E-Update for the Week of March 11, 2019

Highlights:

• On March 11, the Office of Management and Budget (OMB) is expected to release the fiscal year (FY) 2020 President’s Budget Request. The request will be released in two parts, with the second portion being released the week of March 18. It is expected the first section will include the request summary and departmental budget requests. Additionally, on March 11 at 2:30 pm, the U.S. Department of Education (USED) will be holding a briefing on the FY2020 President’s Budget Request, as it relates to the Department’s budget and priorities. The briefing will be held in the Potomac Center Plaza Auditorium located at 550 12th Street SW, Washington, DC.
• On March 7, a judge for the U.S. District Court for the District of Columbia ruled that USED violated the Administrative Procedure Act when it delayed the Obama-era significant disproportionality rule. Judge Tanya Chutkan ruled the Department failed to provide a reasoned explanation and did not consider costs of the delay when making its decision to delay the rule.
• On March 1, House Appropriations Committee Chairwoman Nita Lowey (D-NY) sent a Dear Colleague Letter to her fellow Members of Congress announcing that she will not be pursuing the revival of earmarks, or “Congressionally-directed spending,” for FY2020. Relatedly, Senate Appropriations Chairman Richard Shelby (R-AL) responded to Chairwoman Lowey’s comments and described the Senate would not be pursuing earmarks either.

Budget & Appropriations:

President to release first portion of FY20 budget request Monday, USED holds budget briefing: The Office of Management and Budget (OMB) is expected to release the fiscal year (FY) 2020 President’s Budget Request. The request will be released in two parts, with the second portion being released the week of March 18. It is expected the first section will include the request summary and departmental budget requests. The request will be posted here when released.

Additionally, on March 11 at 2:30 pm, the U.S. Department of Education (USED) will be holding a briefing on the FY2020 President’s Budget Request, as it relates to the Department’s budget and priorities. The briefing will be held in the Potomac Center Plaza Auditorium located at 550 12th Street SW, Washington, DC. The briefing will be webcast here. Budget documents will be posted here.
March 11, 2019

Enzi to introduce ‘realistic’ 5-year budget proposal: Senate Budget Committee Chairman Mike Enzi (R-WY) stated to Roll Call that he plans to introduce a “realistic” FY2020 budget, which will be for five-years and will not attempt to balance the budget or eliminate any deficit. “I’m planning on doing a realistic budget, not a gimmick budget, and I’m hoping that that will lead then to some budget process reform that will get us back on track, reduce spending,” stated the Chairman. The Roll Call article is here.
March 8, 2019

House Majority Leader expects House to pass all 12 appropriations bills by June 30: The House Budget Committee held a hearing titled, “Fiscal Year 2020 Budget: Members’ Day.” The hearing featured over 20 Members of Congress, who all expressed their priorities as they relate to the FY2020 budget. During the hearing, House Majority Leader Steny Hoyer (D-MD) testified and described his goal to pass all 12 appropriations bills by June 30. “I have reserved all of June to pass every appropriation bill by June 30,” stated the Majority Leader. He also described having ongoing conversations with Senate Republicans and Democrats to determine how to best move forward on a budget deal, in which he would advocate for increased spending caps. A recording of the hearing is here.
March 6, 2019

Lowey a no on earmarks for FY20: House Appropriations Committee Chairwoman Nita Lowey (D-NY) sent a Dear Colleague Letter to her fellow Members of Congress announcing that she will not be pursuing the revival of earmarks, or “Congressionally-directed spending,” for FY2020. “I am a strong proponent of Congressionally-directed spending and believe it is imperative that Congress exercise its constitutional responsibility in determining how and where taxpayer dollars that we appropriate are spent,” wrote the Chairwoman. “Unfortunately, there is currently not the necessary bipartisan, bicameral agreement to allow the Appropriations Committee to earmark.” Relatedly, Senate Appropriations Chairman Richard Shelby (R-AL) responded to Chairwoman Lowey’s comments and described the Senate would not be pursuing earmarks either. “I would listen to meritorious things, but I don’t see that happening right now. The House has just spoken,” Chairman Shelby stated.
March 1, 2019

Congress:

Murray, Davis to USED: Fix ‘failures’ with overseeing student loan servicers: Senate Health, Education, Labor, and Pensions (HELP) Committee Ranking Member Patty Murray (D-WA) and Rep. Susan Davis (D-CA) sent two letters to U.S. Department of Education (USED) Secretary Betsy DeVos regarding a recent USED Office of Inspector General (OIG) report on the Department’s “internal failures… to appropriately oversee student loan servicers” and a request for more information on the Department’s existing compliance system and oversight measures. “The OIG’s findings are clear evidence that the Department has let student loan servicers off the hook to the detriment of borrowers and taxpayers alike. The Department must immediately address severe shortcomings in its oversight and appropriately enforce compliance requirements with all contractors that receive taxpayer funding for servicing activities,” wrote the Congresswomen. A press release is here. The letter requesting the Department address the OIG recommendations is here. The letter requesting more information about the Department’s existing systems is here.
March 5, 2019

House:

DeLauro considers student loan servicing to be in ‘crisis’: The House Appropriations Subcommittee for Labor, Health and Human Services, Education, and Related Agencies (Labor/HHS) held a subcommittee hearing titled, “Protecting Student Borrowers: Loan Servicing Oversight.” The hearing focused on the current state of student loan borrowing, the impacts of student loan servicers, and efforts of USED to monitor and enforce consumer protections. The hearing featured Byron Gordon, Assistant Inspector General for Audit in the USED Office of Inspector General. In her opening remarks, Subcommittee Chairwoman Rosa DeLauro (D-CT) stated there is a “student loan crisis” and “we are facing a student loan servicing crisis.” A recording of the hearing is here. Chairwoman DeLauro’s opening remarks are here.
March 6, 2019

Administration:

White House:

Trump calls on colleges to ‘support free speech’: President Donald Trump delivered remarks to the Conservative Political Action Conference (CPAC) annual meeting. During his remarks, the President indicated he would be signing an executive order that would require colleges and universities to “support free speech.” The President referred to Hayden Williams, who was assaulted while recruiting for Turning Point USA on the University of California-Berkley campus. “If they want our dollars, and we give it to them by the billions, they’ve got to allow people like Hayden and many other great young people, and old people, to speak. And if they don’t, it will be very costly,” stated the President. The President’s full remarks are here.
March 2, 2019

U.S. Department of Education (USED):

District Court judge rules against USED on significant disproportionality delay: On March 7, a judge for the U.S. District Court for the District of Columbia ruled that USED violated the Administrative Procedure Act when it delayed the Obama-era significant disproportionality rule. Judge Tanya Chutkan ruled the Department failed to provide a reasoned explanation and did not consider costs of the delay when making its decision to delay the rule. The significant disproportionality rule requires that states and districts must take action to ensure minority students with disabilities are not over or underrepresented in special education. The District Court ruling results in immediate implementation of the rule. The full ruling is here. A statement by House Education and Labor Committee Chairman Bobby Scott (D-VA) is here.
March 7, 2019

DeVos continues to push Education Freedom Scholarship program: USED Secretary DeVos called into the “Tony Katz Today” radio show hosted in Indianapolis, Indiana. During her call, the Secretary described the recently announced Education Freedom Scholarships. “This is about expanding options and opportunities for all kids,” stated the Secretary. The full interview is here.
March 6, 2019

DeVos appoints new Federal Student Aid director: USED Secretary DeVos announced she appointed Mark A. Brown to serve as the chief operating officer of the office of Federal Student Aid (FSA). “He comes to us with more than 32 years of military service and brings a deep understanding of large-scale organizational leadership and complex financial processes, as well as a sense of duty to America’s students,” stated the Secretary. Brown is a retired major general with the U.S. Air Force and holds an accounting degree from Tuskegee University, in addition to master’s degrees from Troy State University, Air Command and Staff College, and National Defense University. A press release from the Department is here.
March 4, 2019

Institute for Education Sciences:

NAGB selects new executive director: The National Assessment Governing Board (NAGB) announced it selected Lesley Muldoon as the new executive director. Previously, Muldoon served as chief of policy and advocacy with CenterPoint Education Solutions. Governor Bev Perdue of North Carolina stated, “[Muldoon] brings experience working with boards of directors to make decisions on key aspects of assessment policy, test development, and implementation. She also has the management experience to lead our talented staff as they work with the Governing Board to carry out our strategic vision.” The NAGB is responsible for directing the National Assessment of Educational Progress, otherwise known as the “Nation’s report card.” A press release is here.
March 4, 2019

Publications (Congressional and Administration):

• On March 8, the House Education and Labor Committee Democrats published a report titled, “Don’t Stop Believin’ (in the value of a college degree).” The report outlines the benefits of attaining a college degree, including personal and community economic benefits. Key findings of the report include identifying that individuals with a bachelor’s degree typically earn $1 million more than high school graduates over the course of their lifetime; that for every $1 a state invests in higher education, there is a $4.50 return on investment; and low- and middle-income individuals are still 17 percent less likely to enroll in college compared to their high-income peers. The full report is here.

Publications (Outside Organizations):

• On March 7, the Brookings Institute published a report titled, “The diversity gap for public school teachers is actually growing across generations.” The report analyzed data for the public teacher workforce between 1987 and 2012. Key findings of the report include identifying that the number of teachers of color doubled within this time period, increasing the share of nonwhite teachers from 12 to 17 percent; that the demographics of public school students is changing at a faster pace than the teacher workforce and becoming increasingly more diverse; and that the teaching profession is not necessarily becoming more attractive to people of color, but that the generation of college educated workers is becoming more diverse leading to more teachers of color. The full report is here.
• On March 6, the Education Trust published a report titled, “Broken Mirrors: Black Student Representation at Public State Colleges and Universities.” The report analyzed student demographic information for public postsecondary institutions within the country. Key findings of the report include identifying that in half of the 41 states evaluated, Black student enrollment in community and technical colleges is lower than the state’s racial composition of Black residents; that Black students are underrepresented at four-year colleges in 37 of the 41 states evaluated; and that in 75 percent of states evaluated, colleges with the most stringent of admissions standards enroll White students at a higher rate than Black students. The full report is here.
• On March 6, the National Student Clearinghouse Research Center published a report titled, “Completing College: A State-Level View of Student Completion Rates – Fall 2012 Cohort.” The report analyzed college completion rates for two- and four-year public institutions in the United States. Key findings of the report include finding that the national completion rate for a four-year public institution was 65.7 percent, with 27 states having rates higher than the national average; that the national completion rate for two-year public institutions was 39.2 percent, with 24 states having rates higher than the national average; and that there is a 25 percent gap in completion rates for four-year institutions between Black and White students. The full report is here.
• On March 4, the Association of Community College Trustees published a report titled, “Apprenticeships: An Emerging Community College Strategy For Workforce Development.” The report analyzes apprenticeships programs across the country and identifies recommendations for college leaders and policymakers to expand apprenticeships. Key recommendations include developing strategies to increase diversity of students participating in apprenticeships programs; partnering with high schools and businesses to increase opportunities; increasing funding to sustain and grow federal and state-run apprenticeship programs, including providing more financial-aid options; supporting community colleges and businesses in developing apprenticeship programs that align with growing industries such as health care, business management, and information technology. The full report is here.
• On March 4, the American Civil Liberties Union (ACLU) published a report titled, “Cops and No Counselors: How the Lack of School Mental Health Staff is Harming Students.” The report analyzes state data on the presence of school-based mental health staff compared to school resource officers (SROs) or school-based law enforcement officers, Key findings of the report include identifying that 47 states and D.C. do not meet recommended student-to-counselor ratios, only Montana, Vermont, and New Hampshire do; approximately 1.7 million students go to schools that have some law enforcement presence but no counselors; and that 14 million students are in schools with law enforcement but no counselor, nurse, psychologist, or social worker. The full report is here.

Upcoming Events (Congressional and Administration):

• On March 11 at 2:30 pm, USED is holding its briefing on the President’s FY2020 budget request. The briefing will be held at the Department located at 550 12th Street SW, Washington, DC 20024. The briefing will be streamed online as well. The briefing will be streamed here. Budget materials will be posted here.
• On March 12 at 10:00 am, the Senate HELP Committee will hold a full committee hearing titled, “Reauthorizing the Higher Education Act: Simplifying the FAFSA and Reducing the Burden of Verification.” Witnesses for the hearing have not yet been announced. More information and a webcast of the hearing will be posted here.
• On March 12 at 10:15 am, the House Education and Labor Committee will hold a Civil Rights and Human Services Subcommittee hearing titled, “Growing a Healthy Next Generation: Examining Federal Child Nutrition Program.” Witnesses for the hearing have not yet been announced. More information and a webcast of the hearing will be posted here.
• On March 12 at 2:00 pm, the House Appropriations Labor/HHS Subcommittee will hold a hearing titled, “Oversight of For-Profit Colleges: Protecting Students and Taxpayer Dollars from Predatory Practices.” Witnesses for the hearing have not yet been announced. More information and a webcast of the hearing will be posted here.
• On March 13 at 10:15 am, the House Education and Labor Committee will hold a full committee hearing titled, “The Cost of College: Student Centered Reforms to Bring Higher Education Within Reach.” Witnesses for the hearing have not yet been announced. More information and a webcast of the hearing will be posted here.
• On March 13 at 2:00 pm, the House Appropriations Labor/HHS Subcommittee will hold a hearing titled, “Department of Health and Human Services Budget Request for FY2020.” U.S. Department of Health and Human Services (HHS) Secretary Alex Azar is expected to testify during the hearing. More information and a webcast of the hearing will be posted here.
• On March 14 at 10:15 am, the House Education and Labor Committee will hold a full committee hearing titled, “Members Day Hearing: Committee on Education and Labor.” Members of Congress are invited to testify in front of the Committee and outline their education and labor focused goals for the rest of this session. More information and a webcast of the hearing will be posted here.
• On March 14 at 10:15 am, the Senate Finance Committee will hold a full committee hearing titled, “The President’s Fiscal Year 2020 Budget – HHS.” HHS Secretary Azar is expected to testify during the hearing. More information and a webcast of the hearing will be posted here.

Upcoming Events (Outside Organizations):

• On March 13 at 12:00 pm, the Brookings Institution is holding an event titled, “How to improve cybersecurity career and technical education.” The event will focus on the growing need for a cybersecurity workforce and how career and technical education improvement efforts can help address this need. Reps. Glenn Thompson (R-PA) and James Langevin (D-RI) will be featured panelists. More information and registration are here.

Legislation:

H.R.1485
A bill to authorize the Secretary of Education to carry out a program to increase access to prekindergarten through grade 12 computer science education.
Sponsor: Rep. Barbara Lee (D-CA)

H.R.1486
A bill to amend the Elementary and Secondary Education Act of 1965 to protect students from sexual abuse, and for other purposes.
Sponsor: Rep. Ted Lieu (D-CA)

H.R.1488
A bill to assist States in carrying out projects to expand the child care workforce and child care facilities in the States, and for other purposes.
Sponsor: Rep. Collin Peterson (D-MN)

H.R.1554
A bill to amend the Higher Education Act of 1965 to provide for interest-free deferment on student loans for borrowers serving in a medical or dental internship or residency program.
Sponsor: Rep. Brian Babin (R-TX)

H.R.1565
A bill to establish a new higher education data system to allow for more accurate, complete, and secure data on student retention, graduation, and earnings outcomes, at all levels of postsecondary enrollment, and for other purposes.
Sponsor: Rep. Duncan Hunter (R-CA)

H.R.1571
A bill to establish State-Federal partnerships to provide students the opportunity to attain higher education at in-State public institutions of higher education without debt, to provide Federal Pell Grant eligibility to DREAMer students, to repeal suspension of eligibility under the Higher Education Act of 1965 for drug-related offenses, and for other purposes.
Sponsor: Rep. Mark Pocan (D-WI)

H.R.1591
A bill to amend the Elementary and Secondary Education Act of 1965 to provide grants to local educational agencies to encourage girls and underrepresented minorities to pursue studies and careers in STEM fields.
Sponsor: Rep. Joyce Beatty (D-OH)

H.R.1592
A bill to direct the Secretary of Education to establish a pilot program to award competitive grants for the integration of cybersecurity education, and for other purposes.
Sponsor: Rep. James Langevin (D-RI)

H.R.1605
A bill to amend the Elementary and Secondary Education Act of 1965 to allow parents of eligible military dependent children to establish Military Education Savings Accounts, and for other purposes.
Sponsor: Rep. Jim Banks (R-IN)

H.R.1634
A bill to amend the Workforce Innovation and Opportunity Act to provide for the establishment of Youth Corps programs and provide for wider dissemination of the Youth Corps model.
Sponsor: Rep. Frederica Wilson (D-FL)

H.R.1635
A bill to amend the Workforce Innovation and Opportunity Act to create a pilot program to award grants to units of general local government and community-based organizations to create jobs, and for other purposes.
Sponsor: Rep. Frederica Wilson (D-FL)

H.R.1637
A bill to amend the National Voter Registration Act of 1993 to require States to designate public high schools as voter registration agencies, to direct such schools to conduct voter registration drives for students attending such schools, to direct the Secretary of Education to make grants to reimburse such schools for the costs of conducting such voter registration drives, and for other purposes.
Sponsor: Rep. Frederica Wilson (D-FL)

S.672
A bill to establish State-Federal partnerships to provide students the opportunity to attain higher education at in-State public institutions of higher education without debt, to provide Federal Pell Grant eligibility to DREAMer students, to repeal suspension of eligibility under the Higher Education Act of 1965 for drug-related offenses, and for other purposes.
Sponsor: Senator Brian Schatz (D-HI)

S.681
A bill to establish a new higher education data system to allow for more accurate, complete, and secure data on student retention, graduation, and earnings outcomes, at all levels of postsecondary enrollment, and for other purposes.
Sponsor: Senator Ron Wyden (D-OR)

S.686
A bill to amend the Higher Education Act of 1965 to provide greater access to higher education for America’s students, to eliminate educational barriers for participation in a public service career, and for other purposes.
Sponsor: Senator Benjamin Cardin (D-MD)

S.695
A bill to amend the Elementary and Secondary Education Act of 1965 to allow parents of eligible military dependent children to establish Military Education Savings Accounts, and for other purposes.
Sponsor: Senator Ben Sasse (R-NE)

S.706
A bill to amend the Higher Education Act of 1965 to require institutions of higher education to disclose hazing incidents, and for other purposes.
Sponsor: Senator Amy Klobuchar (D-MN)

S.718
A bill to amend the Higher Education Act of 1965 to make college affordable and accessible.
Sponsor: Senator Gary Peters (D-MI)

S.720
A bill to require the student loan ombudsman of the Department of Education to provide student loan data to the Bureau of Consumer Financial Protection, and for other purposes.
Sponsor: Senator Tom Udall (D-NM)