E-Update for the Week of March 7, 2022

Highlights:

• On March 1, President Biden delivered his first State of the Union Address to Congress, in which he both recognized the ongoing economic impacts of the pandemic and outlined his plan to address the burden of increased costs on American families.
• On March 2, the House Education and Labor Subcommittee on Higher Education and Workforce Investment held a hearing to examine the role of Hispanic Serving Institutions (HSIs) and other Minority Serving Institutions (MSIs) in serving historically underserved students.
• On March 1, the Senate Finance Committee advanced to the full Senate several nominations for the U.S. Department of Health and Human Services (HHS), including January Contreras, who is nominated to serve as Assistant Secretary for Family Support.

Coronavirus Updates (as related to education):

Administration:

White House:

White House considering continuing to extend the freeze on student loan payments and interest: According to Politico, White House Chief of Staff Ron Klain said in an interview on March 3 that the Biden Administration is considering once again extending the freeze on federal student loan payments and interest before it expires on May 2. “The president is going to look at what we should do on student debt before the pause expires, or he’ll extend the pause,” he said. According to Klain, the White House will make a decision on whether to use executive action to cancel student debt “before the payments resume.” Note: To access the above article, a subscription to Politico Pro is required.
March 3, 2022

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

CDC says most schools can drop mask mandates: Under new COVID-19 guidance released by the Centers for Disease Control and Prevention (CDC), schools in areas that have low or medium levels of COVID transmission and sufficient hospital capacity no longer need to require mask-wearing. Under the updated metrics, this recommendation would apply to 70 percent of Americans, and represents a shift away from the CDC’s existing recommendation that everyone in K-12 schools wear a mask, regardless of vaccination status or rate of transmission in their community.  “With today’s announcement of updated CDC guidance, we can continue to keep schools safely open while allowing for educators and parents to get back to focusing on what is most important: our students’ futures,” U.S. Department of Education (USED) Secretary Miguel Cardona said in a statement. “Moving forward, districts should continue to work with local health experts, parents, and educators to identify what works best for their communities and consider the appropriate mitigation strategies needed to keep students and staff safe.”
February 25, 2022

Congress:

House:

House Oversight Committee holds a hearing to examine the impact of Treasury’s State and Local Fiscal Recovery Funds: The House Oversight Committee held a hearing on March 1 titled, “From Recession to Recovery: Examining the Impact of the American Rescue Plan’s State and Local Fiscal Recovery Funds.” The hearing featured testimony from JB Pritzker, Governor, State of Illinois; Fawn Sharp, President, National Congress of American Indians; Victoria Woodards, Mayor, City of Tacoma, Washington, and First Vice President of the National League of Cities; Gary Moore, Judge-Executive, Boone County, Kentucky, and Immediate Past President of the National Association of Counties; Dr. Michael Leachman, Vice President for State Fiscal Policy, Center on Budget and Policy Priorities; and Marc Joffe, Senior Policy Analyst, Reason Foundation. During the hearing, Committee members heard from witnesses regarding specific initiatives in states and communities that were supported with the $350 billion in the American Rescue Plan (ARP)’s State and Local Fiscal Recovery funds, as well as how these critical resources contributed to economic recovery. Regarding support for early learning, Governor Pritzker highlighted how his state recognized that significant resources to support the child care system would be needed to get people back to work, including rewarding child care workers and providing assistance to child care businesses. In response to questions from Rep. Katie Porter (D-CA), Moore noted that San Diego County, CA, allocated funding to implement a new pilot program within local schools and universities to provide apprenticeship services and workforce development for early childhood professions. Governor Pritzker also called attention to the state’s support for community college investments to allow people to gain new skills, and for the Connect Illinois initiative, which expanded broadband access free of charge to all K-12 students. Additionally, Moore cited Howard County, MD, as an example of how a county used recovery funds to address staffing challenges due to the pandemic and to provide support to public school employees. While Democratic Committee members spoke to how recovery funds have contributed to economic recovery, Republican Committee members raised concerns with waste, fraud, and abuse, as well as the impact of federal spending on inflation.
March 1, 2022

House Coronavirus Subcommittee holds hearing on COVID-19 child care challenges: The Select Subcommittee on the Coronavirus Crisis held a hearing on March 2 titled, “COVID Child Care Challenges: Supporting Families and Caregivers.” The hearing featured testimony from Gina Forbes, early childhood educator and parent from Brunswick, Maine; Dr. Betsey Stevenson, Professor of Public Policy and Economics at the University of Michigan; Dr. Lea J.E. Austin, Executive Director of the Center for the Study of Childcare Employment at the University of California; Dr. Lynette M. Fraga, CEO at Child Care Aware of America; and Carrie Lukas, President of the Independent Women’s Forum. During the hearing, lawmakers examined how the pandemic impacted the child care sector and its effects on families and the economy. Witnesses testified how the pandemic hit the already vulnerable child care sector particularly hard, forcing parents and caregivers to leave the workforce. Committee Democrats, including Chairman Jim Clyburn (D-SC), highlighted the benefits of the ARP which “provided desperately needed relief” to the child care sector and to parents, and advocated for additional, sustained federal investment to ensure all families have access to high-quality, affordable child care.  “This investment has already had a positive impact on child care providers,” Chairman Clyburn said. He went on to note, “When we support American families and invest in the professionals who help to care for our nation’s children, we are making an investment in both our present and our future.” Meanwhile, Republicans, including Ranking Member Steve Scalise (R-LA), emphasized the negative effects of long-term school closures on children, including learning loss and declines in student’s social emotional well-being.  A recording of the hearing is here.
March 2, 2022

Non-Coronavirus Updates:

Administration:

White House:

Biden delivers first State of the Union address: President Biden delivered his first State of the Union Address to Congress on March 1, in which he both recognized the ongoing economic impacts of the pandemic and outlined his plan to address the burden of increased costs on American families. Key themes from his address include highlighting the benefits of the ARP, the Bipartisan Infrastructure Law, and outlining two new plans to support the American people: the “building a better America” plan and a bipartisan “Unity” agenda (see below under Mental Health and Student Supports). Leading the Republican response, Iowa Governor Kim Reynolds argued Democrats’ policies have led to record levels of inflation and have caused harm to children and families. The governor argued that Democrats, under the leadership of President Biden, have not respected the rights of parents and families, including parents’ rights to know what is being taught in schools. A statement from House Education and Labor Committee Chairman Bobby Scott (D-VA) is here. A statement from Ranking Member Virginia Foxx (R-NC) is here.

Below are specific highlights from the speech related to education and early learning issues:

• Early Childhood Education and Child Care: The president called out the high costs of child care and noted that, for those living in major cities, families could pay up to $14,000 per year per child. To address this, the president proposed that middle class and working families should not have to pay more than 7% of their income for child care, which would cut the cost for child care in half for most families and would help millions of women reenter the workforce. The president also called for legislation that would provide pre-K for every 3- and 4-year-old.
• Paid Family Leave and Child Tax Credit: In detailing his plan to support American families, President Biden called on Congress to pass “paid leave” and “extend the Child Tax Credit” so that “no one has to raise a family in poverty.”
• Higher Education and Workforce Training: The president called on Congress to increase Pell Grants and increase “our historic support of [Historically Black Colleges and Universities (HBCUs)] and community colleges. President Biden referred to community colleges, citing First Lady Jill Biden, as “America’s best- kept secret.” The president also pledged to give workers a “fair shot” by providing more training and apprenticeships and to “hire them based on their skills not degrees.”
• Mental Health and Student Supports: As part of his proposed “Unity Agenda” – in which the president outlined four areas for bipartisan agreement – President Biden urged Congress to “take on mental health,” including for children and youth. The president noted that the ARP provided funding to schools to hire teachers and to help students make up for lost learning and urged every parent to ensure schools use those resources accordingly. He further called on the American nation to “play a part” and to sign-up as a tutor or mentor.
  • Additional details on this part of the president’s Unity Agenda were included in a White House fact sheet released in advance of the State of the Union Address. The fact sheet outlines that the president will request, in his fiscal year (FY) 2023 budget, $1 billion to help schools hire additional counselors and school psychologists; an additional $400 million for the Full-Service Community School Program; double funding for Title I; an additional $3.3 billion for the Individuals with Disabilities Education Act (IDEA); and $450 million for IDEA, Part C to support early interventions for infants and toddlers.
• Protections for LGBTQ+ youth: President Biden once again called on Congress to pass the bipartisan Equality Act. He stated that the “onslaught” of state laws targeting transgender Americans, including transgender children, is “wrong.”

March 1, 2022

U.S. Department of Education (USED):

USED meets with external stakeholders on Title IX overhaul: In advance of the anticipated release in April of a proposed overhaul of Title IX regulations, which govern sexual misconduct in schools and federal protections for LGBT students, the White House recently began meeting with outside groups to discuss the proposed regulations.

Meanwhile, House Education and Labor Committee Ranking Member Virginia Foxx (R-NC) penned an op-ed on March 2 discussing the Biden Administration’s recent reinterpretation of Title IX, arguing that it “pushes women to the sides.” In a piece for the Family Research Council, Ranking Member Foxx calls the Democrats’ reinterpretation “dangerous,” claiming that it puts women’s sports “in jeopardy.”
March 2, 2022

House Education and Labor Subcommittee holds a hearing on the role of HSIs and Other MSIs: The House Education and Labor Subcommittee on Higher Education and Workforce Investment held a hearing on March 2 titled, “Investing in Economic Mobility: The Important Role of Hispanic Serving Institutions and Other Minority Serving Institutions,” which was the second in a series of hearings examining the role of universities that are dedicated to serving historically underserved students. Specifically, the hearing focused on HSIs, Predominately Black Institutions, and Asian American and Native American Pacific Islander-Serving Institutions. Committee members heard testimony from Dr. José Luis Cruz Rivera, President, Northern Arizona University; Dr. Patricia Ramsey, President, Medgar Evers College; Dr. Janine Davidson, President, Metropolitan State University of Denver; and Dr. Robert Teranishi, Professor of Education, University of California. During the hearing, both Democratic and Republican Committee members highlighted the contribution of HSIs, Predominantly Black Institutions, and other MSIs to providing low-income, minority, and other disadvantaged students with greater access to postsecondary education. Subcommittee Ranking Member Mariannette Miller-Meeks (R-IA) noted these institutions are “known for being engines of upward mobility for millions of students,” while also encouraging them to prioritize programming that advances their mission, to refocus their course offerings and degree programs to align more closely with the needs of the workforce, and to ensure institutions take more responsibility for the outcomes of their students. Additionally, the importance of addressing the needs of students attending these institutions was raised throughout the hearing, including by House Education and Labor Committee Chairman Bobby Scott (D-VA) who expressed support for significant increases to the Pell Grant. Subcommittee Chairwoman Frederica Wilson (D-FL) also used her opening statement during the hearing to call attention to the recent bomb threats made against HBCUs saying, “I remain committed to ensuring that the federal government holds the perpetrators accountable for their actions and that HBCUs – and all institutions – receive the support to remain open and safe.”
March 2, 2022

USED Secretary Cardona visits elementary schools in Massachusetts and Connecticut to highlight lessons learned regarding pandemic recovery and promote multilingual learning: On February 28, USED Secretary Cardona visited the Linden Street School in Plainville, Connecticut, to highlight the recovery in education and his first year in the Biden Administration. On March 4, the Secretary traveled to Boston, Massachusetts, to visit Rafael Hernández K-8 Elementary School, the oldest dual-language community school in the city. Joined by Sen. Elizabeth Warren (D-MA), Boston Mayor Michelle Wu, and Superintendent Brenda Cassellius, Secretary Cardona toured the school and spoke with students, teachers, and parents about the importance of multilingual learning. The Secretary later held a roundtable discussion with parents and school leaders to learn about the community schools model and to hear how the school is using ARP funds for mental-health support and additional student services following the pandemic.
February 28 and March 4, 2022

FSA issues notice reminding colleges what they should know about Income Share Agreements (ISAs) and private education loan requirements: USED’s Federal Student Aid (FSA) office took action on March 2 to remind postsecondary institutions and other entities involved in recommending, promoting, or endorsing private education loan products that they must comply with existing consumer protection requirements for preferred lender arrangements established under the Higher Education Act (HEA). With this action, the Biden Administration aims to ensure that colleges are “acting in their students’ best financial interests when endorsing private student loan products,” according to a blog from the Department. In its announcement, the Department also reminded colleges to be aware that the Consumer Financial Protection Bureau (CFPB) recently issued a Consent Order against a student loan originator for misleading borrowers about its ISAs.  The Department’s announcement clarifies that certain ISAs used to finance expenses for postsecondary education are private education loans and encourages student borrowers to “exhaust their federal student loan options before turning to private student loans.” A blog post on the announcement is here.
March 2, 2022

Congress:

Suicide prevention bill passes both House and Senate, sent to President Biden for his signature: After passing both the House and the Senate, the bipartisan Suicide Training and Awareness Nationally Delivered for Universal Prevention (STAND UP) Act was sent to President Biden for his signature on March 3. The bill requires HHS to give mental-health grant preferences to educational agencies that plan to implement evidence-based suicide awareness and prevention training policies. HHS must also consider suicide rates in the jurisdiction, among other factors, when awarding the grants, and must coordinate with USED and the U.S. Department of the Interior to provide educational agencies with best practices for school-based student suicide awareness and prevention training policies.
March 3, 2022

Senate:

Senate Finance Committee advances HHS nominees to the full Senate: The Senate Finance Committee held an executive session on March 1 to consider the nominations of Robert Gordon, who is nominated to serve as the Assistant Secretary for HHS; January Contreras, who is nominated to serve as Assistant Secretary for Family Support at HHS; and Rebecca Jones Gaston, who is nominated to serve as the Commissioner on Children, Youth, and Families at HHS. Gordon’s nomination was approved by a vote of 21 to 7, Contreras’ nomination was approved by a vote of 16 to 12, and Gaston’s nomination was approved by a vote of 16 to 12. The nominations will now advance to the full Senate for consideration. Gordon is a senior counselor at the Center on Budget & Policy Priorities and senior advisor for Poverty Solutions at the University of Michigan. During the Obama-Biden Administration, Gordon served as an acting assistant secretary at USED, and as acting deputy director and executive associate director at the Office of Management & Budget (OMB). During the Obama-Biden Administration, Contreras served as Ombudsman for Citizenship and Immigration Services at the U.S. Department of Homeland Security (DHS), and as a designee to the White House Council on Women and Girls. Prior to her nomination, Gaston served as the Child Welfare Director for the State of Oregon’s Department of Human Services.
March 1, 2022

Upcoming Events (Congress & Administration):

• On March 16 at 11:30 am, the National Assessment Governing Board (NAGB) and National Center for Education Statistics (NCES) will host an event titled, “2019 National Assessment of Educational Progress (NAEP) High School Transcript Study Release.” During the event, NAGB and NCES will discuss findings from the 2019 NAEP High School Transcript Study, which provides information on the types of courses high school graduates take, how many credits students earn, students’ grade point averages, and the relationship between course-taking and NAEP scores.  More information and registration are here.

Upcoming Events (Outside Organizations):

• On March 7 to 10, South By Southwest (SXSW) will hold an event titled, “SXSW EDU 2022.” The conference will feature a diverse array of speakers, sessions, workshops, learning experiences, performances, and film screenings “programmed to foster learning and discovery for all education stakeholders.” More information and registration are here.
• On March 10 at 12:00 pm, The Aspen Institute will hold an event titled, “Reimagining School Sports: A New Playbook for High School Sports.” During the event, panelists will discuss findings from a new report released by the Aspen Institute’s Project Play titled, “Sport for All, Play for Life: A Playbook to Develop Every Student Through Sports.” More information and registration are here.

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Publications (Congressional and Administration):

• On February 22, the National Center for Education Statistics (NCES) released a report titled, “Impact of the COVID-19 Pandemic on Public and Private Elementary and Secondary Education in the United States: Results from the 2020-21 National Teacher and Principal Survey (NTPS).” The report presents preliminary findings from the NTPS focused on how schools adapted to the pandemic during the 2019-20 school year. Key findings include identifying that during the spring of 2020, 77 percent of public schools reported moving classes to online distance-learning formats; that 83 percent of public school teachers reported that all or some of their classes were shifted to remote learning; and that urban and suburban public school teachers reported shifts at higher rates than those in towns and rural areas. The report also found that 63 percent of private school teachers reported using scheduled real-time lessons that allowed students to ask questions through a video or audio call, compared to 47 percent of public school teachers. The report is here.
• On March 1, NCES released the latest round of findings from the experimental Institute of Education Sciences (IES) School Pulse Panel and a new round of data collected through the National Assessment of Educational Progress (NAEP) pre-assessment activities. The data examine learning modes, quarantine prevalence, and COVID-19 mitigation strategies within schools. Key findings include identifying that 44 percent of public schools reported having at least one teaching vacancy as of January 2022; for public schools who reported having either a teaching or staff vacancy, over 50 percent of vacancies were due to resignation; and less than 2 percent of fourth-and eighth-grade public school students were enrolled in remote learning in winter 2022. The School Pulse Panel data are here, the NAEP data are here.
• On March 2, the U.S. Government Accountability Office (GAO) published a report titled, “Department of Education Should Help States Address Student Testing Issues and Financial Risks Associated with Virtual Schools, Particularly Virtual Charter Schools.” The report found that virtual charter schools had significantly lower proficiency rates on state tests compared with other school types. The report also found that virtual schools may pose increased financial risks due to challenges measuring attendance and contracts with management organizations. Key recommendations include that USED examine lower testing participation rates in virtual public schools and ensure states report comparable attendance information for public schools, as well as accurate information on charter schools’ contracts with management organizations. The full report is here.

Publications (Outside Organizations):

• On February 24, President of the Fordham Institute Michael Petrilli and David Griffith published a piece in The 74 Million titled, “Charter Schools Drive Academic Gains for Their Own Students — and for Kids in Nearby District Schools.” The piece elevates two recently published studies on charter schools: “How Do Charter Schools Affect System-Level Test Scores and Graduation Rates? A National Analysis,” by Feng Chen and Douglas N. Harris at the National Center on Research on Education Access and Choice (REACH) and “Still Rising: Charter School Enrollment and Student Achievement at the Metropolitan Level,” by David Griffith. According to Petrilli and Griffith, coupled together, the studies find that as charters expand, urban charters both “boost” the achievement of enrolled urban students while providing “broad and statistically significant gains for all publicly enrolled students.” In their piece, Petrilli and Griffith use this finding to argue that “the growth of charter schools should boost achievement overall for students in a given community.” The piece is here.
• On February 25, the National Association for the Education of Young Children (NAEYC) published a report titled, “Saved But Not Solved: America’s Economy Needs Congress to Fund Child Care.” The report presented findings from a survey of early childhood educators across all states and settings. The survey found that while emergency federal and state relief funds have provided critical support for stabilizing child care programs and prevented more widespread permanent program closures, chronic child care staffing shortages persist and threaten recent economic gains. Other key findings include identifying that 92 percent of centers and family child care homes that received stabilization grants through the ARP said that the grants helped their program stay open, and that two-thirds of respondents reported experiencing a staffing shortage that affected their ability to serve families. The full report is here.
• On March 1, AASA, The School Superintendents Association, released a toolkit titled, “AASA Early Learning Cohort Early Childhood & Learning Toolkit.” The resource aims to support providers of early learning, especially school districts, by offering “actionable practices” to promote equity, improve alignment and transitions, establish partnerships, engage families and more. The tool kit links to many research-based strategies, articles, and resources to support school systems nationwide in their work with young children and their families. The toolkit is here.
• On March 4, Chiefs for Change published a report titled, “Investment in Action: Telling the Story of how Federal Pandemic Recovery Funds are Supporting Students.” The resource is intended to help school district leaders effectively communicate with parents about the federal pandemic recovery funds they’ve spent to help students. More specifically, the report brings together examples and tips from states and school districts to support system leaders in communicating how they are using relief funds, how they are engaging their communities, and how they are ensuring transparency and accountability. The report includes strategies for communicating across a variety of modes, including public presentations, written communications, digital platforms and social media, and visual communications. The full report is here.

Legislation:

H.R. 6893
A bill to provide for the long-term improvement of minority-serving institutions, and for other purposes.
Sponsor: Rep. Alma Adams (D-NC)

H.R.6898
A bill to amend the Higher Education Act of 1965 to change certain eligibility provisions for loan forgiveness for teachers, and for other purposes.
Sponsor: Rep. Jahana Hayes (D-CT)

H.R.6934
A bill to amend the Higher Education Act of 1965 to authorize the Secretary of Education to make grants to institutions of higher education to provide free meals to low-income students through existing on-campus meal programs, and for other purposes.
Sponsor: Rep. Adam Schiff (D-CA)

Highlights:

• On February 22, the White House held an event during which U.S. Department of Health and Human Services (HHS) Secretary Xavier Becerra, Gender Policy Council Director Jen Klein, and Deputy Assistant to the President for Economic Mobility Carmel Martin met with parents and their children to discuss the Administration’s proposal to reduce child care costs for families, while increasing the supply of high-quality child care.
• On February 23, the U.S. Department of Education (USED)’s Office of Federal Student Aid (FSA) released a Request for Information outlining its new strategy to overhaul the federal student loan servicing systems to be known as the “Unified Servicing and Data Solution.”
• On February 25, USED released a new fact sheet highlighting ways states and school districts are using ARP funds to reengage students and enhance academic learning by expanding CTE opportunities.

Coronavirus Updates (as related to education):

Administration:

U.S. Department of Education (USED):

Institute of Education Sciences (IES) awards grants using ARP funds to support use of longitudinal data in state recovery policymaking: IES’s National Center for Education Research awarded three new grants, funded through the use of ARP funds, under the “Using Longitudinal Data to Support State Education Recovery Policymaking” competition on February 23. The competition aims to support state education agencies (SEAs) use of their longitudinal data systems as they and local educational agencies (LEA)s reengage their students after the disruptions caused by COVID-19. According to IES, SEAs can use these funds to identify what additional supports schools, staff, and students may need after responding to COVID-19 related disruptions, determine whether the supports are being well implemented, and generate evidence regarding which program and policies are linked to improvements in student education, both for students overall and for underrepresented subgroups who were disproportionately affected by the pandemic. The three grants that were awarded were for: (1) the North Carolina Department of Public Instruction to assess the long-term impacts of school extension programs on student re-engagement and learning recovery; (2) the Tennessee Board of Regents to put data to work to re-engage young adults who experienced pandemic-related educational disruptions; and (3) the Texas Education Agency to study the impact of Texas’s Additional School Year Initiative on student learning loss.
February 23, 2022

USED Secretary Miguel Cardona conducts a series of state visits to Nevada, North Carolina, and Tennessee: In Las Vegas, Nevada, Secretary Cardona joined Congressional members to conduct pandemic recovery discussions with students, parents, and educators on February 24. Specifically, Cardona discussed the importance of mental health support in schools, after-school activities and enrichment programs, and fully funding Title I and Individuals with Disabilities Education Act (IDEA) programs. On February 23, Secretary Cardona joined North Carolina Governor Roy Cooper for a site visit to North Carolina Central University to discuss the importance of mental health and wellness services for students. Following a briefing at the university, Secretary Cardona conducted a roundtable discussion with students about supporting positive mental health outcomes for students. Additionally, Secretary Cardona traveled to Tennessee to discuss the needs of school communities on February 17. While in Tennessee, Secretary Cardona held a roundtable conversation with rural students and education advocates to discuss the specific concerns of rural communities, joined the School Superintendents Association (AASA) National Conference on Education for a fireside chat regarding the resources provided to schools through ARP, and visited Tennessee State University to host a roundtable discussion on efforts to address teacher shortages, ways to strengthen a diverse and qualified teacher pipeline, and Tennessee’s efforts to expand its Grow Your Own program.
February 23 and 24, 2022

USED releases new resource to highlight how states use American Rescue Plan (ARP) funds to reengage students through career and technical education (CTE): On February 25, USED released a new fact sheet highlighting ways states and school districts are using ARP funds to reengage students and enhance academic learning by expanding CTE opportunities. According to the Department, “high-quality CTE programs can be a powerful tool to boost school engagement and on-time graduation” as schools help students address lost instructional time. The fact sheet highlights examples of how states are using relief funds for CTE programs in high schools as part of their work to help students and communities recover and create opportunities for students to pursue higher education and successful careers.
February 25, 2022

Non-Coronavirus Updates:

Administration:

White House:

White House holds event to continue to highlight the need for universal child care: The White House held an event on February 22 during which U.S. Department of Health and Human Services (HHS) Secretary Xavier Becerra, Gender Policy Council Director Jen Klein, and Deputy Assistant to the President for Economic Mobility Carmel Martin met with parents and their children to discuss the Administration’s proposal to reduce child care costs for families, while increasing the supply of high-quality child care — an issue Martin described as “a cornerstone of [President Biden’s] economic policy agenda.” During the meeting, federal officials spoke with parents about the challenges they’ve faced finding affordable, high-quality child care in their communities. Additionally, they outlined how President Biden’s plan “would cut childcare costs in half for most families, ensure that all our 3- and 4-year-olds have access to high-quality preschool and also make sure that our providers [are getting what] they deserve to be paid,” according to Martin. The event signaled that the Administration will continue to use its bully pulpit to call attention to the country’s child care and early learning crisis and to make the case for passing the early learning provisions included in the Build Back Better Act. “My team is working in case we get that bill across the finish line,” Becerra said.
February 22, 2022

U.S. Department of Education (USED):

U.S. Department of Education (USED) releases a proposal to overhaul federal student loan servicing systems: USED’s Office of Federal Student Aid (FSA) released a Request for Information on February 23 outlining its new strategy to overhaul the federal student loan servicing systems to be known as the “Unified Servicing and Data Solution.” According to the Request for Information, borrowers will continue to make payments through servicer websites and receive communications that are co-branded with FSA, when the new contracts go live in December 2023. FSA notes that, “Unlike prior procurements, FSA is not seeking to reduce the number of platforms used or purchase or license platforms from servicers…Instead, servicers will maintain separate processing platforms and work with FSA to build a common servicing data catalogue.” Additionally, FSA goes on to say, “This strategy allows FSA to avoid the cost and performance risks associated with purchasing and relying on a single servicing platform while achieving a variety of goals, including enabling more-straightforward account transfers, creating opportunities for enhanced oversight, and, eventually, providing borrowers with complete account management on StudentAid.gov.” In outlining its sequenced approach, FSA further explained, “Servicers will be required to modify borrower-facing communications to co-brand with FSA and provide account authentication through the FSA ID. This approach will help transition borrowers from associating repayment only with their servicer to a more FSA-centered approach and will help borrowers better access forms and tools on StudentAid.gov. Within the first five years of the contract period, FSA will expand functionality on StudentAid.gov, eventually transitioning full account management, branding and repayment away from servicers’ websites. FSA anticipates publishing this procurement in early spring 2022 and welcomes feedback from potential offerors, higher education stakeholders, and the general public. Information can be sent to Contracting Officer Jackson McClam, (Jackson.McClam@ed.gov) with the subject line “USDS RFI Response.” Responses are due by March 9, 2022.
February 23, 2022

House Education and Labor Committee Ranking Member Virginia Foxx (R-NC) issued a statement in response to the Department’s student loan servicing plan saying, “This is yet another sign the Department does not have a cohesive, workable plan for the future of student loan servicing. Over the last five years, the Department has continually changed its directions while setting out unworkable goals and timelines that were ultimately never accomplished. I encourage the Department to think carefully about how this plan would work in practice and coordinate with its partners to ensure a borrower-centered servicing experience.”
February 23, 2022

USED issues a notice inviting applications for new awards for the Magnet Schools Assistance Program (MSAP): MSAP provides grants to LEAs and consortia of LEAs to create or revise magnet schools under required or voluntary desegregation plans. In this competition, USED seeks to focus applicants on effectively addressing the legislative purpose of the MSAP statute — assisting LEAs in the desegregation of schools through the use of magnet schools — by requiring applicants to demonstrate how they intend to align the elements of their proposed MSAP projects with their required or voluntary desegregation plans, which must be submitted as a component of their applications.  The notice contains six competitive preference priorities, which are: (1) “Need for Assistance”; (2) “New or Revised Magnet Schools Projects and Strength of Evidence to Support Proposed Projects”; (3) “Selection of Students”; (4) “Increasing Racial Integration and Socioeconomic Diversity”; (5) “Inter-district and Regional Approaches”; and (6) “Supporting a Diverse Educator Workforce and Professional Growth to Strengthen Student Learning.” The notice also contains two invitational priorities, which are “Whole-School Magnet Programs,” and “Coordination Across Agencies and Organizations.” Applications will be accepted until April 25.
February 22, 2022

National Advisory Committee on Institutional Quality and Integrity (NACIQI) holds winter meeting, USED Under Secretary Kvaal provides administration policy update: NACIQI, which provides recommendations regarding accrediting agencies that monitor the academic quality of postsecondary institutions and educational programs for federal purposes, held its winter meeting. During the meeting, NACIQI Chairperson Arthur Keiser led a discussion on Accreditation Dashboards, as well as members considered several renewal of recognition applications from accreditors. Additionally, NACIQI members received an administration policy update from USED Under Secretary James Kvaal. Following the briefing, Kvaal tweeted, “Data on student outcomes is a necessary part of rigor in accreditation and improving. @usedgov‘s new Accreditor Handbook describes how accreditors should document their efforts to measure student success.”
February 23 and 24, 2022

USED requests comments on revisions to the 2023-2024 Free Application for Federal Student Aid (FAFSA):  USED is seeking comments on proposed revisions to the FAFSA, which is used to determine the need and eligibility of a student for financial assistance. Specifically, USED proposes to remove questions requiring registration for Selective Service for male students and asking whether students had certain drug-related convictions for offenses that occurred while they were receiving federal student aid. The Department also proposes to add a separate FAFSA for incarcerated students. These changes follow the passage of the FAFA Simplification Act in 2019, which eliminated prohibitions for federal student aid if a student failed to register with Selective Service or had certain drug-related convictions while receiving federal student aid. The FAFSA Simplification Act also restored Pell Grant eligibility for incarcerated individuals. While these changes implement some of the changes in the FAFSA Simplification Act, USED announced in June 2021 that full implementation of the Act will not occur until the 2024-25 award year. Comments will be accepted until April 25. The notice can be found here, including the draft 2023-2024 FAFSA, the Summary of Enhancements to the FAFSA, and the draft 2023-2024 Incarcerated FAFSA, among other documents.
February 24, 2022

USED issues a notice inviting applications for new awards for the Teacher Quality Partnership (TQP) Grant Program: The purposes of the TQP program are to improve student achievement; improve the quality of prospective and new teachers by improving the preparation of prospective teachers and enhancing professional development activities for new teachers; hold teacher preparation programs at institutions of higher education (IHEs) accountable for preparing teachers who meet applicable State certification and licensure requirements; and recruit highly qualified individuals, including individuals of color and individuals from other occupations, into the teaching force. In the fiscal year (FY) 2022 TQP competition, through Absolute Priority 1 and 2, the Department supports new pre-baccalaureate and teacher residency models that would emphasize the creation or expansion of high-quality, comprehensive pathways into the classroom. Through Absolute Priorities 3 and 4, the Department adds a focus on school leadership. This competition also includes four competitive preference priorities. Competitive Preference Priority 1 focuses on projects that propose to increase educator diversity. Competitive Preference Priority 2 focuses on projects that propose to support a diverse educator workforce that is prepared with the necessary certification and credentialing to teach in shortage areas, while recognizing the teachers’ needs in the high-need schools to be served by the proposed project. Competitive Preference Priorities 3 and 4 focus on projects that propose to meet students’ social, emotional, and academic needs and support projects that propose to promote equity in student access to educational resources and opportunities. Applications will be accepted until April 26. The notice can be found here.
February 25, 2022

Congress:

Senate:

Senate Finance Committee to consider HHS nominees: The Senate Finance Committee will hold an executive session on March 1 to consider the nominations of Robert Gordon, who is nominated to serve as the Assistant Secretary for HHS; January Contreras, who is nominated to serve as Assistant Secretary for Family Support at HHS; and Rebecca Jones Gaston, who is nominated to serve as the Commissioner on Children, Youth, and Families at HHS. Gordon is a senior counselor at the Center on Budget & Policy Priorities and senior advisor for Poverty Solutions at the University of Michigan. During the Obama-Biden Administration, Gordon served as an acting assistant secretary at USED, and as acting deputy director and executive associate director at the Office of Management & Budget (OMB). During the Obama-Biden Administration, Contreras served as Ombudsman for Citizenship and Immigration Services at the U.S. Department of Homeland Security (DHS), and as a designee to the White House Council on Women and Girls. Prior to her nomination, Gaston served as the Child Welfare Director for the State of Oregon’s Department of Human Services. If the nominees are approved by the Senate Finance Committee, they will advance to the full Senate for consideration.
March 1, 2022

U.S. Supreme Court:

Supreme Court considers states request to defend Trump-era “public charge” rule: On February 23, the Supreme Court heard oral arguments focused on the Biden’s Administration’s decision to decline to defend a Trump-era interpretation of the “public charge” regulation that determines one’s immigration status based on an individual’s likelihood to become a public charge or rely on government assistance. Under the Trump Administration, DHS expanded the array of public benefits that if expected to be received could disqualify an immigrant from obtaining a green card to include programs such as Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), Supplemental Nutrition Assistance Program (SNAP), Section 8 Housing Choice Voucher Program, Section 8 Project-Based Rental Assistance, and non-cash benefits such as Medicaid and CHIP. The result of the Biden Administration’s decision to not defend the rule being that the rule would be vacated by an Illinois federal court ruling, effectively end two challenges already at the Supreme Court, and would potentially avoid a notice-and-comment process to rescind the rule under the Administrative Procedure Act (APA).

In response the Biden Administration’s decision, Arizona and twelve other states filed a petition for writ of certiorari in the Supreme Court, which the Court granted. According to Roll Call, Arizona Attorney General Mark Brnovich told the justices during oral arguments that “his state and others should be able to intervene to defend the Trump-era rule in a case out of the 9th U.S. Circuit Court of Appeals, since the federal government won’t defend it.” Brnovich went on to argue, “Ultimately, if you allow the actions of the Department of Justice to stand in this case, it sets a dangerous precedent for future administrations to essentially do an end around the APA.” Relatedly, the Biden Administration recently released for comment a proposed, new public charge rule. Brian Fletcher, the principal deputy solicitor general who argued for the government, referenced the proposed rule stating, “This is not a circumvention of notice and comment regulation…DHS is engaged in notice and comment rulemaking that the states will be free to participate in to make a new public charge.” The Supreme Court will issue an opinion in the case by the end of the term at the end of June.
February 23, 2022

Upcoming Events (Congress & Administration):

• On March 1 at 10:00 am, the Senate Finance Committee will hold an executive session to consider the nominations of Robert Gordon, who is nominated to serve as the Assistant Secretary HHS, Rebecca Jones Gaston, who is nominated to serve as the Commissioner on Children, Youth, and Families at HHS, and January Contreras, who is nominated to serve as Assistant Secretary for Family Support at HHS. The hearing will be livestreamed here.
• On March 1 at 10:15 am, the House Education and Labor Health, Employment, Labor and Pensions Subcommittee will hold a hearing titled, “Improving Retirement Security and Access to Mental Health Benefits.” Witnesses have yet to be announced. The hearing will be livestreamed here.
• On March 2 at 10:15 am, the House Education and Labor Higher Education and Workforce Investment Subcommittee will hold a hearing titled, “Investing in Economic Mobility: The Important Role of Hispanic Serving Institutions and Other Minority Serving Institutions.” Witnesses have yet to be announced. The hearing will be livestreamed here.
• On March 2 at 2:00 pm, the House Select Subcommittee on the Coronavirus Crisis will hold a hearing titled, “COVID Child Care Challenges: Supporting Families and Caregivers.” Witnesses include Lea Austin, Ed.D., Center for the Study of Child Care Employment, University of California; Lynette Fraga, Ph.D. Chief Executive Officer, Child Care Aware of America; Gina Forbes, Early Childhood Educator and Parent; and Betsey Stevenson, Ph.D., Professor of Public Policy, Professor of Economics, the University of Michigan. The hearing will be livestreamed here.
• On March 3 and 4, the National Assessment Governing Board will hold its quarterly meeting. More information, including an agenda, can be found here.

Upcoming Events (Outside Organizations):

• On March 4 at 2:00 pm, New America will hold an event titled, “Community College Bachelor’s Degrees.” The event will feature discussion on where and how Community College Bachelor’s programs (CCBs) are connecting students to opportunity, including the basics on where these programs are available and equity implications. More information and registration are here.
• On March 1 at 2:00 pm, The Hunt Institute will hold an event titled, “Early Efforts: Creating a Parent Nation.” The event will feature a discussion around the needs of parents and families and will feature a discussion with Dr. Dana Suskind’s book “Parent Nation.” More information and registration are here.

Latest from EducationCounsel:

• We’re hiring! Our team is currently searching for a passionate advocate for education equity to join our team. The Policy Associate role offers significant opportunity for exposure to education policy, policymakers, and other leaders. It will help candidates develop and improve policy and data analysis skills and gain an increased understanding of policymaking at the state, district, and federal level. EducationCounsel is seeking candidates who can work with the policy advisors and attorneys on our team across a wide range of projects in early childhood, K12, and higher education, and provide support in numerous ways. The position will remain open until filled. Learn more here!

Publications (Congressional and Administration):

• On February 23, the U.S. Government Accountability Office (GAO) released a report titled, “Child Welfare: HHS Should Facilitate Information Sharing Between States to Help Prevent and Address Maltreatment in Residential Facilities.” The report found that inadequate coordination between local, state, and federal agencies can allow abuse in residential facilities, serving youth in foster care and youth with disabilities, to go undetected or unaddressed. The GAO found that a lack of consistent data-sharing and oversight practices across an array of state and local agencies – in conjunction with the HHS and USED – can pose steep challenges to identifying cases of child abuse, holding residential facilities accountable for abuse, and monitoring youth who move to other states. The report recommended that federal agencies facilitate coordination among states to identify best practices for collecting data and preventing and addressing child maltreatment in residential facilities. The report is here. A statement from House Education and Labor Committee Chairman Bobby Scott (D-VA) is here.

Publications (Outside Organizations):

• On February 22, The Education Trust and the U.S. Chamber of Commerce Foundation published a report titled, “Equity in Child Care is Everyone’s Business.” After conducting 12 in-depth interviews with state, regional, and local chambers in seven states, the report ultimately recommends five ways state and local chambers can support working families by supporting female providers of color. Specific recommendations include sharing resources and information with providers about funding opportunities, health insurance, and COVID-19-related health and safety; strengthening diversity, equity, and inclusion initiatives; and offering networking and marketing opportunities for providers and employers. The full report is here.
• On February 24, FutureEd published a new report titled, “Financial Trends in Local Schools’ Covid-Aid Spending.” The report breaks down the COVID-relief spending planned by LEAs, and found that the top priority is academic recovery, which constitutes 28 percent of total spending. Summer learning and afterschool programs make up nearly a quarter of the academic recovery spending, with about $3.5 billion planned, and tutoring and coaching for math and English language skills comprise another 12 percent, or $1.7 billion. The full report is here.
• On February 24, ACT released new survey data titled, “College Preparation Opportunities, the Pandemic, and Student Preparedness: Perspectives From Class of 2021 College-Bound ACT Test-Takers.” The data showed strong links between participating in college preparation activities and applying to college among the class of 2021. According to the survey, though students in the class of 2021, including most college-bound students, said that they participated in college preparation activities, some students’ participation was interrupted by the pandemic. More specifically, nearly half of the class of 2021 reported that at least one of their college preparation activities was canceled due to pandemic restrictions. The full report is here.
• On February 24, the Center for American Progress (CAP) released a report titled, “Child Care Spending Generates Massive Dividends.” The report argues that major child care investments “pay for themselves” through a range of benefits, including improved child and family health, bolstered educational outcomes, and economic recovery. Moreover, the issue brief examines three key domains where early investments in child care “would have cascading benefits”: 1) family and child health; 2) children’s educational outcomes; and 3) economic growth. The full report is here.
• On February 25, Chiefs for Change released a new tool titled, “System-Level Student Wellbeing Data Review Tool.” The tool aims to help state education departments, state health departments and other state agencies review student wellbeing factors and analyze the mental health services available to kids in their state. More specifically, the tool allows users to compare their data to other states and localities to understand bright spots and opportunities for learning. The tool is here.

Legislation:

H.R. 6808
A bill to improve transparency relating to the expenditure of Federal emergency relief funds for elementary and secondary schools, and for other purposes.
Sponsor: Rep. Mike Gallagher (R-WI)