E-Update for the Week of November 25, 2019

Please note that due to the Thanksgiving holiday on November 28, the EducationCounsel E-Update will not be published again until Monday, December 9. That edition will cover developments between November 25 and December 6.

Highlights:

• On November 21, President Donald Trump signed a continuing resolution (CR) to maintain current funding levels for the federal government until December 20. The bill was adopted by the Senate on November 21 by a bipartisan 74-20 vote and the House adopted the bill earlier this week with a largely partisan 231-192 vote.
• On November 20, USED released an updated College Scorecard, which now includes information on median earnings and median debt of a school’s graduates, including earnings in chosen fields of study. Previously, the Scorecard would only provide information about median earnings based on the institution, not disaggregated by field of study.
• On November 18, Senate HELP Committee Ranking Member Patty Murray (D-WA) led 27 Senate Democrats in sending a letter to the U.S. Department of Education (USED) regarding the proposed changes to the Civil Rights Data Collection (CRDC). Additionally, on November 18 House Education and Labor Committee Democrats sent a letter to USED regarding the proposed changes to the CRDC. Lawmakers in both chambers raised issue with the Department’s proposal to eliminate a number of data collection elements.

Budget and Appropriations:

Congress gives itself four-week extension to figure out FY2020 appropriations bills, preventing government shutdown, for now: President Donald Trump signed a continuing resolution (CR) to maintain current funding levels for the federal government until December 20. The bill was adopted by the Senate on November 21 by a bipartisan 74-20 vote and the House adopted the bill earlier this week with a largely partisan 231-192 vote. The bill will provide congressional appropriators another extension to complete the 12 appropriations bills for fiscal year (FY) 2020. According to Senate Appropriations Committee Chairman Richard Shelby (R-AL), negotiations between appropriators are ongoing with some progress being made to determine topline spending bills for all 12 appropriations bills. A statement from House Appropriations Committee Chairwoman Nita Lowey (D-NY) is here. A statement by Senate Appropriations Committee Ranking Member Patrick Leahy (D-VT) is here.
November 21, 2019

Congress:

Senate, House Democrats decry proposed changes to civil rights data collection: Senate HELP Committee Ranking Member Patty Murray (D-WA) led 27 Senate Democrats in sending a letter to USED regarding the proposed changes to the Civil Rights Data Collection (CRDC). The Senators argued that the proposed changes would significantly hinder data collection that is used to bolster and enforce civil rights efforts. “In order to tackle educational inequity, the Department must gather data necessary to full understand the problem. These proposed changes will leave the Department under-informed and ill-equipped to help our most vulnerable students,” wrote the Senators. Comments on the proposed changes closed on November 18. A press release is here. The letter is here.

Relatedly, House Education and Labor Committee Democrats sent a letter to USED regarding the proposed changes to the CRDC. The Members argued that the proposed changes will “mask educational inequities and undermine federal efforts to address differences in areas, including early childhood, school discipline, teacher quality, and school funding.” The Members also argued that the proposed changes undermine the congressional intent of the Every Student Succeeds Act (ESSA), which requires states and schools to provide a number of the data elements the Department proposes to eliminate. Comments on the proposed changes closed on November 18. A press release is here. The letter is here.
November 18, 2019

Senate:

Murray urges DeVos to reconsider actions related income-driven repayment program: Senate Health, Education, Labor, and Pensions (HELP) Committee Ranking Member Patty Murray (D-WA) sent a letter to U.S. Department of Education (USED) Secretary Betsy DeVos urging the Secretary discontinue efforts to implement barriers to income-driven repayment (IDR) for student loan borrowers. The Ranking Member sent the letter citing information from a Government Accountability Office (GAO) report that suggested the Department was incorrect in assuming that the IDR programs posed “significant risk” to borrower fraud. “New information provided by GAO makes clear the Department’s efforts to impose verification procedures on borrowers are based on unsupported assumptions, and I strongly urge the Department to reverse course… Ensuring access to IDR for at-risk borrowers is vital to promoting successful repayment outcomes in the federal loan portfolio,” wrote the Ranking Member. A press release is here. The letter is here. The referenced GAO report is here.
November 21, 2019

Alexander continues to lament Democrats’ blocking HEA package, claims it’s the only way for MSI funding fix: Senate HELP Committee Chairman Lamar Alexander (R-TN) once again delivered floor remarks regarding his attempt to permanently fund Minority Serving Institutions (MSIs). The Chairman again claimed that Senate Democrats have blocked funding for the institutions since they will not agree to support his “bipartisan package of higher education proposals,” which includes funding for MSIs. “Five years is long enough to work on the Higher Education Act. I’m ready to come to a conclusion. We have time to do it and I look forward to being able to say to our six Historically Black Colleges and Universities in Tennessee, the result of our hard work and our debate and discussion is permanent funding,” stated the Chairman. A press release from Chairman Alexander is here. A statement from Chairman Alexander on MSI funding is here.

Related to Chairman Alexander’s remarks, Senate Democrats have objected to the permanent authorization that the Chairman has proposed because they do not believe a comprehensive HEA reauthorization is necessary to fund MSIs, as they have introduced S.1279, the “Fostering Undergraduate Talent by Unlocking Resources for Education (FUTURE) Act.” The bill would reauthorize mandatory funding for MSIs, which expired on September 30.
November 20, 2019

House:

Labor Department confirms improper use of apprenticeship funds, House Democrats probe unauthorized shift: The House Education and Labor Higher Education and Workforce Investment Subcommittee held a hearing titled, “Examining the Policies and Priorities of the Labor Department’s Apprenticeship Program.” During the hearing, U.S. Department of Labor (DOL) Assistant Secretary for Employment and Training John Pallasch confirmed that the Department did misuse $1 million in appropriated funds, but nothing more, to fund the new industry-recognized apprenticeship program (IRAP). The IRAPs are considered to be less regulated compared to the federally registered apprenticeship programs, as recognition of IRAPs would be created by Standards Recognition Entities (SREs), not DOL. The funds were appropriated by Congress to fund the registered apprenticeship program, not the IRAP. The opening statement by Subcommittee Chairwoman Susan Davis (D-CA) is here. The opening statement from Subcommittee Ranking Member Lloyd Smucker (R-PA) is here. A recording of the hearing is here. A POLITICO article is here.
November 20, 2019

Administration:

U.S. Department of Education (USED):

Department publishes Fall regulatory agenda, anticipates action on Free Speech on college campuses: The U.S. Department of Education (USED) published in the Federal Register its Unified Agenda for Fall 2019. The publication included multiple proposed regulation changes, including a notice of proposed rulemaking for implementation of Executive Order 13854, “Improving Free Inquiry, Transparency, and Accountability at Colleges and Universities,” which pertains to Free Speech protections on college campuses. This proposed rulemaking was a new addition to the Unified Agenda. The notice indicates the Department will release the proposed rule in November 2019. The Unified Agenda is here. The notice is here. Additional notices included, but are not limited to:

• A notice of final rulemaking titled, “Total and Permanent Disability Discharge of Loans Under Title IV of the Higher Education Act.” The notice indicates an interim final rule will be released in November 2019. The notice is here.
• A notice of pre-rulemaking titled, “Protection of Pupil Rights Amendments.” The notice indicates a notice of proposed rulemaking will be released in January 2020. The notice is here.
• A notice of pre- rulemaking titled, “Family Educational Rights and Privacy Act” (FERPA). The notice indicates a notice of proposed rulemaking will be released in January 2020. The notice is here.
• A notice of final rulemaking titled, “Federal-State Relationship Agreements, Pell Grant, ACG, National Smart Grant and LEAP.” The notice indicates final action will take place in February 2020. The notice is here.
• A notice of final rulemaking titled, “Inflation Adjustment for Transparency in College Tuition for Consumers.” The notice indicates final action will take place in February 2020. The notice is here.

November 20, 2019

Department updates College Scorecard to include earnings data, gaps still exist: USED released an updated College Scorecard, which now includes information on median earnings and median debt of a school’s graduates, including earnings in chosen fields of study. “What they study, as well as when, where, and how they chose to pursue their education will impact their future… That’s why we worked to deliver a product that is customizable and transparent—a tool that provides real information students need to make informed, personalized decisions about their education,” stated USED Secretary Betsy DeVos. Previously, the Scorecard would only provide information about median earnings based on the institution, not disaggregated by field of study. The revised Scorecard does have some limitations including a lack of information on most small programs; not including information on students without earnings; not including students without federal aid; and earnings data does not reflect multiple years of earnings. A press release is here. The College Scorecard is here.
November 20, 2019

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

HHS continues to focus on various Head Start regulations in newly published regulatory agenda: The U.S. Department of Health and Human Services (HHS) published in the Federal Register its Unified Agenda for Fall 2019. The publication included multiple proposed regulation changes related to early childhood education but did not include any new proposed regulation changes. The Unified Agenda is here. Notices related to early childhood, included but are not limited to:

• A notice of final rulemaking titled, “Head Start Designation System.” The notice indicates final action will take place in November 2019. The notice is here.
• A notice of final rulemaking titled, “Head Start Program,” which describes efforts to implement background check requirements and participation in state or local Quality Rating and Improvement Systems (QRIS). The notice indicates final action will take place in November 2019. The notice is here.
• A notice of pre-rulemaking titled, “Union Dues Paid by Child Care Providers Receiving Funding from the Child Care Development Fund.” The notice indicates an advanced notice of proposed rulemaking will be published in November 2019. The notice is here.
• A notice of final rulemaking titled, “Head Start Service Duration Requirements.” The notice indicates final action will take place in December 2019. The notice is here.
• A notice of final rulemaking titled, “Standards to Prevent, Detect, and Respond to Sexual Abuse and Sexual Harassment Involving Unaccompanied Children.” The notice indicates final action will take place in February 2020. The notice is here.
• A notice of pre-rulemaking titled, “Medicaid and the Children’s Health Insurance Program (CHIP) Scorecard Initiative.” The notice indicates a notice of proposed rulemaking will be published in August 2020. The notice is here.

November 20, 2019

Publications (Congressional and Administration):

• On November 20, the U.S. Commission on Civil Rights (USCCR) published a report titled, “Are Rights a Reality? Evaluating Civil Rights Enforcement.” The report summarizes an analysis of federal efforts to enforce civil rights through various agency actions and jurisdictions between fiscal years 2016 and 2018. Key findings of the report include identifying that agencies generally lack adequate resources to investigate and resolve discrimination allegations; that civil rights offices do not use a standard metric to measure efficacy; and that in the period of the study’s review, USED has dramatically changed its practices in nearly every domain and has reduced the number and scope of investigations conducted. The full report is here.

Publications (Outside Organizations):

• On November 19, the National Conference on State Legislatures published a report titled, “Early Care and Education Update.” The report includes a compilation of policy briefs related to early childhood education issues and efforts at the state level to improve early learning systems. Key issues included in the brief is a report on the social emotional development in early learning settings; a report on what state legislators need to know on early childhood home visiting; and a report on how states are elevating preschool through 3rd grade learning. The full report is here.

Upcoming Events (Congressional and Administration):

• Both the House and Senate will be on recess the week of November 25 in observance of Thanksgiving. The House will return to session on December 3. The Senate will return to session on December 2.

Upcoming Events (Outside Organizations):

• On December 5 at 2:00pm, the Forum for Youth Investment will hold an event titled, “The National Summer Learning Project: A Thought Leader Session with Pittsburgh Public Schools and the RAND Corporation.” The webinar will focus on results of a six-year study of district-led summer programs that offered academic instruction and enrichment activities for students. More information and registration are here.

Legislation:

H.R.5148
A bill to improve program integrity through State evaluation of institutions of higher education, requirements for student complaint submissions, and the establishment of policies and procedures to address closure of institutions of higher education, and for other purposes.
Sponsor: Rep. Mike Levin (D-CA)

H.R.5191
A bill to reauthorize the Runaway and Homeless Youth Act, and for other purposes.
Sponsor: Rep. John Yarmuth (D-KY)

H.R.5204
A bill to direct the Secretary of Education to study student mental health at institutions of higher education and to issue guidance on compliance with the Americans with Disabilities Act for mental health and substance use disorder policies of institutions of higher education, and for other purposes.
Sponsor: Rep. Katie Porter (D-CA)

H.R.5222
A bill to amend the Higher Education Act of 1965 to establish notification requirements for policies concerning expectant and parenting students, and for other purposes.
Sponsor: Rep. Colin Allred (D-TX)

H.R.5229
A bill to establish the Federal Clearinghouse on School Safety Best Practices, and for other purposes.
Sponsor: Rep. Mario Diaz-Balart (R-FL)

H.R.5236
A bill to establish a competitive grant program to support out-of-school-time youth workforce readiness programs, providing employability skills development, career exploration, employment readiness training, mentoring, work-based learning, and workforce opportunities for eligible youth.
Sponsor: Rep. Josh Harder (D-CA)

H.R.5241
A bill to provide consumer protections for students.
Sponsor: Rep. Raja Krishnamoorthi (D-IL)

H.R.5249
A bill to amend the Child Nutrition Act of 1966 to support women, infants, and children impacted by substance use disorder, and for other purposes.
Sponsor: Rep. David Trone (D-MD)

S.2887
A bill to amend the Elementary and Secondary Education Act of 1965 to address and take action to combat rural teacher shortages across the United States.
Sponsor: Senator Doug Jones (D-AL)

S.2899
A bill to amend the Higher Education Act of 1965 to support apprenticeship programs.
Sponsor: Senator Michael Bennet (D-CO)

S.2925
A bill to provide consumer protections for students.
Sponsor: Senator Jeff Merkley (D-OR)

S.2928
A bill to amend the Higher Education Act of 1965 to reauthorize the University Sustainability Program.
Sponsor: Senator Sheldon Whitehouse (D-RI)