E-Update for the Week of June 24, 2019

Highlights:

• On June 20, USED published final guidance on the Every Student Succeeds Act “supplement, not supplant” school funding provision. The statutory requirement compels school districts and states to ensure that federal funds are not used in place of state and local funds, but instead are used in addition to federal funding. The Department previously released draft guidance on the provision, outlining how states can illustrate their funding formulas comply with the statute.
• On June 19, the House passed the fiscal year (FY) 2020 appropriations minibus (a package of multiple bills) on a partisan vote of 226-203. The minibus contained the appropriations bill for the Departments of Labor, Health and Human Services, Education, and Related Agencies, amongst others. There were hundreds of floor amendments that were considered on the package before a final vote, resulting in only minor changes to the U.S. Department of Education (USED).
• On June 19, the House Education and Labor Committee held a hearing titled, “Innovation to Improve Equity: Exploring High-Quality Pathways to a College Degree.” The hearing was the Committee’s fifth and final bipartisan hearing on the Higher Education Act (HEA).

Every Student Succeeds Act (ESSA):

USED publishes final Supplement, Not Supplant guidance: USED published final guidance on the Every Student Succeeds Act “supplement, not supplant” school funding provision. The statutory requirement compels school districts and states to ensure that federal funds are not used in place of state and local funds, but instead are used in addition to federal funding. The Department previously released draft guidance on the provision, outlining how states can illustrate their funding formulas comply with the statute. “This proposal does not change the legal obligations school districts have to make appropriate investments in education. It simply makes clear that a school district has significant flexibility in how it demonstrates compliance with the law,” stated USED Secretary DeVos. Largely, the guidance outlines that a school district need only show that its methodology to allocate state and local resources to schools does not consider a school’s Title I status, otherwise known as “Title I neutral.” The final guidance is here. A summary response to the public comments is here. A press release is here.
June 20, 2019

Budget and Appropriations:

House passes first FY20 appropriations package, includes Labor/HHS: The House passed the fiscal year (FY) 2020 appropriations minibus (a package of multiple bills) on a partisan vote of 226-203. The minibus contained the appropriations bill for the Departments of Labor, Health and Human Services, Education, and Related Agencies, amongst others. There were hundreds of floor amendments that were considered on the package before a final vote, resulting in only minor changes to the U.S. Department of Education (USED). Such changes include a $6 million reduction to the USED program administration account to offset increases in funding for the American History and Civics National Activities program, National Center for College Students with Disabilities, and the Office of the Inspector General. The bill has already received a veto threat from President Donald Trump and it is unlikely the Senate will consider funding levels at similar levels to those contained in the House appropriations bill. The bill is here. A press release from House Appropriations Chairwoman Nita Lowey (D-NY) is here. A press release from Ranking Member Kay Granger (R-TX) is here. A press release from House Education and Labor Committee Chairman Bobby Scott (D-VA) is here.

Relatedly, Senate Appropriations Committee Chairman Richard Shelby (R-AL) stated that if there is no budget caps deal reached by July 1 the Senate would move forward with a deeming resolution to identify topline spending levels and then move forward with its appropriations process for FY2020. The Chairman indicated that such deemed toplines will not result in “final numbers” for appropriations bills but would allow for the Senate to make progress.
June 18 & 19, 2019

Budget deal negotiations reach stand still, divisions between White House, Republicans and Democrats persist: The Wall Street Journal reported that budget deal negotiations between congressional leaders and the White House have stalled, again. According to House Minority Leader Kevin McCarthy (R-CA), Democrats and Republicans are “further apart” after a meeting on Wednesday, with the main point of contention being over domestic discretionary spending levels. U.S. Department of the Treasury Steven Mnuchin indicated the White House is interested in raising the debt ceiling and is prepared to do a one-year increase in addition to a one-year continuing resolution (CR). The debt ceiling is likely to be reached in early fall if no increase is adopted prior.
June 19, 2019

Congress:

Senate:

Senate Democrats urge College Board to revise definition of ‘cost of attendance’: Senator Brian Schatz (D-HI) and 13 other Senate Democrats sent a letter to the College Board urging the organization to revise its definition of cost of attendance when publishing information on colleges and universities. The Senators argue that the current description “[underestimates] the current state of college prices” as it does not include costs such as textbooks, supplies, and transportation. Additionally, the Senators urge the College Board to report the entire cost of a degree, not just a single year of tuition at each college and university. The full letter is here.
June 20, 2019

Warren, Casey urge congressional leaders to increase investments in child care: Senators Elizabeth Warren (D-MA) and Bob Casey (D-PA), amongst others, sent a letter to congressional leadership urging them to provide “significant funding” for child care, affordable housing, and clean energy when negotiating a budget caps deal. “High-quality, affordable child care helps parents get and keep a job, gives children a strong start, and strengthens our economy in both the short- and long-term,” wrote the Senators. The full letter is here. A press release is here.
June 18, 2019

House:

Ways and Means completes mark-up of tax credit bills, expands child care funding: The House Ways and Means Committee held a mark-up of a series of bills related to various tax credit programs. Included in the mark-up were H.R.3300, the “Economic Mobility Act of 2019,” which expands the Earned Income Tax Credit for childless workers and expands refundability of the child tax credit, and H.R.3298, the “Child Care Quality and Access Act of 2019,” which increases funding for the child care entitlement funding under the Social Security Act. Both bills were reported favorably out of Committee on a voice vote. A recording of the mark-up is here. A statement by Committee Chairman Richard Neal (D-MA) is here.
June 20, 2019

Education and Labor holds last HEA hearing, focuses on innovative solutions to college completion: The House Education and Labor Committee held a hearing titled, “Innovation to Improve Equity: Exploring High-Quality Pathways to a College Degree.” The hearing was the Committee’s fifth and final bipartisan hearing on the Higher Education Act (HEA). Democrats, led by Committee Chairman Bobby Scott (D-VA) were largely focused on the rising cost of attendance for college in concert with the increased state divestment from higher education underlining the importance of innovative solutions that allow students to complete a college degree sooner and more economically. The Chairman highlighted the importance of wraparound support programs for students including career counseling, financial assistance, employment support, and high school dual-enrollment programs.” The Chairman discussed how online courses and competency-based education programs can also serve as critical solutions to degree completion but underscored that outcomes from such programs are not equal for all students. Republicans, led by Ranking Member Virginia Foxx (R-NC) focused on competency-based education, dual-enrollment, and apprenticeship programs as examples of innovative solutions. Both sides of the aisle expressed the importance of continuing to find innovative solutions to the rising cost of college, while ensuring the success for all students. Chairman Scott’s opening statement is here. Ranking Member Foxx’s opening statement is here. A recording of the hearing, as well as witness testimonies, is here.
June 19, 2019

Budget Committee explores challenges to poverty in America: The House Budget Committee held a hearing titled, “Poverty in America: Economic Realities of Struggling Families.” The hearing focused on the nearly 40 million people who live in poverty in the United States and the challenges they face in overcoming economic hardship. Democrats, led by Committee Chairman John Yarmuth (D-KY), focused on the need for an increase in the federal minimum wage and efforts to support overall wage growth. Republicans, led by Ranking Member Steve Womack (R-AR), focused on the importance of a strong economy as a means to addressing poverty as well as the impact that the 2017 Tax Cuts and Jobs Act has had, specifically discussing the increase in average hourly earnings. Chairman Yarmuth’s opening statement is here. Ranking Member Womack’s opening statement is here. A recording of the hearing is here.
June 19, 2019

Administration:

White House:

Trump issues EO to slash federal advisory committees: President Donald Trump signed an Executive Order (EO) requiring all federal departments and agencies to “terminate at least one-third” of their current advisory committees that are not required by statute. Further, the EO places a cap on all advisory committees to total no more than 350, and if such limit is reached no new advisory committee may be created. The EO is here.
June 14, 2019

U.S. Department of Education (USED):

USED releases revised handbook for college accreditors seeking federal recognition: USED published a revised handbook for college accreditors. The new handbook is 60 pages shorter than the former handbook and is intended to provide accreditors a clearer understanding of the requirements to receive federal recognition, including which documentation and evidence accreditors will be expected to produce for the Department. “The current process for recognizing accreditors generates accreditor applications that are tens of thousands of pages long, but it does little to improve the quality of education for students,” stated USED Secretary Betsy DeVos. The new handbook is here. A press release is here.
June 20, 2019

Publications (Congressional and Administration):

• On June 18, the Government Accountability Office (GAO) published a report titled, “Education Should Take Immediate Action to Address Inaccuracies in Federal Restraint and Seclusion Data.” The report examined the USED definitions and guidance on restraint and seclusion for students in K-12 schools. Key findings of the report include identifying that while 70 percent of districts self-reported zero incidents of restraint and seclusion, many incidents were not report; that nine districts reported incorrectly; and recommended that USED take immediate action to clarify reporting requirements and to follow-up with districts who reported zero incidents to ensure accuracy of such reports. The full report is here. A press release from Senate Health, Education, Labor, and Pensions (HELP) Committee Ranking Member Patty Murray (D-WA) and House Appropriations Labor/HHS Subcommittee Chairwoman Rosa DeLauro (D-CT) is here. A press release from House Education and Labor Committee Chairman Bobby Scott (D-VA) is here.

Upcoming Events (Congressional and Administration):

• On June 25 at 10:15am, the House Education and Labor Committee is holding a hearing titled, “Do No Harm: Examining the Misapplication of the Religious Freedom Restoration Act.” No witnesses for the hearing have yet been announced. More information will be posted here.
• On June 26 at 10:15am, the House Education and Labor Subcommittee on Health, Employment, Labor, and Pensions is holding a hearing titled, “Standing with Public Servants: Protecting the Right to Organize.” No witnesses for the hearing have yet been announced. More information will be posted here.
• On June 25 at 10:00am, the House Ways and Means Subcommittee on Select Revenue Measures is holding a hearing titled, “How Recent Limitations to the SALT (State and Local Tax) Deduction Harm Communities, Schools, First Responders, and Housing Values.” The 2017 Tax Cuts and Job Act set a cap of $10,000 on SALT deductions. No witnesses for the hearing have yet been announced. More information will be posted here.

Upcoming Events (Outside Organizations):

• On June 24 at 4:00pm, the Institute for College Access and Success (TICAS) is holding an event titled, “What to do About Pell: Key Topics for Strengthening and Securing the Pell Grant Program.” The briefing will focus on questions surrounding the student aid program, including if the program should be extended to incarcerated students; should be extended to DACA and DACA eligible students; and how to increase the purchasing power of Pell Grants. More information and registration are here.
• On June 25 at 2:00pm, Afterschool Alliance is holding an event titled, “Making the Most of Middle School Career Exploration in CTE.” The event will focus on how the new Perkins Career and Technical Education (CTE) reauthorization emphasizes middle grades, and how states and districts can leverage the law to improve middle school career exploration programs and efforts. More information and registration are here.
• On June 25 at 2:00pm, the School Superintendents Association (AASA) is holding an event titled, “Improving School Safety: Policy Trends, Assessment and Prevention.” The event is in partnership with WestEd and will focus on what evidence is available to inform school and district leaders as they attempt to prevent school tragedies and violent incidents. More information and registration are here.
• On June 27 at 6:30pm, the American Enterprise Institute (AEI) is holding an event titled, “Education policy debate: The right direction on Title IX sexual harassment regulations?” The panel discussion will focus on the Trump administration’s proposed regulation on Title IX, as it relates to sexual harassment prevention and investigation. The discussion will compare the Trump regulations to the guidance offered by the Obama administration. More information and registration are here.

Legislation:

H.R.3298
A bill titled the “Child Care Quality and Access Act of 2019.”
Sponsor: Rep. Danny Davis (D-IL)

H.R.3308
A bill titled, the “Building STEAM Education Act of 2019.”
Sponsor: Rep. Suzanne Bonamici (D-OR)

H.R.3315
A bill titled, the “Universal Child Care and Early Learning Act.”
Sponsor: Rep. Debra Haaland (D-NM)

H.R.3322
A bill to provide for grants for energy efficiency improvements and renewable energy improvements at public school facilities.
Sponsor: Rep. David Loebsack (D-IA)

H.R.3334
A bill to expand access to graduate education by amending the Federal Pell Grant program to include postbaccalaureate study.
Sponsor: Rep. Ann Kuster (D-NH)

H.R.3353
A bill to amend the Higher Education Act of 1965 to include Parent PLUS loans in income-contingent and income-based repayment plans, and for other purposes.
Sponsor: Rep. Marcia Fudge (D-OH)

H.R.3354
A bill to amend the Higher Education Act of 1965 to provide for comprehensive student achievement information.
Sponsor: Rep. Marcia Fudge (D-OH)

H.R.3366
A bill to amend the Richard B. Russell National School Lunch Act to prohibit the stigmatization of children who are unable to pay for school meals, and for other purposes.
Sponsor: Rep. Ilhan Omar (D-MN)

H.R.3368
A bill to establish a tax credit for on-site apprenticeship programs, and for other purposes.
Sponsor: Rep. Linda Sanchez (D-CA)

H.R.3378
A bill to amend the Richard B. Russell National School Lunch Act to establish a permanent, nationwide summer electronic benefits transfer for children program.
Sponsor: Rep. Susan Davis (D-CA)

H.R.3381
A bill to amend the Higher Education Act of 1965 to increase transparency and reporting on campus sexual violence, and for other purposes.
Sponsor: Rep. Jackie Speier (D-CA)

H.R.3391
A bill to amend the Higher Education Act of 1965 to provide for in-State tuition rates for refugees and asylees.
Sponsor: Rep. Jared Huffman (D-CA)

S.1878
A bill titled the “Universal Child Care and Early Learning Act.”
Sponsor: Senator Elizabeth Warren (D-MA)

S.1888
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: Senator Rob Portman (R-OH)