E-Update for the Week of March 1, 2021

Highlights:

• On February 27, the House adopted H.R.1319, the “American Rescue Plan Act,” on a largely party line vote of 219-212 – only two Democrats voted against the bill. The Senate is expected t consider the bill this week.
• On February 26, House Appropriations Committee Chairwoman Rosa DeLauro (D-CT) announced that the House will accept requests from Members for “Community Project Funding,” commonly referred to as earmarks.
• On February 25, the Senate cleared a procedural vote on the nomination of Dr. Miguel Cardona to serve as Secretary of the U.S. Department of Education (USED). The Senate voted 66-32 to invoke cloture on the nomination.

Biden Administration:

Nominations:

Cardona nomination goes through procedural vote, final Senate vote expected this week: The Senate cleared a procedural vote on the nomination of Dr. Miguel Cardona to serve as Secretary of the U.S. Department of Education (USED). The Senate voted 66-32 to invoke cloture on the nomination. It is expected the final vote will be held this week. The recorded vote is here.
February 25, 2021

Becerra faces HELP, Finance Committees: The Senate Health, Education, Labor, and Pensions (HELP) Committee held a full Committee hearing on the confirmation of Xavier Becerra, to serve as Secretary of the U.S. Department of Health and Human Services (HHS). The majority of Becerra’s hearing focused on how he would lead the Department in responding to the coronavirus pandemic, however, there were some mentions of how he would support education issues. Becerra urged greater inter-agency coordination between USED and HHS to help provide the necessary guidance and support needed to reopen schools. However, Becerra also said that schools and education are “a local issue,” and that the federal government “should not be the ones making the final decision on how and when a school will reopen.” Becerra also expressed the need to stabilize the child care industry, which he acknowledged has been “some of the hardest hit” during the pandemic. Child care providers are “indispensable to the rest of America that needs to get back to work,” Becerra stated. A statement from Senate HELP Committee Chairwoman Patty Murray (D-WA) is here.

Relatedly, the Senate Finance Committee held a full Committee hearing on Becerra’s nomination. A statement from Senate Finance Committee Chairman Ron Wyden (D-OR) is here. A statement from Ranking Member Mike Crapo (R-ID) is here.
February 23 & 24, 2021

Personnel:

Additional USED appointees announced: USED announced additional political appointees who will be serving in the Department. Key personnel announced include Scott Sargrad, who will serve as Deputy Chief of Staff for the Policy and Programs in the Office of the Secretary; Allie Aguilera, who will serve as Deputy Chief of Staff to the Deputy Secretary; Christian Rhodes, who will serve as Chief of Staff in the Office of Elementary and Secondary Education; Loredana Valtierra, who will serve as Special Assistant in the Office of Planning, Evaluation, and Policy Development; Monique Dixon, who will serve as Deputy Assistant Secretary for Policy in the Office of Civil Rights; Juliana Herman, who will serve as Chief of Staff in the Office of Planning, Evaluation, and Policy Development; and Jordan Matsudaira, who will serve as Deputy Under Secretary. The full announcement is here.
February 25, 2021

HHS names first rounds of political appointees: The U.S. Department of Health and Human Services (HHS) Administration for Children and Families (ACF) announced the appointment of new leadership within the agency. Katie Hamm will serve as the Associate Deputy Assistant Secretary for Early Childhood Development; Jennifer Cannistra will serve as Deputy Assistant Secretary for Policy; and, Dr. Bernadine Futrell will serve as the Director of the Office of Head Start. A full list is here.
February 22, 2021

Executive Actions:

Biden extends national emergency due to pandemic’s continued impacts: President Joe Biden issued an executive notice that extends the national emergency concerning the coronavirus pandemic beyond the March 1, 2021 expiration date. “The COVID-19 pandemic continues to cause significant risk to the public health and safety of the Nation,” stated the notice. The notice does not include a new expiration date for the declared national emergency. The notice is here. A letter to Congress is here.
February 24, 2021

Budget and Appropriations: 

House advances American Rescue Plan, Senate expected to consider relief package this week: The House adopted H.R.1319, the “American Rescue Plan Act,” on a largely party line vote of 219-212 – only two Democrats voted against the bill. The $1.9 trillion package, which is in line with President Biden’s coronavirus relief proposal of the same name, was developed based on reconciliation instructions included in the recently passed budget resolution; therefore, this broader reconciliation bill will only require a simple majority for passage rather than the typical 60-vote threshold in the Senate. The bill includes language adopted by the House Education and Labor Committee, with some adjustments, which would provide $130 billion in relief funding for elementary and secondary schools, $40 billion for higher education, and $40 billion for early childhood education. Now that the House has adopted the bill, the Senate is expected to consider the package this week. However, there could be changes to the package given recent rulings by the Senate parliamentarian – most notably a ruling against the inclusion of a provision that would raise the federal minimum wage to $15 per hour by the year 2025. If the Senate makes changes to the House version of the bill, the House will have to reconsider the package after it is adopted by the Senate. House Majority Leader Steny Hoyer (D-MD) has previously stated that if this were the case the House would consider the revised package the week of March 8. It is the goal of congressional Democrats to complete consideration of the bill before federal unemployment benefits expire on March 14. The bill text adopted by the House is here.

A statement by House Budget Committee Chairman John Yarmuth (D-KY) is here. A statement by House Education and Labor Committee Chairman Bobby Scott (D-VA) is here.
February 27, 2021

House brings back earmarks for 117^th Congress: House Appropriations Committee Chairwoman Rosa DeLauro (D-CT) announced that the House will accept requests from Members for “Community Project Funding,” commonly referred to as earmarks. “Community Project Funding will allow Members to put their deep, first-hand understanding of the needs of their communities to work to help the people we represent,” stated Chairwoman DeLauro. According to the House Appropriations Committee, for the 117^th Congress Member requests must abide by new reforms, including requiring that all Members must post every project request online and they must be searchable; publishing the list of projects funded the same day as a House Appropriations Subcommittee markup or 24 hours before full Committee consideration; requiring that Members certify they or their immediate families have no financial interest in the projects they request; limiting the number of Member requests to 10 projects; banning any project funding for for-profit grantees; and capping the limit on the total funding for all projects, combined, to 1 percent of discretionary spending. It is unclear how these reforms will proceed in the Senate as Senate Appropriations Committee Chairman Patrick Leahy (D-VT) has not made any announcement on the issue. A press release from the House Appropriations Committee is here. An overview of the Community Project Funding is here.
February 26, 2021

Coronavirus Updates (as related to education):

Congress:

House:

Foxx, Owens request information from CCSSO on school reopenings: House Education and Labor Committee Ranking Member Virginia Foxx (R-NC) and Rep. Burgess Owens (R-UT) sent a letter to the Council of Chief State School Officers (CCSSO) requesting information on how states are helping school districts reopen schools, including the monitoring of COVID-19 aid expenditures. In the letter, the Members urge CCSSO to support the reopening of schools by helping “bring together states for collaboration, as well as aid practitioners on the ground, identify common problems, and quickly relay pertinent information to policy makers.” The letter also asks CCSSO to answer some questions on the efforts to reopen schools, including who state education officials are looking to for assistance, and information on how to best reopen; how state education officials are working with district leaders to help create and execute reopening plans; how state education officials are communicating with each other on best practices for reopening; and whether states are monitoring school districts’’ use of appropriated COVID-19 aid “to ensure they are being spent appropriately.” The full letter is here.
February 25, 2021

Administration:

U.S. Department of Education (USED):

Department, USDA send SNAP guidance to colleges: USED and the U.S. Department of Agriculture (USDA) issued joint-guidance for institutions of higher education. The guidance informs institutions of the temporarily expanded Supplemental Nutrition Assistance Program (SNAP) for students in need. “No student should have to worry about where their next meal will come from while balancing their studies. Informing eligible students of these benefits can help ease that uncertainty,” stated acting Assistant Secretary for Postsecondary Education Michelle Asha Cooper. According to USED, the guidance encourages institutions to coordinate with campus stakeholders so that eligible students are notified of the SNAP benefit. A press release is here. The guidance is here.
February 23, 2021

USED will allow states to waive accountability systems, still require administration of statewide assessments this year: On February 22, USED sent a letter to state education chiefs with new guidance related to administering statewide assessments this year. In the letter, the Department emphasized “the importance of flexibility” in administering assessments this year, and informed states of options and requirements related to statewide summative assessments and accountability systems (as required by ESSA). The letter states that though the Department is not inviting blanket waivers of assessments, it does invite all states to seek waivers for accountability and school identification requirements under ESSA. Additionally, the Department notes that it does “not believe that if there are places where students are unable to attend school safely in person…that they should be brought into school buildings for the sole purpose of taking a test.” The Department also outlines flexibilities that states should explore in order to administer summative assessments this year in light of the pandemic’s impacts. Such flexibilities include shortening the assessment; administering the assessment remotely; and extending the testing window “to the greatest extent possible.” Lastly, the Department encourages states to specifically extend the testing windows for English language proficiency (ELP) assessments, including beyond this school year, and expresses that if states need additional assessment flexibility, the Department will work with states to address their “individual needs and conditions.” The Department’s letter is here. A press release is here.

A joint statement from House Education and Labor Committee Chairman Bobby Scott (D-VA) and Senate Health, Education, Labor and Pensions Chairwoman Patty Murray (D-WA) is here. A statement from House Education and Labor Committee Ranking Member Virginia Foxx (R-NC) is here.
February 22, 2021

Non-Coronavirus Updates:

Congress:

Senate:

Duckworth, Casey, Hassan seek information on child care centers supporting children, families with disabilities: Senators Tammy Duckworth (D-IL), Bob Casey (D-PA), and Maggie Hassan (D-NH) sent a letter to the Government Accountability Office (GAO) requesting that a study of the “barriers parents and children with disabilities face in accessing child care.” The Senators wrote that, “families with children with disabilities face an uphill battle securing child care that meets the developmental needs of their children. Similarly, parents with disabilities face challenges accessing or effectively communicating with child care providers and services.”  In their request, the Senators urge GAO to assess what is known about the barriers to accessible child care facilities and services for children with disabilities; what steps child care facilities are taking to overcome such barriers; what federal oversight and technical assistance is currently conducted to support child care providers to serve children with disabilities; and what costs and necessary steps are needed to fund implementation of upgrades to child care facilities to improve accessibility. The full letter is here. A press release is here.
February 25, 2021

House:

House once again adopts Equality Act, Senate path unclear: The House adopted H.R. 5, the “Equality Act” on a bipartisan vote of 224-206. Three Republican members joined the entire Democratic caucus in supporting the bill’s passage. The bill, if adopted by the Senate and signed into law, would expand discrimination protections for LGBTQ+ individuals by amending current civil rights protections to include gender identity and sexual orientation as protected identities. It is unclear when the Senate will consider the bill. A statement by Speaker of the House Nancy Pelosi (D-CA) is here. A statement by House Majority Leader Steny Hoyer (D-MD) is here. A statement by House Education and Labor Committee Chairman Bobby Scott (D-VA) is here. A statement by Committee Ranking Member Virginia Foxx (R-NC) is here.
February 25, 2021

Administration:

U.S. Department of Education (USED):

OCR rescinds Trump Administration action against Connecticut related to inclusive transgender athletes policy: The USED Office of Civil Rights (OCR) sent a letter to Connecticut and the Connecticut Interscholastic Athletic Conference (CIAC) informing both parties that it is withdrawing its previous letter of impending enforcement action. The Office, under the previous Administration, had informed the parties that the CIAC policy which allows transgender student-athletes to participate in gendered sports leagues that match their gender identity, was in violation of Title IX. The Office in its most recent letter, however, states that the “Department has determined that the [previous letter] was issued without the review required” and that the previous letter is in contradiction with President Biden’s Executive Order titled, “Preventing and Combatting Discrimination on the Basis of Gender Identity or Sexual Orientation.” The full letter is here.
February 23, 2021

U.S. Supreme Court and Federal Courts:

Group requests SCOTUS to consider case to challenge race-informed admission decisions: Students for Fair Admissions (SFFA) submitted a writ of certiorari to the U.S. Supreme Court requesting that the Court consider its suit against Harvard University related to the institution’s use of race-informed admission decisions. Specifically, SFFA has requested the Court to overturn its ruling in Grutter v. Bollinger, which related to the use of affirmative action in college admissions. A POLITICO article is here. (Note: A subscription to POLITICO Pro is required.)
February 25, 2021

SCOTUS to hear challenge to Trump Administration public charge rule: The U.S. Supreme Court announced that it will hear a case which challenges the former Administration’s U.S. Department of Homeland Security (DHS) “public charge” rule. A “public charge” refers to whether a person is likely to be dependent on certain public benefits program and DHS had previously published a final rule that expanding consideration of public benefits programs to include cash benefits, SNAP, most forms of Medicaid, Section 8 Housing Assistance, Section 8 Project-Based Rental Assistance, and certain forms of subsidized housing. It is expected that the Biden Administration will rescind the final rule prior to the Court hearing the case. If this happens then it is likely that the Court could rescind or dismiss for mootness. A CQ article is here.
February 22, 2021

Upcoming Events (Congressional and Administration):

• On March 3 at 9:00 am, the National Advisory Committee on Institutional Quality and Integrity (NACIQI) will hold a meeting. More information and registration are here.
• On March 9 at 9:00 am, the Senate Judiciary Committee will hold a full Committee hearing on the nominations of Lisa Monaco to serve as Deputy Attorney General of the U.S. Department of Justice (DOJ) and Vanita Gupta to serve as Associate Attorney General. More information is here.

Upcoming Events (Outside Organizations):

• On March 1 at 3:30 pm, the Brookings Institute will hold an event titled, “The business case for expanding apprenticeships: Federal and employer perspectives.” The webinar will focus business leaders and the impact that apprenticeships have had on their organizations, what the benefits and costs are of apprenticeships, and how apprenticeships can be used to advance equity and inclusion goals in industries. More information and registration are here.
• On March 2 at 2:00 pm, the Hunt Institute will hold an event titled, “Early Efforts: Supporting Elementary Principals as Early Childhood Leaders.” The webinar will focus on how elementary school principals can serve as critical early childhood leaders, and how principals can be supported when they do not come from early childhood backgrounds. More information and registration are here.
• On March 3 at 1:00 pm, the Atlantic will hold an event titled, “The State of Education: Rebuilding a More Equitable System.” The webinar will focus on how the pandemic has impacted the nation’s education system and what innovative solutions can be implemented to create an equitable learning environment for all students. The event will feature Mildred Garcia, of the American Association of State Colleges and Universities; Adam Harris, of the Atlantic; John B. King, of the Education Trust; Sonja Santelises, of Baltimore City Schools; and Susan Saulny, of AtlanticLIVE. More information and registration are here.
• On March 3 at 4:00 pm, the American Enterprise Institute (AEI) will hold an event titled, “The next conservative higher education agenda.” The webinar will focus on how conservatives can advance a new vision for higher education, especially as the pandemic has prompted many to look for alternatives to traditional college. More information and registration are here.
• On March 4 at 10:00 am, the Bipartisan Policy Center (BPC) will hold an event titled, “The State of Higher Education Finances in 2021.” The webinar will discuss how the pandemic has financially impacted institutions of higher education and how the outlook for the higher education system looks into 2021 and beyond. More information and registration are here.

Publications (Congressional and Administration):

• On February 25, the Institute of Education Sciences (IES) published a report titled, “Digest of Education Statistics, 2019.” The Digest provides a compilation of statistical information covering the broad field of education from prekindergarten through graduate school, and contains data on a variety of topics, including the number of schools and colleges, teachers, enrollments, and graduates, in addition to educational attainment, finances, and federal funds for education, libraries, and international comparisons. Key findings of the report include that overall public school enrollment rose 28 percent from 1985 to 2019, while private school enrollment decreased from 12 percent in 1985 to 10 percent in 2019; that before the COVID-19 pandemic, IES projected near-record levels of total public elementary and secondary school enrollment from 2019 to 2029 (though these projections are now subject to revision, as the impact of the pandemic remains unknown); and that, when adjusted for inflation, the average salary for public school teachers in 2018-19 was actually 1 percent lower than in 1990-91. The full report is here.
• On February 25, IES published a report titled, “State and District Use of Title II, Part A Funds in 2018-19.” The report describes the use of flexibilities provided under the Every Student Succeeds Act (ESSA) for states and districts in how they use Title II, A funds, and provides a national picture of state and district priorities for Title II, A funds in the 2018–19 school year. Key findings of the report include that districts most often used Title II, A funds to provide professional development; that other common uses included reducing class sizes and recruiting and retaining effective teachers and principals; and that half of the states and a quarter of districts used the new flexibility provided under ESSA, which allows states and districts to move funds between Title II, A and Title I, A or Title IV, A. The full report is here.
• On February 24, IES published a report titled, “Study of College Transition Messaging in GEAR UP: Impacts on Enrolling and Staying in College.” The report presents results from a rigorous, random assignment evaluation with about 4,800 college-intending seniors in high-need high schools participating in the federal college access Gaining Early Awareness and Readiness for Undergraduate Programs (GEAR UP). Key findings of the report include that students who were sent text messages customized to their college and received interactive advice were no more likely to enroll or persist in college than were students who were not sent messages; and that these messages also did not affect whether students completed the Free Application for Federal Student Aid (FAFSA). The full report is here.
• On February 22, the CDC published a report titled, “Clusters of SARS-CoV-2 Infection Among Elementary School Educators and Students in One School District – Georgia, December 2020 – January 2021.” The report presents finding from an investigation of COVID-19 transmission in a Georgia school district during December 1, 2020 to January 22, 2021, which identified nine clusters of COVID-19 cases involving 13 educators and 32 students at six elementary schools. Key findings from the report include identifying that educators might play a central role in in-school transmission networks; and that preventing COVID-19 infections through multifaceted school mitigation measures and vaccination of educators is a critical component of preventing in-school transmission. The full report is here.

Publications (Outside Organizations):

• On February 24, Third Way published a report titled, “Child Care in Crisis.” The report examines the two “existential” problems that currently face the child care industry, including high costs and barriers to access for many families, and low wages and unstable work conditions for providers. Key findings from the report include identifying that 35 states have seen an increase in the share of parents dropping out of the workforce for child care related reasons; that, as a result of the COVID-19 pandemic, child care costs have increased an average of 47 percent for licensed child care centers and 70 percent for home-based care centers, as a result of intensified health and safety measures; and that as of July, child care industry employment was only 79 percent of its pre-pandemic size, meaning that 1-in-5 jobs were gone. The full report is here.
• On February 22, the Center for American Progress (CAP) published a report titled, “6 Ways To Ensure Preschool Contributes to an Equitable Early Childhood System.” The report argues that the federal government should create a “world-class voluntary universal preschool program” that addresses racial and other inequities, and outlines six key components for a preschool program that would also support a strong, equitable birth to age 5 system. Key recommendations include designing a system for preschool to be delivered in multiple settings, including family child care; investing in infants and toddlers; and supporting Head Start to continue to expand to serve more preschoolers and their families. The full report is here.

Legislation:

H.R.1197
A bill to amend the Higher Education Act of 1965 to establish the Honorable Augustus F. Hawkins Centers of Excellence, and for other purposes.
Sponsor: Rep. Ruben Gallego (D-AZ)

H.R.1213
A bill to require elementary schools and secondary schools to provide an option for safe, in-person attendance during school years 2020-2021 and 2021-2022.
Sponsor: Rep. Rick Allen (R-GA)

H.R.1222
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-TX)

H.R.1234
A bill to end the use of corporal punishment in schools, and for other purposes.
Sponsor: Rep. Alcee Hastings (D-FL)

H.R.1241
A bill to improve the full-service community school program, and for other purposes.
Sponsor: Rep. Mondaire Jones (D-NY)

H.R.1247
A bill to amend the Child Abuse Prevention and Treatment Act to include an act of unregulated custody transfer in the definition of child abuse and neglect, and for other purposes.
Sponsor: Rep. James Langevin (D-RI)

H.R.1263
A bill to limit Federal funding for institutions of higher education that have partnerships with the People’s Republic of China, and for other purposes.
Sponsor: Rep. Elise Stefanik (R-NY)

H.R.1372
A bill to prohibit States from suspending, revoking, or denying State-issued professional licenses or issuing penalties due to student default.
Sponsor: Rep. Deborah Ross (D-NC)

H.R.1379
A bill to amend the Child Abuse Prevention and Treatment Act to ensure protections for lesbian, gay, bisexual, and transgender youth and their families.
Sponsor: Rep. David Scott (D-GA)

S.342
A bill to advance STEM education, provide for improved worker training, retention, and advancement, and for other purposes.
Sponsor: Senator Catherine Cortez-Masto (D-NV)

S.346
A bill to end preventable maternal mortality and severe maternal morbidity in the United States and close disparities in maternal health outcomes, and for other purposes.
Sponsor: Senator Cory Booker (D-NJ)

S.347
A bill to improve the collection and review of maternal health data to address maternal mortality, serve maternal morbidity, and other adverse maternal health outcomes.
Sponsor: Senator Tina Smith (D-MN)

S.383
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.385
A bill to improve the full-service community school program, and for other purposes.
Sponsor: Senator Sherrod Brown (D-OH)

S.396
A bill to promote registered apprenticeships, including registered apprenticeships within in-demand industry sectors, through the support of workforce intermediaries, and for other purposes.
Sponsor: Senator Chris Coons (D-DE)

S.397
A bill to amend the Child Abuse Prevention and Treatment Act to include an act of unregulated custody transfer in the definition of child abuse and neglect, and for other purposes.
Sponsor: Senator Amy Klobuchar (D-MN)

S.423
A bill to direct the Secretary of Health and Human Services to establish a grant program to protect vulnerable mothers and babies from climate change risks, and for other purposes.
Sponsor: Senator Ed Markey (D-MA)

S.447
A bill to amend the Internal Revenue Code of 1986 to allow a credit against tax for qualified elementary and secondary education tuition.
Sponsor: Senator Marco Rubio (R-FL)

S.457
A bill to establish a grant program for innovative partnerships among teacher preparation programs, local educational agencies, and community-based organizations to expand access to high-quality tutoring in hard-to-staff schools and high-need schools, and for other purposes.
Sponsor: Senator Cory Booker (D-NJ)