E-Update for the Week of October 22, 2018

Highlights:

• On October 17, President Donald Trump, in comments during a Cabinet meeting, instructed all secretaries to cut five percent from their budgets for fiscal year (FY) 2020. “Whether it’s a secretary, an administrator, whatever, I’m going to ask everybody with a 5-percent cut for our next meeting. I think you’ll all be able to do it.”
• On October 17, USED published in the Federal Register its Unified Agenda for Fall 2018. The publication included multiple proposed regulation changes, including those regarding significant disproportionality, minority serving institutions, Charter School Grants, the Family Educational Rights and Privacy Act (FERPA), and Title IX.
• On October 16, a federal judge ruled against a for-profit college association effectively ending all efforts to block implementation of the Obama-era borrower defense rule. The rule would allow for students, who have been defrauded by their college or professional school, to seek loan forgiveness.

Every Student Succeeds Act (ESSA):

Four more states interested in Innovative Assessment pilot: Education Week reported that four states have indicated interest in participating in the Innovative Assessment pilot. Georgia, Hawaii, Kansas, and South Carolina “signaled interest,” in applying and have until December 17 to submit an application. Thus far, New Hampshire and Louisiana are the only states to have been approved. The Education Week article is here.
October 18, 2018

Budget & Appropriations:

Trump instructs all agencies to cut 5 percent from 2020 budgets: President Donald Trump, in comments during a Cabinet meeting, instructed all secretaries to cut five percent from their budgets for fiscal year (FY) 2020. “Whether it’s a secretary, an administrator, whatever, I’m going to ask everybody with a 5-percent cut for our next meeting. I think you’ll all be able to do it. There may be a special exemption, perhaps,” stated the President. President Trump continued to suggest there are some agencies that can, and should, cut more than that. “There are some people sitting at the table — I’m not going to point you out — but there are some people that can really do substantially more than that.” The President’s full remarks are here.
October 17, 2018

Federal deficit increases over $100 billion:  The Office of Management and Budget (OMB) released a report on the fiscal year (FY) 2018 budget and its impact on the federal deficit. According to OMB data, the federal deficit for FY2018 was $779 billion, which is $113 billion more than FY2017. The deficit grew by 0.4 percent to 3.9 percent of gross domestic product (GDP). In a statement, OMB Director Mick Mulvaney contrasted the growth in the deficit by highlighting the creation of over four million new jobs since President Donald Trump took office, and an increase of median household income by 1.8 percent. The press release from OMB is here. The press release from the Senate Budget Committee Minority staff is here.

Relatedly, on October 15, the Senate Budget Committee Minority staff released a report that suggested the federal government could be running with a surplus if “not for Republican priorities.” The report highlights the Iraq and Afghanistan wars, an “enormous post-9/11 defense buildup,” and two rounds of tax cuts as main contributors to the budget deficit. The full report is here.
October 15, 2018

Congress:

Scott, Murray call for information on Public Service Loan Forgiveness program: House Education and the Workforce Committee Ranking Member Bobby Scott (D-VA) and Senate Health, Education, Labor, and Pensions (HELP) Committee Ranking Member Patty Murray (D-WA), along with 150 Democratic members of Congress, sent a letter to U.S. Department of Education (USED) Secretary Betsy DeVos urging her to release information on how the Department has implemented the Public Service Loan Forgiveness (PSLF) program. The Members reference a Government Accountability Office (GAO) report which indicated over 99% of borrowers applying for PSLF have been denied. The letter is here. A press release is here. The GAO report is here.
October 17, 2018

Senate:

On October 11, the Senate went into recess for legislative business until November 13 following the mid-term elections.

Murry urges DeVos to postpone reregulating Title IX: Senate HELP Committee Ranking Member Patty Murray (D-WA) sent a letter to USED Secretary DeVos urging her to postpone the rulemaking process for Title IX regulations in order to “address the concerns voiced by students, parents, and school personnel.” The Ranking Member and her colleagues expressed the draft regulations, which have been leaked, would “weaken responsibility for colleges to address sexual assault.” The letter is here.
October 12, 2018

House:

On September 28, the House went into recess for legislative business until after the midterm elections.

Pelosi describes Democratic agenda should Republicans lose House majority: POLITICO reported on House Minority Leader Nancy Pelosi (D-CA) and her expected agenda, should Democrats able to regain control of the House and Minority Leader Pelosi is selected as Speaker of the House. If selected, the Minority Leader outlined legislative priorities that include campaign finance reform, lowering drug prices, gun background checks, protecting “Dreamers” through the Deferred Action for Childhood Arrivals (DACA) program, and broader immigration reform. The POLITICO article is here.
October 16, 2018

Administration:

White House:

OMB requests feedback on Federal Data Strategy: OMB sent a memorandum to Executive Departments and Agencies requesting feedback on a Federal Data Strategy within 30 days. In March 2018, President Trump launched the President’s Management Agenda, which established a Cross-Agency Priority goal of Leveraging Data as a Strategic Asset with an intended purpose of guiding development of a comprehensive long-term Federal Data Strategy to grow the economy, increase the effectiveness of the Federal Government, facilitate oversight, and promote transparency. The Federal Data Strategy is currently under development and, by the spring of 2019, will set forth principles, practices, and a year-one action plan to deliver a more consistent approach to federal data stewardship, access, and use. Additionally, the U.S. Department of Commerce published a notice requesting public comment on a Federal Data Strategy on October 17.  Public comments must be submitted by November 17. The memo is available here. Federal Register Notice is available here.
October 16, 2018

U.S. Department of Education (USED):

USED releases fall regulatory agenda: USED published in the Federal Register its Unified Agenda for Fall 2018. The publication included multiple proposed regulation changes, including a notice of proposed rulemaking for the significant disproportionality rule, which was previously delayed until July 2020. The rule, from the Obama administration, related to how states must ensure children from minority identities are not over- or under-represented in special education services. No information on the content of the proposed rulemaking is offered in the notice, but it indicates the Department plans to release the rule in February 2019. The Unified Agenda is here. The notice is here. Additional notices include, but are not limited to:

• A notice of proposed rulemaking for regulations regarding minority serving institution (MSI) funding specifically to “enable [MSIs] to strengthen student services and other elements of their missions.” The rule is expected to be released in February 2019. The notice is here.
• A notice of proposed rulemaking for proposed priorities and requirements regarding Charter Schools Program grants for Charter Management Organizations (CMOs). Components will include selection criteria that “focus on the academic results of applicants’ schools.” The rule is expected to be released in November 2018. The notice is here.
• A notice of proposed rulemaking regarding the Family Educational Rights and Privacy Act (FERPA). The rule will make changes to the name of the FERPA administration office to the “Family Compliance Office” and to make changes to enforcement procedures. The rule is expected to be released in January 2019. The notice is here.
• A notice of proposed rulemaking regarding Title IX. The rule will clarify expectations for enforcing Title IX, including “complaints of sexual misconduct, and the procedures by which they must [investigate].” The rule is expected to be released in November 2018. The notice is here.
• A notice of proposed rulemaking regarding the Education Department General Administrative Regulations (EDGAR). The rule will address various policies to revise or rescind as needed to be consistent with current law. In addition, the Department is exploring the extent to which the eligibility of faith-based entities to obtain grants is too burdensome. The rule is expected to be released in February 2019. The notice is here.

October 17, 2018

USED requests proposals for new federal student aid ‘payment card’: USED published in the Federal Register a request for proposals to develop a “federal student aid payment card.” The card could allow for students to use federal loans and grants to pay for expenses such as books and living costs. The Department will work with “one or more” financial services providers to carry out the pilot program through “cooperative agreements.” Proposals will be accepted until November 7, 2018. The notice is here.
October 16, 2018

Federal judge clears way for borrower defense rule implementation: A federal judge ruled against a for-profit college association effectively ending all efforts to block implementation of the Obama-era borrower defense rule. The rule would allow for students, who have been defrauded by their college or professional school, to seek loan forgiveness. The judge had previously ruled USED Secretary DeVos’s attempt to block the rule was illegal, but had delayed implementation of his initial ruling. By ruling against the for-profit college association, the Department will be forced to implement and enforce the rule. A statement by House Education and the Workforce Committee Ranking Member Bobby Scott (D-VA) is here. A statement by HELP Committee Ranking Member Patty Murray (D-WA) is here. The press release from The Institute for College Access & Success (TICAS) is here.
October 16, 2018

U.S. Department of Health and Human Services:

HHS releases fall regulatory agenda: HHS published in the Federal Register its Unified Agenda for Fall 2018. The publication included multiple proposed regulation changes. The Unified Agenda is here. Proposed regulatory changes include, but are not limited to:

• A notice of proposed rulemaking regarding Head Start Duration Requirements. The rule would address performance standards that increase service duration for all center-based programs to 1,020 hours by February 1, 2020. The rule is expected to be released in February 2019. The notice is here.
• A notice of proposed rulemaking regarding the Head Start grantees Designation Renewal System (DRS). The changes would be related to improving implementation and transparency of the system. The rule is expected to be released in March 2019. The notice is here.
• A notice of proposed rulemaking regarding the Temporary Assistance for Needy Families (TANF) program. The changes would relate to strengthening work requirements of the program to ensure that “states maintain their financial commitment to helping needy families.” The rule is expected to be released in July 2019. The notice is here.
• A notice of proposed rulemaking to update regulations regarding “Equal Treatment for Faith-Based Organizations.” The rule is expected to be released in April 2019. The notice is here.

October 17, 2018

Upcoming Events (Congressional & Administration):

• On November 2 at 9:00 am, the U.S. Commission on Civil Rights will host a public briefing titled, “Are Rights a Reality? Evaluating Federal Civil Rights Enforcement.” There is an opportunity for public comment from 5:00 pm to 6:00 pm. More information and registration are 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 are here.
• 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 October 23 at 11:00 am, WestEd will host a webinar titled, “How Successful School Improvement Plans Prioritize Culture and Climate.” The webinar will discuss the importance of positive school learning environments as a main lever for affecting school improvement. Registration and more information are here.
• On October 23 at 12:00 pm, the Committee for a Responsible Federal Budget will host an event titled, “Budgeting for the Next Generation: A Conversation on Children and Federal Policy.” The panel discussion will focus on the upcoming federal budget cycle and how it can impact children. Registration and more information are here.
• On October 23 at 1:00 pm, Education Week will host a webinar titled, “Gateways to STEM Education.” The webinar will examine how states, districts, and schools are overcoming barriers to implementing effective STEM programs. Registration and more information are here.
• On October 24 at 12:00 pm, New America is hosting an event titled, “Higher Education for Everyone.” The panel discussion will focus on how the higher education system has historically been for those “chosen” to attend, but how it needs to adapt to the increasing demands for all students. Registration and more information are here.
• On October 25 at 11:00 am, the Center for American Progress (CAP) is hosting an even titled, “Change the Terms: Reducing Hate Online.” The panel discussion will focus on what internet and social media companies can do in order to address the growing prevalence of expressions of hate and cyber-bullying, especially as it relates to increasing division across lines of race, ethnicity, and religion. Registration and more information are here.
• On October 25 at 8:30 am, the Learning Policy Institute and NAACP are hosting an event titled, “Equity, Quality, and Access: How Do We Create Schools Worth Choosing for All?” The panel discussion will focus on school choice and how such options must have the necessary conditions in order to provide all children with access to high-quality experiences. Registration and more information are here.
• On October 25 at 2:00 pm, Education Week is hosting a webinar titled, “The Role of Ed Tech and Professional Development in Driving Personalized Learning.” The webinar will focus on how teachers and administrators have been using technology to drive improvements, as well as what is needed in order to advance personalized learning further. Registration and more information are here.
• On October 25 at 6:00 pm, AERA is hosting their 15^th annual Brown Lecture in Education Research titled, “Disrupting Punitive Practices and Policies: Rac(e)ing Back to Teaching, Teacher Preparation, and Brown.” The lecture by H. Richard Milner IV will focus on his research which has examined practices and policies that support teacher effectiveness in urban schools. Registration and more information are here.

Publications (Congressional & Administration):

• On October 15, the GAO released a report titled, “Access to Health Care for Low-Income Adults in States with and without Expanded Eligibility.” The report analyzed the impact of Medicaid expansion and found that low-income adults in states with expanded access reported better access to health care. The full report is here. A statement by Senate Finance Committee Ranking Member Ron Wyden (D-OR) is here.
• On September 29, USED released a report titled, “Section 5005 Report on Rural Education.” The report is due to a statutory requirement in ESSA for the Department to review and assess how it addresses the unique needs and characteristics of rural schools, and how the Department can adjust to increase services to such schools. The report suggests the Department needs to take action to increase rural stakeholder input. Such actions include creating an intra-agency rural work group; continuing to expand rural listening sessions; exploring ways to simply grant application processes; providing appropriate training to rural schools and LEAs; and, exploring options for working with other federal agencies. The full report is here.

Publications (Outside Organizations):

• On October 17, ACT released a report titled, “Condition of College and Career Readiness 2018.” Based on the report, math readiness, as measured by the college entrance exam, has declined to the lowest level in 14 years. Key findings include only 40 percent of high school graduates, who completed the exam, scored high enough to be considered “college ready;” the average ACT math score was 20.5; and only 60 percent scored high enough on the English exam to be considered “college ready.” The full report is here.
• On October 17, the Collaborative for Student Success released a report titled, “Education Stakeholders Report Strong Engagement.” The report analyzed the perception of stakeholders being engaged by state and local policymakers in the development of state ESSA plans. Key findings of the report include that the large majority of state policymakers listened to and valued stakeholder feedback; stakeholders appreciated an opportunity to participate and came prepared to engage; and many stakeholders and policymakers have continued some level of collaboration more than a year after initial partnerships. The full report is here.
• On October 16, the Center for Public Education released a report titled, “A New Look at Apprenticeship: Linking School to 21^st Century Skills.” The report analyzes national trends in apprenticeship programs, challenges with expanding programs, and what districts should consider when developing programs. The report highlights the importance of options and choices for students; trainings and orientations for staff; partnerships with local stakeholders; and the link between school learning and 21^st century skills. The full report is here.
• On October 15, GLSEN released a report titled, “2017 National School Climate Survey.” The report is a summary of the organization’s biennial survey of LGBTQ students across the country. Key findings of the study include a slight increase in the frequency of students reporting verbal harassment based on gender expression; no change in reports of physical harassment and assault based on gender expression; and an increase in negative remarks toward transgender people. The full report is here.