E-Update for the Week of June 14, 2021

Highlights:

• On June 11, Chief Operating Officer (COO) of the USED Federal Student Aid Office (FSA) Richard Cordray announced that the Department will not be able to fully implement statutory requirements to simplify the Free Application for Federal Student Aid (FAFSA) in time for students to apply for federal aid for the 2023-2024 school year
• On June 10, the Administration for Children and Families (ACF) released guidance related to the $39 billion Child Care Development Block Grant (CCDBG) funding included in the American Rescue Plan (ARP).
• On June 9, the U.S. Department of Education (USED) released guidance focused on the maintenance of equity (MOEquity) provision contained within the American Rescue Plan (ARP) Act.

Biden Administration Transition:

Nominations and Personnel: 

HELP Committee to consider Graham’s nomination on Thursday: On June 16, the Senate Health, Education, Labor, and Pensions (HELP) Committee will hold an executive session to consider the nomination of Gwen Graham to serve as the U.S. Department of Education (USED) Assistant Secretary for Legislation and Congressional Affairs.  This is only the fourth USED nominee that the HELP Committee has considered to date.  The hearing will be livestreamed here.
June 16, 2021

Budget and Appropriations:

Becerra calls for robust funding to support early childhood education: U.S. Department of Health and Human Services (HHS) Secretary Xavier Becerra testified in front of the Senate Labor, Health and Human Services, Education, and Related Agencies (Labor/HHS) Appropriations Subcommittee.  While much of the Secretary’s testimony, and of the Members’ questions, was focused on the health programs operated by the Department and the Administration’s continued response to the pandemic, there were some mentions of core child care and early childhood education programs.  In her opening statement, Senate Labor/HHS Appropriations Subcommittee Chairwoman Patty Murray (D-WA) highlighted the president’s inclusion of a $1.5 billion increase to the Child Care and Development Block (CCDBG) grant as well as the president’s American Families Plan, which proposes $425 billion over 10 years to expand access to affordable child care and provide universal pre-school to all 3- and 4-year-olds.  In her questions, Chairwoman Murray pressed Becerra to explain why these investments are necessary and how they would support the nation’s economic recovery.  Secretary Becerra explained that the country’s economy will not fully recover until the child care needs of working families are addressed, especially the needs of working mothers.  He also noted that while the president’s proposals are critical, there is still a greater need to build a truly sustainable and accessible child care system.  Secretary Becerra also highlighted the importance of providing early childhood educators a living wage and argued that these educators are “one of our most important assets.” A recording of the hearing is here.
June 9, 2021

Coronavirus Updates (as related to education):

Administration:

U.S. Department of Education (USED):

USED releases guidance for states, districts to abide by ARP maintenance of equity provisions: The U.S. Department of Education (USED) released guidance focused on the maintenance of equity (MOEquity) provision contained within the American Rescue Plan (ARP) Act.  The Department’s guidance for state and local agencies provides more information on the new MOEquity provisions that are a condition for SEAs and LEAs to receive funds under ARP Elementary and Secondary School Emergency Relief (ESSER) Fund. Key takeaways include clarifying the definitions of maintenance of equity compared to the maintenance of effort provisions within the ARP; defining “high-need LEAs” as those that have the highest percentages of economically disadvantaged students in the state and those that collectively serve at least 50 percent of the state’s total enrollment of students served by all LEAs; defining “highest-poverty LEAs” as those that have the highest percentages of economically disadvantaged students and those that collectively serve at least 20 percent of the state’s total enrollment of students served by all LEAs; and outlining how SEAs should determine their high-need and highest-poverty LEAs. The Department notes that states and LEAs are required to abide by the MOEquity provisions, even those some states may have completed their annual appropriations cycles.  Additionally, the Department will require that states submit baseline data to determine how the state will abide by MOEquity provisions by July 30. The guidance is here.
June 9, 2021

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

ACF releases guidance for ARP CCDBG funding, focuses on strengthening systems and access: The Administration for Children and Families (ACF) released guidance related to the $39 billion Child Care Development Block Grant (CCDBG) funding included in the American Rescue Plan (ARP). Amongst specific requirements states must follow when implementing the funds, the guidance strongly recommends that lead agencies focus resources on investing in child care in ways that “strengthen the child care system and ensure that families have equal access to quality, affordable child care.” Key recommendations include suggesting that lead agencies prioritize increasing provider payment rates and workforce compensation; implement policies that will build the supply of child care in low-income communities, especially for historically underserved populations; and provide child care assistance to families who have lost employment or income during the pandemic. The guidance is here.
June 10, 2021

Congress:

Senate:

Burr, Collins press CDC for clarification on teachers’ union influence in school reopening guidance: Senate Health, Education, Labor and Pensions (HELP) Ranking Member Richard Burr (R-NC) and Senator Susan Collins (R-ME) sent a letter to Centers for Disease Control and Prevention (CDC) Director Rochelle Walensky expressing concern that she “may have given incomplete or inaccurate testimony” to Congress last month about the role teachers unions played in the CDC’s school reopening guidance. In the letter, the Senators write that Walensky’s testimony during a May HELP Committee hearing on the CDC guidance “appears to be inconsistent” with a letter sent to Ranking Member Burr in April, as well as email correspondence between the CDC, the Biden Administration, and the teachers’ unions. The Senators request that Walensky “explain and, if necessary, correct the inconsistencies” by June 23. A press release is here.
June 10, 2021

House:

House Ed & Labor Committee pushes GAO to examine college student food insecurity: House Education and Labor Committee Chairman Bobby Scott (D-VA) and House Agriculture Committee Chairman David Scott (D-GA) sent a letter to the Government Accountability Office (GAO) requesting that the agency examine the extent of college student food insecurity, enrollment in the Supplemental Nutrition Assistance Program (SNAP) among eligible college students, and how college students were affected by the removal of certain eligibility restrictions to SNAP during the pandemic. In the letter, the Members write that they want to “re-examine SNAP eligibility restrictions” for college students, particularly in anticipation of the National Center for Education Statistics’ release of new data next year on food insecurity among college students. The letter is here.
June 7, 2021

Non-Coronavirus Updates:

Administration:

U.S. Department of Education (USED):

FSA to Congress – More time needed for FAFSA simplification: Chief Operating Officer (COO) of the USED Federal Student Aid Office (FSA) Richard Cordray announced that the Department will not be able to fully implement statutory requirements to simplify the Free Application for Federal Student Aid (FAFSA) in time for students to apply for federal aid for the 2023-2024 school year.  Instead, the Department expects that the simplified version of the FAFSA will be ready by the 2024-2025 aid year. According to POLITICO, the Department cited complications and limitations with existing software as the reason the simplification could not be accomplished by the deadline – as part of the FY2021 omnibus appropriations bill, the Department was directed to make the changes to the form by the 2023-2024 aid year. A POLITICO article is here. (Note: A subscription to POLITICO Pro is required.)
June 11, 2021

OCR to examine school discipline practices, disparities in student experiences: The USED Office for Civil Rights (OCR) issued a Request for Information (RFI) asking for written comments on the administration of school discipline in schools serving students in pre-k through grade 12. According to the Department, the information will assist OCR in “determining what policy guidance, technical assistance, or other resources may help schools improve school climate and safety, and ensure equal access to education programs and activities, consistent with the civil rights laws that OCR enforces.” In the RFI, OCR requests comments on a list of discipline-based concerns, including the use of exclusionary discipline, corporal punishment, seclusion and restraint practices, and school interactions with law enforcement. “Discrimination and use of exclusionary discipline can negatively impact students’ abilities to learn, grow and thrive,” said USED Secretary Miguel Cardona. “We’re seeking information so that the Department can help schools and educators confront disparities and create inclusive school environments that set all students up for success.”  Comments will be accepted until July 23. A press release is here, and the RFI is here.
June 4, 2021

Congress:

Senate:

HELP Committee advances child abuse protection bill reauthorization: The Senate HELP Committee, with a bipartisan voice vote, advanced S. 1927, the “[Child Abuse Prevention and Treatment Act (CAPTA)] Reauthorization Act of 2021.” HELP Committee Chairwoman Patty Murray (D-WA) noted in her opening remarks that the reauthorization was critical to keeping children safe and to connect families with essential supports to meet basic needs.  She also expressed her appreciation for working with Ranking Member Richard Burr (R-NC) in order to advance the bill.  The bill will likely be considered by the full Senate, but a vote has not yet been scheduled. A recording of the hearing is here. The bill text is here.
June 10, 2021

Senate advances US competition bill, last-minute objection strikes short-term Pell provisions: The Senate advanced the “U.S. Innovation and Competition Act” (S.1260) on a bipartisan 68-32 vote.  The bill is intended to improve the nation’s research and development infrastructure, focused on technological advancements, and to bolster the nation’s competitiveness in the global marketplace.  Prior to the final vote, there was a procedural vote to include a manager’s amendment, which would have included a proposal from Senators Tim Kaine (D-VA) and Rob Portman (R-OH) to expand the Pell Grant program for programs as short as eight weeks, often referred to as “short-term Pell.”  However, Senator Rand Paul (R-KY) objected to the motion for unanimous consent to adopt the manager’s amendment.  Due to his objection, the manager’s amendment failed and the amendment to include short-term Pell Grants was ultimately not included in the Senate version of the bill. The bill is expected to be considered in the House, where a similar amendment to include short-term Pell Grants may be added, but the pathway forward for the bill remains unclear.
June 8, 2021

Upcoming Events (Congressional and Administration):

• On June 15 at 10:15 am, the House Education and Labor Committee will hold a hearing titled, “Workforce Innovation and Opportunity Act Reauthorization: Examining Successful Models of Employment for Justice-Involved Individuals.” No witnesses have yet been announced. More information will be posted here.
• On June 16 at 9:00 am, the House Education and Labor Committee will hold a hearing titled, “Examining the Policies and Priorities of the U.S. Department of Health and Human Services.” HHS Secretary Xavier Becerra will testify. More information will be posted here.
• On June 16 at 10:00 am, the Senate Labor/HHS Appropriations Subcommittee will hold a hearing on “The President’s Fiscal Year 2022 Budget Request for the U.S. Department of Education.” USED Secretary Miguel Cardona will testify. More information will be posted here.
• On June 16 at a time that’s yet to be determined, the Senate HELP Committee will hold an executive session to consider the nomination of Gwen Graham to serve as the USED Assistant Secretary for Legislation and Congressional Affairs. This is only the fourth USED nominee that the HELP Committee has considered to date.  More information will be posted here.
• On June 17 at 10:00 am, the Senate HELP Committee will hold a hearing titled, “COVID-19 Response and Recovery: Supporting the Needs of Students in Higher Education and Lessons on Safely Returning to Campus.” The hearing will feature testimony from Youlanda Copeland-Morgan, Vice Provost of Enrollment Management at the University of California, Los Angeles; Dr. Reynold Verret, President of Xavier University of Louisiana; Anthony Harris, Student of Baldwin Wallace University; and Madeline Pumariega, President of Miami-Dade College. More information will be posted here.
• On June 17 at 10:00 am, the Senate Commerce, Science, and Transportation Committee will hold a hearing titled, “NCAA Student Athletes and NIL Rights.” No witnesses have yet been announced. More information will be posted here.

Upcoming Events (Outside Organizations):

• On June 17 at 2:00 pm, the Wilson Center will hold an event titled, “Out in Academia.” The webinar will focus on being LGBTQI+ in an academically-minded institution. More information and registration are here.

Publications (Administration):

• On June 10, the Institute for Education Sciences (IES) released April 2021 school reopening data from its 2021 National Assessment of Educational Progress (NAEP) Survey. The data, which aims to contribute additional contextual factors for understanding fourth- and eighth-graders’ educational outcomes, provides insight into the number of students learning remotely, hybrid, or full-time in-person in April. Key findings include identifying that 51 percent of public school fourth-graders and 41 percent of eighth-graders were enrolled in full-time in-person learning in April; but that the percentages of students of color enrolled in full-time in-person learning have remained far lower than white students. “We have more work to do to ensure that Black, Hispanic, and Asian students have equal access to in-person learning options as their white peers, and that parents and students feel confident again learning inside school buildings,” USED Secretary Cardona said in a statement. The data are here, and Secretary Cardona’s statement is here.
• On June 9, IES released a report titled, “State and District Use of Title II, Part A Funds in 2019–20.” The report provides a national picture of state and district priorities for Title II-A funds in the 2019–20 school year, which are provided to states and districts to support effective instruction through the preparation, recruitment, and training of educators. Key findings include identifying that districts most often used federal funds for professional development, but that other common uses included reducing class sizes and recruiting and retaining effective teachers and principals; that half of the states and a quarter of districts used a new Every Student Succeeds Act (ESSA) flexibility that expanded allowable uses of funds; and that state and district use of Title II-A funds in 2019-20 were generally consistent with patterns from the previous year. The full report is here.
• On June 8, the National Center for Education Statistics (NCES) released a report titled, “Parental Involvement in U.S. Public Schools in 2017-18,” which examines parent and/or guardian involvement in various school-based engagement opportunities, as reported by public primary, middle, and high school principals through the 2017-18 National Teacher and Principal Survey (NTPS). Key findings include that during the 2016-17 school year, all parent engagement opportunities listed in the survey were more often available at primary schools than at middle or high schools; that among schools offering the same parent engagement opportunity, primary school students more frequently had high parent participation compared to middle and high school students; and that primary school principals less often reported low attendance when compared to principals at middle or high schools. The full report is here.

Publications (Outside Organizations):

• On June 10, the RAND Corporation released results from a survey commissioned by the Rockefeller Foundation detailing parents’ preferences for in-person school safety measures. Key findings from the survey include identifying that 84 percent of parents want to send at least some of their children to school in-person in the fall; that the most common reasons parents do not plan to send their children to in-person school relate to safety; and that ventilation is the top COVID-19 related safety measure that parents need to feel safe sending their children to in-person school. The full report is here.
• On June 10, the national Student Clearinghouse Research Center released a report titled, “Spring 2021 Current Term Enrollment Estimates.” The report provides national enrollment estimates by degree level, institutional sector, and other demographic identifiers. Key findings include identifying that higher education lost roughly 603,000 students this spring, a decline seven times worse than a year prior; that while every higher education sector saw an enrollment drop this spring, undergraduate students accounted for all the decline; and, in contrast,  graduate enrollment increased by 4.6 percent. The full report is here.
• On June 9, the Education Commission of the States released a report titled, “State Governance Models for Educating Youth in Juvenile Detention Facilities.” The report explores the types of governance models that states use to administer and oversee educational services in juvenile detention facilities. Key takeaways include identifying three models for the governance of education services – the statewide school district model, the state school model, and the local school district model; that each model varies by state with authority granted to different state and local agencies; and that an analysis of how governance approaches impact youth can foster a deeper understanding of the barriers and opportunities for school-age youth in state custody and the impact on the justice system. The full report is here.
• On June 8, the National School Boards Association released a survey measuring support for increased public education funding amongst likely 2022 voters. Key findings include identifying that voters are significantly more likely to have a positive view of public education when they think of schools locally as opposed to nationally; that learning loss amongst students is a huge issue for voters; and that voters named lack of access to quality broadband and internet at home as one of the top challenges their local public school has faced during the pandemic. The full survey is here.
• On June 8, the Science of Learning and Development (SoLD) Alliance released a report titled, “Design Principles for Schools: Putting the Science of Learning and Development Into Action.” The report provides the scientific principles, structures, and practices that will serve as the foundation for learning environments and experiences that enable all young people to thrive. Key principles for equitable whole child design include positive development relationships; environments filled with safety and belonging; rich learning experiences and knowledge development; development of skills, habits, and mindsets; and integrated support systems. The full report is here.

Latest from EducationCounsel:

• Danielle Ewen co-authored a publication titled, “Using Every Student Succeeds Act Fund for Early Childhood.” The publication was authored in partnership with Foresight Law+Policy, the Center for the Student of Education Policy, the Erikson Institute, and Start Early. The publication provides information on how school districts can use ESSA funds for early education, which also applies to the ESSER Funds from the previous pandemic relief packages. The publication is here.
• Dan Gordon and Scott Palmer authored a publication titled, “Two Opportunities for States to Support More Thoughtful School District Recovery Plans.” The publication reviews recent guidance from USED about how states can support districts’ planning for use of ARP ESSER funds. The publication is here.

Legislation:

H.R.3767
A bill to establish an Educational Equity Challenge Grant program administered by the Department of Education.
Sponsor: Rep. Jahana Hayes (D-CT)

H.R.3779
A bill to amend the Higher Education Act of 1965 to direct the Secretary of Education to award institutions of higher education grants for teaching English learners.
Sponsor: Rep. James Langevin (D-RI)

H.R.3789
A bill to authorize the Secretary of Education to make grants to eligible schools to assist such schools to discontinue use of a derogatory or discriminatory name or depiction as a team name, mascot, or nickname, and for other purposes.
Sponsor: Rep. Frank Pallone (D-NJ)

H.R.3797
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 to improve and increase the availability of safe child care facilities, and for other purposes.
Sponsor: Rep. Victoria Spartz (R-IN)

S.1963
A bill to amend the Higher Education Act of 1965 to direct the Secretary of Education to award institutions of higher education grants for teaching English learners.
Sponsor: Senator Catherine Cortez Masto (D-NV)

S.1967
A bill to require the Secretary of Defense to establish a program to carry out minor military construction projects to construct child development centers and to provide education and treatment services for infant and early childhood mental health, and for other purposes.
Sponsor: Senator Kyrsten Sinema (D-AZ)

S.2004
A bill to provide for the basic needs of students at institutions of higher education.
Sponsor: Senator Alex Padilla (D-CA)

S.2020
A bill to amend the Higher Education Act of 1965 to provide student loan deferment for victims of terrorist attacks.
Sponsor: Senator Marco Rubio (R-FL)

S.2029
A bill to prohibit the use of corporal punishment in schools, and for other purposes.
Sponsor: Senator Chris Murphy (D-CT)

S.2035
A bill to prohibit Federal funds from being made available to teach the 1619 Project curriculum in elementary schools and secondary schools, and for other purposes.
Sponsor: Senator Tom Cotton (R-AR)