to permanently maintain the program.
- On June 25, the Administration for Children and Families (ACF), an office of the U.S. Department of Health and Human Services (HHS), announced a collaboration between twelve school systems to improve coordination between Head Start service providers and their local elementary schools. The intention is to improve coordination to improve preparation for children entering kindergarten.
Budget and Appropriations:
McConnell pumps brakes on Shelby’s appropriations plan: CQ reported that Senate Majority Leader Mitch McConnell (R-KY) expressed his hesitation with moving forward on appropriations bills for fiscal year (FY) 2020 without reaching a budget caps deal first. “I support getting some kind of deal that can tell us how much we can spend so we can go forward,” stated the Majority Leader. McConnell’s comments come after Senate Appropriations Committee Chairman Richard Shelby (R-AL) had previously expressed that he would move forward with a deeming resolution around July 1 if no budget deal was reached. McConnell’s comments could delay such movement. Congress must reach a spending caps deal before the end of this fiscal year or automatic spending cuts (a sequester) could be enacted due to the 2011 Budget Control Act.
June 27, 2019
Congress:
Senate:
Murray, DeVos highlight 47th anniversary of Title IX: Senate Health, Education, Labor, and Pensions (HELP) Committee Ranking Member Patty Murray (D-WA) introduced a resolution to commemorate the 47th anniversary of the passage of the Education Amendments of 1972, which includes Title IX. “Without Title IX, countless women, girls, and LGBTQIA+ people across the country would be shut out of opportunities that have put them on a path of success in their lives,” stated the Ranking Member. The resolution is here. A press release is here.
Relatedly, on June 22, U.S. Department of Education (USED) Secretary Betsy DeVos released a statement in recognition of the anniversary. “This important law ensures that institutions that receive federal taxpayer funds will follow the law and grant equal access to all students, regardless of sex, in activities and programs inside and outside the classroom,” stated the Secretary. The full statement is here.
June 22 and 24, 2019
House:
Education and Labor Committee explores impacts of Religious Freedom Restoration Act: The House Education and Labor Committee held a hearing titled, “Do No Harm: Examining the Misapplication of the Religious Freedom Restoration Act.” Democrats, led by Committee Chairman Bobby Scott (D-VA), focused on how the law has been used as a tool to discriminate against the LGBTQ community, as well as prevent women access to reproductive services such as birth control or abortion. Republicans, led by Committee Ranking Member Virginia Foxx (R-NC), focused on how H.R.5, the “Equality Act,” would undermine this law, in addition to previous attempts to ignore the law through the Affordable Care Act. A recording of the hearing is here. The opening statement by Chairman Scott is here. The opening statement by Ranking Member Foxx is here.
June 25, 2019
Ways and Means Subcommittee explores impacts of SALT deductions limit, JCT says repeal of limit helps higher income families: The House Ways and Means Subcommittee on Select Revenue Measures held a hearing titled, “How Recent Limitations to the SALT Deduction Harm Communities, Schools, First Responders, and Housing Values.” Under the 2017 Tax Cuts and Jobs Act, individuals are limited to $10,000 for state and local tax (SALT) deductions. Democrats, led by Subcommittee Chairman Mike Thompson (D-CA), intended to highlight that the limitation on state and local tax deductions would disincentive homeownership and charitable giving. Republicans, led by Subcommittee Ranking Member Adrian Smith (R-NE), focused on a Joint Committee on Taxation report, which demonstrates a repeal of the SALT deduction limit would benefit those in the higher income brackets. A recording of the hearing is here. The opening statement from Chairman Thompson is here. The opening statement from Ranking Member Smith is here.
Relatedly, on June 24, the Joint Committee on Taxation released a report titled, “Background on the Itemized Deduction for State and Local Taxes.” The report is a summary of an estimation of how eliminating the limit on SALT deductions would impact individual earners. Key findings of the report include identifying that more than half of the benefits of eliminating the cap would accrue for those making more than $1 million; that the elimination would amount to an estimated $40.4 billion tax cut for those making more than $1 million; and that those making less than $100,000 would save about $400 million, or $500 each. The full report is here.
June 24 and 25, 2019
House chairs to OMB – redefinition of poverty threshold devastating to families: Eleven House Committee chairpersons sent a letter to Office of Management and Budget (OMB) director Mick Mulvaney expressing their opposition to the Trump administration’s proposal to redefine the poverty threshold. “Over time, a slower-growing measure of inflation would cause millions of low-income families to lose access to crucial services that help them meet basic needs, such as keeping a roof over their children’s heads or putting food on the table,” wrote the chairpersons. The letter was signed in part by Education and Labor Committee Chairman Bobby Scott (D-VA), Ways and Means Committee Chairman Richard Neal (D-MA), and Appropriations Committee Chairwoman Nita Lowey (D-NY). The letter is here. A press release is here.
June 21, 2019
Administration:
U.S. Department of Education (USED):
USED meets with North Carolina leaders: USED published a readout of a recent State Education Leadership Conference. Department officials met with various state education officials from North Carolina, including Lieutenant Governor Dan Forest and members of the University of North Carolina system. The meeting focused on issues such as Secretary DeVos’ Education Freedom Scholarship proposal, reauthorization of the Higher Education Act, school safety improvement efforts, Perkins Career and Technical Education transition plans, and implementation of the Every Student Succeeds Act (ESSA). A press release is here.
June 27, 2019
DeVos on second chance pell experiment – need to make ‘permanent’: USED Secretary DeVos delivered remarks to the Tulsa Community College Second Chance Commencement ceremony in Tulsa, Oklahoma. The ceremony celebrates the achievement of incarcerated students who completed their associate degrees through the community college’s second chance program. During her remarks, the Secretary stated, “You are all examples of what happens when students can use aid in expanded ways. You are why we propose the Second Chance Pell experiment or “pilot” be made permanent,” indicating the administration intends to permanently maintain the program. The Secretary’s full remarks are here.
June 25, 2019
U.S. Department of Health and Human Services (HHS):
HHS creates Head Start provider, school district collaborative: The Administration for Children and Families (ACF), an office of the U.S. Department of Health and Human Services (HHS), announced a collaboration between twelve school systems to improve coordination between Head Start service providers and their local elementary schools. The intention is to improve coordination to improve preparation for children entering kindergarten. The twelve teams will develop action plans that are expected to be implemented in the 2019-2020 school year. The teams will then reconvene in the spring of 2020 to discuss their results. A press release from ACF, including a list of the twelve participating districts, is here.
June 25, 2019
U.S. Department of Labor (DOL):
DOL releases long awaited proposed rule on apprenticeship program expansion: The U.S. Department of Labor (DOL) published in the Federal Register, a notice of proposed rulemaking regarding expansion of the federal apprenticeship program. The proposal would expand the program by funding the development of high-quality, industry-recognized apprenticeship program (IRAPs). The notice outlines that trade, industry, employer groups or associations, educational institutions, state and local governments, non-profit organizations, unions, or a consortium of such entities can become Standards Recognition Entities (SRE) which would set the standards for training, structure, and curricula for IRAPs. Such SREs would be recognized by DOL, where the Department would ensure that SREs have the capacity and quality-assurance processes needed to monitor IRAPs. Public comments will be accepted until August 23. A press release is here. The notice is here. A statement in opposition to the proposal from House Education and Labor Committee Chairman Bobby Scott (D-VA) is here. A statement in opposition to the proposal from Senate HELP Committee Ranking Member Patty Murray (D-WA) is here.
Relatedly, on June 25, the White House published a blog post by Ivanka Trump, advisor to the president, and DOL Secretary Alex Acosta. The blog post argued in support of the DOL proposed rule, stating in part, “The Industry-Recognized Apprenticeship program would stand alongside the Labor Department’s existing Registered Apprenticeships, which have found success in the building trades. This program would enable industries to come together through associations, consortia, nonprofits and other mechanisms to offer skills education to American students and workers.” The full post is here.
June 24 and 25, 2019
U.S. Supreme Court and Federal Courts:
SCOTUS to consider school vouchers, DACA repeal in October: The U.S. Supreme Court announced its docket for the October 2019 term. Included in the docket will be Espinoza v. Montana Department of Revenue, which focuses on whether a state tax credit scholarship violates a state constitutional provision banning public funds from being used for religious schools. The plaintiffs, who are advocating for use of the tax credit scholarship, are appealing a decision by the Montana Supreme Court. Additionally, the docket includes consideration of the Trump administration’s termination of the Deferred Action for Childhood Arrivals (DACA) program, which provided protections to individuals who arrived in the country without documentation as children. Such immigrants are often referred to as “dreamers.” Both cases, among others, will be heard within the October term. The full docket is here.
June 28, 2019
SCOTUS blocks, for now, administration adding citizenship question to Census: The U.S. Supreme Court released an opinion on Department of Commerce et al. v. New York et al., which revolved around the administration’s attempt to add a citizenship question to the 2020 Census. In a 5-4 decision, the Court ruled that the administration does have the authority to add such a question; however, the administration failed to adequately explain the purpose of adding the question. The ruling sends the case back to lower District Courts for additional consideration. The Census had previously testified that a decision must be made by July 1 to print and prepare all materials for the Census administration. Since the ruling, President Donald Trump has expressed that he is seeking to delay the Census, providing the administration more time to argue the case in courts. The Supreme Court decision is here.
June 27, 2019
Publications (Congressional and Administration):
- On June 26, the National Center for Education Statistics (NCES) released a report titled, “The Costs of Childcare: Results from the 2016 Early Childhood Program Participation Survey.” The report summarizes data from the survey to provide data on factors such as cost, types of assistance received for childcare, mean out-of-pocket costs, and center-based childcare arrangements. Key findings of the report include identifying that 29 percent of parents reported difficulty finding child care; that the mean per child hourly out-of-pocket expense ranged from $5.64 per hour in the Midwest to $8.55 per hour in the Northeast; and that 42 percent of children 5 and under received only center-based care. The full report is here.
- On June 25, NCES released a report titled, “Characteristics of Private Schools in the United States: Results from the 2017-18 Private School Universe Survey.” The report summarizes findings of a survey of private schools and the students they serve. Key findings of the report include identifying that nearly 5 million students are served by private schools; that there were more private schools in suburban areas; and that 62 percent of private high school graduates attended a four-year college by the fall of 2017. The full report is here.
Publications (Outside Organizations):
- On June 26, the ACT published a report titled, “Dollars Rule Everything Around Me: College-Bound Students’ View on Paying for College.” The report summarizes findings from a survey of students and their perceptions of how to pay for postsecondary education. Key findings include identifying that two-thirds of students were eligible for Pell Grants; that two-thirds of students were averse to college-based debt; and that most students did not understand basic information about student financial assistance and repayment processes. The full report is here.
Upcoming Events (Congressional and Administration):
- The Senate will be on recess in recognition of July Fourth from July 1 through July 5. The Senate will return to session on July 8.
- The House will be on recess in recognition of July Fourth from July 1 through July 5. The House will return to session on July 9.
Legislation:
H.R.3444
A bill to amend the Richard B. Russell National School Lunch Act to require the Secretary of Agriculture to make loan guarantees and grants to finance certain improvements to school lunch facilities, to train school food service personnel, and for other purposes.
Sponsor: Rep. Mark DeSaulnier (D-CA)
H.R.3448
A bill to forgive outstanding Federal and private student loans.
Sponsor: Rep. Ilhan Omar (D-MN)
H.R.3470
A bill to amend the Higher Education Act of 1965 to provide basic and emergency supplemental living assistance grants under the student support services program.
Sponsor: Rep. Danny Davis (D-IL)
H.R.3472
A bill to amend the Higher Education Act of 1965 to ensure college for all.
Sponsor: Rep. Pramila Jayapal (D-WA)
H.R.3487
A bill to improve the Higher Education Act of 1965, and for other purposes.
Sponsor: Rep. Mark Takano (D-CA)
H.R.3489
A bill to authorize the Secretary of Education to establish an Advisory Commission on Serving and Supporting Students with Mental Health Disabilities in Institutions of Higher Education, and for other purposes.
Sponsor: Rep. David Trone (D-MD)
H.R.3492
A bill to amend the Richard B. Russell National School Lunch Act to make a permanent program for the procurement of unprocessed fruits and vegetables to provide healthier school meals, and for other purposes.
Sponsor: Rep. Peter Welch (D-VT)
H.R.3497
A bill to extend Federal Pell Grant eligibility of certain short-term programs.
Sponsor: Rep. Cedric Richmond (D-LA)
H.R.3503
A bill to direct the Secretary of Education to carry out a pilot program to make grants to institutions of higher education to pay the costs of obtaining a United States passport necessary for certain students to participate in a study abroad program.
Sponsor: Rep. Eddie Bernice Johnson (D-TX)
H.R.3512
A bill to protect students of institutions of higher education and the taxpayer investment in institutions of higher education by improving oversight and accountability of institutions of higher education, particularly for-profit colleges, improving protections for students and borrowers, and ensuring the integrity of postsecondary education programs, and for other purposes.
Sponsor: Rep. Susie Lee (D-NV)
H.R.3513
A bill to support educational entities in fully implementing title IX and reducing and preventing sex discrimination in all areas of education, and for other purposes.
Sponsor: Rep. Doris Matsui (D-CA)
H.R.3519
A bill to direct the Secretary of Education to develop a common manual for loan servicers to ensure quality of practice and increase borrower satisfaction.
Sponsor: Rep. Kim Schrier (D-WA)
H.R.3547
A bill to amend the Consumer Financial Protection Act of 2010 to establish the position of the Assistant Director and Student Loan Borrower Advocate of the Bureau of Consumer Financial Protection, to establish the Office for Students and Young Consumers of the Bureau, and for other purposes.
Sponsor: Rep. Suzanne Bonamici (D-OR)
H.R.3555
A bill to amend the Department of Education Organization Act and the Higher Education Act of 1965 to require publication of information relating to religious exemptions to the requirements of title IX of the Education Amendments of 1972, and for other purposes.
Sponsor: Rep. Katherine Clark (D-MA)
H.R.3562
A bill to amend the Richard B. Russell National School Lunch Act to reauthorize the farm to school program, and for other purposes.
Sponsor: Rep. Marcia Fudge (D-OH)
H.R.3578
A bill to direct the Secretary of Education to establish and carry out a grant program to make grants to eligible institutions to plan and implement programs that provide comprehensive support services and resources designed to increase transfer and graduation rates at community colleges, and for other purposes.
Sponsor: Rep. Grace Meng (D-NY)
H.R.3591
A bill to amend the Higher Education Act of 1965 to prevent certain alcohol and substance misuse.
Sponsor: Rep. David Trone (D-MD)
S.1947
A bill to amend the Higher Education Act of 1965 to ensure college for all.
Sponsor: Senator Bernard Sanders (I-VT)
S.1964
A bill to support educational entities in fully implementing title IX and reducing and preventing sex discrimination in all areas of education, and for other purposes.
Sponsor: Senator Mazie Hirono (D-HI)
S.2015
A bill to amend the Higher Education Act of 1965 to direct the Secretary of Education to develop a plain language disclosure form for borrowers of Federal student loans, and for other purposes.
Sponsor: Senator Tim Scott (R-SC)
S.2024
A bill to amend the Higher Education Act of 1965 to improve the American History for Freedom grant program.
Sponsor: Senator John Cornyn (R-TX)
S.2036
A bill to amend the Workforce Innovation and Opportunity Act to provide grants to States for summer employment programs for youth.
Sponsor: Senator Ben Cardin (D-MD)
S.2037
A bill to amend the STEM education program for American Indian, Alaska Native, and Native Hawaiian students under the Higher Education Act of 1965.
Sponsor: Lisa Murkowski (R-AK)