E-Update for November 14, 2022

The information covered below is from November 4 to 10.

Highlights:

• On November 8, midterm elections were held across the country, the results of which will have effects in both the federal government and state legislatures, and on education policy priorities.
• On November 9, President Biden held a press conference following the midterm elections where he shared the Administration’s current positions on several education-related issues, including affirmative action, support for two years of education beyond high school through apprenticeships or community college, increases for Pell Grants, universal pre-kindergarten, and the child tax credit.
• On November 10, Federal Judge Mark Pittman of the Northern District of Texas blocked President Biden’s student loan forgiveness program ruling it was “an unconstitutional exercise of Congress’s legislative power and must be vacated.”

Administration:

Federal District Judge rules student loan relief program “unconstitutional”: On November 10, Federal Judge Mark Pittman of the Northern District of Texas ruled that President Biden’s student loan forgiveness program was an “an unconstitutional exercise of Congress’s legislative power and must be vacated.” Under the plan, the U.S. Department of Education (USED) plans to cancel up to $20,000 in federal student loans for Pell Grant recipients, and up to $10,000 for non-Pell Grant recipients. Individuals with annual income less than $125,000 and married couples with combined income less than $250,000 are eligible to apply for relief. Judge Pittman, appointed to the federal court by former President Trump in 2019, ruled in favor of the plaintiffs – the Job Creators Network – who sued on behalf of two student loan borrowers who assert that they do not qualify for all of the benefits of the loan forgiveness program. The ruling said that USED lacks the authority to implement the program and is “one of the largest exercises of legislative power without congressional authority in the history of the United States.” Judge Pittman also ruled that the Department did not follow appropriate rulemaking procedures allowing for the public to provide comments on proposed actions. In a statement after the ruling, USED Secretary Miguel Cardona said, “We are disappointed in the decision [but] we are not standing down. The Department of Justice has appealed today’s decision on our behalf, and we will continue to keep borrowers informed about our efforts to deliver targeted relief.”

The debt relief program is already the subject of other litigation in federal courts. Though Supreme Court Justice Amy Coney Barrett has twice rejected emergency requests to block the program, the program was put on a temporary hold by the Eighth Circuit Court of Appeals as they consider an appeal of a lower district court ruling that the plaintiffs lacked standing to challenge the relief program. The Eight Circuit prohibited the Biden Administration from “discharging any student loan debt” until it rules on the case. Since the application for loan forgiveness was announced on October 14, the White House has said that nearly 26 million people have applied and almost 16 million applications have already been approved; however, USED has stopped accepting applications following the November 10 ruling that the program is “unlawful.”

White House:

President Biden addresses education-related issues in post-election press conference: On November 9, President Biden held a press conference following the midterm elections where he shared the Administration’s current positions on several education-related issues. President Biden began his remarks by highlighting what he sees as some of the Administration’s accomplishments, including the Bipartisan Infrastructure Law, which will allow for the expansion of internet access and will address lead pipes in schools. He also touted that he signed into law the Bipartisan Safer Communities Act, which includes investments in programs to expand mental health and supportive services in schools and improve school safety. Additionally, President Biden addressed the Supreme Court’s recent oral arguments in Students for Fair Admissions (SFFA) v. Harvard and SFFA v. University of North Carolina, both of which consider the use of race-conscious policies in college admissions. He shared that he asked the Department of Justice to defend the current policy before the Supreme Court and added, “I’m not prepared to believe that the Supreme Court is going to overrule … the existing decision. That’s far from certain.” He also spoke about his support for increasing access to two years of education beyond high school through apprenticeships or community college and for increases to Pell Grants. He stated that “the cost of college education has increased fourfold,” but the current Pell Grant no longer covers a significant portion of the cost of college. Regarding supports for children and families, President Biden also reiterated the need for universal pre-kindergarten and the expanded Child Tax Credit (CTC), noting that “it cut child poverty by 40 percent when it was in place.”

USED:

USED hosts second “Raising the Bar” event to present best instructional practices to improve student recovery in literacy and math: On November 10, USED hosted a convening of education leaders, researchers, and stakeholders to discuss evidence-based strategies and programs to boost student literacy and math outcomes. The session was the second in a monthly series that will highlight strategies for educators to accelerate pandemic-related academic recovery. The event included three panels with different education leaders discussing acceleration strategies: the first with literacy experts and researchers, the second discussing mathematics recovery strategies, and the third with state and local leaders discussing the initiatives they have adopted in their communities.

In the first panel, Denise Forte, CEO of The Education Trust, emphasized the importance of high-quality, grade-level, and challenging curriculum. Forte said, “[National Assessment of Educational Progress] scores revealed that, despite efforts to increase literacy for black students, most of our efforts have continued to fall short. High-quality instructional materials give the students the opportunity to succeed.” Discussing mathematics recovery during the second panel, Dr. Barbara Dougherty of the University of Hawaii highlighted the recommendations for educators within the Institute of Education Sciences’ What Works Clearinghouse Practice Guides. The final panel featured state and local leaders from Alabama and Rhode Island who shared how their American Rescue Plan Elementary and Secondary School Emergency Relief (ESSER) investments have supported learning recovery. Dr. Eric Mackey, Alabama State Superintendent of Education, spoke about the vetting process the state has done to select high-impact tutoring programs. “We know that tutoring works, but the tutor has to be trained, they may have to be using the right material, and they have to know something very specific about the child,” Dr. Mackey shared. Deputy Secretary Cindy Marten concluded the event by recognizing the connections between each of the panels, stating, “We learned how to best elevate the promising practices of what’s working out in the field … so I encourage everyone to consider … what makes sense for you in your district.” The next convening will take place on December 8, with more information on these upcoming events able to be found here.

Congress:

Senate:

Senate Health, Education, Labor, and Pensions (HELP) Committee Ranking Member Richard Burr requests information from State Education Agencies (SEAs) regarding teacher free association: On November 4, Senate HELP Committee Ranking Member Richard Burr (R-NC) wrote a letter to SEA leaders requesting information on the steps agencies are taking to ensure teachers are not “unwillingly” paying union fees. Burr referenced the Supreme Court’s 2018 decision in Janus v. Am. Fed’n of State, Cty., and Mun. Emps., Council 31, which held that State agencies could not extract fees from nonconsenting public-sector employees. “…It is imperative that all current and prospective teachers be aware of their First Amendment rights of free association,” Ranking Member Burr wrote. The letter makes several requests of SEA leaders, including information about how state departments inform teachers of these rights, ensure consent to union membership, and inform current and prospective teachers about their right to decline association with a teachers’ union.

Upcoming Events (Congress & Administration):

• From November 14 to 20, the National Education Association (NEA) will host events for American Education Week. Each day of the week is dedicated to its own theme to celebrate public school teams and communities, which include students, family, education support professionals, educators, and substitute teachers. More information here.
• From November 14 to 20, the S. Department of Labor will host a number of events for National Apprenticeship Week. Industry, labor, education, workforce, and government leaders will host events to showcase the successes of registered apprenticeships, specifically around their contribution to the economy, advancing racial and gender equity, and supporting underserved communities. The themes of the week include Pre-Apprenticeship and Youth Apprenticeship, Expanding Registered Apprenticeship to Underserved Populations, Women in Apprenticeship, and Veterans in Apprenticeship. First Lady Jill Biden, U.S. Secretary of Commerce Gina Raimondo, U.S. Secretary of Labor Marty Walsh, and USED Secretary Cardona will travel to Chicago, IL, to speak about the Biden Administration’s support for registered apprenticeships and how the programs build pathways to good-paying jobs and strengthen the economy. More information and registration here.
• From November 16-18, the National Assessment Governing Board will host an open meeting in Washington, D.C. Multiple committees will meet on November 17 to discuss recent National Assessment of Educational Progress (NAEP) data and assessment items, including the Executive Committee, Reporting and Dissemination Committee, Assessment Development Committee, Committee on Standards, Design and Methodology, and the Nomination Committee. National Center for Education Statistics (NCES) Commissioner Peggy Carr and Institute of Education Sciences (IES) Director Mark Schneider will both provide updates on federal budgeting and assessment schedules. More information, registration, and instructions to submit public comments are here.
• On November 16 at 10:00 am, The Education Trust and Teach Plus, in conjunction with Rep. Ruben Gallego (D-AZ) will host an in-person briefing titled, “The Educator Shortage: An On the Ground Perspective and What Policymakers Can Do.” The briefing will feature a panel of educators and take place at the Capitol Visitor Center. More information and registration here.
• On November 17 at 9:00 am, New America will host a hybrid event titled, “Progress and Opportunity in Youth Apprenticeship: Looking Back on Four Years of PAYA.” The event will reflect on the learnings of the Partnership to Advance Youth Apprenticeship (PAYA) coalition, as interest and investments in apprenticeships has grown since the coalition’s launch in 2018. The event will include multiple panel sessions featuring current and former youth apprentices, PAYA grantees, policymakers, and education and workforce leaders. The sessions will discuss the successes of programs and the challenges in making apprenticeships high-quality, equitable, and scalable. More information and registration here.
• On December 5 and 6 from 4:00 pm to 7:00 pm, the President’s Advisory Commission on Asian Americans, Native Hawaiians, and Pacific Islanders will host an open meeting. The Commission on Asian Americans, Native Hawaiians, and Pacific Islanders will meet to discuss full and draft recommendations by the Commission’s six Subcommittees on ways to advance equity, justice, and opportunity for Asian American, Native Hawaiian, and Pacific Islander communities. The Subcommittees are: Belonging, Inclusion, Anti-Asian Hate, Anti-Discrimination; Data Disaggregation; Language Access; Economic Equity; Health Equity; and Immigration and Citizenship Status. More information and registration here.

Upcoming Events (Outside Organizations):

• On November 14 at 10:00 am, the Center for Universal Education at The Brookings Institution and The School Superintendents Association (AASA) will host a virtual event titled, “How district leaders start and sustain community schools.” The event will launch an upcoming report titled, “Starting and sustaining community schools: 10 tips for district leaders,” which focuses on the role superintendents and district leaders can play in successfully implementing the community school strategy. The panel will be moderated by Reuben Jacobson, report author and Director of the Education Policy and Leadership Program at American University. Panelists include Adrienne Battle, Director, Metro Nashville Public Schools, TN; Daniel A. Domenech, Executive Director, American Association of School Administrators; Leslie Torres-Rodriguez, Superintendent, Hartford Public Schools, CT; and Ingrid Williams-Horton, Director of Community Schools, Prince George’s County Public Schools, MD. More information and registration here.
• On November 15 at 2:00 pm, the Bipartisan Policy Center will host a webinar titled, “The Supreme Court, Race-Conscious Admissions, and the Campus Fallout.” In light of recent Supreme Court cases considering race in college admissions, a panel of experts will discuss how colleges can prepare for “difficult” questions and conversations about race. Panelists include Fanta Aw, Vice President of Undergraduate Enrollment, Campus Life and Inclusive Excellence at American University; Wanda Heading-Grant, Vice Provost for Diversity, Equity and Inclusion and Chief Diversity Officer at Carnegie Mellon University; and Andrew Tutt, Senior Associate, Arnold & Porter. More information and registration here.
• On November 17 at 7:00 pm, the National Parent Teacher Association (National PTA) will host a virtual town hall to celebrate National Parent Involvement Day. The event is hosted in partnership with the American Federation of Teachers (AFT), The Superintendents Association (AASA), the National Association of Elementary School Principals (NAESP), the National Education Association (NEA), and the National School Boards Association (NSBA). Speakers will highlight the National Standards for Family-School Partnerships and feature new findings from the most recent National Survey of Families. More information and registration here.
• On November 30 at 3:00 pm, the Education Law Center, in partnership with the Learning Policy Institute (LPI) and ETS, will host a webinar titled, “Money Matters: Evidence Supporting Greater Investment in PK-12 Public Education.” The webinar will feature experts in school finance reform to present the benefits of increased education spending in PK-12 public education to improve student achievement. Panelists include Dr. Linda Darling-Hammond, President & CEO of LPI and the Charles E. Ducommun Professor of Education Emeritus at Stanford University; Dr. Rucker Johnson, the Chancellor’s Professor of Public Policy in the Goldman School of Public Policy at the University of California, Berkeley and faculty research associate at the National Bureau of Economic Research; and Dr. Jesse Rothstein, Director of the Institute for Research on Labor and Employment (IRLE) and professor of public policy and economics at the University of California, Berkeley. More information and registration here.

Publications (Congress & Administration):

• On November 10, the Substance Abuse and Mental Health Services Administration (SAMHSA) released new guidelines titled, “National Guidelines for Child and Youth Behavioral Health Crisis Care.” The guidelines offer best practices and implementation strategies to aid in the design and development of services that meet the needs of children, youth, and their families experiencing a behavioral health crisis. SAMHSA released a companion report to the guidelines, titled, “A Safe Place to Be: Crisis Stabilization Services and Other Supports for Children and Youth.” The report emphasizes that the application of a crisis response system geared toward adults does not meet children’s discrete needs, and additional actions are necessary to make sure that crisis response systems are properly designed to differentiate for children. The authors offer recommendations for policymakers and practitioners to develop an appropriate continuum of services for children in crisis, which include designing funding mechanisms to allow youth access to the services they need and using data to inform the continuum of crisis response practices.

Publications (Outside Organizations):

• On November 3, the National Women’s Law Center (NWLC) published a new report titled, “​​Child Care Rescue: How States Are Using Their American Rescue Plan Act Child Care Funds.” The report provides information on how states used supplemental discretionary Child Care and Development Block Grant (CCDBG) funds provided through the American Rescue Plan (ARP) Act. Findings from a state-by-state analysis show that states have used the funds to implement strategies and activities to increase families’ access to affordable, high-quality care and to improve child care workers’ compensation and job conditions.
• On November 8, Education Resource Strategies (ERS) published a new report titled, “Building Toward Effective High-Dosage Tutoring Programs: Lessons Learned From 3 Successful Districts.” Authors interviewed leaders from three districts – Charlotte-Mecklenburg Schools, Indianapolis Public Schools, and Dallas Independent School District – to learn about how their decisions around American Rescue Plan (ARP) spending enabled them to build toward more expansive programs. Leaders in Charlotte-Mecklenburg Schools prioritized the highest-need students for their tutoring program, and Indianapolis Public Schools used a phased pilot approach to provide individualized instruction. In the Dallas Independent School District, schools partnered with more than 30 vendors to meet individualized student needs. Each district shared how applying evidence-based strategies allowed them to scale programs to meet its community’s needs.

Legislation:

H.R. 9280
A bill to prohibit the provision of Federal funds to a local educational agency that imposes or enforces a COVID-19 vaccine mandate on students at the schools served by such agency.
Sponsor: Rep. Jefferson Van Drew (R-NJ)

H.Res. 1462
A resolution expressing support for designating November 2022 as “National Career Development Month.”
Sponsor: Rep. Glenn Thompson (R-PA)