E-Update for the Week of July 16, 2018

Highlights:

• On July 11, the House Appropriations Committee conducted a full committee markup of the fiscal year (FY) 2019 appropriations bill for the U.S. Departments of Labor, Health and Human Services, Education, and Related Agencies (Labor/HHS). The appropriations bill was approved by the Committee by a party line vote of 30-22.
• On July 13, POLITICO reported the U.S. Department of Education (USED) plans to move ahead with its discontinuation of the use of private companies for collections on defaulted federal student loans. Both House and Senate appropriators previously raised objections to the Administration’s plans to proceed in this manner.
• On July 6 and 11, two complaints were filed against USED – one by the Council of Parent Attorneys and Advocates, Inc. (COPAA) and the other by the National Student Legal Defense Network. COPAA argues USED Secretary DeVos’s delay of the significant disproportionality rule violates federal law. The National Student Legal Defense Network is seeking a court order requiring USED Secretary Betsy DeVos to release materials that Accrediting Council for Independent Colleges and Schools (ACICS) submitted to the Department in May 2018 in support of its petition to be continued as a federally recognized accreditor of institutions of higher education.

ESSA:

California and Utah ESSA Plans Approved: USED Secretary DeVos announced the approval of Every Student Succeeds Act (ESSA) state plans for California and Utah. In the announcement, Secretary DeVos stated, “I look forward to seeing how these states utilize the flexibilities afforded in ESSA to rethink education and to improve outcomes for all students.” Florida is the only state that has yet to receive approval of its ESSA state plan. The press release from USED is here. The press release from the California Department of Education is here. The press release from the Utah State Board of Education is here.
July 12, 2018

Budget & Appropriations:

House Appropriations Committee Approves FY2019 Labor/HHS Appropriations Bill: The House Appropriations Committee conducted a full committee markup of the FY2019 Labor/HHS appropriations bill. The bill, which allocated $177.1 billion across USED, the U.S. Departments of Labor, and the U.S. Department of Health and Human Services (HHS), was approved by the Committee by a party line vote of 30-22. The bill has not yet been scheduled for consideration by the full House. In the Senate, Appropriations Committee Chairman Richard Shelby (R-AL) has stated that he would like to bring a mini-bus (or a combination of 2 to 3 appropriations bills) to the Senate floor during the week of July 23, including the FY2019 Senate Department of Defense bill and the FY2019 Senate Labor/HHS bill. The Majority press release is here. The Minority press release is here. The opening statement for House Labor/HHS Appropriations Subcommittee Ranking Member Rosa DeLauro (D-CT) is here. The opening statement for House Appropriations Committee Ranking Member Nita Lowey (D-NY) is here.

• • During the markup, 18 amendments were adopted by the Committee, including 14 of which were offered by Democratic members. The majority of amendments offered pertained to family separation and reunification policies related to the crisis at the border.

July 11, 2018

Congress:

Senate:

VA Secretary Nominee Suggests Expresses Support for PSLF Program and Changes to 90/10 Rule: Senate Health, Education, Labor, and Pensions (HELP) Committee Ranking Member Patty Murray (D-WA) published responses to questions for the record that she submitted following the hearing on the pending nomination of Robert Wilkie to be Secretary of Veterans Affairs. Wilkie’s responses to the questions suggest he is supportive of the Public Service Loan Forgiveness (PSLF) program, as it is an “incentive for public service and has been a great recruiting program for the [Department of Defense].” The PSLF program is proposed for elimination in the pending House reauthorization of the Higher Education Act, titled the Promoting Real Opportunity, Success, and Prosperity through Education Reform (PROSPER) Act. The questions for the record are here. A press release from the House Education and the Workforce Democrats is here.

• • • Regarding the “90/10 rule” (which caps the percentage of revenue that a proprietary school can receive from federal financial aid sources at 90% with the other 10% of revenue coming from alternative sources), Wilkie stated he believes there is an argument for including the Post-9/11 GI Bill in the 90 percent cap. Additionally, he stated institutions should not “aggressively recruit Veterans principally because of financial motives.”

July 12, 2018

Senate Finance Committee Hears Testimony on Paid Family Leave: The Senate Finance Subcommittee on Social Security, Pensions, and Family Policy held a hearing titled, “Examining the Importance of Paid Family Leave for American Working Families.” Witnesses included Senators Joni Ernst (R-IA) and Kirsten Gillibrand (D-NY), as well as representatives from the American Enterprise Institute, National Partnership for Women and Families, and Deloitte Services. During the markup, Senators expressed support for the concept of paid family leave, but differed in their approaches to achieving the policy. The opening statement from Subcommittee Chairman Bill Cassidy (R-LA) is here. The opening statement from Subcommittee Ranking Member Sherrod Brown (D-OH) is here. A recording of the hearing and witness testimonies are here.

• • • Ivanka Trump, as senior White House advisor, was in attendance at the markup, given that paid family leave has been a priority for the Trump Administration. Following the hearing, Ms. Trump stated to The Hill, “No doubt, members of Congress will have diverse opinions about how to structure the policy and how to pay for it, but rather than allowing differences to prevent progress, our lawmakers are coming together to find the best solution.” The full Hill article is here.

July 11, 2018

House:

House Homeland Security Subcommittee Hears Testimony on School Security Challenges: The House Homeland Security Subcommittee on Emergency Preparedness, Response, and Communications held a field hearing titled, “Protecting our Future: Addressing School Security Challenges in America.” The hearing provide members of the Subcommittee the opportunity to hear from stakeholders on current and proposed efforts to enhance school security. Subcommittee Chairman Dan Donovan (R-NY) stated in his opening remarks, “Efforts to secure schools must begin at the local level and I know that states and localities across the country have taken steps to address this important issue, including through security enhancements to school buildings, the assignment of school resource officers, increased information sharing with law enforcement, training, and exercises.” A recording of the hearing is here. Chairman Donovan’s full statement is here.
July 9, 2018

Administration:

U.S. Department of Education (USED):

Two Legal Challenges Raised Against USED: Two complaints were raised against USED – one by the Council of Parent Attorneys and Advocates, Inc. (COPAA) and the other by the National Student Legal Defense Network. COPAA, which advocates for students with disabilities, argues USED Secretary DeVos’s delay of the significant disproportionality rule violates federal law. The regulation addresses disproportionate identification, placement, and disciplinary treatment of students of color in special education. The National Student Legal Defense Network is seeking a court order requiring USED Secretary DeVos to release materials that Accrediting Council for Independent Colleges and Schools (ACICS) submitted to the Department in May 2018 in support of its petition to be continued as a federally recognized accreditor of institutions of higher education. Press release from COPPA is here. National Student Legal Defense Network’s press release is here. Complaint by National Student Defense Network is here.
July 6 and 11, 2018

School Safety Commission Conducts a Listening Session: The Federal Commission on School Safety held a listening session focused on mental health issues and potential interventions. Testimony during the listening session touched on issues related to behavioral health in schools, the use of medication for children, confidentiality issues related to student health, and privacy laws. All four agency chiefs that serve on the commission – Health and Human Services Secretary Alex Azar, USED Secretary DeVos, Homeland Security Secretary Kirstjen Nielsen, and Attorney General Jeff Sessions were in attendance. A recording of the session is here.

• • • During the listening session, Attorney General Sessions suggested student data privacy laws may inhibit stakeholders from sharing information amongst each other. “It may be that the laws aren’t as restrictive as we think they are, and it may be that in some instances we need to change the rules,” he said.  Additionally, Secretary Nielsen questioned how the federal government could be helpful in providing guidance to states on how to navigate privacy laws. “Would it be useful for schools to lay some of this out in advance so that real-time they’re not trying to untangle these complex questions, laws and [regulations]?” Nielsen asked.

July 11, 2018

USED to Discontinue Use of Private Student Debt Collectors: POLITICO reported the USED plans to move ahead with its discontinuation of private companies for collections on defaulted federal student loans. Both House and Senate appropriators previously raised objections to the Administration’s plans to proceed in this manner. Specifically, Senate appropriators included language in their FY2019 Labor/HHS bill expressing their concern with “the capacity of current private collection agencies receiving new accounts to be able to properly serve borrowers who have defaulted on their loans.” The plan is currently being challenged in court, and a hearing on the matter is scheduled for Thursday, July 19. A POLITICO article about the Administration’s plan is here.
July 13, 2018

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

DHS Reunites Eligible Children Under 5 Two Days After Court Deadline: The Department of Health and Human Services (HHS) announced it had reunited all eligible minors under 5 years old with adults who had also been in custody of the Department of Homeland Security (DHS). The reunification, and announcement, come in light of the Federal Court order which mandated the Departments reunify all eligible children by July 10. Of the 103 children under age 5 that were eligible for reunification, 57 were reported to have been returned. The remaining children were not eligible due to factors, such as a failed background check for the parents or logistical barriers, including deportation of the parents.

• • • Senate Health, Education, Labor, and Pensions (HELP) Committee Ranking Member Patty Murray (D-WA) issued a statement after HHS missed its original court deadline. “Make no mistake, Democrats are going to keep this Administration’s feet to the fire until they bring every family back together and drop this cruel effort completely,” the statement read. The HHS press release is here. Ranking Member Murray’s statement is here.

July 12, 2018

Head Start to Focus on School Readiness: The Office of Head Start released a video from its new director, Dr. Deborah Bergeron. In the video, Dr. Bergeron describes changes to the new monitoring guidelines for Head Start, specifically how the changes will focus on school readiness. Prior to being selected as the director of the office, Dr. Bergeron was a school principal, and expressed her feelings of being “very disconnected from [her] Head Start classroom.” The video is here. The Office of Head Start “School Readiness” page is here.
July 9, 2018

Upcoming Events:

• • • On July 16, the U.S. Senate will continue consideration of the nomination of Scott Stump to serve as the Assistant Secretary for Career, Technical, and Adult Education at USED. At 5:30pm, the U.S. Senate will vote on the confirmation of the Stump nomination. The full announcement is here.
    • On July 17 at 10:00 am, the House Subcommittee on Early Childhood, Elementary, and Secondary Education will hold a hearing titled, “Examining the Summer Food Service Program.” The hearing announcement and a live webcast is here.
    • On July 18 at 10:00 am, the Senate Committee on Homeland Security and Governmental Affairs will hold a hearing titled, “Reviewing the Administration’s Government Reorganization Proposal.” The Administration’s reorganization proposal calls for the merger of USED and the U.S. Department of Labor to create the Department of Education and the Workforce. The hearing announcement is here. The reorganization proposal is here.
    • On July 18 at 2:00 pm, the House Oversight and Government Reform Subcommittee on Intergovernmental Affairs will hold a hearing titled, “Regulatory Divergence: Failure of the Administrative State.” The hearing announcement is

Publications:

• • • This month, the Council of Economic Advisers (CEA) released a report titled, “Expanding Work Requirements in Non-Cash Welfare Programs.” The report evaluates the number of non-disabled working-age adults who are receiving non-cash welfare benefits. The survey finds the majority of recipients of Medicaid, Supplemental Nutrition Assistance Program (SNAP), and rental housing assistance programs are considered non-disabled working-age adults. The report authors suggest their findings can be used as justification for legislative changes to non-case welfare programs, specifically those changes that would implement work requirements for benefit recipients. The full report is here.
    • On July 11, the National Head Start Association (NHSA) released a report titled, “A Head Start on Treating Our Nation’s Opioid Epidemic.” The report examined the impact of opioid abuse on the development of children, and estimated “8.7 million children live in homes where there is active substance abuse or misuse.” The report includes four recommendations to address the problem: provide Head Start with flexible resources, including increased staff capacity; improve program capacity to improve referrals; provide professional development to all Head Start staff; and increase infrastructure support for data and analysis. To fulfill the recommendations, NHSA is requesting $200 million from Congress. The full report is here.
    • On July 9, IES released a report on its findings of how employment during a student’s enrollment at a public 2-year institution impacted their experiences and employment outcomes. Key findings included 44 percent of students worked while enrolled in their first year and students working part-time (20 hours or less) were more likely to attain their associate’s degree within two years compared to students who did not work or who worked full time. The full report is here.

Legislation:

H.R.6334
A bill to support coding education.
Sponsor: Rep. Tony Cardenas (D-CA)

H.R.6349
A bill to amend the Higher Education Act of 1965 to increase the income limit of the simplified needs. test.
Sponsor: Rep. Adam Kinzinger (R-IL)

H.R.6352
A bill to amend the Truth in Lending Act and the Higher Education Act of 1965 to require certain creditors to obtain certifications from institutions of higher education, and for other purposes.
Sponsor: Rep. Jared Polis (D-CO)

S.3185
A bill to support the preparation and retention of outstanding educators in all fields to ensure a bright future for children and youth in under-resourced and underserved communities in the United States, and for other purposes.
Sponsor: Senator Tina Smith (D-MN)

S.3205
A bill to amend the Truth in Lending Act and the Higher Education Act of 1965 to require certain creditors to obtain certifications from institutions of higher education, and for other purposes.
Sponsor: Senator Richard Durbin (D-IL)

S.3207
A bill to amend the Higher Education Act of 1965 to allow for the deferment of certain student loans during a period in which a borrower is receiving treatment for cancer.
Sponsor: Senator Bill Nelson (D-FL)