E-Update for the Week of November 22, 2021
EducationCounsel will not publish an E-Update the week of November 29. We will resume publishing on December 6.
Highlights:
- On November 19, the House passed H.R. 5376, the “Build Back Better Act,” – a $1.7 trillion social spending package – by a vote of 220-213, with the support of all but one Democrat, Rep. Jared Golden (D-ME).
- On November 17, the Biden Administration announced the nomination of Rebecca Jones Gaston to be the Commissioner of the Administration for Children and Families (ACF) within the U.S. Department of Health and Human Services (HHS).
- On November 15, President Biden signed H.R. 3684, the “Infrastructure Investment and Jobs Act,” which provides $550 billion in new investments in the nation’s physical infrastructure and competitiveness.
Budget:
House adopts Build Back Better Act, sending package to Senate but final passage timeline uncertain: The House passed H.R. 5376, the “Build Back Better Act,” – a $1.7 trillion social spending package – by a vote of 220-213, with the support of all but one Democrat, Rep. Jared Golden (D-ME). The bill was unanimously opposed by all House Republicans. A vote on the bill followed the release of a cost estimate by the Congressional Budget Office (CBO), which found that the package would add $367 billion to the deficit over 10 years. However, the cost estimate did not take into account possible revenue from increased IRS enforcement, which could further reduce the level of possible deficit spending. The vote followed a request from moderate House Democrats to have a full cost estimate of the package prior to a vote. The package will now move to the Senate for consideration, where it will undergo review by the Senate Parliamentarian to ensure that provisions have a budgetary impact, as required for budget reconciliation legislation, which could result in some provisions being removed from the bill. Additionally, Senate Democratic leadership continues to work primarily with moderate Democratic Senators – Senators Joe Manchin (D-WV) and Krysten Sinema (D-AZ) – to reach an agreement on funding in the package. The Senate will also need to consider amendments to the bill before sending an amended version back to the House for approval. Given these hurdles, Senator Majority Leader Chuck Schumer (D-NY) acknowledged that additional time will be needed for Senate consideration – likely through December. A Dear Colleague by Senator Schumer is here. The CBO cost estimate is here. The text of the Build Back Better Act is here.
November 19, 2021
Leahy announces retirement, leaving Senate Appropriations Committee chairpersonship vacant after 2022 election: Senator Patrick Leahy (D-VT), the current Chairman of the Senate Appropriations Committee, announced his plan to retire rather than seek re-election in 2022. This will mean that Senator Patty Murray (D-WA) is in line to be the leading Democrat on the Senate Appropriations Committee in the second session of the 117th Congress. Assuming Senator Murray decides to lead the Senate Appropriations Committee, Senator Bernie Sanders (I-VT) would likely become the leading Democrat on the Senate Health, Education, Labor, and Pensions (HELP) Committee. Under Senate Democratic rules, it is also likely that there will be new Democratic leadership of the Senate Labor/Health and Human Services (HHS) Appropriations Subcommittee should Senator Murray become the leading Democrat on the full Appropriations Committee. Of note, Senator Richard Shelby (R-AL) is also planning to retire in 2022 leading to new leadership of the Senate Appropriations Committee for Republicans. Senator Susan Collins (R-ME) will likely be the top Republican on the Senate Appropriations Committee following Senator Shelby’s retirement. Senator Leahy’s statement is here.
November 15, 2021
Biden Transition:
Biden announces Rebecca Jones as nominee for ACF Commissioner, Glenna Gallo as USED special education assistant secretary: The Biden Administration announced the nomination of Rebecca Jones Gaston to be the Commissioner of the Administration for Children and Families (ACF) within the U.S. Department of Health and Human Services (HHS). Rebecca Jones Gaston is currently the Child Welfare Director for the State of Oregon’s Department of Human Services that oversees child protection, foster care, and adoption services. Additionally, the Biden Administration announced the nomination of Glenna Gallo to be USED’s Assistant Secretary for Special Education and Rehabilitative Services on November 12. Glenna Gallo has served as the Assistant Superintendent of Special Education in the Office of Superintendent of Public Instruction (OSPI) in Washington state since 2017. More information on Rebecca Jones Gaston is here. More information on Glenna Gallo is here.
November 17, 2021
Coronavirus Updates (as related to education):
Administration:
U.S. Department of Education (USED):
Department approves 15 states’ plans for using ARP homeless children and youth funding: USED approved the American Rescue Plan Act of 2021’s Homeless Children and Youth Fund (ARP-HCY) State Plans for 15 states. The states include Alaska, Arizona, Arkansas, California, Colorado, Louisiana, Maryland, Michigan, Minnesota, Ohio, Texas, Utah, Washington, West Virginia, and Wisconsin. These state plans represent commitments to utilizing the $800 million in funding in ARP designated to identifying and supporting students experiencing homelessness and connecting them to wrap around services. In response to the announcement Senate HELP Committee Chairwoman Patty Murray stated, “During the pandemic, students experiencing homelessness faced truly unthinkable challenges without a safe place to call home, access to internet, or other critical services that students have relied on to learn during the pandemic…With our students back in the classroom, it’s more vital than ever that we quickly identify students experiencing homelessness and get them the resources and support they need to get a quality education.” More information about each state’s ARP-HCY plan can be found here.
November 15, 2021
Congress:
House Education Committee explores USED implementation of pandemic relief funding, Democrats and Republicans seek clarity on funds oversight: The House Education and Labor Subcommittees on Early Childhood, Elementary, and Secondary Education and Higher Education and Workforce Investment held a hearing to examine the implementation of COVID-19 Education funds. During the hearing, USED Deputy Secretary Cindy Marten and Under Secretary James Kvaal answered questions about implementation and oversight of the COVID-19 relief funds included in the Coronavirus Aid, Relief, and Economic Security (CARES) Act, the Coronavirus Response and Relief Supplemental Appropriations (CRSSA) Act, and, most recently, the American Rescue Plan (ARP). The witnesses discussed how the funds have been used to safely reopen schools, implement COVID-19 mitigation strategies, and support evidence-based interventions. The witnesses also underscored the Department’s efforts to highlight and disseminate lessons learned and best practices. Democratic Members called attention to how the relief funding enabled the vast majority of schools to reopen for in-person instruction safely, while supporting students, particularly those who are disproportionately impacted, as they recover from the pandemic. Meanwhile, Republican Members of the Committee expressed concern that only a small percentage of total relief funding has been spent to date. Republicans also raised the issues of mask mandates in schools, the teaching of Critical Race Theory, and the role of parent voice in student education. Additionally, Members from both parties questioned the Department’s implementation of funding, including efforts to ensure states and districts spent funds on allowable uses. In response, the Department emphasized its ARP Elementary and Secondary School Emergency Relief (ESSER) plan review process and its relief funding data portal. More information on the hearing, including a video recording and witness statements, is here. The portal is here.
November 17, 2021
Non-Coronavirus Updates:
Administration:
White House:
In major legislative victory, Biden signs bipartisan infrastructure package into law: President Biden signed H.R. 3684, the “Infrastructure Investment and Jobs Act,” which provides $550 billion in new investments in the nation’s physical infrastructure and competitiveness. The bill, known the bipartisan infrastructure package, provides $65 billion for broadband deployment, including $1.25 billion for a new State Digital Equity Capacity Grant Program which will support the development and implementation of State Digital Equity Plans. Additionally, the bill provides $5 billion for clean school buses, $200 million to address lead contamination in school drinking water, and $500 million for new, competitive grants to enhance energy efficiency in schools. The bill also extends the Secure Rural Schools program for three years. Additionally, the President signed an Executive Order (EO) outlining the Administration’s implementation priorities and establishing an Infrastructure Implementation Task Force to coordinate the law’s effective implementation. The text of the Act is here. A fact sheet on the EO is here. President Biden’s statement is here.
November 15, 2021
U.S. Department of Education (USED):
Department seeks public comment on 2021-2022 CRDC administration: USED announced that the Department is seeking public comment on the Mandatory Civil Rights Data Collection (CRDC) for 2021-22 school year. The purpose of the CRDC is to obtain vital data related to the civil rights laws’ requirement that public local educational agencies (LEAs) and elementary and secondary schools provide equal educational opportunity. In August 2021, the USED’s Office of Civil Rights (OCR) released plans to administer the 2021-22 CRDC, marking the first time that OCR has conducted a civil rights data collection two years in a row for the 2020-21 and 2021-22 school years. The Department noted that the additional collection will allow the agency to identify and address inequities in educational opportunities as the country continues to grapple with the COVID-19 pandemic. For the 2021-22 CRDC, OCR plans to introduce new data categories, such as those relating to students’ educational experiences during the COVID-19 pandemic and restore data categories from previous collections. Specifically, USED is proposing to add data elements to learn the extent to which schools are offering remote and/or in-person instruction to students; restore and expand data about preschool students and teachers; revise the restraint and seclusion definition; and add a nonbinary option to male/female data categories for those schools and districts that already collect that data. Comments will be accepted until on or about January 18, 2022. The Federal Register notice is here. A press release is here.
November 18, 2021
U.S. Department of Labor (DOL):
Labor proposes rescission of Trump-era Industry Recognized Apprenticeship Program: The U.S. Department of Labor (DOL) issued a notice proposing to rescind a rule relating to the labor standards for registration of apprenticeship programs. During the Trump Administration, DOL issued a rule establishing a process for recognizing qualified third-party entities, known as Standards Recognition Entities (SREs), which would, in turn, evaluate and recognize Industry Recognized Apprenticeship Programs (IRAPs). This notice proposes to rescind this rule for the Department’s recognition of SREs and SREs’ role in recognizing IRAPs. In rescinding the IRAP rule, the Department stated that the rule does not align with the Biden Administration’s and Department’s priorities. Specifically, the concerns raised are that IRAPs have fewer quality training and worker protection standards than registered apprenticeship programs (RAPs), and the Department no longer considers it appropriate or necessary to create an additional apprenticeship model. The Department goes on to assert that the IRAP rule threatens to undermine the robust and successful registered apprenticeship system by creating a duplicative system that lacks sufficient oversight and quality. Comments will be accepted until January 14. The Federal Register notice is here.
November 15, 2021
Congress:
House Republicans release parents’ ‘bill of rights’: House Education and Labor Republicans introduced legislation titled, the “Parents’ Bill of Rights,” to “protect parental involvement by reinforcing their right to be heard, their right to see curriculums, and their right to be updated on any violent activity that happens on their children’s campus,” according to a press release. The principles included in the Parents’ Bill of Rights are: parents have a right to know what their children are being taught; parents have the right to be heard; parents have the right to see the school budget and spending; parents have a right to protect their children’s privacy; and parents have the right to keep their children safe. Additionally, the press release notes, “Earlier this month, Virginia parents delivered a political shockwave that was felt across the country. They sent a clear mandate that parents must have a seat at the table when it comes to their students’ education.” Relatedly, House Education and Labor Committee Ranking Member Virginia Foxx (R-NC) recently wrote to Committee Democrats calling for hearings to address parent concerns, including the impacts of pandemic school closures on children, evidence of inappropriate and divisive Critical Race Theory-inspired teaching, and sex and gender education in public schools. Text of the bill is here. A press release is here. A fact sheet is here. The letter is here.
November 17, 2021
Upcoming Events (Outside Organizations):
- On November 30 at 12:30 pm, the Bipartisan Policy Center (BPC) will hold an event titled, “A New Roadmap for Campus Free Expression.” During the event, members of BPC’s Academic Leaders Task Force on Campus Free Expression will discuss their newly released report, “Campus Free Expression: A New Roadmap,” a strategic guide for campus leaders about how to foster a free expression culture that honors their institution’s unique history, mission, and community and commitments to diversity, equity, and inclusion. More information and registration are here.
- On December 1 at 3:00 pm, the Wallace Foundation will hold an event titled, “Paying for Principal Pipelines: Tapping Federal Funds to Support Principals and Raise Student Achievement.” The event will focus on the launch of a new guide, developed by EducationCounsel and Policy Studies Associates, that identifies which federal funding sources can be used to support the seven domains of comprehensive, aligned principal pipelines. More information and registration are here.
- On December 7 at 10:00 am, the Learning Policy Institute will hold an event titled, “From Evidence to Improved Student Outcomes: Connecting Research, Policy, and Practice.” The webinar will feature a conversation with leaders in education research, policy, and practice on the challenges and opportunities to bridge the divide and bring evidence to bear for the benefit of children. More information and registration are here.
Publications (Congress and Administration):
- On November 17, the National Center for Education Statistics (NCES), within the Institute of Education Sciences (IES), published a new report titled, “Revenues and Expenditures for Public Elementary and Secondary School Districts: Fiscal Year (FY) 19.” The report presents data on public elementary and secondary education revenues and expenditures at the LEA or school district level for FY 19. Key findings include identifying both the national median of total revenues per pupil and the national median of current expenditures per pupil increased by 1.2 percent and 2.1 percent, respectively, from FY 18 to FY 19. The report also identifies current expenditures per pupil from the two largest school districts in regions across the country. The full report is here.
- On November 12, the Government Accountability Office (GAO) published a report titled, “Critical Infrastructure Protection: Education Should Take Additional Steps to Help Protect K-12 Schools from Cyber Threats.” The report recommends that USED update its plan for addressing cybersecurity risks in schools and determine whether more specific cybersecurity guidance is needed for the education sector. Key findings in the report include identifying that since the Department first created its plan in 2010, cybersecurity risks facing schools have substantially changed; and that schools have increasingly reported ransomware and other cyberattacks that can cause significant disruptions to school operations. The full report is here.
Publications (Outside Organizations):
- On November 18, the National Association for the Education of Young Children (NAEYC) published a report titled, “Preparing a Profession: Perspectives of Higher Education Leaders on the Future of the Early Childhood Education Workforce.” The report, which presents findings from a survey of higher education leaders, found that there are “deep structural barriers” that prevent students from accessing early childhood education (ECE) degree programs. Other key findings include that almost two-thirds of ECE degree programs have experienced decreases in student enrollment, and that 30 percent of programs have experienced budget cuts. The full report is here.
- On November 18, the National Association of Diversity Officers in Higher Education (NADOHE) published a resource titled, “A Framework for Advancing Anti-Racism Strategy on Campus.” The guide aims to support higher education leaders in fostering equity, inclusion, and justice on their campuses. The framework addresses ten priority areas where anti-racism strategies would significantly improve conditions for students, faculty, and staff of color, and identifies areas of effort where changes can be enacted and resources can be allocated. The full report is here.
- On November 18, the National Student Clearinghouse Research Center published new data on higher education enrollment. The data show that undergraduate enrollment has continued to decline 3.5 percent so far this fall across all sectors. Other key findings include identifying that enrollment at public four-year institutions declined 2.5 percent, compared with a 1.6 percent loss last fall; community college enrollment saw a 6 percent decline, compared with 9.4 percent last fall; and there was a 3.1 percent enrollment drop in international undergraduate students this fall. The data are here.
- On November 17, the Center for Learner Equity (CLE) published a report titled, “A Secondary Analysis of the Most Recent Civil Rights Data Collection (CRDC) to Inform Policy and Practice.” In the report, CLE presents findings from a secondary analysis of the 2017-2018 CRDC released in 2020 to analyze similarities and differences between students with disabilities in charter and traditional public schools and how they have changed over time. Key findings include identifying that the number of students qualifying for special education and related services continues to increase across the nation, and that charter schools are increasingly enrolling a smaller proportion of students with disabilities. The full report is here.
- On November 16, AASA, the School Superintendents Association, in partnership with EducationCounsel, published its first installment of Learning Recovery and Redesign Guidance. The resource, which is designed to help school districts reflect on their recovery and redesign plans, encourages districts to use their ARP ESSER funds to both meet immediate needs while redesigning toward a more student-centered, equity-focused, and future-driven approach. The guidance also includes a self-assessment tool to help districts analyze their recovery and redesign plans, including initial decisions about spending ESSER funds.
- On November 16, the Association of Public and Land-grant Universities (APLU) published a report titled, “Building a Future Workforce for All Learners: How Public and Land-grant Universities and Urban Serving Universities Drive Innovative Solutions.” The report outlines how public universities can incorporate innovations to meet the needs of a rapidly changing labor force, including opportunities to learn 21st century skills, work-and-learn models, and interdisciplinary student programs. Key recommendations include encouraging universities to work with employers to ensure curricula aimed at specific career outcomes align with skill requirements of the job, and forging employer partnerships to develop work-and-learn opportunities that reinforce the skills employers demand. The full report is here.
- On November 15, the Institute for International Education published a new report titled “Open Doors: 2021 Fast Facts.” The report found that during the 2020-21 school year, the total number of international students at U.S. universities declined by 15 percent, a drop that was largely spurred by a 46 percent decline among those studying at a U.S. university for the first time. Additionally, the total number of U.S. students who studied abroad for academic credit also declined by 53 percent. The full report is here.
Legislation:
H.R.5967
A bill to ensure that institutions of higher education with COVID–19 vaccination requirements provide an opportunity for religious exemption from such requirements, and for other purposes.
Sponsor: Rep. Ralph Norman (R-SC)
H.R.5984
A bill to amend part B of the Individuals with Disabilities Education Act to provide full Federal funding of such part.
Sponsor: Rep. Jared Huffman (D-CA)
H.R.5990
A bill to direct the Secretary of Education to carry out a program to recognize high schools and local educational agencies for expanding high-quality dual credit programs.
Sponsor: Rep. Van Taylor (R-TX)
H.R.6002
A bill to require a standard financial aid offer form, and for other purposes.
Sponsor: Rep. Young Kim (R-CA)
H.R.6008
A bill to provide for a grant program to support access to free eye care services for students attending public elementary schools and secondary schools.
Sponsor: Rep. Adam Schiff (D-CA)
H.R.6036
A bill to increase access to higher education by providing public transit grants.
Sponsor: Rep. Conor Lamb (D-PA)
H.R.6053
A bill to amend the Equal Credit Opportunity Act to prohibit discrimination based on an applicant’s institution of higher education, and for other purposes.
Sponsor: Rep. Filemon Vela (D-TX)
H.R.6055
A bill to provide that chapter 1 of title 9 of the United States Code, relating to the enforcement of arbitration agreements, shall not apply to enrollment agreements made between students and certain institutions of higher education, and to prohibit limitations on the ability of students to pursue claims against certain institutions of higher education.
Sponsor: Rep. Maxine Waters (D-CA)
S.3212
A bill to amend part B of the Individuals with Disabilities Education Act to provide full Federal funding of such part.
Sponsor: Senator Chris Van Hollen (D-MD)
S.3218
A bill to amend the Elementary and Secondary Education Act of 1965 to provide for a Parents’ Bill of Rights.
Sponsor: Senator Josh Hawley (R-MO)
S.3228
A bill to amend the Higher Education Act of 1965 to increase the knowledge and skills of principals and school leaders regarding early childhood education.
Sponsor: Senator Bob Casey (D-PA)
S.3247
A bill to extend certain expiring provisions of law relating to benefits provided under Department of Veterans Affairs educational assistance programs during COVID-19 pandemic, and for other purposes.
Sponsor: Senator Catherine Cortez Masto (D-NV)
S.3250
A bill to increase access to higher education by providing public transit grants.
Sponsor: Senator Bob Casey (D-PA)
S.3251
A bill to provide that chapter 1 of title 9 of the United States Code, relating to the enforcement of arbitration agreements, shall not apply to enrollment agreements made between students and certain institutions of higher education, and to prohibit limitations on the ability of students to pursue claims against certain institutions of higher education.
Sponsor: Senator Dick Durbin (D-IL)
S.3254
A bill to provide grants to local educational agencies to help public schools reduce class size in the early elementary grades, and for other purposes.
Sponsor: Senator Jeff Merkley (D-OR)