E-Update for the Week of November 19, 2018
Highlights:
- On November 16, USED released a proposed regulation under Title IX, the federal civil rights law that prohibits discrimination on the basis of sex in education programs or activities that receive federal funding, related to schools’ responses to sexual harassment and assault. Key provisions of the proposed regulation that have gained attention include: the proposed rule would require schools to apply basic due process protections for students, including a presumption of innocence throughout the grievance process; written notice of allegations and an equal opportunity to review all evidence collected; and the right to cross-examination, subject to “rape shield” protections.
- On November 13, Senate HELP Committee Chairman Lamar Alexander (R-TN) and Ranking Member Patty Murray (D-WA), along with Senators Sheldon Whitehouse (D-RI) and Cory Garnder (R-CO), introduced S. 3611, the “Faster Access to Federal Student Aid Act of 2018 (FAFSA) Act, which will facilitate the sharing of information between the U.S. Department of Education (USED) and the Internal Revenue Service (IRS).
- On November 14, current Senate Majority Leader Mitch McConnell (R-KY) was re-elected as Senate Majority Leader for the 116th Senator Chuck Schumer (D-NY) was re-elected as Senate Minority Leader. Additionally, on November 14, House Republicans held their caucus leadership elections for the 116th Congress, resulting in Representative Kevin McCarthy (R-CA) being elected House Minority Leader. Representative McCarthy defeated Rep. Jim Jordan (R-OH), who is the former chairman of the Freedom Caucus.
Every Student Succeeds Act (ESSA):
USED releases guidance for states submitting amendments to ESSA plans: USED released a letter to Chief State School Officers outlining the process for states to submit amendments to their approved ESEA consolidated State plans. When submitting an amendment to the Department for approval, states will be required to submit: 1) a redlined version of the approved consolidated State plan that reflects all proposed changes; 2) a cover letter describing the proposed changes; 3) the signature of the chief State school officer or authorized representative; and 4) a description of how the State provided the public a reasonable opportunity to comment on the plan. Additionally, USED has requested that states submit any amendments related to accountability determinations for the 2019-2020 school year no later than March 1, 2019. Letter can be found here.
November 16, 2018
Budget and Appropriations:
House leaders of the Joint Select Committee announce delay in considering changes to Budget, Appropriations processes: House Budget Committee Chairman Steve Womack (R-AL) and House Appropriations Committee Ranking Member Nita Lowey (D-NY) announced a delay in the proceedings of the Joint Select Committee on Budget and Appropriations Process Reform until November 27. The Joint Select Committee was charged with considering and recommending reforms for the current budget and appropriations processes in Congress. “Unless there is some agreement between [Senate Majority Leader Mitch McConnell (R-KY)] and [Senate Minority Leader Chuck Schumer (D-NY)], this imperils all the work we have done to date,” Ranking Member Lowey stated. The deadline for the select committee to report its final bill is November 30. Chairman Womack’s opening statement is here. Ranking Member Lowey’s opening statement is here. The report from the Joint Select Committee is here.
November 15, 2018
Congress:
Scott, Murray introduce bill to prohibit seclusion and restraint of students with behavior challenges: House Education and the Workforce Committee Ranking Member Bobby Scott (D-VA), Senate Health, Education, Labor, and Pensions (HELP) Committee Ranking Member Patty Murray (D-WA), Senator Chris Murphy (D-CT), and Rep. Don Beyer (D-VA) introduced a bill that would prohibit schools receiving federal funds from secluding or restraining students as a response to a student’s behavior. Seclusion refers to the isolation of a student from their peers and restraint refers to physically holding a child’s arms or legs. The bill – H.R.7124/S.3626, the “Keeping All Students Safe Act” – would establish minimum safety standards for schools to maintain, require states to monitor implementation of the law, and increase transparency and oversight in regards to student discipline. “Every school should be a safe and welcoming place where all students can get a quality education. Unfortunately, despite evidence that seclusion and restraint practices make schools less safe, thousands of students are still subjected to these disproven methods of discipline,” Ranking Member Scott stated. A press release is here. A fact sheet for the bill is here. A section-by-section of the bill is here.
November 14, 2018
Senate:
Senate to consider nomination of Kraninger as CFPB director: Senate Majority Leader Mitch McConnell (R-KY) filed cloture on the nomination consideration for Kathy Kraninger as the director of the Consumer Financial Protection Bureau (CFPB). The Senate will vote on Kraninger’s nomination when it returns after Thanksgiving recess.
November 15, 2018
McConnell, Schumer re-elected to Senate Leadership, Ernst added to Republican ranks: Both Senate Republicans and Senate Democrats held their respective caucus leadership elections. Current Senate Majority Mitch McConnell (R-KY) was re-elected as Majority Leader for the 116th Congress, and Current Senate Minority Leader Chuck Schumer (D-NY) was also re-elected. In a statement after his re-election, Senate Majority Leader McConnell highlighted various accomplishments of Republicans during the 115th Congress, including a “transformation” of the federal judiciary and the end of the individual mandate for the Affordable Care Act (ACA). A press release from Majority Leader McConnell is here.
Other changes for the Republican conference in the 116th Congress include that Senator John Thune (R-SD) will be the Majority Whip, as the current Majority Whip, Senator John Cornyn (R-TX), is term-limited in this position. Senator John Barrasso (R-WY) will be the Conference Chairman, Senator Roy Blunt (R-MO) will be the Republican Policy Committee Chairman, and the leadership team’s newest member, Senator Joni Ernst (R-IA) will be the Vice Chairman of the Senate Republican Conference.
November 14, 2018
Alexander, Murray introduce legislation to improve FAFSA: Senate HELP Committee Chairman Lamar Alexander (R-TN) and Ranking Member Patty Murray (D-WA), along with Senators Sheldon Whitehouse (D-RI) and Cory Garnder (R-CO), introduced S. 3611, the “Faster Access to Federal Student Aid Act of 2018 (FAFSA) Act, which will facilitate the sharing of information between the U.S. Department of Education (USED) and the Internal Revenue Service (IRS). According to the National Association of Student Financial Aid Administrators (NASFAA), the bill will “the bill takes the important step of amending both the Internal Revenue Code (IRC) and Higher Education Act (HEA) to allow for cross-agency data-sharing that would improve and streamline the federal student aid system.” Bill text here. NASFAA press release and summary here.
November 13, 2018
House:
McCarthy elected as House Minority Leader, defeats Jordan: On November 14, the House Republicans held their caucus leadership elections for the 116th Congress. Representative Kevin McCarthy (R-CA) was elected House Minority Leader defeating Representative Jim Jordan (R-OH), who is the former chairman of the Freedom Caucus. After his election, Rep. McCarthy described his intention to keep “American continuing moving forward” even in a divided government. Representative Steve Scalise (R-LA) was elected Republican Whip, and Rep. Liz Cheney (R-WY) was elected Conference Chair. A press release from Rep. McCarthy is here.
House Democrats are anticipated to hold their caucus leadership elections when they return from Thanksgiving recess.
November 14, 2018
Administration:
White House:
Trump declares American Education Week, highlights school choice: President Donald Trump issued a proclamation for American Education Week 2018. Within the proclamation, the President stated, “This week, we are reminded of our great responsibility to empower our Nation’s students to develop the skills needed to pursue meaningful careers. We must continue our efforts to expand freedom and opportunity in education, with the knowledge that our country’s future relies on today’s students.” The proclamation also described the president’s efforts toward expanding school choice, including “effective public, charter, magnet, private, parochial, online, and homeschool options.” The full proclamation is here.
November 9, 2018
Trump declares National Apprenticeship Week: President Donald Trump issued a proclamation for National Apprenticeship Week 2018. Within the proclamation, the President stated, “Apprenticeship programs, when implemented effectively, provide workers with an opportunity to “earn and learn” on the job, and pair workplace education with classroom instruction, accelerating the learning process for participants and increasing their marketability.” The full proclamation is here.
November 9, 2018
U.S. Department of Education (USED):
USED releases long-awaited Title IX regulation, claims rule will improve due process for all students: USED released a proposed regulation under Title IX, the federal civil rights law that prohibits discrimination on the basis of sex in education programs or activities that receive federal funding, related to schools’ responses to sexual harassment and assault. Key provisions of the proposed regulation that have gained attention include: the proposed rule would require schools to apply basic due process protections for students, including a presumption of innocence throughout the grievance process; written notice of allegations and an equal opportunity to review all evidence collected; and the right to cross-examination, subject to “rape shield” protections. Proposed regulation can be found here. USED’s summary of the proposed rule can be found here. Section by section can be found here. USED press release can be found here.
November 16, 2018
DeVos ‘willing’ to work with Scott, House Democrats in new Congress: USED Secretary Betsy DeVos expressed she is willing and looking forward to working with House Education and the Workforce Committee Ranking Member Bobby Scott (D-VA) during the 116th Congress. Ranking Member Scott is anticipated to chair the Committee during the new Congress. This is the first time the Secretary has made public comments about the new Congress since Democrats regained the majority after the 2018 midterm elections.
November 13, 2018
DeVos, Alexander spotlight mobile FAFSA application: USED Secretary DeVos and Senate HELP Committee Chairman Lamar Alexander (R-TN) held a joint event in Tennessee to highlight the Department’s recently launched mobile application for students to complete the Free Application for Federal Student Aid (FAFSA). “While this is a major first step in our efforts to transform FSA, there is still much work to be done to simplify the FAFSA and make the student loan repayment process more streamlined and easier to navigate. I look forward to working with Chairman Alexander and Congress on these important reforms,” Secretary DeVos stated at the event. A press release from the Department is here. A press release from Chairman Alexander is here.
November 13, 2018
Upcoming Events (Congressional & Administration):
- On January 14-16, February 19-22, and March 25-28, from 9:00 am to 5:00 pm, the Accreditation and Innovation Negotiated Rulemaking committee will meet in Washington, D.C. USED will publish a separate notice in the Federal Register to announce the location of the meeting. The rulemaking committee announcement is here.
- On January 17-18, February 12-13, and March 11-12, from 9:00 am to 5:00 pm, the Distance Learning and Educational Innovation Subcommittee for the Accreditation and Innovation rulemaking committee will meet in Washington, D.C. USED will publish a separate notice in the Federal Register to announce the location of the meeting. The rulemaking committee announcement is here.
- On January 17-18, February 12-13, and March 11-12, from 9:00 am to 5:00 pm, the Faith-Based Entities Subcommittee for the Accreditation and Innovation rulemaking committee will meet in Washington, D.C. USED will publish a separate notice in the Federal Register to announce the location of the meeting. The rulemaking committee announcement is here.
- On January 17-18, February 12-13, and March 11-12, from 9:00 am to 5:00 pm, the TEACH Grants Subcommittee for the Accreditation and Innovation rulemaking committee will meet in Washington, D.C. USED will publish a separate notice in the Federal Register to announce the location of the meeting. The rulemaking committee announcement is here.
Upcoming Events (Outside Organizations):
- On November 28 at 9:30 am, Education Week and the George Washington University Graduate School of Education are hosting an event titled, “2020 Vision: Education Policy and Politics Beyond the Midterms.” The event will examine results of the 2018 midterm elections and discuss what education issues and controversies will likely resonate during the 2020 elections. Wade Henderson, former president and CEO of The Leadership Council on Civil and Human Rights, will give the keynote address. More information and registration are here.
- On November 28 at 12:00 pm, the Hoover Institution will host an event titled, “Education 20/20 Speaker Series: Civic Education and the Limits of School Choice.” The event will feature two speakers – Naomi Schaefer Riley, who is a resident fellow at the American Enterprise Institute (AEI), and Jonah Goldberg, who is a fellow and Asness Chair in Applied Liberty at AEI. The speakers will discuss the impacts of charter schools, voucher programs, and the importance of a civics education. More information and registration are here.
- On November 28 at 12:00 pm, ETS will host a research forum titled, “Broken Connections: Millennials and the Transition to Adulthood.” The forum will highlight two recent ETS studies on how millennials are disconnected from employment opportunities. Speakers will discuss results of the studies as well as policy opportunities to address the growing disconnection rates. More information and registration are here.
- On November 29 at 9:00 am, the American Enterprise Institute (AEI) will host an event titled, “Work, skills, and community: How to rejuvenate the American working class.” The event will discuss how the 2016 election illustrated a need to reexamine the American working class, and what issues they continue to face. The event will offer recommendations to policymakers, business owners, and citizens. More information and registration are here.
Publications (Congressional and Administration):
- On November 14, the National Center for Education Statistics (NCES) released a data point titled, “Factors that Influence Student College Choice.” The study analyzed data from the High School Longitudinal Study of 2009 and determines the main indicators of what may affect a student’s choice for college after high school. Key findings include determining that academic quality or reputation and availability of desired program of study were the two highest factors affecting choice; distance away from home and family legacy were the least cited factors; and 67 percent indicated cost of attendance as a strong factor influencing their decision. The full report is here.
- On November 13, NCES released a data point titled, “Reasons High School Students Change their Educational Setting.” The report is based on the High School Longitudinal Study of 2009 and analyzed why students left their “base-year” (the school during which they entered the survey). Key findings include the main reason students left their initial school being due to a family or personal reason followed by moving to a new area; “school initiated-reasons such as re-assignment or expulsion were two the least cited reasons for students leaving; and for students who were considered low-income cited “falling behind in school” as a reason for leaving compared to middle and high income students. The full report is here.
Publications (Outside Organizations):
- On November 14, HCM Strategists released a report titled, “Promise to Practice: An independent peer review of the progress to date on identifying and supporting our Nation’s lowest performing schools.” The report analyzed publicly available data on ESSA state plans and information states have published as related to the plan’s implementation. Key findings of the report include identifying only 17 states that meet the threshold for having enough information available to be reviewed thoroughly; determining that only have of the states had a strong emphasis on equity; and determining that almost all states lacked a clear, strong plan for sustaining their school improvement efforts. The full report is here.
- On November 14, the American Enterprise Institute (AEI) released a report titled, “STEM without fruit: How non-cognitive skills improve workforce outcomes.” The study analyzed labor market data and employer perceptions of how a greater emphasis on STEM education has altered the workforce. Key findings include employers suggesting the focus on STEM has ignored the “widespread challenges” relating to skills associated with persistence and character; and employers suggesting a need for more employees with non-cognitive skills such as problem-solving and teamwork. The full report is here.
- On November 13, the Center for American Progress (CAP) released a report titled, “A Quality Approach to School Funding: Lessons Learned from School Finance Litigation.” The study analyzed available school finance litigation to determine implications of school funding on academic quality and access. Key findings include determining that increased education spending is correlated with better student outcomes; that students in high-poverty communities have less access to core academic services; and states have the greatest opportunity to address spending inequities. The full report is here.
Legislation:
H.R.7119
A bill to amend title 38, United States Code, to extend the authority of the Secretary of Veterans Affairs to continue to pay educational assistance or subsistence allowances to eligible persons when educational institutions are temporarily closed, and for other purposes.
Sponsor: Rep. Neal Dunn (R-FL)
H.R.7124
A bill to prohibit and prevent seclusion and to prevent and reduce the use of physical restraint in schools, and for other purposes.
Sponsor: Rep. Donald Beyer (D-VA)
S.3611
FAFSA Act – Faster Access to Federal Student Aid Act of 2018
A bill to amend the Internal Revenue Code of 1986 and the Higher Education Act of 1965 to facilitate the disclosure of tax return information to carry out the Higher Education Act of 1965, and for other purposes.
Sponsor: Senator Lamar Alexander (R-TN)
S.3626
A bill to prohibit and prevent seclusion and to prevent and reduce the use of physical restraint in schools, and for other purposes.
Sponsor: Senator Chris Murphy (D-CT)
S.3627
A bill to amend title 38, United States Code, to provide additional entitlement to Post-9/11 Educational Assistance to certain veterans and members of the Armed Forces who require extra time to complete remedial and deficiency courses, and for other purposes.
Sponsor: Senator Cory Booker (D-NJ)