E-Update for the Week of October 1, 2018

Highlights:

• On September 26, U.S. Department of Education (USED) Secretary Betsy DeVos announced she approved the Florida ESSA state plan. Florida’s plan had to undergo significant revisions after it initially submitted its plan to the Department. With Florida’s plan now approved, all 50 states plus the District of Columbia and Puerto Rico have been approved by the Secretary.
• On September 28, President Donald Trump signed the fiscal year (FY) 2019 appropriations minibus (a combination of 2-3 bills) for the Departments of Defense, Labor, Health and Human Services, Education, and Related Agencies (Defense-Labor/HHS). By signing the bill, the President averted a partial government shutdown that would have gone into effect midnight September 30, as the appropriations package includes a continuing resolution for all agencies that have yet to be funded.
• On September 25, the Senate Health, Education, Labor, and Pensions (HELP) Committee held a full committee hearing titled, “Every Student Succeeds Act: States Leading The Way.” The hearing featured three state education chiefs and one education reform organization leader. Democratic members were focused on state plans monitoring subgroup performance, as well as calling for a ban on using federal education funds to purchase firearms for educators. Republican members were interested in how states were leveraging the various flexibilities afforded by the law to advance educational outcomes.
• On September 27, Jason Botel, USED Principal Deputy Assistant Secretary for Elementary and Secondary Education, announced he will be resigning from the Department in mid-October.

Every Student Succeeds Act (ESSA):

DeVos approves Florida ESSA plan: U.S. Department of Education (USED) Secretary Betsy DeVos announced she approved the Florida ESSA state plan. Florida’s plan had to undergo significant revisions after it initially submitted its plan to the Department. With Florida’s plan now approved, all 50 states plus the District of Columbia and Puerto Rico have been approved by the Secretary. ”Today marks a significant milestone in the implementation of this important law. As we move into the next phase, we look forward to working with states as they bring their plans on paper to life and use the flexibilities afforded in ESSA to innovate and improve educational opportunities for all students,” Secretary DeVos stated. A press release from the Department is here.
September 26, 2018

Budget and Appropriations:

President signs Defense-Labor/HHS appropriations package, avoids partial government shutdown: President Donald Trump signed the fiscal year (FY) 2019 appropriations minibus (a combination of 2-3 bills) for the Departments of Defense, Labor, Health and Human Services, Education, and Related Agencies (Defense-Labor/HHS). By signing the bill, the President averted a partial government shutdown that would have gone into effect midnight September 30, as the appropriations package includes a continuing resolution for all agencies that have yet to be funded. A press release from the Senate Appropriations Committee Majority is here.

Related, on September 25, the House approved the conference report for the FY2019 Defense-Labor/HHS appropriations minibus. The conference report was approved by a vote of 361-61. Five Democrats voted in opposition to the conference report. A press release from the House Appropriations Committee Majority is here. The floor statement by House Appropriations Committee Chairman Rodney Frelinghuysen (R-NJ) is here. A press release from the House Appropriations Committee Ranking Member Nita Lowey (D-NY) is here. A press release from Senate Appropriations Committee Ranking Member Patrick Leahy (D-VT) is here. A press release from House Education and Workforce Committee Ranking Member Bobby Scott (D-VA) is here.
September 28, 2018 

Congress:

Senate:

HELP Committee explores ESSA implementation, Democrats focus on subgroups, Republicans focus on flexibilities: The Senate Health, Education, Labor, and Pensions (HELP) Committee held a full committee hearing titled, “Every Student Succeeds Act: States Leading The Way.” The hearing featured three state education chiefs and one education reform organization leader. A statement from Chairman Lamar Alexander is here. A statement from Ranking Member Patty Murray (D-WA) is here. Witness testimonies are here.

The majority of the hearing featured Democratic senators expressing their disapproval for allowing federal education funds to be used to purchase firearms for educators or to train them on how to use firearms. The statements relate to USED Secretary DeVos having commented that states have the ability to use funds, as permitted in Title IV of ESSA, as they see fit. Democratic members were also focused on state efforts to monitor subgroup performance, and what they were doing to include such performance within an accountability plan. Many members stated Secretary DeVos has approved ESSA state plans that do not comply with the law.

Only three Republican members attended the hearing – Chairman Lamar Alexander (R-TN), Senator Bill Cassidy (R-LA), and Senator Tim Scott (R-SC). They were focused on how states have taken advantage of the flexibilities provided in ESSA.
September 25, 2018

House:

Scott calls for DeVos to ‘faithfully implement’ public service loan forgiveness program: House Education and the Workforce Committee Ranking Member Bobby Scott (D-VA)  released a statement in response to the Government Accountability Office (GAO) report that examined implementation of the public service loan forgiveness (PSLF) program. “The GAO report makes clear that the Trump administration’s failure to faithfully implement the Public Service Loan Forgiveness program is causing widespread confusion and uncertainty for public servants. Despite the administration’s consistent hostility toward this popular program, it is still obligated to ensure that teachers, social workers, first responders and others who enter a career in public service are granted the debt forgiveness as federal law requires,” stated Ranking Member Scott. The full statement is here. The GAO report is here.
September 27, 2018

House Education Committee examines free speech on college campuses: The House Education and Workforce Committee held a full committee hearing titled, “Examining First Amendment Rights on Campus.” Republican members, and witnesses, described efforts by some college campuses to limit the ability of students to share diverse perspectives, even if such perspectives are controversial. Committee Chairwoman Virginia Foxx (R-NC) stated, “…many institutions are taking deliberate steps to curb speech, and are thus extinguishing students’ critical thinking at a vital stage in their professional — yes, professional — development.” Democratic members were focused on USED attempts to protect free speech for conservative activists, but doing “nothing [to investigate] the explosion in incidences of racially motivated hate speech or actions on campus,” stated Committee Ranking Member Bobby Scott (D-VA).  More information on the hearing, including witness testimonies, is here. A press release from the Majority is here. A press release from the Minority is here. The full opening statement of Chairwoman Foxx is here. The full opening statement of Ranking Member Scott is here.
September 26, 2018

House Oversight Committee explores solutions to SNAP fraud: The House Oversight Committee held a joint subcommittee hearing between the Subcommittee on Intergovernmental Affairs and the Subcommittee on Healthcare, Benefits, and Administrative Rules, titled, “Supplemental Nutrition Assistance Program [SNAP] Fraud.” The hearing was focused on how the federal government and state governments can work to prevent fraud in use of the program, and to explore how the Food and Nutrition Service (FNS) can more effectively assist states in administration of SNAP. Ann Coffey, Assistant Inspector General for the U.S. Department of Agriculture Office of Inspector General testified as part of the hearing. More information and witness testimonies are here.
September 26, 2018

Administration:

U.S. Department of Education (USED):

USED publishes new priorities for Comprehensive Centers: USED published a proposal for priorities, requirements, definitions, and measurements for the Comprehensive Centers program in the Federal Register. The proposal describes USED intending to award grant to eligible entities to provide “capacity-building services to state educational agencies, regional educational agencies, local educational agencies, and schools that improve educational outcomes for all students…” There are two priorities for the awards – (1) providing high-quality intensive capacity-building services to identify, implement, and sustain effective evidence-based practices; (2) a national center that provides high-quality universal and targeted capacity building services. The notice is here.
September 28, 2018

Botel to resign from USED: Jason Botel, USED Principal Deputy Assistant Secretary for Elementary and Secondary Education, announced he will be resigning from the Department in mid-October. More information from POLITICO is here.
September 27, 2018

Annual student loan default rate falls, 10 institutions at risk to lose federal funds: USED published data on the rate of default for student loan borrowers. The data show that the annual default rate on student loans has decreased slightly from 11.5 percent to 10.8 percent. Based on the data, 10 institutions of higher education are at risk of losing access to federal funding due to the high rate of default for their graduates. Under current regulations, colleges and universities can lose access to federal student loans and Pell Grants if their default rates are 30 percent or higher for three consecutive years, or if their default rates increase above 40 percent in a single year. The full data set is here. A press release from the Department is here.
September 26, 2018

OCR to investigate Yale for racial discrimination in undergrad admissions: On September 26, the USED Office of Civil Rights (OCR) sent a letter to the Asian American Coalition for Education describing the Department’s efforts to investigate claims of racial bias in university admissions decisions. Specifically, OCR will investigate if Yale University “unfairly denied undergraduate admission to Asian-American applicants.” More information from POLITICO is here.
September 26, 2018

USED announces finalists to develop student loan collection system: USED announced it has selected 12 companies as finalists to develop key parts of the how the Department seeks to redevelop how it collects student loans. The Department will now conduct a competitive bidding process to select the contractors to build and operate the new loan collection system. The Department had previously announced plans to restructure its collection system and plans to award contracts in 2019. The full list of companies and the award description are here.
September 25, 2018

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

HHS to delay Head Start background check regulation: The U.S. Department of Health and Human Services (HHS) announced it would be delaying an Obama-era rule that required Head Start centers to complete background checks with fingerprints for all employees by September 30. The Department delayed the requirement until September 2019. “Child safety remains a priority for Head Start and programs will continue the current method of doing background checks until local and state agencies can align with federal standards,” stated Yasmina Vinci, executive director of the National Head Start Association. The announcement is here.
September 26, 2018

Upcoming Events (Congressional & Administration):

• On October 2 at 2:30 pm, the Senate Judiciary Committee will hold a Constitution Subcommittee hearing titled, “Threats to Religious Liberty Around the World.” The hearing will feature testimony from Dr. Thomas Farr of the Religious Freedom Institute, Dr. Rev. Bob Fu of the ChinaAid Association, and Amanda Tyler of the Baptist Joint Committee for Religious Liberty. More information and the webcast of the hearing will be posted here.
• On November 8-9, the USED Office of Education Technology will host a convening in partnership with the Data Quality Campaign in Washington, D.C. The convening will bring together stakeholders for two days of “sketching, prototyping, and building solutions to help states design family-friendly approaches to report cards.” Teams will be asked to focus on two major “challenge points”: the landing page or “at-a-glance” pages, and data on per pupil expenditures. More information and registration is here.

Upcoming Events (Outside Organizations):

• On October 3 at 1:00 pm, the Forum for Youth Investment will hold a webinar titled, “SEL and Afterschool: What is the Connection? Is there Evidence? A thought leader conversation with Nancy Deutsch.” The webinar will focus on what actions practitioners and policymakers can take to advocate for a greater research base for the benefits of afterschool programs. More information and registration are here.
• On October 3-5, the Policy Innovators in Education Network will hold its 2018 summit titled, “Rhythms of Reform” in New Orleans, Louisiana. The summit will examine how increasing autonomy at the state level may be changing the cadence of reform. More information is here.
• On October 9 at 1:00 pm, the National Center on Education and the Economy will hold a book release event, titled “The Early Advantage 1: Early Childhood Systems That Lead By Example.” The webinar discussion will feature the book’s author – Sharon Lynn Kagan – and will focus on the study’s major findings and implications. More information and registration are here.
• On October 10 at 12:00 pm, the American Association of State Colleges and Universities (AASCU), the Education Commission of the States, and the State Higher Education Executive Office, will hold a webinar titled, “Higher Education policy and the States: A Review of the 2018 Legislative Sessions.” The webinar will examine higher education policy that resulted from the 2018 legislative season, and will include an analysis of challenges facing states in 2019. More information and registration is here.

Publications (Outside Organizations):

• On September 27, the American Educational Research Association published a study titled, “Strategic Retention: Principal Effectiveness and Teacher Turnover in Multiple-Measure Teacher Evaluation Systems.” The study found that highly rated principals are more effective at keeping high-performing teachers, while removing low performers. Additionally, lower turnover is concentrated among teachers with higher scores on classroom observation measures and higher student value-added scores. The full study is here.
• On September 26, the Social Science Research Network published a study titled, “Widely Welcomed and Supported by the Public: A Report on the Title IX Comments in the U.S. Department of Education’s Executive Order 13777 Comment Call.” The study examined public comments submitted when USED requested comments on the Obama-era Title IX regulations. The analysis found that of the over 16,000 comments received, 92 percent supported the enforcement under the regulations. The full study is here.
• On September 25, the Annie E. Casey Foundation published a report titled, “Opening Doors for Young Parents.” The report highlights many challenges facing young parents, including housing instability, health concerns, interruptions to education, and limited employment options. The full report is here.
• On September 25, TNTP published a report titled, “The Opportunity Myth: What students can show us about how school is letting them down and how to fix it.” The report examines the “myth” of success in school being the first step to success in life. The report describes many challenges that can be alleviated within the school setting, but highlights the many opportunities for barrier reduction outside of the school day. The full report is here.
• On September 24, the Alliance for Excellent Education published a report titled, “Too Many States Minimize Student Subgroup Performance in ESSA Accountability Systems.” The report examined every state’s ESSA plan, including the District of Columbia and Puerto Rico, and found that only 17 states ensure school ratings reflect subgroup performance in their accountability systems. Further, 12 states do not include student subgroups in all school ratings. The full report is here.

Legislation:

H.R.6876
A bill to permanently reauthorize mandatory funding programs for historically Black colleges and universities and other minority-serving institutions.
Sponsor: Rep. Alma Adams (D-NC)

H.R.6921
A bill to amend the Internal Revenue Code of 1986 to increase the deduction allowed for student loan interest and to exclude from gross income discharges of income contingent or income-based student loan indebtedness.
Sponsor: Rep. Kathleen Rice (D-NY)

H.R.6926
A bill to provide deferment to certain Federal student loan borrowers who are accruing aeronautical experience required for airline transport pilot certification.
Sponsor: Rep. Mike Coffman (R-CO)

H.R.6934
A bill to amend the Richard B. Russell National School Lunch Act to provide additional reimbursement to schools with a breakfast after the bell program, and for other purposes.
Sponsor: Rep. Ami Bera (D-CA)

H.R.6935
A bill to amend the Higher Education Act of 1965 to provide for job training Federal Pell Grants and to increase support for working students.
Sponsor: Rep. Ami Bera (D-CA)

H.R.6945
A bill to establish a competitive grant program assisting the development of innovative early learning curricula for low-income children.
Sponsor: Rep. James Himes (D-CT)

H.R.6946
A bill to establish an Early Learning Challenge Fund to support States in building and strengthening systems of high-quality early learning and development programs, and for other purposes.
Sponsor: Rep. James Himes (D-CT)

H.R.6947
A bill to provide for higher education reform.
Sponsor: Rep. James Himes (D-CT)

H.R.6953
A bill to amend subpart 1 of part A of title IV of the Elementary and Secondary Education Act of 1965 to provide States with the option of using grant funds to supply menstrual hygiene products to students.
Sponsor: Rep. Grace Meng (D-NY)

H.R.6960
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 (R-CA)

S.3506
A bill to amend the Elementary and Secondary Education Act of 1965 to strengthen school security.
Sponsor: Senator Ted Cruz (R-TX)