E-Update for the Week of May 28, 2019

Highlights:

• On May 23, the U.S. Department of Education (USED) published in the Federal Register its Unified Agenda for Spring 2019. The publication included multiple proposed regulation changes, including a proposed rulemaking for the Obama era significant disproportionality rule. This was previously delayed by the Department, until a federal court ordered USED to immediately implement the rule ensuring that students of color are not under- or over-identified for special education services.
• On May 21, Senate Majority Leader Mitch McConnell (R-KY), Senate Minority Leader Chuck Schumer (D-NY), Speaker of the House Nancy Pelosi (D-CA), and House Minority Leader Kevin McCarthy (R-CA) met with Trump administration officials to discuss a potential deal on overall spending levels. Congressional leaders met with acting White House Chief of Staff Mick Mulvaney, Secretary of the Treasury Steve Mnuchin, and acting Deputy Director of the Office of Management and Budget Russ Vought. After a day full of negotiations, no budget deal was reached but it is expected the group will meet again to continue discussions.
• On May 20, USED published in the Federal Register a notice that the Department will be accepting applications from colleges and universities who wish to participate in a new Federal Work-Study expansion program. The proposed expansion would remove some rules and restrictions as to how Federal Work-Study funds can be used, allowing for more private sector businesses to partner with colleges and universities.

Budget and Appropriations:

No budget deal as congressional leaders, White House disagree on domestic spending: Senate Majority Leader Mitch McConnell (R-KY), Senate Minority Leader Chuck Schumer (D-NY), Speaker of the House Nancy Pelosi (D-CA), and House Minority Leader Kevin McCarthy (R-CA) met with Trump administration officials to discuss a potential deal on overall spending levels. Congressional leaders met with acting White House Chief of Staff Mick Mulvaney, Secretary of the Treasury Steve Mnuchin, and acting Deputy Director of the Office of Management and Budget Russ Vought. The goal of the meeting was to potentially reach an agreement on a two-year budget deal, which would avoid the impending budget cuts later this year due to the Budget Control Act of 2011 (also known as the sequester). After a day full of negotiations, no budget deal was reached but it is expected the group will meet again to continue discussions. According to POLITICO, major disagreements persisted over non-defense spending, specifically health care and infrastructure. A POLITICO article is here.
May 21, 2019

Congress:

Senate:

The Senate will be in recess for Memorial Day between May 27 and May 31. The Senate will return to session on June 3.

Senate Finance Committee creates federal paid family leave bipartisan working group:  Senate Finance Committee Chairman Chuck Grassley (R-IA) and Ranking Member Ron Wyden (D-OR) announced the creation of a bipartisan working group to explore federal paid family leave. The working group will be included within the Finance Committee and will be co-chaired by Senators Bill Cassidy (R-LA) and Maggie Hassan (D-NH). According to Chairman Grassley and Ranking Member Wyden, the working group will consider existing paid family leave plans, opportunities to expand their availability, potential funding mechanisms and offsets, as well as the possibility of reaching consensus for future legislation. “It’s been several decades since we’ve updated federal family leave laws. I look forward to working with my colleagues in both parties to explore ideas,” stated the Ranking Member. The working group will also include Senators Tim Scott (R-SC), Catherine Cortez Masto (D-NV), Mike Crapo (R-ID), Bob Casey (D-PA), Todd Young (R-IN), and Sherrod Brown (D-OH). A press release is here.
May 22, 2019

House:

The House will be in recess for Memorial Day between May 27 and May 31. The House will return to session on June 3.

Judiciary Committee advances Dreamers bill: The House Judiciary Committee held a full committee markup of H.R.2820, the “Dream Act of 2019.” The bill would provide an opportunity for children who entered the United States without documentation to receive permanent resident status, if they meet certain qualifications. These children are often referred to as “Dreamers.” The bill was reported favorably out of the Committee on a 19-10 partisan vote. A recording of the markup is here.
May 22, 2019

Oversight Committee examines USED efforts to regulate for-profit colleges: The House Oversight Subcommittee on Economic and Consumer Policy held a hearing titled, “Examining For-Profit College Oversight and Student Debt.” The hearing was largely focused on the U.S. Department of Education (USED) efforts to oversee and regulate for-profit colleges and their accreditors. USED principal deputy under secretary Diane Auer Jones testified on behalf of the Department. Democrats, led by Subcommittee Chairman Raja Kristhnamoorthi (D-IL), questioned Jones regarding the Department’s decision to restore federal recognition of the Accrediting Council for Independent Colleges and Schools (ACICS). House Education and Labor Committee Ranking Member Virginia Foxx (R-NC) joined the Subcommittee hearing and argued Democrats were developing a “very unfair” narrative about Jones regarding her intentions to help for-profit education companies over students. Chairman Kristhnamoorthi’s opening statement is here. A recording of the hearing and witness testimonies are here. A POLITICO article is here.
May 22, 2019

Education and Labor Committee explores HBCUs, MSIs: The House Education and Labor Subcommittee on Higher Education and Workforce Investment held a hearing titled, “Engines of Economic Mobility: The Critical Role of Community Colleges, Historically Black Colleges and Universities, and Minority-Serving Institutions in Preparing Students for Success.” The hearing featured testimony from various leaders of HBCUs and MSIs. Democrats, led by Subcommittee Chairwoman Susan Davis (D-CA), focused on the need for greater federal investment in HBCUs and MSIs, including Tribal Colleges and Universities (TCUs). Republicans, led by Ranking Member Lloyd Smucker (R-PA), expressed their support for HBCUs and MSIs, and stated that higher education “should be accessible and attainable, regardless of circumstance, which is why the federal government has made it a clear priority to ensure low-income and first-generation students have the tools they need to prepare for postsecondary education commitments and manage the costs associated with earning a degree.” However, the Ranking Member did not call for greater investment in programs, instead focusing on the need for innovation and increasing access to pathways to success when discussing reauthorization of the Higher Education Act (HEA). Chairwoman Davis’s opening statement is here. Ranking Member Smucker’s opening statement is here. A recording of the hearing and all witness testimonies are here.
May 22, 2019

Administration:

U.S. Department of Education (USED).

USED releases Spring 2019 Unified Agenda: USED published in the Federal Register its Unified Agenda for Spring 2019. The publication included multiple proposed regulation changes, including a proposed rulemaking for the Obama era significant disproportionality rule. This was previously delayed by the Department, until a federal court ordered USED to immediately implement the rule ensuring that students of color are not under- or over-identified for special education services. The notice indicates that the Department will release the proposed rule in September 2019. The Unified Agenda is here. The notice is here. Additional notices include, but are not limited to:

• • A notice of a final rule titled, “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance.” The final Title IX rule is expected to be released in September 2019. The notice is here.
  • A notice of proposed priorities for discretionary grant programs to align USED grant investments with the Administration’s Opportunity Zones initiative. The Opportunity Zones are low-income, low-investment areas that have been identified for economic development and job creation by incentivizing private investment with tax credits. The proposed rule is expected to be released in September 2019. The notice is here.
  • A notice of proposed rulemaking to amend the Family Educational Rights and Privacy Act (FERPA) regulations. The proposed rule will update, clarify, and improve current regulations by “addressing outstanding policy issues.” The proposed rule is expected to be release in February 2020. The notice is here.

May 23, 2019

USED updates College Scorecard, includes program specific outcomes data: USED announced the release of an updated College Scorecard, which is intended to help students gather information and make informed decisions as to within which college, university, or professional program they decide to enroll. Updates to the Scorecard include more comprehensive graduation rate information, student demographic information, the addition of 2,100 non-degree granting institutions, loan debt information regarding individual programs of study, and updated tuition and cost of attendance information. “We committed to students that we would continually improve the College Scorecard so that they could access relevant, accurate and actionable data as they make decisions about their education after high school,” USED Secretary DeVos stated. The College Scorecard is here. A press release is here.
May 21, 2019

USED directs states to immediately implement Obama era significant disproportionality rule: USED published a notice on the Office of Special Education and Rehabilitative Services (OSERS) website announcing that states that should immediately use the Obama-era calculation methodology for determining significant disproportionality. The Obama era significant disproportionality requires districts to determine that students of color are not over- or under-identified for special education services. The Trump administration had previously rescinded this rule, but a federal court determined this rescission violated the Administrative Review Act and required the Department to reinstate the rule. The notice is here.

Relatedly, the National Association of State Directors of Special Education stated the organization is “deeply disappointed” by the “abrupt” decision to immediately implement the Obama era calculation methodology. “A new requirement of this magnitude deserves communication directly from the Department of Education with those responsible for implementation,” stated the organization.
May 20 and 21, 2019

USED expands Federal Work-Study to include more private partnerships, apprenticeships: USED published in the Federal Register a notice that the Department will be accepting applications from colleges and universities who wish to participate in a new Federal Work-Study expansion program. The proposed expansion would remove some rules and restrictions as to how Federal Work-Study funds can be used, allowing for more private sector businesses to partner with colleges and universities. Specifically, the program hopes to allow for more students to access funds while working for private-sector employers through internships, apprenticeships, and other “work-and-learn” arrangements, whereas 90 percent of funds are currently used by colleges to pay for on-campus jobs. In order to improve private-sector partnerships, the program would remove the 25 percent cap on Federal Work-Study funds used to pay wages of students employed by private, for-profit organizations, as well as increase the percentage of wages covered for students working at small businesses from 50 to 75 percent. The notice is here. A Department press release is here.
May 20, 2019

FSA to expand Second Chance Pell experimental sites: The Office of Federal Student Aid (FSA) published an invitation intended to include more “experimental sites” within the Second Chance Pell Experiment. The experiment was initiated by the Obama administration, and has since been extended by the Trump administration. The initiative is intended to expand Pell Grant eligibility to currently incarcerated individuals. The invitation states that the Department is encouraging institutions to apply if they have programs focused on preparing students for employment in a sector or occupation that has a “number of open positions locally or nationally.” Further, the Department is also interested in those programs who can adapt delivery to meet the needs of students and those who would allow students to continue their program upon release. The full notice is here.
May 20, 2019

DeVos compares unions, education associations, governments to Soviet Union “empire”: USED Secretary DeVos delivered remarks to the Young America’s Foundation. During her remarks, the Secretary discussed a “wall in education that keeps too many students from learning.” The Secretary argued that this “wall” separates wealthy, more fortunate students from those who are not, expressing that students without such wealth are comparable to the students living in East Germany during the Soviet Union’s control of the region. Further, the Secretary stated that students face not only a barrier to opportunity but must also confront another “empire,” including governments, unions, and education associations and organizations, who wish to maintain the “status quo.” The Secretary concluded her remarks by advocating for the recently proposed Education Freedom Scholarships, a tax credit program intended to expand school choice options for students. “Learning needs to be lifelong, and students should be free to decide their education each step of that journey,” stated the Secretary. The Secretary’s full remarks are here.
May 17, 2019

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

HHS releases Spring 2019 Unified Agenda, looks to explore regulation on CCDBG and union dues: The U.S. Department of Health and Human Services published in the Federal Register its Unified Agenda for Spring 2019. The publication included multiple proposed regulation changes, including various rules for programs operated within the Administration for Children and Families (ACF). An upcoming notice of proposed rulemaking was included as part of the agenda for the first time regarding union dues paid by child care providers receiving funding from the Child Care and Development Block Grant (CCDBG). Specifically, ACF is requesting public comment regarding statement implementation of dues deduction to determine the best approach to address inconsistencies with the Harris v. Quinn decision. The Unified Agenda is here. The notice is here. Other notices include:

• • • A notice of proposed rulemaking for the adoption and foster care analysis and reporting system. This was previously published in the Unified Agenda. It is expected that the proposed rule will be release in June 2019. The notice is here.
    • A notice of proposed rulemaking for the Head Start duration requirements to increase service duration to a minimum of 1,200 hours by February 2020. This was previously published in the Unified Agenda. The proposed rule is expected to be released in May 2019. The notice is here.
    • A notice of a final rule regarding the Head Start background check requirements. The requirements were previously delayed and this final rule will likely delay implementation of those requirements further. This was previously published in the Unified Agenda. The final rule is expected to be released in August 2019. The notice is here.
    • A notice of proposed rulemaking for the Head Start Designation Renewal System to improve transparency and implementation of the system. This was previously published in the Unified Agenda. The proposed rule is expected to be released in September 2019. The notice is here.
    • A notice of proposed rulemaking for updating the Refugee Resettlement Program requirements. This was previously published in the Unified Agenda. The proposed rule is expected to be released in August 2019. The notice is here.
    • A notice of a final action regarding the apprehension, processing, care, and custody of undocumented minors and unaccompanied, undocumented children. Particularly, the rule will adjust the Flores Settlement Agreement. This was previously published in the Unified Agenda. The final action is expected to be released in September 2019. The notice is here.
    • A notice of a final action regarding implementation of the Violence Against Women Act of 2013 as it relates to the prevention, detection, and response to sexual abuse and sexual harassment of unaccompanied children. This was previously published in the Unified Agenda. The final action is expected to be released in September 2019. The notice is here.
    • A notice of proposed rulemaking for strengthening work requirements for the Temporary Assistance for Needy Families (TANF) program. This was previously published in the Unified Agenda. The proposed rule is expected to be released in September 2019. The notice is here.

May 23, 2019

Publications (Congressional and Administration):

• • • • On May 22, the Government Accountability Office (GAO) published a report titled, “Children Affected by Trauma: Selected States Report Various Approaches and Challenges to Supporting Children.” The report summarizes a review of state efforts to support the needs of children who have faced significant trauma and what challenges state leaders continue to face. Key findings of the report include identifying that states often employ screening tools to help triage the needs of children; that they implement specialized training programs for staff; and that they continue to face high rates of staff turnover, limited time for staff to dedicate to trauma initiatives, the lack of trained clinicians, and the lack of adequate funding to support trauma initiatives. The full report is here.
      • On May 21, the GAO published a report titled, “2019 Annual Report: Additional Opportunities to Reduce Fragmentation, Overlap, and Duplication and Achieve Billions in Financial Benefits.” The report summarizes a review of federal agencies, programs, and initiatives to determine where there are duplicative goals or activities, and actions that can be taken to reduce such duplication. Key findings of the report include that USED can take four additional actions to improve program administration for student loans, particularly income-driven repayment plans. The full report is here.
        • Relatedly, on May 22, House Oversight Committee Ranking Member Jim Jordan (R-OH) sent a letter to Committee Chairman Elijah Cummings (D-MD) requesting a hearing on the GAO report. Specifically, the Ranking Member requested that the report be used as “bipartisan blueprint” for oversight activities. “This duplication report should be a blueprint for our bipartisan oversight to reduce waste, fraud, and abuse in the federal government,” wrote the Ranking Member. The letter is here. A press release is here.
        • Additionally, on May 21, the Senate Homeland Security and Government Affairs Federal Spending and Emergency Management Subcommittee held a hearing on the GAO report. The Comptroller General of the GAO, Gene Dodaro, testified before the Subcommittee. Subcommittee Chairman Rand Paul’s (R-KY) opening statement is here. Ranking Member Maggie Hassan’s (D-NH) opening statement is here. A recording of the hearing is here.
      • On May 21, the U.S. Census Bureau released a dataset titled, “2017 Public Elementary-Secondary Education Finance Data.” The dataset includes revised estimates on per pupil expenditures across the country. A key finding of the dataset includes identifying that per pupil expenditures increased, on average, by 3 percent in 2017 compared to 2016; and that the average expenditure was $12,201 per pupil. The dataset is here.
      • On May 21, the National Center for Education Statistics (NCES) published a report titled, “The Condition of Education 2019.” The report summarizes the analysis of a variety of indicators that suggest the current state of elementary, secondary, and postsecondary education in the United States. Key findings of the report include identifying that there is a significant disparity in postsecondary enrollment based on socioeconomic status of the student, in that students from higher socioeconomic levels were 50 percentage points more likely to enroll compared to the lowest socioeconomic level; that 8-year completion rates at public 2-year institutions were higher for full-time students compared to part-time students; and that public charter school enrollment has increased from 1 to 6 percent of all public school students between 2000 and 2016. The full report is here.

Publications (Outside Organizations):

• • • • On May 22, the Pew Research Center published a report titled, “A Rising Share of Undergraduates Are From Poor Families, Especially at Less Selective Colleges.” The report summarizes a study of college matriculation rates across the country and analyzed based on race and socioeconomic status. Key findings of the report include identifying that colleges and universities are enrolling more students from low-income families; that students are less likely to enroll in a 2-year institution compared to 1996; and that more students from low-income families are likely to enroll in less selective colleges and universities, compared to more affluent peers. The full study is here.
      • On May 22, Bellwether Education Partners published a report titled, “Education in the American South: Historical Context, Current State, and Future Possibilities.” The report summarizes a study of academic outcomes in the American South, and places them in the context of economic, political, and historical contexts. Key findings of the report include identifying that college matriculation rates for Black and Hispanic students in the South are lower than national averages; that college completion rates for the same groups of students are also lower than national averages; and that the South has more secession friendly laws than the rest of the nation, which allow for schools to segregate themselves from a larger district, often resulting in significant school segregation by race and socioeconomic status. The full report is here.
      • On May 22, the Pell Institute published a report titled, “Indicators of Higher Education Equity in the United States.” The report summarizes a study postsecondary enrollment and analyzes such data based on various student identities and indicators. Key findings of the report include identifying that students in the top two income quartiles receive 76 percent of all undergraduate degrees; that only 11 percent of degrees received were by students from the lowest income quartile; and that this gap in degree attainment by socioeconomic status has stayed consistent since 1970. The full report is here.

Upcoming Events (Congressional and Administration):

• • • • On May 30 at 2:00pm, the Office of Federal Student Aid (FSA) is holding a webinar titled, “Understanding the Basics of Public Service Loan Forgiveness.” The webinar will discuss fundamental information about the loan forgiveness program, and the qualifications needed for accessing the program. More information and registration are here.

Upcoming Events (Outside Organizations):

• • • • On May 29 at 2:00pm, the Corporation for National and Community Service is holding a webinar titled, “Notice of Grant Funding Opportunity — 2019 Day of Service Grant Competition: Martin Luther King Jr. Day of Service and September 11th Day of Service and Remembrance.” The webinar will discuss the mentioned grant competitions and provide insight into what will be considered when awarding grants. More information and registration are here.
      • On May 29 at 2:00pm, Future Ready Schools is holding a webinar titled, “Closing the Gap: Digital Equity Strategies for the K-12 Classroom.” The webinar will discuss strategies to address the digital equity gap for students, and for teachers, and provide insight into how districts can address the disparities. More information and registration are here.

Legislation:

H.R.2844

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.2875

A bill to amend the Higher Education Act of 1965 to require additional reporting on crime and harm that occurs during student participation in programs of study abroad, and for other purposes.

Sponsor: Rep. Sean Patrick Maloney (D-NY)

H.R.2888

A bill to explicitly make unauthorized access to Department of Education information technology systems and the misuse of identification devices issued by the Department of Education a criminal act.

Sponsor: Rep. Haley Stevens (D-MI)

H.R.2920

A bill to amend the Higher Education Act of 1965 to support community college and industry partnerships, and for other purposes.

Sponsor: Rep. Robin Kelly (D-IL)

H.R.2958

A bill to increase the recruitment and retention of school-based mental health services providers by low-income local educational agencies.

Sponsor: Rep. Judy Chu (D-CA)

H.R.2966

A bill to amend the Higher Education Act of 1965 to provide formula grants to States to improve higher education opportunities for foster youth and homeless youth, and for other purposes.

Sponsor: Rep. Danny Davis (D-IL)

H.R.2974

A bill to improve the financial literacy of secondary school students.

Sponsor: Rep. Matt Cartwright (D-PA)

H.R.2981

A bill to establish a pilot program at the Small Business Administration that grants awards to historically Black colleges and universities establishing an entrepreneurship curriculum and placement of a Small Business Development Center on the physical campus of the institution, and for other purposes.

Sponsor: Rep. Elijah Cummings (D-MD)

S.1551

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 Durbin (D-IL)

S.1572

A bill to amend the Higher Education Act of 1965 to require additional reporting on crime and harm that occurs during student participation in programs of study abroad, and for other purposes.

Sponsor: Senator Rob Portman (R-OH)

S.1586

A bill to amend the Higher Education Act of 1965 to provide students with disabilities and their families with access to critical information needed to select the right college and succeed once enrolled.

Sponsor: Senator Bob Casey (D-PA)

S.1612

A bill to amend the Higher Education Act of 1965 to support community college and industry partnerships, and for other purposes.

Sponsor: Senator Tammy Duckworth (D-IL)

S.1642

A bill to increase the recruitment and retention of school-based mental health services providers by low-income local educational agencies.

Sponsor: Senator Jon Tester (D-MT)

S.1650

A bill to amend the Higher Education Act of 1965 to provide formula grants to States to improve higher education opportunities for foster youth and homeless youth, and for other purposes.

Sponsor: Senator Bob Casey (D-PA)