E-Update for the Week of March 4, 2019

Highlights:

• On February 28, Senate Health, Education, Labor, and Pensions (HELP) Committee Ranking Member Patty Murray (D-WA) delivered remarks during the Center for American Progress event titled, “An Equity and Opportunity Agenda for Higher Education.” Ranking Member Murray indicated she was beginning “good-faith negotiations” with HELP Committee Chairman Lamar Alexander (R-TN). The Ranking Member outlined her priorities to include improving college affordability, increasing accountability measures for colleges and for-profit institutions, increasing access to higher education, and increasing campus safety and protecting students’ civil rights.
• On February 28, USED Secretary DeVos announced a new tax credit program to expand school choice options for students across the country. The “Education Freedom Scholarship” (EFS) program will create a $5 billion federal investment into locally controlled scholarship programs for students to access in order to pay for tuition costs at any education option available to a student, not just private schools. The program will be funded through taxpayer voluntary contributions to state-identified Scholarship Granting Organizations (SGOs).
• On February 25, acting director of the Office of Management and Budget (OMB) Russ Vought published an opinion piece in RealClear Politics. In the publication, Vought described President Donald Trump’s fiscal year (FY) 2020 budget request as being one that is committed “to defending our nation and addressing threats to our national security.” Further, Vought stated the budget request will adhere to current spending caps and will meet the goal of a 5 percent reduction in non-defense discretionary spending.

Budget & Appropriations:

Leahy calls on Congress to reach budget deal, raise spending caps: Senate Appropriations Committee Ranking Member Patrick Leahy (D-VT) delivered floor remarks where he urged his colleagues to reach a new two-year budget deal. The Ranking Member argued that until a budget deal is reached, the Appropriations Committee cannot begin the work necessary to fund government agencies for fiscal year (FY) 2020. Ranking Member Leahy also underscored the need for a deal given the automatic spending cuts that will go into effect at the end of FY2019 due to the 2011 Budget Control Act. “We must begin negotiating a two-year budget deal now to address these realities.  We cannot bury our heads in the sand and pretend it will fix itself, and the Appropriations Committee cannot responsibly do its job in the absence of cap levels that allow us to meet the needs of the American people,” stated the Ranking Member.  To demonstrate the need for an increase in the spending caps, the Ranking Member described there is already a need for an additional $15 billion in funding for FY2020 to complete the 2020 Census, fund veteran health care, and maintain housing assistance for low-income families. The full floor statement is here.
February 28, 2019

Senate Budget Committee explores Budget Control Act, Enzi calls for ‘diligent oversight’ of Congressional spending: The Senate Budget Committee held a hearing titled, “The Budget Control Act: A Review of Cap-Adjusted Spending.” The hearing was focused on the 2011 Budget Control Act and the impact it will have on government funding for FY2020. If a budget deal is not reached by Congress, in which spending limits are defined, the law will require an automatic cut in discretionary spending. During the hearing, Congressional Budget Office (CBO) Assistant Director for Budget Analysis Teri Gullo testified about the Budget Control Act and outlined issues Congress may face when attempting to reach a budget deal. According to Gullo, Congress will need to decide whether to offset any spending increases and how to do so; whether defense and nondefense caps should be equal; and how any resulting additional spending may alter the national debt and deficit. Additionally, during the hearing, Committee Chairman Mike Enzi (R-WY) described how the law has resulted in an overall increase in government spending and cautioned how Congress proceeds with discussions around the issue. “Cap adjustments are often necessary, but I believe Congress must be diligent in providing oversight of their use,” the Chairman stated. Chairman Enzi went on to argue that Congress closely examine all spending, including mandatory and discretionary programs. A recording of the hearing is here. The full testimony by CBO Assistant Director Gullo is here. A press release from Chairman Enzi is here.
February 27, 2019

Yarmuth claims ‘both sides’ motivated to reach budget deal, address spending caps: POLITICO published an interview with House Budget Committee Chairman John Yarmuth (D-KY) during which the Chairman described the upcoming work to develop a Congressional budget and address the need to raise budget caps in order to avoid sequestration cuts. “I think the motivation is pretty significant on both sides to get a deal done,” Chairman Yarmuth stated. Further, the Chairman described his staff has been meeting with the offices of Senate Majority Leader Mitch McConnell (R-KY) and Senate Budget Committee Chairman Mike Enzi (R-WY) to begin discussing a potential agreement to address the caps. “My feeling is that there should be common ground on an arrangement that mirrors the arrangement that we’re now living under. Additionally, Chairman Yarmuth explained he would be focusing his negotiations with his Republican colleagues, not the White House. POLITICO has the full interview here. (Note: A subscription to POLITICO Pro is required to view).
February 26, 2019

OMB previews President’s FY2020 budget request, non-defense discretionary spending to face 5 percent cut: Acting director of the Office of Management and Budget (OMB) Russ Vought published an opinion piece in RealClear Politics. In the publication, Vought described President Donald Trump’s fiscal year (FY) 2020 budget request as being one that is committed “to defending our nation and addressing threats to our national security.” Further, Vought stated the budget request will adhere to current spending caps and will meet the goal of a 5 percent reduction in non-defense discretionary spending. However, the budget caps, if not raised, will result in a 9 percent reduction in non-defense discretionary funding from current FY2019 levels. It is unclear as to if Vought’s description of the 5 percent reduction is the only reduction expected in the President’s budget or it will be in addition to other reductions in order to meet the 9 percent required by the Budget Control Act if caps are not raised. Vought urged Congress to “join the president in his commitment to cutting spending, reducing bloated deficits, and getting our national debt under control.” The President’s budget is still expected to be partially released the week of March 11. The full publication is here. A statement by House Appropriations Committee Chairwoman Nita Lowey (D-NY) is here.
February 25, 2019

Congress:

Scott, Murray introduce ‘Child Care for Working Families Act,’ seek increased federal investment in child care access: House Education and Labor Committee Chairman Bobby Scott (D-VA) and Senate Health, Education, Labor, and Pensions (HELP) Committee Ranking Member Patty Murray (D-WA) introduced the “Child Care for Working Families Act.” The bill is a comprehensive approach to ensuring affordable, high-quality child care for working middle class and low-income families. For families under 150 percent of state median income, the bill would ensure they do not pay more than 7 percent of their income on child care and families under 75 percent of the state median income would receive child care services at no charge. The bill also provides supports for universal access to high-quality preschool programs for all 3 and 4 year olds. Lastly, the bill would increase compensation and training for the child care workforce. A press release from the House Education and Labor Committee Majority is here. The bill is here. A section-by-section of the bill is here.
February 26, 2019

Senate:

Murray outlines HEA priorities, open to ‘bipartisan’ bold reauthorization: Senate HELP Committee Ranking Member Patty Murray (D-WA) delivered remarks during the Center for American Progress event titled, “An Equity and Opportunity Agenda for Higher Education.” The Ranking Member outlined her priorities for reauthorizing the Higher Education Act (HEA) during the 116th Congress. Ranking Member Murray indicated she was beginning “good-faith negotiations” with HELP Committee Chairman Lamar Alexander (R-TN). During her remarks she outlined she would be advocating for expanding student aid, increasing federal investments in public higher education, and increasing federal investments in historically black colleges and universities and other minority serving institutions. Further, the Ranking Member indicated reauthorization would most likely not include tuition-free and debt-free college proposals, as they would “not be able to achieve these bold goals in a bipartisan reauthorization this year.” Ranking Member Murray also discussed she would prioritize improving college affordability, increasing accountability for schools for their students’ success, expanding access to higher education, and increasing campus safety and student civil rights protections. The Ranking Member also outlined her intentions to expand accountability measures for for-profit colleges and “we must reject the path Secretary DeVos has taken to allow predatory actors to run rampant.” Lastly, the Ranking Member addressed student loans, including applications and loan servicing. She described her willingness to explore simplification of student aid applications and loan repayment, but expressed there must also be opportunities for students to have “real relief on student debt” and that federal student loan servicing must be improved for all types of borrowers, at all stages of repayment.” A recording of Ranking Member Murray’s remarks is here.
February 28, 2019

King nomination advances to full Senate: The Senate HELP Committee voted to favorably report the nomination of Robert L. King to be Assistant Secretary for Postsecondary Education out of the Committee. The full Senate consideration of King’s nomination has not been scheduled. A press release is here.
February 27, 2019

House:

Education and Labor Committee explores widespread, improper use of restraint and seclusion practices: The House Education and Labor Subcommittee on Early Childhood, Elementary, and Secondary Education held a hearing titled, “Classrooms in Crisis: Examining the Inappropriate Use of Seclusion and Restraint Practices.” The hearing featured testimony from Dr. George Sugai of the University of Connecticut, Renee Smith of Rhode Island, Jacqueline Nowicki of the Government Accountability Office (GAO), and Allison Sutton, a teacher from Wichita, Kansas. The hearing focused on seclusion and restraint use throughout the U.S. public school system. In his opening remarks, Subcommittee Chairman Gregorio Killili Sablan (D-CNMI) highlighted how thousands of children are physically restrained, mechanically restrained, or secluded each year. “Students have been described being tied to chairs, having their mouths taped shut, and being locked in small dark spaces,” stated the Chairman. Further, the Chairman highlighted the past introduction of the “Keeping All Students Safe Act” which would prohibit the use of seclusion, limit the circumstances in which physical restraint can be used, and provide evidence-based strategies for proactively addressing challenging behavior. The Chairman’s full remarks are here. Subcommittee Ranking Member Rick Allen’s (R-GA) opening remarks are here. A recording of the hearing is here.
February 27, 2019

School infrastructure bill advances out of Committee: The House Education and Labor Committee conducted a mark-up of their school infrastructure bill, H.R.865, the “Rebuild America’s Schools Act.” The bill was reported favorably out of Committee on a party line vote of 26-20. The bill would provide $100 billion in grants and tax credits for public schools to improve their physical and digital infrastructure. During the mark-up, two amendments were offered and adopted that address school safety concerns – one that requires buildings funded by the bill to “protect occupants from natural elements and human threats,” and the other directs the Institute of Education Sciences (IES) to conduct research into the feasibility and ability for facilities to protect occupants from natural and human threats. Additionally, two amendments were adopted that limit the bill’s use for charter schools. One amendment would prohibit for-profit charter schools from accessing the funds included in the bill and the second closes a loophole that previously allowed charter schools to have access to funds for facilities that are leased from private companies. A press release from Committee Chairman Bobby Scott (D-VA) is here. A press release from Committee Ranking Member Virginia Foxx (R-NC) is here.
February 26, 2019

Administration:

White House:

White House calls attention to growing cost of child care, rising mother workforce participation: The White House published an online publication titled, “Work and the Cost of Child Care.” The publication outlined the high cost of child care and how it still remains “an important barrier to bringing more adults off the sidelines, especially women.” Additionally, the publication described how employment trends have changed over the past forty years and more single and married mothers are participating in the labor force. Further, the White House describes past efforts to increase access to child care; specifically, it outlines increased investments in the Child Care and Development Fund, the Temporary Assistance for Needy Families (TANF) program, and Head Start. The full publication is here.
February 25, 2019

U.S. Department of Education (USED):

DeVos announces federal tax credit program to expand school choice: On February 28, USED Secretary DeVos announced a new tax credit program to expand school choice options for students across the country. The “Education Freedom Scholarship” (EFS) program will create a $5 billion federal investment into locally controlled scholarship programs for students to access in order to pay for tuition costs at any education option available to a student, not just private schools. “I believe every student in America deserves the opportunity to pursue the education that best meets his or her needs,” Secretary DeVos stated at an event to announce the program. The program will be funded through taxpayer voluntary contributions to state-identified Scholarship Granting Organizations (SGOs). Taxpayers that contribute will receive a non-refundable, dollar-for-dollar federal tax credit. In a press release from the Department, the program lists some examples of how the scholarship could be used, including advanced, remedial, and elective courses; apprenticeships and industry certifications; concurrent and dual enrollment; private and home education; special education services and therapies; transportation to education providers outside of a family’s zoned school; tutoring, especially for students in low-performing schools; and summer and after-school education programs. A press release is here. A blog post from USED on the EFS is here. The EFS website is here. A statement by Senate HELP Committee Ranking Member Patty Murray (D-WA) is here.
February 28, 2019

Zais faces unexpected questions on letter to USED inspector general: POLITICO reported USED Deputy Secretary Mick Zais was forced to answer questions regarding his involvement in the Department’s decision to remove acting Inspector General Sandra Bruce from her position earlier this month. Zais was testifying during a Senate Homeland Security Committee subcommittee hearing titled, “China’s Impact on the U.S. Education System.” During the hearing, Senators Gary Peters (D-MI) and Maggie Hassan (D-NH) pressed Zais to answer questions about his letter to acting Inspector General Bruce in which he urged her to end her investigation into the Department’s decision to approve the Accrediting Council for Independent Colleges and Schools (ASICS). Zais claimed that neither USED Secretary DeVos nor anyone from the White House had directed him to write the letter, but told the Committee that he “worked with the staff and chief of staff in composing that letter.” A recording of the hearing is here.
February 28, 2019

U.S. Department of Health and Human Services (HHS):

Thousands of children reported sexual abuse under HHS custody, according to released documents: POLITICO reported Rep. Ted Deutch (D-FL) released documents that illustrate thousands of children under the custody of the Office of Refugee Resettlement had reported sexual abuse between fiscal year 2015 to 2018. During this time, 4,556 allegations were reported, 178 of which were allegedly involving ORR staff and minor children. Rep. Deutch released the documents during a House Judiciary Committee hearing titled, “Oversight of the Trump Administration’s Family Separation Policy.” In response to the documents’ release, U.S. Department of Health and Human Services (HHS), which oversees ORR, stated, “When any allegations of abuse, sexual abuse, or neglect are made, they are taken serious and ORR acts swiftly to investigate and respond.” A press release from Rep. Deutch is here. A recording of the Committee hearing is here.
February 26, 2019

Publications (Congressional and Administration):

• On February 27, the National Center for Education Statistics (NCES) published a report titled, “Projections of Education Statistics to 2027.” The annual report analyzes current trends on enrollment, teachers, high school graduates, and expenditures in elementary and secondary schools. Key findings of the report include identifying that postsecondary enrollment increased by 19 percent between 2002 and 2016 and is expected to increase another 3 percent by 2027; that the number of high school graduates increased by 15 percent between 2003 and 2013 and is expected to increase another 5 percent by 2028; and current expenditures per pupil increased by 9 percent between 2003 and 2015 and is expected to increase another 16 percent by 2028. The full report is here.
• On February 25, the Government Accountability Office (GAO) published a report titled, “Public School Choice: Limited Options Available for Many American Indian and Alaska Native Students.” The report analyzes public school options, including charter, magnet, and career and technical schools, that are easily accessed by American Indian and Alaska Native students. Key findings of the report include identifying that many of the students have limited options; that most school districts with at least 25% American Indian students offered only traditional public schools; that many students reside within rural communities, where there are not enough students to justify additional schools; and that districts in large urban areas often had more choices. The full report is here.

Publications (Outside Organizations):

• On February 27, the National Academies of Sciences, Engineering, and Medicine published a report titled, “A Roadmap to Reducing Child Poverty.” The report is the result of a Congressional directed question for the National Academies to identify evidence-based programs and policies for reducing the number of children living in poverty in half within 10 years. Key findings of the report include identifying four policy-packages that can be used to achieve this goal; that these packages leverage existing programs such as the Supplemental Nutrition Assistance Program (SNAP), the Earned Income Tax Credit, and the Child and Dependent Care Tax Credit; and that new programs such as a national job training and universal child allowance could also reduce child poverty. The full report is here.
• On February 27, the National Center on Teacher Quality published a report titled, “A Fair Chance: Simple steps to strengthen and diversify the teacher workforce.” The report analyzes how elementary teacher candidates are more likely to fail their licensing exams and the impact this has on teachers of color. Key findings of the report include identifying that only 38 percent of black teacher candidates and 57 percent of Hispanic teacher candidates pass the licensing exam even after multiple attempts; that 75 percent of white candidates pass theirs; and that if the pass rate for black and Hispanic teacher candidates were increased to that of white candidates, the diversity of new teachers would increase by 50 percent. The full report is here.
• On February 25, EdBuild published a dynamic web-based report titled, “Nonwhite school districts get $23 billion less than White districts despite serving the same number of students.” The report analyzes school funding across the country in order to identify any disparities in levels of funding. Key findings of the report include identifying that 27 percent of students are enrolled in predominately nonwhite districts and that 26 percent of students are enrolled in predominantly white districts; that only 5 percent of students live in White districts that are considered “financially challenged;” and that poor-White districts have an average enrollment of 1,370 students while poor-nonwhite districts have an average enrollment of 10,386 students. The full report is here.

Upcoming Events (Congressional and Administration):

• On March 6 at 10:30 am, the House Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Agencies is holding a subcommittee hearing titled, “Protecting Student Loan Borrowers: Loan Servicing Oversight.” Witnesses will include Bryon Gordon, USED Assistant Inspector General for Audit; Shennan Kavanagh, deputy chief of the Office of Massachusetts Attorney General’s Consumer Protection Division; Colleen Campbell, Center for American Progress; Joanna Darcus, National Consumer Law Center; and Preston Cooper, American Enterprise Institute. More information is here.

Upcoming Events (Outside Organizations):

• On March 5 at 8:30 am, EducationCounsel is holding an event titled, “Transforming the Education Sector into a Learning System: Harnessing the Power of Continuous Improvement, Research & Development, and Data to Improve Outcomes for Each and Every Child.” The event will feature the release of a new white paper with the same title and a panel discussion including Jim Shelton, LaVerne Srinisvasan, Lynn Olson, Scott Palmer, and Dan Gordon. In Transforming the Education Sector Into a Learning System, we argue that for our education system to achieve equity and excellence for each and every student, we must shift it toward being a learning system at all levels—from the school and classroom to the district, state, and even federal levels. The paper draws on research, experiences from other sectors, and leading efforts underway in education to provide a framework for action regarding why, what, and how to make these shifts. More information and registration are here.
• On March 6 at 2:00 pm, the Center for Education Equity is holding a meeting of the Socioeconomic Integration Community of Practice (SES-CoP). The SES-CoP is intended to explore how high-quality, diverse, and democratic public school systems can be created for all students. More information and registration can be found by emailing nada@maec.org.
• Between now and March 8, iNACOL is accepting Requests for Presentation Proposals to present at the iNACOL Symposium, to be held at the Palm Springs Convention Center in Palm Springs, California October 28-31, 2019. This year’s theme is: Shining a Light on the Future of Learning. iNACOL’s annual conference is the premier learning conference for those driving the transformation of education systems and accelerating the advancement of breakthrough policies and practices to ensure high-quality learning for all. Each year more than 3,000 experts, practitioners, educators, policymakers, researchers and innovators gather and work to transform education. The deadline for submitting presentation proposals is Friday, March 8, 2019 at 11:59 p.m. ET. More information and proposal submissions are here.

Legislation:

H.R.1352
A bill to provide for parity for Guam and the United States Virgin Islands under the Richard B. Russell National School Lunch Act and the Child Nutrition Act, and for other purposes.
Sponsor: Rep. Stacey Plaskett (D-VI)

H.R.1364
A bill to amend the Child Care and Development Block Grant Act of 1990 and the Head Start Act to promote child care and early learning, and for other purposes.
Sponsor: Rep. Bobby Scott (D-VA)

H.R.1389
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.1395
A bill to amend the Elementary and Secondary Education Act of 1965 to improve mental health services for students, and for other purposes.
Sponsor: Rep. David Roe (R-TN)

H.R.1430
A bill to provide that chapter 1 of title 9 of the United States Code, relating to the enforcement of arbitration agreements, shall not apply to enrollment agreements made between students and certain institutions of higher education; and to prohibit limitations on the ability of students to pursue claims against certain institutions of higher education.
Sponsor: Rep. Maxine Waters (D-CA)

H.R.1434
A bill to amend the Internal Revenue Code of 1986 to establish tax credits to encourage individual and corporate taxpayers to contribute to scholarships for elementary and secondary students through eligible scholarship-granting organizations, and for other purposes.
Sponsor: Rep. Bradley Byrne (R-AL)

H.R.1457
A bill to direct the Secretary of Education to make grants to State educational agencies for the modernization, renovation, or repair of public school facilities, and for other purposes.
Sponsor: Rep. Sean Patrick Maloney (D-NY)

H.R.1458
A bill to prohibit the Corporation for National and Community Service from removing State offices of the Corporation from States without Congressional approval.
Sponsor: Rep. Betty McCollum (D-MN)

S.545
A bill to amend the Higher Education Act of 1965 to direct the Secretary of Education to award institutions of higher education grants for teaching English learners.
Sponsor: Senator Catherine Cortez Masto (D-NV)

S.568
A bill to amend the Child Care and Development Block Grant Act of 1990 and the Head Start Act to promote child care and early learning, and for other purposes.
Sponsor: Senator Patty Murray (D-WA)

S.579
A bill to provide grants to eligible local educational agencies to help public schools reduce class size in the early elementary grades, and for other purposes.
Sponsor: Senator Jeff Merkley (D-OR)

S.605
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: Senator Amy Klobuchar (D-MN)

S.608
A bill to provide that chapter 1 of title 9 of the United States Code, relating to the enforcement of arbitration agreements, shall not apply to enrollment agreements made between students and certain institutions of higher education, and to prohibit limitations on the ability of students to pursue claims against certain institutions of higher education.
Sponsor: Senator Richard Durbin (D-IL)

S.609
A bill to prohibit States from suspending, revoking, or denying State-issued professional licenses or issuing penalties due to student default.
Sponsor: Senator Marco Rubio (R-FL)

S.625
A bill to direct the Election Assistance Commission to carry out a pilot program under which the Commission shall provide funds to local educational agencies for initiatives to provide voter registration information to secondary school students in the 12th grade.
Sponsor: Senator Amy Klobuchar (D-MN)