E-Update for the Week of March 15, 2021

Highlights:

• On March 11, President Joe Biden signed into law H.R.1319, the “American Rescue Plan Act of 2021,” which will provide $1.9 trillion in funding to support the continued relief and recovery from the coronavirus pandemic.
• On March 9, House Appropriations Committee Chairwoman Rosa DeLauro (D-CT) sent a Dear Colleague Letter announcing that the deadline for Members to submit requests for the Labor, Health and Human Services, Education, and Related Agencies (Labor/HHS) Appropriations Subcommittee is 6:00 pm on April 14.
• On March 8, President Biden signed an Executive Order titled, “Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity.” The Order specifically notes that the Secretary will review the Trump Administration’s regulation related to Title IX (sexual assault).

Biden Administration:

Executive Actions:

Biden directs USED to review Trump Admin Title IX regulation: President Joe Biden signed an Executive Order titled, “Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity.” The Order directs the USED Secretary to review, within 100 days, all existing regulations, orders, guidance documents, policies, and other actions that are or may be inconsistent with the Order. The Order specifically notes that the Secretary will review the Trump Administration’s regulation related to Title IX (sexual assault) and shall consider suspending, revising, or rescinding the regulation if the Secretary finds that the regulation is inconsistent with the Executive Order. Additionally, the Order directs the Secretary to take additional enforcement actions, as appropriate under law, to account for “intersecting forms of prohibited discrimination,” such as the intersection of race, disability, national origin, sexual orientation, and gender identity, and to ensure that educational institutions are providing appropriate support for students who have experienced any form of sex discrimination. The full Executive Order is here. A fact sheet provided by the White House is here. A statement from House Education and Labor Committee Ranking Member Virginia Foxx (R-NC) is here.
March 8, 2021

On International Women’s Day, Biden creates White House Gender Policy Council: President Biden signed an Executive Order titled, “Establishment of the White House Gender Policy Council.” The Order states that it is the policy of the Biden Administration to ensure that the full federal government is “working to advance equal rights and opportunities, regardless of gender or gender identity, in advancing domestic and foreign policy.” To accomplish this, the Order creates a Gender Policy Council within the Executive Office of the President, which will be responsible for developing, within 200 days, a government-wide strategy to advance gender equity and equality. The Council will aslo coordinate efforts across the federal government that are focused on combatting systemic biases and discrimination, increasing economic security and opportunity for women, and promoting gender equity in leadership. The full Order is here. A fact sheet provided by the White House is here.
March 8, 2021

Coronavirus Updates (as related to education):

Administration:

White House:

Biden signs $1.9 trillion American Rescue Plan Act into law: President Joe Biden signed into law H.R.1319, the “American Rescue Plan Act of 2021,” which will provide $1.9 trillion in funding to support the continued relief and recovery from the coronavirus pandemic. The American Rescue Plan (ARP) Act includes $130 billion for elementary and secondary education, $40 billion higher education, and over $40 billion for early childhood education and child care. During a signing ceremony, President Biden discussed the importance of the relief package and how it will support the country’s continued recovery from the pandemic. “This historic legislation is about rebuilding the backbone of this country and giving people in this nation — working people and middle-class folks, the people who built the country — a fighting chance,” he stated. Now that the bill has been signed into law, federal agencies including the U.S. Department of Education (USED) and HHS will turn to implementing the law and dispersing funds to states, schools, and providers. The final enrolled bill is here. Summaries of key provisions, as created by Senate Democrats, of the package are here.

Full remarks from President Biden are here. A statement by USED Secretary Miguel Cardona is here. A press release from House Speaker Nancy Pelosi (D-CA) is here. A press release from Senate Majority Leader Chuck Schumer (D-NY) is here. A press release from House Education and Labor Committee Chairman Bobby Scott (D-VA) is here.
March 11, 2021

Biden outlines actions to support school reopening, national summit happening ‘this month’: Biden delivered a primetime address in which he marked the one-year anniversary of the coronavirus pandemic and the recent passage of the ARP Act. During his remarks, the president discussed his initial plan to have the majority of K-8 schools open for in-person instruction by the end of his first 100 days in office. Additionally, President Biden noted that the reopening of schools will be the “number one priority” for USED Secretary Miguel Cardona. The president also noted that his recent directive to states to prioritize school staff for vaccination will support the “massive, nationwide” effort to reopen schools safely.”

In follow-up to the president’s remarks, the White House released a fact sheet that further explained the Administration’s plans to support school reopening. According to the fact sheet, the Administration will expand screening testing in schools to help mitigate the spread of the coronavirus and will provide guidance and support for school reopening. Specifically, the Department will host a national Safe School Reopening Summit “this month” and will launch the “Safe Schools and Campuses Best Practices Clearinghouse.” The Clearinghouse will highlight lessons learned and best practices that can help schools and districts to best utilize resources from the ARP Act. Additionally, the Department will release a second volume of its COVID-19 Handbook. The president’s full remarks are here. The fact sheet is here.
March 11, 2021

U.S. Department of Agriculture (USDA):

USDA extends waivers to continue supporting free school meals: The U.S. Department of Agriculture (USDA) announced that it will extend certain waivers to continue providing free meals to all children under 18 through September 30. The action will allow meals to be served through the Summer Food Service Program (SFSP) and Seamless Summer Option (SSO) at a variety of meal sites at no cost to families. Summer meals providers will also have much more latitude on when meals are served and in what settings, and parents and guardians will also continue to be able pick up meals for several days at time.  “We will do everything we can to make sure children get access to healthy, nutritious meals regardless of their families’ financial circumstances,” U.S. Secretary of Agriculture Tom Vilsack stated. A press release is here.
March 9, 2021

Budget and Appropriations:

House Labor/HHS Member FY22 requests due on April 14: House Appropriations Committee Chairwoman Rosa DeLauro (D-CT) sent a Dear Colleague Letter outlining the deadline and terms for Members to submit appropriations requests for fiscal year (FY) 2022 to the House Labor, Health and Human Services, Education, and Related Agencies (Labor/HHS) Appropriations Subcommittee. According the letter, the deadline for Members to submit requests is 6:00 pm on April 14. Additionally, the Chairwoman noted that “community project requests,” commonly known as earmarks, will also be accepted for USED funding under the Innovation and Improvement account (for K-12 education) and the Higher Education account (for postsecondary education).
March 9, 2021

Non-Coronavirus Updates:

Congress:

Foxx, Burr concerned about senior USED staff focused on labor relations: Senate Health, Education, Labor, and Pensions (HELP) Committee Ranking Member Richard Burr (R-NC) and House Education and Labor Committee Ranking Member Virginia Foxx (R-NC) sent a letter to USED Secretary Cardona requesting additional information about the creation of a senior Department staff position dedicated to labor relations. The Members are referring to the Department’s recent announcement that Montserrat Garibay will be serving as Senior Advisor for Labor Relations within the Office of the Secretary. The Members explain that they are not questioning the experience or appointment of Garibay, but instead seek clarity as to the scope and influence of the position. “Creating a senior advisor for labor relations would indicate that the Department plans to maintain this specialized treatment for teachers unions. We are not questioning the crucial role that high quality teachers play in educating our children; however, with the devastating impact that prolonged school closures have had on students, it seems the educational and social and emotional needs of children are being placed after the interests of adults,” wrote the Ranking Members. The full letter is here.
March 12, 2021

Clyburn, Klobuchar introduce bill to significantly expand broadband access: House Majority Whip Jim Clyburn (D-SC) and Senator Amy Klobuchar (D-MN) introduced H.R.1783, the “Accessible, Affordable Internet for All Act.” The bill would authorize approximately $94 billion to ensure that “unserved and underserved” communities have access to affordable, high-speed internet. “The disparate effects of that divide have been amplified during the COVID-19 pandemic and exposed the urgency of ensuring universal access to high-speed internet,” stated the Majority Whip. The bill text is here. A summary is here. A press release is here.
March 11, 2021

Upcoming Events (Congressional and Administration):

• On March 17 at 10:00 am, the Senate Judiciary Committee will hold a full Committee hearing titled, “The Equality Act: LGBTQ Rights are Human Rights.” No witnesses have yet been announced. More information will be posted here.
• On March 17 at 1:00 pm, the House Education and Labor Higher Education and Workforce Investment Subcommittee will hold a subcommittee hearing titled, “Rising to the Challenge: The Future of Higher Education Post COVID-19.” No witnesses have yet been announced. More information will be posted here.
• On March 18 at 10:00 am, the Senate HELP Committee will hold a full Committee hearing titled, “Examining Our COVID-19 Response: An Update from Federal Officials.” The hearing will feature testimony from Dr. Anthony Fauci, Director of the National Institutes of Health (NIH); Dr. David Kessler, Chief Science Officer for HHS; Dr. Peter Marks, Director of Biologics Evaluation and Research from the Food and Drug Administration (FDA); and Dr. Rochelle Walensky, CDC Director. More information will be posted here.

Upcoming Events (Outside Organizations):

• On March 16 at 3:00 pm, the Brookings Institute will hold an event titled, “How the COVID-19 pandemic has impacted higher education.” The webinar to discuss how institutions of higher education have been impacted by the pandemic and what it may mean for the future of higher education. Specifically, the webinar will discuss decreases in enrollment rates, the potential rise of for-profit institutions, and how institutions are engaging students during the pandemic. More information and registration are here.

Publications (Congressional and Administration):

• On March 8, the Government Accountability Office (GAO) released a report titled, “K-12 Education: U.S. Military Families Generally Have the Same Schooling Options as Other Families and Consider Multiple Factors When Selecting Schools.” The report examined the schooling options available to school-age dependents of active-duty servicemembers and explored military families’ views on factors they consider and resources they use when making schooling decisions. Key findings from the report include identifying that traditional public schools were the most commonly available schooling option for military families in 2019-20; that over 90 percent of military installations also had at least one other public school option – like a charter or magnet school – nearby (though fewer options were available for rural installations); and that military families considered housing options and school features like academics or extracurriculars when choosing schools and weighed these factors based on their needs. The full report is here. A press release from House Education and Labor Committee Ranking Member Virginia Foxx (R-NC) responding to the report is here.

Publications (Outside Organizations):

• On March 10, the Proceedings of the National Academic of Sciences of the United States of America published a report titled, “Life expectancy in adulthood is falling for those without a BA degree, but as educational gaps have widened, racial gaps have narrowed.” The report examines the so-called “mortality gap” and found that life expectancy declined for most of a decade for men and women without a four-year college degree, even prior to the pandemic. Key findings from the report include identifying that the mortality gap has grown between people with different levels of education, even as it has shrunk between different racial groups; that since 2010, two-thirds of Americans without bachelor degrees have been dying at younger ages; and, that the life expectancy of those with bachelor degrees has increased over the past three decades. The full report is here.
• On March 9, the American Federation of Teachers (AFT) and the National Education Association (NEA) published a report titled, “Learning Beyond COVID-19: A Vision for Thriving in Public Education.” The report aims to define the “essential elements” AFT and NEA believe are necessary to effectively understand and address the ways in which the COVID-19 pandemic has disrupted students’ academic and developmental experiences. Key recommendations from the report include supporting the creation of alternatives to high-stakes standardized tests and using such alternatives as a basis for diagnosing the academic and social-emotional supports that students need to succeed; ensuring that highest-need students have access to high-quality learning experiences by recruiting and retaining substantially more specialized instructional support personnel; and expanding the teacher pipeline and ensuring that educators are “profession-ready” from their first day in the classroom. The full report is here.
• On March 9, the Student Borrower Protection Center and the Center for Consumer Law & Economic Justice published an issue brief about how the Consumer Financial Protection Bureau (CFPB) has the authority to crack down on “predatory” for-profit schools. Key findings from the brief include identifying that only 32 income-driven repayment (IDR) borrowers have successfully cancelled their loans, even though about 2 million borrowers have been in repayment for 20 years or longer; that the IDR program has failed to deliver relief for low-income borrowers; and that these failures have worsened disparities, especially for borrowers of color, who are more likely to be thrown into financial hardship as a result of their debt. The brief recommends that USED immediately review and audit the implementation of IDR; that the needs of low-income borrowers should drive the process; and that USED should cancel student debt for all borrowers who have been in debt for two decades or more, regardless of whether they previously enrolled in an IDR plan. The full brief is here.
• On March 9, the Alliance for Excellent Education (All4Ed) published a report titled, “Preparing High School Students for Careers: State Policies to Promote and Measure Career Readiness.” The report examines three policy areas in which states have sought to advance career readiness for high school students, including high school graduation pathways, competency-based education policies, and statewide accountability systems. Key findings of the report include identifying that while some states are taking positive steps to advance career readiness, not all states have found effective ways to measure whether these pathways successfully prepare students for careers; that in the majority of states, a student only needs to meet one measure of college or career readiness to be deemed “ready” by the state; and that indicators that measure the quality of all students’ career preparation during high school largely are absent, limiting the ability of states to ensure strong student outcomes, replicate success, and advance equity for historically underserved students. The full report is here.
• On March 8, the Association of School Business Officials (ASBO) International published a report titled, “How Are School Districts Investing Federal Emergency Relief Funds to Address COVID-19? A Summary of Findings from ASBO International’s COVID-19 Financial Impact Survey.” The report examines findings from ASBO’s survey of school business professionals across the United States to determine how school districts are spending federal emergency relief funds, including Elementary and Secondary School Emergency Relief Fund (ESSER) I and II funding, to respond to the COVID-19 pandemic, educate and care for students during the crisis, and safely reopen schools. Key findings from the report include identifying that districts are prioritizing the use of ESSER I and II funds to procure personal protective equipment (PPE) and cleaning/sanitation supplies for the following three school years; that districts are prioritizing ESSER II funds to address “learning loss,” provide summer school, and out-of-school time activities for the current and proximate school year; and more than half of surveyed school business leaders do not believe their school district received sufficient federal funding and support to respond to the COVID-19 crisis. The full report is here.
• On March 8, the Center for the Study of Child Care Employment published its “Early Childhood Workforce Index 2020: Introduction & Policy Recommendations.” The report tracks the status of the early care and education workforce and related state policies in order to identify promising practices for improving early educator jobs and changes over time. Key recommendations from the report include aligning qualification requirements, across settings, with national recommendations; adopting workplace standards (e.g. guidance on appropriate levels of paid planning time), so educators can engage in professional practice; and prioritizing appropriate compensation (wages/salaries as well as benefits) as an essential component for rebuilding the early care and education system. The full report is here.
• On March 5, the RAND Corporation published a report titled, “Teachers Lost Out on Professional Learning During the Pandemic. Here’s How Summer Programs Could Help.” The report explores how academic summer programs for students can serve as an opportunity for teachers to make up for some of the professional learning time that was lost to the pandemic. The report studied the BellXcel Summer (BXS) model, a summer program model that provides academic instruction to students and professional learning opportunities for teachers. Key recommendations from the report include making teacher professional learning an intentional piece of summer programs for students by offering opportunities for teachers to access developmental feedback on their classroom practices; exploring how to take the pressure off teachers in summer programs for students (e.g. through limited testing requirements); and focusing on student-centered practices, such as students’ social and emotional skill development and positive behavior management strategies. The full report is here.
• In February, the National Institute for Early Education Research (NIEER) published a report titled, “Seven Impacts of the Pandemic on Young Children and their Parents: Initial Findings from NIEER’s December 2020 Preschool Learning Activities Survey.” The report explores how the pandemic has impacted young children’s learning and development, based on a parent survey regarding children’s home learning activities and preschool participation during the pandemic. Key findings from the report include identifying that participation in preschool programs declined sharply from pre-pandemic levels, particularly for young child in poverty, who had less than one-third the access of in-person education compared to children in higher income families; that parent supports for learning and teaching basic skills also declined sharply; and that parents reported unusually high rates of social-emotional or mental health problems for their young children. The full report is here.

Legislation:

H.R.1633
A bill to amend the Higher Education Act of 1965 to allow certain payments made by public service employees to qualify for public service repayment, and for other purposes.
Sponsor: Rep. Bill Foster (D-IL)

H.R.1658
A bill to amend the Child Abuse Prevention and Treatment Act to promote a high-quality workforce in the child welfare system.
Sponsor: Rep. Mikie Sherrill (D-NJ)

H.R.1666
A bill to amend the Child Abuse Prevention and Treatment Act to promote a high-quality workforce in the child welfare system.
Sponsor: Rep. Susan Wild (D-PA)

H.R.1713
A bill to amend the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 to require a study and report on adoption outcomes and the factors affecting those outcomes, and for other purposes.
Sponsor: Rep. Lloyd Smucker (R-PA)

H.R.1732
A bill to amend the Internal Revenue Code of 1986 to address the teacher and school leader shortage in early childhood, elementary, and secondary education, and for other purposes.
Sponsor: Rep. Cheri Bustos (D-IL)

H.R.1768
A bill to amend the Richard B. Russell National School Lunch Act to reauthorize the farm to school program, and for other purposes.
Sponsor: Del. Stacey Plaskett (D-VI)

H.R.1777
A bill to address foreign threats to higher education in the United States.
Sponsor: Rep. Elise Stefanik (R-NY)

H.R.1783
A bill to make high-speed broadband internet service accessible and affordable to all Americans, and for other purposes.
Sponsor: Rep. Jim Clyburn (D-SC)

H.R.1803
A bill to authorize the Secretary of Health and Human Services to establish a grant program to promote comprehensive mental health and suicide prevention efforts in high schools, and for other purposes.
Sponsor: Rep. Tony Cardenas (D-CA)

H.R.1814
A bill to authorize the Secretary of Education to make grants to support educational programs in civics and history, and for other purposes.
Sponsor: Rep. Rosa DeLauro (D-CT)

H.R.1828
A bill to provide grants to States to ensure that all students in the middle grades are taught an academically rigorous curriculum with effective supports so that students complete the middle grades prepared for success in secondary school and postsecondary endeavors, to improve State and local educational agency policies and programs relating to the academic achievement of students in the middle grades, to develop and implement effective middle grades models for struggling students, and for other purposes.
Sponsor: Rep. Raul Grijalva (D-AZ)

H.R.1861
A bill to amend the Richard B. Russell National School Lunch Act to allow schools that participate in the school lunch program under such Act to serve whole milk.
Sponsor: Rep. Glenn Thompson (R-PA)

H.R.1863
A bill to establish a grant program to fund the installation of green roof systems on public school buildings, and for other purposes.
Sponsor: Rep. Nydia Velazquez (D-NY)

H.R.1865
A bill to amend the Child Abuse Prevention and Treatment Act to provide for grants in support of training and education to teachers and other school employees, students, and the community about how to prevent, recognize, respond to, and report child sexual abuse among primary and secondary school students.
Sponsor: Rep. Susan Wild (D-PA)

S.665
A bill to allow Federal funds appropriated for kindergarten through grade 12 education to follow the student.
Sponsor: Senator Rand Paul (R-KY)

S.676
A bill to address foreign threats to higher education in the United States.
Sponsor: Senator Ted Cruz (R-TX)

S.680
A bill to award grants to States to establish or improve, and carry out, Seal of Biliteracy programs to recognize high-level student proficiency in speaking, reading, and writing in both English and a second language.
Sponsor: Senator Brian Schatz (D-HI)

S.686
A bill to amend the Internal Revenue Code of 1986 to address the teacher and school leader shortage in early childhood, elementary, and secondary education, and for other purposes.
Sponsor: Senator Dick Durbin (D-IL)

S.698
A bill to establish a pilot program through which the Institute of Museum and Library Services shall allocate funds to States for the provision of internet-connected devices to libraries.
Sponsor: Senator Joe Manchin (D-WV)

S.729
A bill to establish an Educational Equity Challenge Grant program administered by the Department of Education.
Sponsor: Senator Elizabeth Warren (D-MA)

S.733
A bill to amend the Higher Education Act of 1965 to create an innovation zone initiative, and for other purposes.
Sponsor: Senator Todd Young (R-IN)

S.734
A bill to amend the Child Abuse Prevention and Treatment Act to provide for grants in support of training and education to teachers and other school employees, students, and the community about how to prevent, recognize, respond to, and report child sexual abuse among primary and secondary school students.
Sponsor: Senator John Cornyn (R-TX)