E-Update for the Week of May 17, 2021

Highlights:

• On May 13, President Joe Biden announced his intent nominate Catherine Lhamon to serve as the U.S. Department of Education (USED) Assistant Secretary for Civil Rights.
• On May 11, the Senate confirmed Cindy Marten, the superintendent of San Diego Unified School District, as USED Deputy Secretary on a 54-44 vote.
• On May 11, USED announced that it released $36 billion in funding from the American Rescue Plan (ARP) Higher Education Emergency Relief (HEER) fund.

Biden Administration:

Nominations and Personnel:

Biden taps Lhamon to lead USED Civil Rights Office, again: President Joe Biden announced his intent nominate Catherine Lhamon to serve as the U.S. Department of Education (USED) Assistant Secretary for Civil Rights, which is the role she held during the Obama Administration.  Lhamon currently serves on the White House Domestic Policy Council as Deputy Director for Racial Equity and Justice.  “Catherine has devoted her career to ensuring equity is at the core of all her work. She has a strong record of fighting for communities of color and underserved communities, whether as the current Deputy Director of the Domestic Policy Council, the former chair of the U.S. Commission on Civil Rights, or as a civil rights educator at Georgetown University,” stated USED Secretary Miguel Cardona following the announcement. A White House press release is here, and a USED press release is here.
May 13, 2021

Marten confirmed as USED Deputy Secretary: The Senate confirmed Cindy Marten, the superintendent of San Diego Unified School District, as USED Deputy Secretary on a 54-44 vote.  Six Republicans, including Senators Roy Blunt (R-MO), Richard Burr (R-NC), Susan Collins (R-ME), Chuck Grassley (R-IA), Lisa Murkowski (R-AK), and Rob Portman (R-OH), joined with Democrats to support Marten’s nomination.  “Our top priority at the Department of Education is to reopen America’s schools for in-person learning, support students’ social, emotional, and academic needs, and address inequities that have been exacerbated by the pandemic,” USED Secretary Cardona said in a statement. The full statement is here.
May 11, 2021

Budget and Appropriations:

President Biden expected to release full FY22 budget request on May 27: The Office of Management and Budget (OMB) announced that President Biden will unveil his full budget request on May 27. The full proposal for fiscal year (FY) 2022 will include proposals for mandatory spending and tax reform and discretionary spending details that the Administration has yet to release, including proposed funding levels for core U.S. Department of Education (USED) programs. The proposal will also likely describe the President’s vision for infrastructure and jobs spending. The full budget request release follows the president’s earlier “skinny” discretionary budget request that was released in April. A CQ Roll Call article is here.
May 13, 2021

Coronavirus Updates (as related to education):

Administration:

U.S. Department of Education (USED):

Department releases higher education relief funding, expands access to undocumented students: USED announced that it released $36 billion in funding from the American Rescue Plan (ARP) Higher Education Emergency Relief (HEER) fund.  This funding is intended to support both institutions of higher education by covering costs incurred due to the pandemic, and students through emergency student aid grants.  The ARP HEER fund builds upon the two prior HEER funds as authorized by the Coronavirus Aid, Relief, and Economic Security (CARES) Act and the Coronavirus Response and Relief Supplemental Appropriations (CRRSA) Act.  In addition to the funding release, the Department issued an interim final rule that rescinded the previous Administration’s definition of “student,” which was limited to only students who were eligible for federal financial aid under Title IV of the Higher Education Act (HEA).  The new interim final rule defines “student” as anyone who is or was enrolled in an institution of higher education during the COVID-19 national emergency.  This change allows institutions to provide funding to undocumented students, and in some cases, international students. A press release from USED is here, a press release from Senate Health, Education, Labor and Pensions (HELP) Chairwoman Patty Murray (D-WA) is here, and a press release from House Education and Labor Committee Ranking Member Virginia Foxx (R-NC) is here.  The interim final rule is here.
May 11, 2021

FCC, USED seek to connect low-income families, students to broadband subsidy program: The Federal Communications Commission (FCC) and USED launched an outreach campaign to connect millions of students to the Emergency Broadband Benefit (EBB) program.  The temporary $3.2 billion broadband and technology subsidy program is intended to provide subsidies to low-income families and students to improve access to broadband and high-speed internet.  The joint-outreach effort will target 6.5 million Pell Grant recipients and millions of additional families with children participating in free or reduced-price lunch or school breakfast programs.  The agencies seek to inform eligible participants that they can receive a monthly discount of up to $50 per month on broadband service, and equipment such as modems, or up to $75 per month for households on qualifying Tribal lands. A press release is here.
May 11, 2021

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

HHS releases ARP home visiting program funds: The U.S. Department of Health and Human Services (HHS) released approximately $40 million in emergency home visiting funds to states and territories through the Maternal, Infant, and Early Childhood Home Visiting (MIECHV) Program, which supports the delivery of coordinated and comprehensive, high quality, voluntary, evidence-based home visiting services to children and families living in communities at risk for poor maternal and child health outcomes. The funding, which was allocated by the American Rescue Plan (ARP) Act, will be used to provide services and emergency supplies, as well as procurement of technology so that families who cannot access home visiting services due to the pandemic can participate in virtual home visits. A press release is here.
May 11, 2021

ACF issues guidance for Child Care Stabilization Funding: The Administration for Children and Families (ACF) released guidance to support states, territories and tribes in distributing $24 billion in relief funds allotted by the American Rescue Plan (ARP) for child care providers.  The guidance explains specific requirements related to the child care stabilization funds and identifies opportunities for states, territories, and tribes to leverage these resources to support a wide range of child care providers.   According to the guidance, at least 90 percent of states’ and territories’ funding will go as subgrants to “qualified” providers. States and territories can use the remaining funds for administrative activities, technical assistance and “supply-building” activities, or ways to increase the number of child care services in an area. The guidance also states that providers can spend the money on operating expenses, such as wages and benefits, rent and utilities, and cleaning and sanitation. The guidance reiterates that funding is in addition to fiscal year (FY) 2021 Child Care and Development Block Grant (CCDBG) appropriations level and is meant to “supplement, not supplant,” other federal, state, and local funds allocated to provide child care services. The full guidance is here, a press release from ACF is here, and a press release from the White House is here.
May 10, 2021

U.S. Treasury Department (Treasury):

Treasury releases state/local fiscal relief funding, encourages support for early childhood education, afterschool and summer learning, premium pay for educators: The U.S. Treasury Department released guidance for state and local governments related to the $350 billion in fiscal relief funding that was included in the ARP. More specifically, the guidance included information on use of funds, and outlined potential education and families related uses. Allowable uses include addressing educational disparities through new or expanded early learning services, providing additional resources to high-poverty school districts, and offering educational services like tutoring or afterschool programs as well as services to address social, emotional, and mental health needs; promoting healthy childhood environments, including new or expanded high-quality child care; and providing premium pay for essential workers (including child care workers, educators, and school staff). The full guidance is here, and a press release from Treasury is here.
May 10, 2021

Non-Coronavirus Updates:

Administration:

U.S. Department of Education (USED):

FSA denies for-profit law school application for federal student aid program participation: The USED Office of Federal Student Aid (FSA) denied the application for reinstatement to participate in federal student aid programs for Florida Coastal School of Law, a for-profit law school. According to USED, the institution’s reinstatement application was denied due to its failure of the financial responsibility standards; failure to meet the fiduciary standard of conduct; and failure to meet the standards of participation, including the standards of administrative capability. The denial of Florida Coastal School of Law’s application “delivers on President Biden’s commitment to stop for-profit education programs from profiteering off students,” according to the Department. “Florida Coastal School of Law operated recklessly and irresponsibly, putting its students at financial risk rather than providing the opportunities they were seeking,” Cordray said in a statement. “Our commitment is to stand up for all students and ensure their institutions are held to the standards our students and communities expect and deserve.” A press release is here.
May 13, 2021

Upcoming Events (Congressional and Administration):

• On May 18 at 10:00 am, the Senate Health, Education, Labor and Pensions (HELP) Committee will hold a hearing titled, “Paid Leave for Working Families: Examining Access, Options, and Impacts.” The hearing will feature testimony from Vicki Shabo, Senior Fellow at New America; Marcia St. Hilaire-Finn, Founder/CEO of Bright Start Early Care and Preschool; Marianne McManus, Vice President, Health & Benefits at IBM, on behalf of the American Benefits Council; and Elizabeth Milito, Senior Executive Counsel at National Federation of Independent Business. More information is here.
• On May 18 at 12:30 pm, the House Labor, Health and Human Services, Education, and Related Agencies (Labor/HHS) Appropriations Subcommittee will hold a Member’s Day hearing. The Subcommittee has not announced which Members will testify. More information is here.
• On May 19 at 10:15 am, the House Education and Labor Early Childhood, Elementary, and Secondary Education Subcommittee will hold a hearing titled, “Picking up the Pieces: Strengthening Connections with Students Experiencing Homelessness and Children in Foster Care.” No witnesses have yet been announced. More information is here

Upcoming Events (Outside Organizations):

• On May 17 at 12:00 pm, the Inter-American Dialogue will hold an event titled, “Evaluating the Socioemotional Competencies of Students During the Pandemic and School Reopening.” The webinar will feature a discussion about experiences, instruments, and a variety of alternatives for conducting diagnostic assessments at scale in order to assess the socioemotional state of students in the region and understand what recuperation efforts are necessary to support students in a variety of contexts. More information and registration are here.
• On May 18 at 12:00 pm, the Learning Policy Institute (LPI) and AASA, The School Superintendents Association will hold an event titled, “Accelerating Learning: Using Assessments to Determine Student Needs.” The webinar will discuss strategies to assess students’ social and emotional well-being, as well as to illuminate student growth and learning through authentic diagnostic and formative assessments. More information and registration are here.
• On May 18 at 1:00 pm, the Edunomics Lab at Georgetown University will hold an event titled, “Federal Funds Are Flowing: What We’re Finding So Far.” The webinar will feature a discussion of the Edunomics Lab’s findings from their analysis of district plans for spending the incoming federal relief aid for schools. More information and registration are here.
• On May 18 at 2:00 pm, the American Enterprise Institute (AEI) will hold an event titled, “Making College Pay: An Economist Explains How to Make a Smart Bet on Higher Education.” The webinar will address how aspiring students can make strategic rather than romantic decisions about college, how parents can be practical when assisting their children in this process, and how higher education can remain an engine for opportunity, upward mobility, and prosperity. More information and registration are here.
• On May 19 at 3:00 pm, Career Education Colleges and Universities (CECU) will hold an event titled, “Overview of the HEERF III.” The webinar will overview the HEERF III and how institutions can access and use their respective allocations, and will feature a discussion with Acting Assistant Secretary for Postsecondary Education Michelle Asha Cooper. More information and registration are here.
• On May 19 at 3:00 pm, Third Way will hold an event titled, “Student Well-Being, Belonging & Success in Higher Ed.” The webinar will feature a conversation on student welfare and success with Andrew Gumbel, journalist and author of Won’t Lose This Dream; Dr. Mesmin Destin, Associate Professor of Psychology at Northwestern University; and Chynna Lloyd, Outreach and Training Fellow at Young Invincibles and graduating senior at California State University, Northridge. More information and registration are here.
• On May 20 at 7:00 pm, the American Enterprise Institute (AEI) will hold an event titled, “Rescuing American History from Revisionists and Race Hustlers.” The webinar will feature a conversation with a collection of scholars who are “pushing back against” a “politicized” view of American history relating to the experience of Black Americans in contemporary society. More information and registration are here.
• On May 20 at 12:00 pm, Whiteboard Advisors will hold an event titled, “What Is Budget Reconciliation Anyway?” The event will discuss the basics of budget reconciliation and its implications for education and workforce policy. More information and registration are here.

Publications (Outside Organizations):

• On May 13, Georgetown University Center on Education and the Workforce published a report titled, “The Cost of Economic and Racial Injustice in Postsecondary Education.” The report examined the costs of inequality in the U.S. education system and found that the nation’s economy misses out on $956 billion dollars per year, along with numerous nonmonetary benefits, as a result of postsecondary attainment gaps by economic status and race/ethnicity. Other key findings include that closing these gaps would require an initial public investment of at least $3.97 trillion; and that equalizing educational attainment without increasing student debt for low-income adults could also boost GDP by a total of $764 billion annually. The full report is here.
• On May 12, the National Bureau of Economic Research published a report titled, “School Reopenings, Mobility, and COVID-19 Spread: Evidence from Texas.” The report examines the effect of fall 2020 school reopenings in Texas on county-level COVID-19 cases and fatalities. Key findings include that reopening Texas schools gradually but substantially accelerated the community spread of COVID-19; that reopenings often occurred alongside high community spread and at near capacity, making it difficult to meet social distancing recommendations; and that school reopenings led to at least 43,000 additional COVID-19 cases and 800 additional fatalities within the first two months. The full report is here.
• On May 12, the Georgetown Law Center on Poverty and Inequality published a report titled, “Building Foundations of Health and Wellbeing in School: A Study of Restorative Practices and Girls of Color.” The report examined associations between school-based restorative practices and protective health factors for girls of color, and collected qualitative data from focus groups with more than sixty Black and Latina girls attending public middle and high schools across the U.S. Key findings include that for girls of color, non-disciplinary restorative practices is affirmatively associated with improved health factors; and that more specifically, restorative practices outside the disciplinary context also resulted in benefits in school connectedness, peer relationships, and social and emotional literacy (SEL) skills, amongst other areas. The full report is here.
• On May 11, the Hoover Institution published a series of reports titled, “How to Improve Our Schools in the Post-COVID Era.” The reports offer recommendations on teacher compensation, school accountability, school choice, collecting student achievement data, managing school budgets in a crisis, graduation pathways, portfolio districts, and the alignment of research and policy decisions. Key recommendations include supporting the academic and socio-emotional needs of students as the “paramount driver of long-term recovery plans;” focusing funding on “results, not just seat time;” and redesigning high schools to be “student-centered and focused on knowledge and skill demonstration.” The full series is here.

Legislation:

H.R.3100
A bill to amend the Food and Nutrition Act of 2008 to expand the eligibility of students to participate in the supplemental nutrition assistance program, establish college student food insecurity demonstration programs, and for other purposes.
Sponsor: Rep. Jahana Hayes (D-CT)

H.R.3106
A bill to amend the Workforce Innovation and Opportunity Act to provide funding, on a competitive basis, for summer and year-round employment opportunities for youth ages 14 through 24.
Sponsor: Rep. Robin Kelly (D-IL)

H.R.3115
A bill to amend the Child Nutrition Act of 1966 and the Richard B. Russell National School Lunch Act to make breakfasts and lunches free for all children, and for other purposes.
Sponsor: Rep. Ilhan Omar (D-MN)

H.R.3136
A bill to amend the Higher Education Act of 1965 to strengthen the disclosure requirements for institutions of higher education related to foreign gifts and contracts.
Sponsor: Rep. Mo Brooks (R-AL)

H.R.3137
A bill to amend title III of division H of the Consolidated Appropriations Act, 2021 to prohibit the expenditure of funds on the priorities noticed in the proposed rule submitted by the Department of Education relating to Proposed Priorities-American History and Civics Education, and for other purposes.
Sponsor: Rep. Madison Cawthorn (R-NC)

H.R.3157
A bill to amend section 8526A of the Elementary and Secondary Education Act of 1965 to prohibit Federal mandates, direction, or control with respect to American history and civics education, and for other purposes.
Sponsor: Rep. Greg Murphy (R-NC)

H.R.3163
A bill to prohibit the award of Federal funds to schools that promote certain race-based theories to students, and for other purposes.
Sponsor: Rep. Chip Roy (R-TX)

H.R.3166
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.3179
A bill to codify Executive Order 13950 (relating to combating race and sex stereotyping), and for other purposes.
Sponsor: Rep. Dan Bishop (R-NC)

H.R.3186
A bill to award career pathways innovation grants to local educational agencies and consortia of 2 local educational agencies, to provide technical assistance within the Office of Career, Technical, 3 and Adult Education to administer the grants and support the local educational agencies with the 4 preparation of grant applications and management of grant funds, to amend the Higher Education 5 Act of 1965 to support community college and industry partnerships, and for other purposes.
Sponsor: Rep. Angie Craig (D-MN)

H.R.3199
A bill to establish a competitive grant program at the U.S. Department of Education to support the development, production, and distribution of public media programming designed to prepare Americans for in-demand occupations that address the needs of State and local economies.
Sponsor: Rep. Raja Krishnamoorthi (D-IL)

H.R.3230
A bill to amend the Richard B. Russell National School Lunch Act to establish a program for the procurement of domestically grown unprocessed fruits and vegetables to provide healthier school meals, and for other purposes.
Sponsor: Rep. Peter Welch (D-VT)

S.1540
A bill to amend the Child Abuse Prevention and Treatment Act to provide for better protections for children raised in kinship families outside of the foster care system.
Sponsor: Senator Maggie Hassan (D-NH)

S.1543
A bill to amend the Public Health Service Act to provide best practices on student suicide awareness and prevention training and condition State educational agencies, local 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.
Sponsor: Senator Maggie Hassan (D-NH)

S.1562
A bill to amend the Workforce Innovation and Opportunity Act to provide funding, on a competitive basis, for summer and year-round employment opportunities for youth ages 14 through 24.
Sponsor: Senator Dick Durban (D-IL)

S.1565
A bill to provide for hands-on learning opportunities in STEM education.
Sponsor: Senator Jeanne Shaheen (D-NH)

S.1602
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.1607
A bill to require the Secretary of Veterans Affairs to improve how the Department of Veterans Affairs discloses to individuals entitled to educational assistance from the Department risks associated with using such assistance at particular educational institutions and to restore entitlement of students to such assistance who are pursuing programs of education at educational institutions that are subject to Federal or State civil enforcement action, and for other purposes.
Sponsor: Senator Brian Schatz (D-HI)

S.1626
A bill to award career pathways innovation grants to local educational agencies and consortia of local educational agencies, to provide technical assistance within the Office of Career, Technical, and Adult Education to administer the grants and support the local educational agencies with the preparation of grant applications and management of grant funds, to amend the Higher Education Act of 1965 to support community college and industry partnerships, and for other purposes.
Sponsor: Senator Tina Smith (D-MN)