E-Update for the Week of June 1, 2021

Highlights:

• On May 28, President Joe Biden released his full fiscal year (FY) 2022 budget request and outlined his vision for nearly $6 trillion in federal spending.
• On May 27, a group of Senate Republicans released a $928 billion infrastructure proposal to counter President Biden’s $2 trillion revised American Jobs Plan.
• On May 26, USED released a new set of FAQs related to the Elementary and Secondary Schools Emergency Relief (ESSER) fund and the Governors Emergency Education Relief (GEER) Fund.

Budget & Appropriations:

Biden releases full FY2022 budget request, seeks $103 billion budget for USED: President Joe Biden released his full fiscal year (FY) 2022 budget request and outlined his vision for nearly $6 trillion in federal spending. The full budget release follows the president’s initial “skinny” budget release in April and includes both discretionary and mandatory spending proposals – the latter coming mostly in the form of the president’s previously announced American Jobs Plan and American Families Plan. Now that the president has released his full budget request, Congress can officially begin their budgeting process for the year. It is likely that Budget Committees in both the House and Senate will begin drafting their respective budget resolutions – a process that could be complicated by the uncertainty surrounding the potential use of budget reconciliation to advance key components of the president’s and congressional Democrats’ agenda – and if those resolutions are adopted, congressional Appropriations Committees will be able to determine topline spending levels for FY2022, leading to subcommittee allocations. The House Appropriations Committee, in the absence of a budget resolution, has already set a July deadline to adopt all 12 appropriations bills for FY2022, but it is unclear if that timeline will remain. Congress does face a real timeline, however, with the need to adopt some form of appropriations bill before the current year’s spending expires on September 30.

Within the budget request itself, the president proposes several significant increases to existing programs in combination with several proposals for new programs addressing to early childhood, K-12, and higher education. Related to early childhood education, the president’s request included $7.4 billion for the Child Care and Development Block Grant (CCDBG), an increase of $1.5 billion from FY2021; $11.9 billion for Head Start, an increase of $1.2 billion from FY2021; and $450 million for the Preschool Development Grant (PDG) program, an increase of $175 million from FY2021. Additionally, within the budget request for the U.S. Department of Health and Human Services (HHS), the president proposes to create the Child Care for American Families program – $225 billion in mandatory spending over 10 years to increase access to child care by subsidizing the cost of care. To support building or modernizing child care facilities, the president’s request also proposes $25 billion in mandatory spending over 10 years dedicated to child care infrastructure. The president’s budget request also proposes new mandatory spending to provide universal preschool to all 3- and 4- year-olds in the country. The Universal Preschool program would provide $172 billion in mandatory spending over 10 years to support families in choosing a preschool option that works best for their family – including schools, child care facilities, Head Start, and community based organizations. Relatedly, the president proposes to support increased wages for Head Start educators by proposing to create a Head Start Educator Fund – $27.5 billion in mandatory spending over 10 years to provide pay parity for Head Start Educators.

Within the FY2022 budget request, the president included a request for $102.8 billion for the U.S. Department of Education, which would be a $29.3 billion increase from FY2021. Notable program proposals related to elementary, secondary and postsecondary education include:

• $20 billion for a new Title I Equity Grant program to direct a “larger share” of resources to highest poverty school districts, and would support states and districts in adopting more equitable funding formulas, amongst other uses;
• $15.5 billion for IDEA state grants, a $2.6 billion increase from FY2021;
• $14.3 billion in mandatory spending to support two-years of tuition free community college for first time students and workers wanting to reskill;
• $6.2 billion in mandatory spending to create a new Completion Grant program to support retention and completion for low-income students attending college;
• $1.6 billion in mandatory spending for a new program to support teachers acquiring in-demand credentials;
• $1.4 billion for Career and Technical Education (CTE) state grants, a $20 million increase from FY2021;
• $1.3 billion for 21^st Century Community Learning Centers, a $50 million increase from FY2021;
• $1 billion in mandatory spending to support increased recruitment and retention of School-Based Health Professionals;
• $1 billion in mandatory spending to increase career pathways for middle and high school students;
• $440 million for the Charter Schools Program, level funding compared to FY2021;
• $106.5 million for the Educating Homeless Children and Youth program, level funding compared to FY2021;
• $30 million to again fund the School Leader and Recruitment program; and,
• $8,370 for the maximum Pell Grant award, a combination of a $400 discretionary funding increase and a $1,475 mandatory funding increase.

The president’s full FY2022 budget request is here. A fact sheet from the White House is here. The USED budget brief is here. The HHS budget brief is here.
May 28, 2021  

Biden Administration Transition:

Nominations and Personnel:

Biden nominates Georgetown General Counsel to serve as USED General Counsel: President Biden announced his intent to nominate Lisa Brown, the current Vice President & General Counsel of Georgetown University, to serve as General Counsel in the Office of General Counsel at the U.S. Department of Education (USED). In a statement from USED Secretary Miguel Cardona, the Secretary praised President Biden’s pick, and highlighted Brown’s “passion of mentoring first generation college students and students interested in pursuing careers in social justice.” During the Obama Administration, Brown served as Assistant to the President and Staff Secretary in the White House, and then as Acting Chief Performance Officer at the Office of Management and Budget (OMB). The nomination has been referred to the Senate Health, Education, Labor, and Pensions (HELP) Committee but no hearing has been scheduled. A statement Secretary Cardona is here. A White House announcement is here.
May 26, 2021

Coronavirus Updates (as related to education):

Administration:

U.S. Department of Education (USED):

USED releases additional FAQs on ESSER, GEER funds, outlines allowable uses and timeline for disbursing funds to districts: USED released a new set of FAQs related to the Elementary and Secondary Schools Emergency Relief (ESSER) fund and the Governors Emergency Education Relief (GEER) Fund.  The guidance applies to ESSER funds from the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA), and the American Rescue Plan (ARP), as well as the GEER funds from the CARES Act and CRRSSA (there was no GEER fund within the ARP). The guidance confirms that SEAs must award ESSER I and II funds to LEAs within one year of receiving the award, and ARP ESSER funds to LEAs within 60 days of receiving the award.  The Department outlines that SEAs and LEAs may use funding to provide “premium pay” or bonuses to school staff; may use funding to support early childhood education and child care, including providing access to child care for school staff; and describes how the term “evidence-based” should be considered when adopting practices – the Department relies on the definition of “evidence-based” as included in the Every Student Succeeds Act (ESSA).  The Department notes that the guidance is not binding and is only meant to provide clarification to state education agencies (SEAs) and local education agencies (LEAs). The full guidance is here.
May 26, 2021

Non-Coronavirus Updates:

Administration:

U.S. Department of Education (USED):

USED previews higher ed regulatory agenda, public hearings scheduled for late June: USED announced that it will hold virtual public hearings on June 21, 23 and 24 from 10:00 AM to 12:00 PM and 2:00 PM to 4:00 PM ET to receive stakeholder feedback on potential issues title IV-related higher education issues for future rulemaking sessions. The Department also announced in a subsequent Federal Register notice its intent to establish negotiated rulemaking committees, which the Department will assemble from stakeholder groups to help develop proposed regulations. In the notice, the Department invited public input on how it could address, through title IV regulations, “gaps in postsecondary outcomes such as retention, completion, loan repayment, and student loan default by race, ethnicity, gender, and other key student characteristics.” A press release is here, and the Federal Register notice is here. A press release from House Education and Labor Committee Chairman Bobby Scott (D-VA) is here.

More specifically, USED also listed in the announcement potential topics that its considering for regulation, which include (1) Ability to benefit; (2) Borrower defense to repayment; (3) Certification procedures for participation in federal financial aid programs; (4) Change of ownership and change in control of institutions of higher education; (5) Closed school discharges; (6) Discharges for borrowers with a total and permanent disability; (7) Discharges for false certification of student eligibility; (8) Financial responsibility for participating institutions of higher education, such as events that indicate heightened financial risk; (9) Gainful employment; (10) Income-contingent loan repayment plans; (11) Mandatory pre-dispute arbitration and prohibition of class action lawsuits provisions in institutions’ enrollment agreements; (12) Pell Grant eligibility for prison education programs; (13) Public service loan forgiveness; and (14) Standards of administrative capability.
May 24, 2021

U.S. Department of Housing and Urban Development (HUD):

HUD grants funding to support Youth Homelessness Demonstration Program: The U.S. Department of Housing and Urban Development (HUD) released $145 million in competitive funding through the Youth Homelessness Demonstration Program (YHDP), which supports local and rural communities in building systems to end youth homelessness. Selected communities will use funding for rapid re-housing, permanent supportive housing, and transitional housing, and to fund innovative programs, such as host homes. The funding will also support youth-focused performance measurement and coordinated entry systems. A press release is here.
May 24, 2021

Congress:

Scott, Murray reintroduce bill to ban restraint and seclusion practices in schools: House Education and Labor Committee Chairman Bobby Scott (D-VA) and Senate Health, Education, Labor and Pensions (HELP) Committee Chairwoman Patty Murray (D-WA), reintroduced the “Keeping All Students Safe Act” (H.R. 3474/S. 1858), which would prohibit any school receiving federal funding to seclude children and ban restraint practices that restrict children’s breathing. The bill would also prohibit schools from physically restraining children, except when necessary to protect the safety of students and staff and provide training for school personnel to address school-expected behavior with evidence-based, proactive strategies. “A quality education cannot be achieved without a safe learning environment,” said Chairman Scott (D-VA). A press release is here.
May 26, 2021  

Senate:

White House, Senate Republicans inch closer to bipartisan infrastructure package, still miles apart on several key issues like education and child care funding: A group of Senate Republicans released a $928 billion infrastructure proposal to counter President Biden’s $2 trillion revised American Jobs Plan. Though the new proposal is a significant increase from the Republicans’ most recent $568 plan and includes additional money for roads, bridges, water, rail and airports, the majority of the proposed spending is part of an existing plan for investments. In the proposal, Republicans include $506 billion for roads, bridges and major projects, $48 billion for water infrastructure, $25 billion for airports, $65 billion for broadband and $22 billion for freight and passenger rail. However, the new counteroffer does not include any funding for certain White House priority areas, including elder care and child care. However, the White House welcomed the counteroffer as “constructive” and signaled that negotiations will continue beyond Memorial Day. More information is here. A statement by the White House is here.
May 27, 2021

Senate Democrats introduce bill to increase mandatory child care funding: Senate Finance Committee Chairman Ron Wyden (D-OR), and Senators Elizabeth Warren (D-MA), Sherrod Brown (D-OH), Bob Casey (D-PA) and Tina Smith (D-MN) introduced a bill that would allocate mandatory funding to build child care availability “over the long term.” The bill would provide new permanent federal funding to help child care providers invest in facility upgrades, support new child care providers to open, help existing providers expand or upgrade their programs, train and invest in the child care workforce, and provide other technical and financial support to providers. More specifically, the bill would permanently increase annual funding to the Child Care Entitlement to States (CCES) program to $10 billion per year and create a new, $5 billion per year permanent grant program to improve child care supply, quality, and affordability, particularly in areas that lack options for affordable child care. A press release is here.
May 26, 2021

House:

House Ways and Means Subcommittee explores options to improve paid family leave, child care options for working families: The House Ways and Means Worker and Family Support Subcommittee held a hearing titled, “Legislative Subcommittee Hearing on Universal Paid Leave and Guaranteed Access to Child Care.” The hearing featured two panels, with the first panel featuring House Members who are leading on this issue, and the second featuring child care and paid leave stakeholders. Subcommittee Chairman Danny Davis (D-IL) opened the hearing by highlighting how the pandemic “made crystal clear” that the current patchwork system is not serving families and has negative economic impacts and positioned universal paid leave and child care as integral in any efforts to rebuild the economy. Ranking Member Jackie Walorski (R-IN) emphasized that Republicans were ready to work in a bipartisan manner to improve lives for working families, but called Democrats’ approach “one-size-fits-all” and wasteful in its failure to account for previous relief bills’ child care investments. Democratic and Republican Members alike expressed the need to better support the child care workforce, increase the quantity and quality of providers, and ensure that families have flexibility and options when choosing child care. Democrats emphasized the child care crisis’s disproportionate impact on low-income families and families of color, while Republicans continued to question the need for additional investments, arguing that much of the child care relief funding has “not even made it out of the door,” according to Rep. Brad Wenstrup (R-OH). A recording of the hearing is here.
May 27, 2021

Upcoming Events (Congressional and Administration):

• On June 7 through June 11, USED’s Office for Civil Rights (OCR) will hold a virtual public hearing on improving enforcement of Title IX. At the hearing, members of the public may comment on steps USED can take to ensure that schools are providing students with educational environments free from discrimination in the form of sexual harassment. Individuals and organizations may also submit written comments as well, which will be accepted until June 11. More information and registration are here.
• On June 21, 23 and 24, USED will hold virtual public hearings to receive stakeholder feedback on potential issues title IV-related higher education issues for future rulemaking sessions. At the hearing, members of the public may comment on how USED can address “gaps in postsecondary outcomes such as retention, completion, loan repayment, and student loan default by race, ethnicity, gender, and other key student characteristics” through title IV regulations. More information and registration are here.

Upcoming Events (Outside Organizations):

• On June 2 at 12:00 pm, the Wilson Center will hold an event titled, “Ten Years of the Federal Games Guild (FGG) and the Emergence of Learning Games in Education.” The webinar will include a conversation with the founding members of the FGG and leaders in field of learning games. More information and registration are here.
• On June 3 at 10:00 am, the National Democratic Institute will hold an event titled, “Speak Youth to Power.” The event will feature a conversation about championing the political aspirations of youth, with a focus on political participation and youth disillusionment. More information and registration are here.
• On June 4 at 1:00 pm, the Bipartisan Policy Center will hold an event titled, “Exploring the Role of Faith-based Child Care.” The event will feature a conversation with faith-based community leaders to learn about this nuanced facet of child care. More information and registration are here.
• On June 8, the Alliance for Excellent Education will hold an event titled, “Supporting COVID-19 Recovery for Students with Disabilities: Research Findings, Policy Recommendations, and Lessons from the Ground.” The webinar will feature a conversation about recent research on academic growth for students in special education before the pandemic and implications for policies and practices designed to spur COVID recovery. More information and registration are here.

Publications (Administration):

• On May 25, the Institution of Education Sciences (IES) released a report titled, “Condition of Education 2021.” The report explored indicators on the state of education in the country, from prekindergarten through postsecondary education, as well as labor force outcomes and international comparisons. Key findings include identifying that in September 2020, two-thirds of public or private elementary and secondary students participated in online learning; that in fall 2018, 50.7 million students were enrolled in public Pre-K-12 schools; and that in 2018, public charter school enrollment more than doubled, compared to 2009. The full report is here.

Publications (Outside Organizations):

• On May 27, the Institute for Higher Education Policy (IHEP) published a report titled, “Online Isn’t Optional: Student Polling on Access to Internet and Devices.” The report identifies which students are facing the technological challenges that limit their ability to consistently participate in higher education, and provides recommendations for institutional leaders and policymakers to ensure all students can complete their education. Key takeaways include identifying that approximately 60 percent of Black and Latinx students face significant cost in affording internet (compared to only 50 percent of white students); that almost 25 percent of students report sometimes having difficulty connecting to course content because of internet issues; and argues that USED should include accounting for technology costs in financial aid and cost of attendance. The full report is here.
• On May 27, The Education Trust, Zero to Three, and the National Center for Learning Disabilities published a report titled, “Supporting Our Youngest Learners: What We Know About Equity in Early Intervention.” The report identifies the strengths of certain states’ approaches to funding services provided under the Individuals with Disabilities Education Act (IDEA), and highlights opportunities for increasing equity in providing early intervention services. Key recommendations include incorporating cultural and linguistic competency into evaluation processes and assessment tools; developing a racially, culturally, and linguistically diverse early intervention workforce; and providing ongoing professional development that includes family engagement approaches. The full report is here.
• On May 27, Ascend at Aspen Institute and The Jed Foundation published a report titled, “Improving Mental Health of Student Parents: A Framework for Higher Education.” The report surveyed the mental health of student-parents attending higher education and provides recommendations for institutions of higher education to better support the mental and emotional well-being of parenting students. Key findings include identifying that 43 percent of student-parents attending college experience extreme stress that affects their mental health and educational success; that financial stress and feelings of isolation rank as the most severe stressors for student-parents; and that four in 10 student-parents describe the experience of attending school while raising a child as “extremely or very challenging.” The full report is here.
• On May 25, the Center for American Progress (CAP) published a report titled, “Growing the Economy Through Affordable Child Care.” The report analyzed the potential economic impact of the Child Care for Working Families Act (CCWFA). The report found that under CCWFA, 76 percent of working families with children under age 6 would be eligible for free or reduced-cost child care. Other key findings include identifying that CCWFA would maintain flexibility for families to find a child care program that meets their schedule and needs; and would use an approved cost estimation model to ensure that child care providers are, at a minimum, paid a living wage. The full report is here.
• On May 24, FutureEd published a report titled, “Present Danger: Solving the Deepening Student Absenteeism Crisis.” The report examined pandemic attendance trends in five school districts and found that student absenteeism may have been far greater during the pandemic than previously reported. Key findings include identifying that the number of students missing half the school year has risen exponentially; that absenteeism rates are rising faster among younger students, who typically have better attendance than high schoolers; and that disadvantaged students are recording higher rates of absenteeism in all five districts studied. The full report is here.
• On May 23, TNTP and Zearn, an online math platform, published a report titled, “Accelerate, Don’t Remediate: New Evidence from Elementary Math Classrooms.” The report compared remediation to learning acceleration as different approaches to address unfinished learning. Key findings include identifying that students who experienced learning acceleration struggled less and learned more than students who started at the same level but experienced remediation instead; that students of color and those from low-income backgrounds were more likely than their white, wealthier peers to experience remediation; and that learning acceleration was particularly effective for students of color and those from low-income families. The full report is here.

Legislation:

H.R.3474
A bill to prohibit and prevent seclusion, mechanical restraint, chemical restraint, and dangerous restraints that restrict breathing, and to prevent and reduce the use of physical restraint in schools, and for other purposes.
Sponsor: Rep. Don Beyer (D-VA)

H.R.3483
A bill to establish a grant program in the Bureau of Consumer Financial Protection to fund the establishment of centers of excellence to support research, development and planning, implementation, and evaluation of effective programs in financial literacy education for young people and families ages 8 through 24 years old, and for other purposes.
Sponsor: Rep. Andre Carson (D-IN)

H.R.3486
A bill to direct the Secretary of Education to deem each month for which certain Federal student loans are in deferment during a period of active duty service as months counted toward public service loan forgiveness.
Sponsor: Rep. Joe Courtney (D-CT)

H.R.3519
A bill to amend the Richard B. Russell National School Lunch Act to establish a permanent, nationwide electronic benefits transfer program for children during school closures, and for other purposes.
Sponsor: Rep. Mike Levin (D-CA)

H.R.3545
A bill to amend section 2202 of the American Rescue Plan Act of 2021 to authorize States to expand the uses of the child care stabilization funds to include support for the creation or enhancement of family child care networks designed to increase, or to improve the quality of, child care provided by family child care providers; and for other purposes.
Sponsor: Rep. Elise Stefanik (R-NY)

H.R.3549
A bill to direct the Secretary of Education to establish a pilot grant program to develop, implement, and evaluate comprehensive mental health services programs in elementary schools and secondary schools, and for other purposes.
Sponsor: Rep. David Trone (D-MD)

S.1795
A bill to address mental health issues for youth, particularly youth of color, and for other purposes.
Sponsor: Senator Bob Menendez (D-NJ)

S.1802
A bill to amend the Internal Revenue Code of 1986 to expand and modify employer educational assistance programs, and for other purposes.
Sponsor: Senator Maggie Hassan (D-NH)

S.1811
A bill to increase the recruitment and retention of school-based mental health services providers by low-income local educational agencies.
Sponsor: Senator Jon Tester (D-MT)

S.1839
A bill to coordinate Federal research and development efforts focused on modernizing mathematics in STEM education through mathematical and statistical modeling, including data-driven and computational thinking, problem, project, and performance-based learning and assessment, interdisciplinary exploration, and career connections, and for other purposes.
Sponsor: Senator Maggie Hassan (D-NH)

S.1841
A bill to amend the Public Health Service Act to revise and extend projects relating to children and to provide access to school-based comprehensive mental health programs.
Sponsor: Sen. Tina Smith (D-MN)

S.1847
A bill to amend the Higher Education Act of 1965 to establish a community college and career training grant program.
Sponsor: Senator Tim Kaine (D-VA)

S.1858
A bill to prohibit and prevent seclusion, mechanical restraint, chemical restraint, and dangerous restraints that restrict breathing, and to prevent and reduce the use of physical restraint in schools, and for other purposes.
Sponsor: Senator Chris Murphy (D-CT)