E-Update for the Week of May 13, 2019

Highlights:

• On May 8, the House Appropriations Committee held a markup of the fiscal year (FY) 2020 appropriations bill for the Departments of Labor, Health and Human Services, Education, and Related Agencies (Labor/HHS). The bill was favorably voted out of the Committee on a partisan vote of 30-23.
• On May 8, the House Education and Labor Committee held a markup of H.R.2480, the “Stronger Child Abuse Prevention and Treatment Act” (CAPTA). The bill was unanimously approved out of Committee. The bill is intended to strengthen federal efforts to prevent and treat child abuse, with special considerations for the impact of the opioids epidemic.
• On May 6, USED filed an appeal with the U.S. Court of Appeals for the District of Columbia Circuit regarding the court’s earlier decision that the Department illegally delayed the implementation of the significant disproportionality rule on the basis of the Administrative Procedures Act. The Department is appealing the decision, but no explanation was provided in the filing.

Budget and Appropriations:

House appropriators advance FY2020 Labor/HHS spending bill, still no Senate movement: The House Appropriations Committee held a markup of the fiscal year (FY) 2020 appropriations bill for the Departments of Labor, Health and Human Services, Education, and Related Agencies (Labor/HHS). The bill was favorably voted out of the Committee on a partisan vote of 30-23. Funding levels for key programs, include: $16.86 billion for Title I programs, an increase of $1 billion from FY2019; $7.68 billion for the Child Care and Development Block Grant (CCDBG), an increase of $2.4 billion from FY2019; $13.36 billion for Individuals with Disabilities Education Act (IDEA) state grants, an increase of $1 billion from FY2019; $11.56 billion for Head Start, an increase of $1.5 billion from FY2019; $350 million for the Preschool Development Grants (PDG), an increase of $100 million from FY2019; $6,345 for the maximum Pell Grant award, an increase of $150; and $400 million for the Charter School Program, a decrease of $40 million from FY2019. The bill is expected to be considered by the full House as early as June, but no official announcement on timing has been made. The Senate Appropriations Committee has yet to release and consider its version of the FY2020 Labor/HHS appropriations bill. A press release from the House Appropriations Committee is here. The bill is here. The report is here.

Additionally, during the markup, House Appropriations Labor/HHS Subcommittee Chairwoman Rosa DeLauro (D-CT) offered an amendment to the bill to provide additional increases for a variety of programs. Key increases include an additional $10 million for career and technical education state grants; $5 million to continue the open text book pilot program; $5 million for magnet schools; and $5 million for IDEA preschool grants.
May 8, 2019

Congress:

Warren, Bonamici urge denial of recognition of ACICS: Senator Elizabeth Warren (D-MA) and Rep. Suzanne Bonamici (D-OR) sent a letter to the Council of Higher Education Accreditation arguing that the council should deny recognition to the Accrediting Council of Independent Colleges and Schools (ACICS). The members of Congress argue that ACICS “disregarded clear warning signs, failed to act quickly enough to protect students and taxpayers, and continued a troubling pattern of failure that has played itself out over and over again as students and taxpayers suffer the consequences.” On November 21, 2018, the U.S. Department of Education (USED) reinstated ACICS as a recognized accreditor. The Obama administration had previously revoked its recognition.
May 10, 2019

Senate:

Murray, Masto to Azar on unaccompanied minor death – ‘beyond unacceptable’: Senate Health, Education, Labor, and Pensions (HELP) Committee Ranking Member Patty Murray (D-WA) and Senator Catherine Cortez Masto (D-NV) sent a letter to U.S. Department of Health and Human Services (HHS) Secretary Alex Azar requesting more information regarding the medical treatment of unaccompanied migrant children in HHS custody. The Senators sent the letter after a 16-year-old minor died in the custody of the Office of Refugee Resettlement (ORR), an HHS office. “This is the third migrant child who has died while in the custody of the U.S. Government in the last six months.  ORR is responsible for protecting children while they remain in U.S. Government custody, and it is beyond unacceptable that children continue to die while under our nation’s protection,” wrote the Senators. The full letter is here. A press release is here.
May 9, 2019

Warren wants plan from new FSA chief on federal student loan program management: Senator Elizabeth Warren (D-MA) sent a letter to Mark Brown, the new chief operating officer of the Office of Federal Student Aid (FSA). The Senator requested that Brown detail his plan for managing the $1.4 trillion federal student loan program, with specifics regarding his plan to oversee student loan servicers; to manage the Public Service Loan Forgiveness program; to enforce the borrower defense rule when for-profit colleges close; and how he intends to address the “student debt crisis.” The letter is here. A press release is here.
May 7, 2019

House:

Education Committee explores student higher education completion, Foxx questions second chance Pell Grants: The House Education and Labor Subcommittee on Higher Education and Workforce Investment held a hearing titled, “The Cost of Non-Completion: Improving Student Outcomes in Higher Education.” The hearing was focused on the benefits of college completion, but also the barriers many students face to completing college in a reasonable timeframe. Subcommittee Chairwoman Susan Davis (D-CA) led Democrats in highlighting the racial disparities as related to college completion, and discussed the importance of wrap around services such as child care, counseling, and food and housing assistance programs. During the hearing, House Education and Labor Committee Ranking Member Virginia Foxx (R-NC) questioned the growing interest in allowing federal prisoners access to Pell Grants, known as second chance Pell. “I do not understand why we want to burden people all over this country to pay for programs for prisons by giving them Pell Grants when the states can take care of this,” stated the Ranking Member. Chairwoman Davis’s full opening statement is here. More information, including witness testimonies and a recording of the hearing, is here.
May 9, 2019

Education Committee unanimously advances CAPTA reauthorization: The House Education and Labor Committee held a markup of H.R.2480, the “Stronger Child Abuse Prevention and Treatment Act” (CAPTA). The bill was unanimously approved out of Committee. The bill is intended to strengthen federal efforts to prevent and treat child abuse, with special considerations for the impact of the opioids epidemic. Specifically, the bill would create uniform standards for reporting child fatalities or near fatalities related to abuse and would create a system that would allow states to share data. Further, the bill would authorize $270 million to expand prevention services and another $270 million to support new research and to support state child protective services agencies. The bill is here. A press release from the Committee Democrats is here. The opening statement from Ranking Member Virginia Foxx (R-NC) is here.
May 8, 2019

Brady on paid family leave – Republicans want to find ‘right way’ to advance issue, support families: The House Ways and Means Committee held a hearing titled, “Paid Family and Medical Leave: Helping Workers and Employers Succeed.” Witnesses included a business owner and advocates for paid family and medical leave, including Pronita Gupta from the Center for Law and Social Policy. During his opening statement, Committee Ranking Member Kevin Brady (R-TX) expressed that Republicans are willing to work with Democrats and President Donald Trump to expand access and to find the “right way to help families balance work and family.” The Ranking Member’s full opening statement is here. More information, including witness testimonies and a recording of hearing, is here.
May 8, 2019

Administration:

U.S. Department of Education (USED):

DeVos to education writers – rethink public education, Federal Safety Report did not impact school discipline rescission: USED Secretary DeVos delivered remarks to the annual Education Writers Association conference. During her remarks, the Secretary described the Administration’s proposed Education Freedom Scholarships and how they are an opportunity to allow “people to direct money they themselves have earned,” referring to the proposal’s function as a tax credit program. Additionally, the Secretary urged attendees to rethink the definition of “public education” and argued that “if every student is part of ‘the public,’ then every way and every place a student learns is ultimately of benefit to ‘the public.'” During the question and answer portion of her remarks, the Secretary claimed that her decision to rescind the Obama era school discipline guidance was not because of the recommendation of the Federal School Safety Commission to do so. Instead, the Secretary argued that the decision to rescind was one that the Department had been considering long before the Commission was created. Further, the Secretary argued that there needs to be equal criticism of “schools that are more elite” after the recent college admissions cheating scandal, especially compared to the level of criticism that for-profit schools receive. The Secretary’s full remarks are here. A POLITICO article is here.
May 6, 2019

USED appeals significant disproportionality rule, requests comments on state survey: USED filed an appeal with the U.S. Court of Appeals for the District of Columbia Circuit regarding the court’s earlier decision that the Department illegally delayed the implementation of the significant disproportionality rule on the basis of the Administrative Procedures Act. The Obama era rule is intended to address the disparities in special education identification for students of color and students with disabilities. The Department is appealing the decision, but no explanation was provided in the filing.

Additionally, on May 10, USED published in the Federal Register a notice requesting comments on a new information collection titled “Significant Disproportionality State Survey.” This new collection will collect detailed information on the State’s use of the standard methodology, or another methodology based upon risk ratios and risk ratio thresholds, to identify significant disproportionality in the local education agencies (LEAs) of the State. The Department will use this information to support States and LEAs in their efforts to comply with the statutory requirement of the Individuals with Disabilities Education Act (IDEA). Specifically, the collection will include information about the extent to which each State has implemented the standard methodology, and steps necessary for States to be in compliance with the December 2016 regulation, including anticipated obstacles States will face and the extent to which States have considered safeguards to ensure compliance with federal law and the U.S. Constitution. Comments will be accepted until July 13. The notice can be found here.
May 6 and 10, 2019

Publications (Congressional and Administration):

• On May 9, the National Center for Education Statistics (NCES) published a report titled, “Revenues and Expenditures for Public Elementary and Secondary School Districts: School Year 2015-16 (Fiscal Year 2016).” The report analyzed school district spending and revenues using the School District Finance Survey that is completed annually. Key findings of the report include identifying that the national median of total revenues and expenditures per pupil increased in all public school districts; that expenditures ranged from $6,175 to $24,109, per district; and that median current expenditures in independent charter school districts were lower than median current expenditures in noncharter school districts and districts that include both charter and noncharter schools in 21 out of 25 states. The full report is here.
• On May 8, the National Center for Education Statistics (NCES) published a report titled, “Student of the Title I, Part A Grant Program Mathematical Formulas.” The study examined the distribution of Title I, Part A funds to better understand how current formulas affect various types of districts. Key findings of the report include identifying that the average Title I final allocation per formula-eligible child was $1,227 in FY2015, but ranged between $984 to $2,590; that areas with the highest Title I allocations were the most densely and least densely populated areas, whereas small suburban areas had the lowest Title I allocations; and districts in areas of highly concentrations of poverty had the highest Title I allocation compared to those districts located in areas of low concentrations of poverty. The full report is here.

Publications (Outside Organizations):

• On May 10, the Civil Rights Project published a report titled, “Harming Our Current Future: America’s Segregated Schools 65 Years after Brown.” The report examines school enrollment patterns, as related to race and socioeconomic status. Key findings of the report include identifying that white and Latino students are the most segregated groups; that white students, on average, attend a school that is at least 69 percent white; that the average Black student attends a school that is at least 47 percent Black; and that all school leaders, including those of charters, should develop equity policies and strategies in attempt to improve integration. The full report is here.
• On May 9, the Economic Policy Institute published a report titled, “Low relative pay and high incidence of moonlighting play a role in the teacher shortage, particularly in high-poverty schools.” Key findings of the report include identifying that teachers’ weekly wages in 2018 were 21.4 percent lower than their nonteaching peers; that in the 2015-2016 school year, 59 percent of teachers took on additional paid work in the school system or outside of it to supplement their salaries; and that there is a correlation between low teacher salary and likelihood of teacher attrition. The full report is here.

Upcoming Events (Outside Organizations):

• On May 14 at 1:00pm, Education Week is holding an online summit titled, “Living with ESSA’s Changes.” The event will focus on questions related to school improvement and accountability, data reporting, assessment, and vulnerable groups of students. More information and registration are here.
• On May 14 at 3:00pm, the Fordham Institute is holding an event titled, “Is Career and Technical Education Having an Identity Crisis?” The event will focus on the momentum around CTE programs, but consider the challenges the programs still face, especially in struggling to have students take courses aligned to “high-quality” or high-wage careers. More information and registration information are here.
• On May 15 at 2:00pm, Education Week is holding a webinar titled, “PBIS and SEL in Action: How Districts are Promoting Positive Behavior.” The event will focus on what districts and schools are doing to use social-emotional learning (SEL) data to prevent behavior issues; to introduce trauma informed practices; to use universal positive behavior intervention strategies (PBIS); and to provide direct instruction to help build social-emotional skills. More information and registration are here.
• On May 16 at 2:00pm, Attendance Works and United Way Worldwide are co-hosting an event titled, “Nurture Dreams: Ensure Students Feel Safe, Supported, Connected, and Engaged.” The webinar will discuss the importance of attendance for middle and high school students, and how chronic absenteeism can be addressed. More information and registration are here.

Legislation:

H.R.2535
A bill to amend the Child Abuse Prevention and Treatment Act to ensure that child protective services systems do not permit the separation of children from parents on the basis of poverty, and for other purposes.
Sponsor: Rep. Gwen Moore (D-WI)

H.R.2549
A bill to amend the Child Abuse Prevention and Treatment Act to require that equitable distribution of assistance include equitable distribution to Indian tribes and tribal organizations and to increase amounts reserved for allotment to Indian tribes and tribal organizations under certain circumstances, and to provide for a Government Accountability Office report on child abuse and neglect in American Indian tribal communities.
Sponsor: Rep. Raul Grijalva (D-AZ)

H.R.2562
A bill to reauthorize title VI of the Higher Education Act of 1965.
Sponsor: Rep. David Price (D-NC)

H.R.2563
A bill to amend the Higher Education Act of 1965 to direct the Secretary of Education to issue guidance and recommendations for institutions of higher education on removing criminal and juvenile justice questions from their application for admissions process.
Sponsor: Rep. Cedric Richmond (D-LA)

H.R.2567
A bill to amend the Child Abuse Prevention and Treatment Act to require mandatory reporting of incidents of child abuse or neglect, and for other purposes.
Sponsor: Rep. Susan Wild (D-PA)

H.R.2574
A bill to amend title VI of the Civil Rights Act of 1964 to restore the right to individual civil actions in cases involving disparate impact, and for other purposes.
Sponsor: Rep. Bobby Scott (D-VA)

H.R.2595
A bill to amend the Higher Education Act of 1965 to increase the income limit of the simplified needs test.
Sponsor: Rep. Adam Kinzinger (R-IL)

H.R.2599
A bill to amend the Public Health Service Act to require State educational agencies and tribal educational agencies receiving funds under section 520A of such Act to establish and implement a school-based student suicide awareness and prevention training policy and school threat assessment team policy, and for other purposes.
Sponsor: Rep. Scott Peters (D-CA)

H.R.2606
A bill to make demonstration grants to eligible local educational agencies or consortia of eligible local educational agencies for the purpose of increasing the numbers of school nurses in public elementary schools and secondary schools.
Sponsor: Rep. Dina Titus (D-NV)

H.R.2632
A bill to reauthorize the child care access means parents in school program.
Sponsor: Rep. Kathleen Clark (D-MA)

H.R.2635
A bill to amend title 18, United States Code, to establish an Office of Correctional Education, and for other purposes.
Sponsor: Rep. Elijah Cummings (D-MD)

H.R.2639
A bill to establish the Strength in Diversity Program, and for other purposes.
Sponsor: Rep. Marcia Fudge (D-OH)

H.R.2651
A bill to amend the Child Nutrition Act of 1966 to clarify the availability and appropriateness of training for local food service personnel, and for other purposes.
Sponsor: Rep. Mark Pocan (D-WI)

H.R.2653
A bill to amend the Elementary and Secondary Education Act of 1965 to address and take action to prevent bullying and harassment of students.
Sponsor: Rep. Linda Sanchez (D-CA)

S.1337
A bill to amend title 18, United States Code, to establish an Office of Correctional Education, and for other purposes.
Sponsor: Senator Brian Schatz (D-HI)

S.1338
A bill to amend the Higher Education Act of 1965 to direct the Secretary of Education to issue guidance and recommendations for institutions of higher education on removing criminal and juvenile justice questions from their application for admissions process.
Sponsor: Senator Brian Schatz (D-HI)

S.1346
A bill to amend the Higher Education Act of 1965 to require the Secretary to provide for the use of data from the second preceding tax year to carry out the simplification of applications for the estimation and determination of financial aid eligibility, to increase the income threshold to qualify for a student aid index equal to or less than zero, and for other purposes.
Sponsor: Senator Cory Booker (D-NJ)

S.1353
A bill to amend the Child Abuse Prevention and Treatment Act to require mandatory reporting of incidents of child abuse or neglect, and for other purposes.
Sponsor: Senator Bob Casey (D-PA)

S.1354
A bill to require certain protections for student loan borrowers, and for other purposes.
Sponsor: Senator Richard Durbin (D-IL)

S.1355
A bill to amend the Internal Revenue Code of 1986 to provide an exclusion from gross income for AmeriCorps educational awards.
Sponsor: Senator Michael Bennet (D-CO)

S.1362
A bill to make demonstration grants to eligible local educational agencies or consortia of eligible local educational agencies for the purpose of increasing the numbers of school nurses in public elementary schools and secondary schools.
Sponsor: Senator Jon Tester (D-MT)

S.1364
A bill to establish an Early Federal Pell Grant Commitment Program.
Sponsor: Senator Debbie Stabenow (D-MI)

S.1387
A bill to amend the Higher Education Act of 1965 in order to improve the service obligation verification process for TEACH Grant recipients, and for other purposes.
Sponsor: Senator Mike Braun (R-IN)

S.1401
A bill to establish eligibility requirements for education support professionals under the Family and Medical Leave Act of 1993, and for other purposes.
Sponsor: Senator Tammy Duckworth (D-IL)

S.1403
A bill to amend the Child Care Access Means Parents in School Program under the Higher Education Act of 1965.
Sponsor: Senator Tammy Duckworth (D-IL)

S.1408
A bill to amend the Child Care and Development Block Grant Act of 1990 to improve child care protections provided through interstate background checks.
Sponsor: Senator Richard Burr (R-NC)

S.1418
A bill to establish the Strength in Diversity Program, and for other purposes.
Sponsor: Senator Chris Murphy (D-CT)