E-Update for the Week of June 17, 2019

Highlights:

• This week, the House considered on the floor H.R.2740, the “Departments of Labor, Health and Human Services, Education, and Related Agencies Appropriations Act, 2020.” The minibus (a package of multiple bills) is composed of four spending bills, including those for the Departments of Defense, Energy, State, and Related Agencies. The House began consideration of the minibus on June 12 and has voted on several amendments, with only a few pertaining to education funding. The House will continue voting on amendments next week, starting Tuesday, June 18.
• On June 13, POLITICO reported that during a conversation with the President’s Board of Advisors on Historically Black Colleges and Universities (HBCUs), Ben Hobbs, a special assistant to the president on the White House Domestic Policy Council, described that the Trump Administration is exploring how to ensure research grants are able to be accessed by colleges and universities located within opportunity zones.
• On June 11, USED published in the Federal Register a notice of proposed rulemaking on regulations regarding college accreditation. The language within the proposed rule is based on that which was reached by consensus during a negotiated rulemaking committee earlier this year. The proposed rule, according to a summary provided by the Department, would allow for students to know whether occupational licensure programs meet various state requirements; would provide students more options to complete their degree programs in the situation of a college or university closure; and discourages “entrenched interests from trying to close doors to careers through credential inflation.”

Budget and Appropriations:

House creeps through FY2020 Labor/HHS appropriations minibus, final vote likely later this week: This week, the House considered on the floor H.R.2740, the “Departments of Labor, Health and Human Services, Education, and Related Agencies Appropriations Act, 2020.” The minibus (a package of multiple bills) is composed of four spending bills, including those for the Departments of Defense, Energy, State, and Related Agencies. The House began consideration of the minibus on June 12 and has voted on several amendments, with only a few pertaining to education funding. The House will continue voting on amendments next week, starting Tuesday, June 18. It is expected the minibus will ultimately pass the House on a largely partisan vote. The bill text and all amendments considered are here. Floor remarks from House Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Agencies Chairwoman Rosa DeLauro (D-CT) are here.
June 12 – 14, 2019

Shelby continues pursuit of budget caps deal with White House, could deem spending limit after July 4: This week, negotiations continued (see below) around the need to increase overall spending levels to prevent automatic sequestration cuts due to the Budget Control Act of 2011. While conversations continued, CQ reported that Senate Appropriations Committee Chairman Richard Shelby (R-AL) stated that unless there is a budget caps deal soon, the Senate will likely proceed with a deeming resolution to determine topline spending levels for fiscal year (2020) appropriations bills after the July Fourth recess. “If we don’t have a deal when we get back, I would hope that we would start moving our appropriations bills based on a rational number,” stated the Chairman.

On June 12, POLITICO reported that Senate Appropriations Committee Chairman Shelby met with Senate Majority Leader Mitch McConnell (R-KY), White House acting Chief of Staff Mick Mulvaney, acting White House budget director Russ Vought, and U.S. Department of the Treasury Secretary Steven Mnuchin to discuss a spending deal. “We had serious discussions, and we’re making progress on the concepts of where the Senate wants to go and I think where the White House would like to go,” stated Chairman Shelby. The Chairman noted that he has also been in talks with Senate leadership, including Senate Minority Leader Chuck Schumer (D-NY) and Appropriations Committee Ranking Member Patrick Leahy (D-VT), as well as has reached out to House Nancy Pelosi (D-CA).
June 12, 2019

Administration:

U.S. Department of Education (USED):

Trump administration exploring connection between research grants and opportunity zones: POLITICO reported that during a conversation with the President’s Board of Advisors on Historically Black Colleges and Universities (HBCUs), Ben Hobbs, a special assistant to the president on the White House Domestic Policy Council, described that the Trump Administration is exploring how to ensure research grants are able to be accessed by colleges and universities located within opportunity zones. Such zones, as defined by the 2017 Tax Cuts and Jobs Act, are those that are considered to be an economically distressed community or area. “A lot of money is going to flow to Queens, New York, a lot is going to Oakland, California. Your local institution is what’s going to make your towns competitive with those big markets. You really truly need to be fully engaged there,” stated Hobbs. A POLITICO article is here.
June 13, 2019

DeVos speaks positively about Treasury final rule on SALT deductions: U.S. Department of Education (USED) Secretary Betsy DeVos released a statement responding to the U.S. Department of the Treasury’s publishing of a final rule regarding state and local tax deductions. The 2017 Tax Cuts and Job Act set a cap of $10,000 on state and local tax (SALT) deductions. Following enactment, some states developed a process to allow taxpayers to contribute to programs that would receive a state or local credit that could also be deducted from their federal taxes. An initial proposed rule by the Treasury Department aimed to block such efforts by eliminating federal tax benefits for donations that also receive a state tax credit, including donations in some states to scholarship-granting organizations (e.g. organizations that grant school vouchers). According to advocates, the proposed rule could have limited funding for private schools, who rely on private donations as a main source of revenue. The final rule, released this week, will allow taxpayers to potentially continue to deduct a portion of their contributions to state tax-credit scholarship programs.

“We are deeply grateful to the families, donors, non-profits, and state and federal policymakers who raised their voices about the benefits of education freedom and who articulated the unintended consequences of the proposed rule during the public comment process,” stated the Secretary. A Department press release is here. The proposed Treasury Department rule is here.
June 12, 2019

USED publishes proposed HEA rule on college accreditation, based on consensus language from negotiated rulemaking committee: USED published in the Federal Register a notice of proposed rulemaking on regulations regarding college accreditation. The language within the proposed rule is based on that which was reached by consensus during a negotiated rulemaking committee earlier this year. “Reaching consensus on accreditation reform shows that, despite the naysayers, we can work together to rethink higher education, protect students through meaningful accountability, support innovative and diverse educational options, and allow colleges and universities to be more responsive to students’ educational needs and career aspirations,” stated USED Secretary DeVos. The proposed rule, according to a summary provided by the Department, would allow for students to know whether occupational licensure programs meet various state requirements; would provide students more options to complete their degree programs in the situation of a college or university closure; and discourages “entrenched interests from trying to close doors to careers through credential inflation.” The proposed rule is available for public comment until July 12. The proposed rule is here. A Department press release is here.
June 11, 2019

DeVos on SAT adversity scores – ‘ill-conceived’: During an interview with The Wall Street Journal, USED Secretary DeVos commented on the College Board’s recent announcement to include a “disadvantage level” in a student’s SAT profile. “I think that anything that does not recognize students as individuals and treat them on their own merit is ill-conceived and … the downstream effect is not going to be what the original idea or intention is,” stated the Secretary. The Secretary went on to express that there is a need for providing more freedom and opportunity for students in earlier years and not relying on measures to account for a student’s background. The Wall Street Journal article is here.
June 11, 2019

U.S. Department of Justice (DOJ):

DOJ weighs in on Maine school voucher lawsuit, supports plaintiffs pursuit to use funds at religious schools: The Department of Justice (DOJ) filed a statement of interest in support of the plaintiffs in a suit against the state of Maine and its prohibition against using state funds for private religious school tuition. Maine currently allows parents to apply for a state tuition voucher if their district does not operate a secondary school so that parents may choose to send their children to a private school. However, vouchers are prohibited from being used at religious schools. DOJ filed the statement expressing support for the parents and their claim that such a prohibition violates the freedom of religion clause of the First Amendment. “The United States has an interest in the proper interpretation of the Free Exercise Clause, and more generally in enforcing the various protections for religious freedom under the Constitution and federal civil rights laws,” states the filing. The case is currently being considered in the U.S. District Court of Maine. The statement of interest is here. A press release from DOJ is here.
June 10, 2019

Publications (Congressional and Administration):

• On June 12, the Government Accountability Office (GAO) published a report titled, “Sexual Harassment in STEM Research: Preliminary Observations on Policies for University Grantees and Information Sharing among Selected Agencies.” The report examined policies of five federal agencies related to the requiring grantees to report information on sexual harassment within their programs. Key findings of the report include identifying that three agencies (NASA, the National Institutes of Health (NIH), and the National Science Foundation (NSF)) have detailed policies on sexual harassment, including multiple pieces of guidance and policy manuals; that two agencies (NSF and NASA) have modified their terms and conditions of grants to require the reporting of sexual harassment; and that none of the five agencies have yet to evaluate the effectiveness of their policies and procedures for grantees. The full report is here.
• On June 12, Senator Chris Murphy (D-CT) published a report titled, “Are You Getting What You Pay For? A New Proposal for Accountability in Higher Education.” The report is a summary of recommendations and priorities for reauthorization of the Higher Education Act (HEA). Key recommendations include committing to consumer safeguard protections; implementing a new accountability framework based on student success outcomes; applying consequences based upon a spending threshold; preserving access for low-income students; and improving technical assistance and best practice sharing. The full report is here.
• On June 7, the GAO published a report titled, “Child Care and Early Education: Most States Offer Preschool Programs and Rely on Multiple Sources.” The report is a summary of findings from the GAO’s national survey of 86 state early care and education programs. Key findings for the report include identifying that most programs are focused on helping at-risk children become ready for school; that most state programs offered at least one of the same services as federal Head Start programs; and that 55 programs reported using at least one funding source in addition to state funding, while 31 programs reported using at least two sources in addition to state funding. The full report is here.

Upcoming Events (Congressional and Administration):

• On June 19 at 10:00am, the House Veterans Affairs Subcommittee on Economic Opportunity will hold a hearing titled, “Examining Mid-Semester School Closures Impact on Student Veterans.” This oversight hearing will likely focus on how private colleges and career programs impact student veterans when they close unexpectedly. No witnesses have been announced. More information is here.
• On June 19 at 10:15am, the House Education and Labor Committee is holding a full committee hearing titled, “Innovation to Improve Equity: Exploring High-Quality Pathways to a College Degree.” This will be the fifth and last full committee hearing regarding the reauthorization of the Higher Education Act. No witnesses have been announced. More information is here.

Upcoming Events (Outside Organizations):

• On June 17 at 2:30pm, the Alliance for Excellent Education is holding an event titled, “Falling Through the Cracks: Students Without High School.” The event will feature a panel discussion on the 15.4 percent of high school students who do not graduate and the challenges they face that prevent them from a timely graduation. More information and registration are here.
• On June 18 at 12:00pm, Brainwave is holding an event titled, “Stop Running Against the Wind: Make Learning More Effective and Efficient.” The webinar will discuss how brain science can improve instructional practices to make them more effective in reaching all children. More information and registration are here.
• On June 18 at 2:00pm, the Alliance for Excellent Education is holding an event titled, “Leveraging Data and the Cloud While Protecting Student Data Privacy.” The webinar will discuss the benefits of education data and the effective use of technology, while considering the issues of the cloud, data governance, and other risks. More information and registration are here.
• On June 18 at 3:00pm, the Forum for Youth Investment is holding an event titled, “A Thought Leader Conversation with Pam Cantor, MD.” The webinar will feature Dr. Pam Cantor, founder and senior advisor of Turnaround for Children. The webinar will focus on the national ecosystem that is currently being created to support equitable learning environments for students. More information and registration are here.
• On June 20 at 10:00am, FutureEd is holding an event titled, “What Teachers Think: Results from a New International Survey.” The event will focus on the results of the recent Teaching and Learning International Survey (TALIS) for the United States and 47 other countries. More information and registration are here.
• On June 20 at 3:00pm, the National Association of State Boards of Education (NASBE) is holding an event titled, “How Advance Placement Courses Fit within Career and Technical Education Programs.” The webinar will discuss NASBE’s recent partnership with Advance CTE and their work to integrate advance placement courses within career and technical education programs to ensure that students in such programs are prepared for postsecondary education. More information and registration are here.

Legislation:

H.R.3179
A bill to amend the Higher Education Act of 1965 regarding proprietary institutions of higher education in order to protect students and taxpayers.
Sponsor: Rep. Steve Cohen (D-TN)

H.R.3192
A bill to add suicide prevention resources to school identification cards.
Sponsor: Rep. Luis Correa (D-CA)

H.R.3200
A bill to repeal the Gun-Free School Zones Act of 1990 and amendments to that Act.
Sponsor: Rep. Thomas Massie (R-KY)

H.R.3205
A bill to amend title 14, United States Code, to authorize the Secretary of the department in which the Coast Guard is operating, in coordination with the Secretary of Education, to establish programs for the purpose of improving the mathematics and scientific knowledge and skills of elementary and secondary school students and faculty members, and for other purposes.
Sponsor: Rep. Marcy Kaptur (D-OH)

H.R.3220
A bill to amend the Richard B. Russell National School Lunch Act to allow certain institutions to use geographic preference for procurement of certain foods, and for other purposes.
Sponsor: Rep. Chellie Pingree (D-ME)

H.R.3232
A bill to amend the Higher Education Act of 1965 to include certain individuals who work on farms or ranches as individuals who are employed in public service jobs for purposes of eligibility for loan forgiveness under the Federal Direct Loan program.
Sponsor: Rep. Joe Courtney (D-CT)

H.R.3243
A bill to amend the Higher Education Act of 1965 to ensure campus access at public institutions of higher education for religious groups.
Sponsor: Rep. Tim Walberg (R-MI)

H.R.3257
A bill to increase purchasing power, strengthen economic recovery, and restore fairness in financing higher education in the United States through student loan forgiveness, caps on interest rates on Federal student loans, and refinancing opportunities for private borrowers, and for other purposes.
Sponsor: Rep. Karen Bass (D-CA)

H.R.3267
A bill to require institutions of higher education to disclose hazing-related misconduct, and for other purposes.
Sponsor: Rep. Marcia Fudge (D-OH)

H.R.3268
A bill to amend the Higher Education Act of 1965 to allow the Secretary of Education to create a pilot program to award College in High School Pell Grants.
Sponsor: Rep. Marcia Fudge (D-OH)

S.1770
A bill to improve the identification and support of children and families who experience trauma.
Sponsor: Senator Dick Durbin (D-IL)

S.1775
A bill to amend the Higher Education Act of 1965 regarding proprietary institutions of higher education in order to protect students and taxpayers.
Sponsor: Senator Dick Durbin (D-IL)

S.1782
A bill to add suicide prevention resources to school identification cards.
Sponsor: Senator John Kennedy (R-LA)

S.1796
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.1803
A bill to modify the Federal TRIO programs.
Sponsor: Senator Susan Collins (R-ME)

S.1845
A bill to enable borrowers of Federal student loans to refinance those loans at interest rates that are equivalent to the interest rates at which the Federal Government provides loans to banks through the discount window operated by the Federal Reserve System.
Sponsor: Senator Jeff Merkley (D-OR)

S.1851
A bill to amend the Higher Education Act of 1965 to provide Federal Pell Grants to Iraq and Afghanistan veteran’s dependents.
Sponsor: Senator Tim Kaine (D-VA)

S.1855
A bill to amend the Higher Education Act of 1965 to improve college access and college completion for all students.
Sponsor: Senator Chris Coons (D-DE)