E-Update for the Week of October 25, 2021
Highlights:
- During the week of October 18, House and Senate Democrats continued negotiations with the moderate and progressive factions of the Democratic caucus on the Build Back Better Act with a top spending level reportedly being negotiated to be in the roughly $2 trillion range.
- On October 20, the Senate confirmed Catherine Lhamon as U.S. Department of Education (USED) Assistant Secretary of the Office of Civil Rights (OCR) by a 51-50 vote, with Vice President Kamala Harris breaking a tie vote due to party line objections to the nomination.
- On October 18, Senate Appropriations Chairman Patrick Leahy (D-VT) released the remaining draft fiscal year (FY) 2022 Senate appropriations bills, including the draft FY2022 Senate Labor, Health and Human Services, Education, and Related Agencies (Labor/HHS) Appropriations bill and report.
Budget:
Senate Democrats release draft FY2022 appropriations bills, still no agreement with Republicans on how to move forward with annual funding process: Senate Appropriations Chairman Patrick Leahy (D-VT) released the remaining draft fiscal year (FY) 2022 Senate appropriations bills, including the draft FY2022 Senate Labor, Health and Human Services, Education, and Related Agencies (Labor/HHS) Appropriations bill and report. The bills, which are not expected to be considered further by the committee in markup, signal the priorities of Democratic Members of the Committee and set the groundwork for negotiations with the House. Given the need for bipartisan support of appropriations bills to pass the Senate, Republicans and Democrats will have to reach an agreement on overall spending levels for defense and non-defense funding and jointly negotiate final program levels for FY2022 for USED in advance of December 3rd or pass an additional Continuing Resolution (CR) to extend federal spending. A press release is here, the Labor/HHS bill text is here, and the Labor/HHS report language is here.
While the bills are in draft and the overall level for USED – and therefore certain program levels – are likely to be reduced in a possible final FY2022 package, it is worth noting that Senate Democrats included increased investments in core k-12 education programs, including a $16.6 billion increase for Title I and $2.6 billion for Special Education Grants to States. Additionally, the draft bill includes a $400 increase to the maximum Pell Grant award. A summary of the bill as released by Committee Democrats can be found here.
October 18, 2021
Congressional Democrats move forward with budget reconciliation negotiations, total spending likely to be close to $2 trillion: House and Senate Democrats continued negotiations with the moderate and progressive factions of the Democratic caucus on the Build Back Better Act with a top spending level reportedly being negotiated to be in the roughly $2 trillion range. There has been some growing momentum for the spending package as of late with the White House engaging directly in negotiations. If a top-level spending decision and framework for the package can be reached shortly, this will be only one step in the process, as the details of a package will still need to be flushed out. This next step will also be a challenge and could still impact whether the package ultimately moves forward. Additionally, President Biden signaled recently that his proposal to provide two years of free community college may not be included in a package. Specifically, the President stated, “I doubt whether we’ll get the entire funding for community colleges, but I’m not going to give up on community colleges as long as I’m President.” President Biden’s remarks are here.
Week of October 18, 2021
Biden Administration Transition:
Nominations and Personnel:
Vice President casts tie-breaking vote to confirm Lhamon for USED civil rights position: The Senate confirmed Catherine Lhamon as U.S. Department of Education (USED) Assistant Secretary of the Office of Civil Rights (OCR) by a 51-50 vote, with Vice President Kamala Harris breaking a tie vote due to party line objections to the nomination. The vote followed a process whereby Senate Majority Leader Chuck Schumer (D-NY) filed a motion to discharge the nomination from the Senate Health, Education, Labor, and Pensions (HELP) Committee. The discharge motion was required as Committee Republicans unanimously opposed the nomination during committee consideration. Senate HELP Committee Chairwoman Patty Murray (D-WA) called Lhamon a “highly qualified nominee” with “a long track record that proves she is a champion for students through and through.” However, Senate HELP Committee Ranking Member Richard Burr (R-NC) noted that Lhamon has a “disastrous track record, partisan agenda, and inflammatory rhetoric make her an unacceptable nominee to lead the Office for Civil Rights.” Additionally, House Education and Labor Committee Ranking Member Virginia Foxx (R-NC) called Lhamon’s confirmation “unconscionable.” A press release from USED is here, a press release from Chairwoman Murray is here, a press release from Ranking Member Burr is here, and a press release from Ranking Member Virginia Foxx is here.
October 20, 2021
Senate HELP Committee poised to advance Loyd nomination for USED CTE position this week: On October 26 at 10:00 am, the Senate HELP Committee will hold an executive session to consider reporting out of committee the nominations of Amy Loyd to serve as the Assistant Secretary for Career and Technical Education (CTE) at USED and Sandra Bruce to serve as the Inspector General (IG) at USED. The session will be livestreamed here.
October 26, 2021
Coronavirus Updates (as related to education):
Administration:
U.S. Department of Education (USED):
Department releases new guidance focused on supporting full range of student needs: USED released a document titled, “Supporting Child and Student Social, Emotional, Behavioral and Mental Health” that provides information and resources to address the social, emotional, and mental health needs of children and students. The resource highlights seven “key challenges” to providing school- or program-based mental health support across education systems, such as disparities amongst student groups, ineffective implementation of proven practices, and policy and funding gaps. The document then proposes corresponding recommendations to address each challenge, including enhancing mental health literacy, implementing a continuum of evidence-based prevention practices, and establishing an integrated framework for educational, social, emotional, and behavioral-health supports for all students. The resource is here.
October 18, 2021
Non-Coronavirus Updates:
Administration:
White House:
President issues new Executive Order focused on improving opportunities for Black Americans: President Biden signed an Executive Order (EO) titled, “White House Initiative on Advancing Educational Equity, Excellence, and Economic Opportunity for Black Americans.” The initiative, which will be chaired by USED Secretary Miguel Cardona, aims to advance educational equity and economic opportunity for Black students, families, and communities through a broad expanse of policy goals. These goals include increasing “general understanding” of the systemic causes of educational challenges Black students face, expanding Black children’s and families’ access to high-quality early childhood programs, and supporting and improving data collection related to Black students and the implementation of evidence-based strategies. “Because of persistent racial and systemic injustices in our Nation, Black students remain more likely to attend high-poverty and racially segregated schools than White students,” the Order said. “Black students are inequitably disciplined and suspended from school at disproportionately higher rates than White students for similar offenses. In addition, Black students too often face limited access to advanced and college-preparatory courses.” Additionally, the Order establishes an interagency working group meant to support the initiative’s work, in which each participating agency will outline “measurable actions” to “advance educational equity and economic opportunity for Black communities,” as well as creates a Presidential Advisory Commission. The Executive Order is here, and the Federal Register notice is here.
October 19, 2021
U.S. Department of Education (USED):
Department greenlights Navient-Maximus contract for federal student loan portfolio: USED’s Office of Federal Student Aid (FSA) approved the request for student loan company Navient to stop servicing loans on behalf of the Department and transfer its accounts to another company, Maximus. In a statement, FSA Chief Operating Officer Richard Cordray said that the deal was in the “best interest” of student loan borrowers while ensuring “stability and high-quality service.” “Our confidence in this innovation is bolstered by the fact that Maximus will be held to the stronger standards for performance, transparency, and accountability that FSA included in its recent servicer contract extensions,” Cordray said. A press release is here.
October 20, 2021
Administration developing plan to support student borrowers returning to repayment next year: POLITICO reported that the Biden Administration is developing plans for how it will restart federal student loan payments at the end of January 2022, after the pandemic payment pause ends. According to POLITICO, the Department is considering proposals that would give borrowers increased flexibility, such as an “initial grace period” for missed payments, as well as policies that would make it easier for borrowers to remain enrolled in income-based repayment programs “to avoid a sudden increase in their monthly payment amount.” The Administration is also looking at a plan to expunge the defaults of borrowers who were missing payments before the pandemic. The article from POLITICO is here.
October 18, 2021
Congress:
House:
Congresswoman Wilson urges House leadership to support investments in educator workforce, HBCUs: Chairwoman Frederica Wilson (D-FL) of the House Education and Labor Subcommittee on Higher Education and Workforce Investment sent a letter to House Speaker Nancy Pelosi (D-CA), full House Education and Labor Committee Chairman Bobby Scott (D-VA), and House Budget Committee Chairman John Yarmuth (D-KY) asking that the budget reconciliation package, or Build Back Better Act, include investments that would ensure all students have access to “a diverse, well-prepared, and stable educator workforce.” In the letter, Subcommittee Chairwoman Wilson and 12 other Members requested that House leadership fund President Biden’s educator workforce agenda outlined in the American Families Plan “to the greatest extent possible,” and increase investments in educator preparation programs such as Teacher Quality Partnership grants, TEACH grants, and Grow-Your-Own programs. The Members also urge leadership to consider additional investments in teacher preparation programs at Historically Black Colleges and Universities (HBCUs) and other Minority Serving Institutions, and express gratitude that the current version of the bill strengthens personnel preparation programs under Individuals with Disabilities Education Act (IDEA), Part D. The full letter is here.
October 20, 2021
Foxx, Stefanik request GAO study on implementation of ESSA parent engagement provisions: House Education and Labor Committee Ranking Member Virginia Foxx (R-NC), and House Conference Chair Elise Stefanik (R-NY) sent a letter to the Government Accountability Office (GAO) requesting information on whether certain Elementary and Secondary Education Act (ESEA) provisions that support parent engagement are being implemented. “With virtual classrooms and remote learning taking place in homes, parents across the country saw firsthand what and how their children were – and were not – learning. This increased awareness has led to an uptick in parental interest and engagement in their children’s education,” the Members write. In light of these developments, the Members cite section 1116 of ESEA which requires that all school districts receiving Title I funding “set aside a portion of that funding to carry out a variety of activities to engage parents in the planning, design, and implementation of educational programs.” In the letter, the Members request the GAO to provide estimates, based on a representative sample of districts, of how many schools are implementing the parent engagement requirements in section 1116, and how funds reserved for this purpose are being used. The full letter is here.
October 20, 2021
Foxx, Miller call on USED to rescind Title IX interpretation that provided protections for LGBTQ+ students: House Education and Labor Committee Ranking Member Virginia Foxx (R-NC) and Representative Mary Miller (R-IL) sent a letter to USED Secretary Miguel Cardona requesting that the Department rescind its recent interpretation of Title IX, which they assert “misconstrues” the U.S. Supreme Court opinion in Bostock v. Clayton County and “has real-world consequences for our children’s health and safety.” In the letter, the Members express their concern with reports of sexual assaults in schools, which “exemplify the misguided nature” of the Department’s interpretation that “endangers young girls by putting their rights and needs second to the political agenda of the Biden administration.” “The lack of transparency regarding the safety of children at school is alarming,” the Members write. “Parents should know what is happening in their schools and have confidence that school administrators are keeping their children safe.” The Members ultimately advocate for reinstating regulations put in place by the Trump Administration, which “provide schools with the tools to conduct fair and comprehensive investigations to ensure the rights of all students are protected.” The full letter is here.
October 18, 2021
Foxx, Keller express concern about delays in for-profit college conversions: House Education and Labor Committee Ranking Member Virginia Foxx (R-NC) and Representative Fred Keller (R-PA) sent a letter to USED Secretary Miguel Cardona expressing concerns about delays in applications submitted by institutions of higher education to convert from proprietary institutions to nonprofit status or undergo a change in ownership. Though the Department recently established a working group to help process requests from institutions wishing to convert, “significant delays still persist,” according to the Members. “For example, several anecdotal reports suggest that the Department is spending over a year to process post-transaction change of control applications,” the Members wrote. The Members argue that the Department must process all applications “within a reasonable time,” as the delays “[force] institutions to wait for years unnecessarily imped[ing] their ability to serve students and has a chilling effect on mergers and acquisitions in the higher education industry.” The full letter is here.
October 15, 2021
SCOTUS/Federal Courts
Federal judge rules in favor of UNC race-informed admissions process: A federal judge ruled on the side of University of North Carolina (UNC) regarding the institution’s use of race in its admissions process. In an order, Middle District of North Carolina Judge Loretta Biggs wrote that UNC demonstrated “with clarity” that its undergraduate admissions program is constitutional. “While no student can or should be admitted to this University, or any other, based solely on race, because race is so interwoven in every aspect of the lived experience of minority students, to ignore it [or] reduce its importance… misses important context to include obscuring racial barriers and obstacles that have been faced, overcome and are yet to be overcome,” Biggs wrote. An article from Reuters is here.
October 18, 2021
Upcoming Events (Congressional and Administration):
- On October 26 at 10:00 am, the Senate HELP Committee will hold an executive session to consider several nominations, including Sandra Bruce to serve as IG at USED and Amy Loyd to serve as Assistant Secretary for CTE at USED. The session will be livestreamed here.
- On October 27 at 10:15 am, the House Education and Labor Subcommittee on Higher Education and Workforce Investment will hold a hearing titled, “Examining the Policies and Priorities of the Office of Federal Student Aid.” Witnesses have yet to be announced. The hearing will be livestreamed here.
- On October 27 at 3:00 pm, the Senate Veterans’ Affairs Committee will hold a hearing titled, “Success After Service: Improving Veterans’ Employment, Education, and Home Loan Opportunities.” Witnesses have yet to be announced. More information on the hearing is
Upcoming Events (Outside Organizations):
- On October 26 at 10:00 am, the Brookings Institution will hold an event titled, “Expanding Computer Science Education for a Technologically Advancing World.” During the event, Brookings’ Center for Universal Education (CUE) will launch its report, “Building skills for life: How to expand and improve computer science education around the world,” and explore how to overcome barriers to computer science education. More information and registration are here.
- On October 26 at 10:00 am, The Atlantic will host its Education Summit. The event will explore how to better equip all students with the skills needed for success in this new landscape, and will feature a conversation with USED Secretary Miguel Cardona, amongst other speakers. More information and registration are here.
- On October 27 at 4:00 pm, the National Center on Education and the Economy (NCEE) and the Organization for Economic Co-operation and Development (OECD) will hold an event titled, “Beyond Academic Learning: First Results from the Survey of Social and Emotional Skills.” The event will focus on international efforts to collect data from students, parents and teachers on the social and emotional skills of students at ages 10 and 15. More information and registration are here.
- On October 28 at 2:00 pm, New America will hold an event titled, “Investing in America’s Real Best Colleges.” The event will feature a discussion with USED Undersecretary James Kvaal about the potential, new investments in higher education included in the budget reconciliation bill and the bipartisan infrastructure act. More information and registration are here.
Publications (Outside Organizations):
- On October 20, the Education Trust published a report titled, “Jim Crow Debt: How Black Borrowers Experience Student Loans.” The report presents findings from the National Black Student Loan Debt Study, which was based on a nationwide survey of nearly 1,300 Black borrowers and in-depth interviews with 100 Black borrowers across various life points. Key perspectives of the Black borrowers that participated in the study include that student loans are not “good debt”; that income-driven repayment (IDR) plans “feel like a lifetime debt sentence” to many Black borrowers; and that limiting student debt cancellation would harm Black borrowers the most. The full report is here.
- On October 18, the American Enterprise Institute published a report titled, “Move School Board Elections On-Cycle to Restore Local Control.” The report explores the potential impacts of moving school board elections on-cycle and allowing partisan affiliations to appear next to candidates’ names. Key arguments include that off-cycle school board elections “deeply depress voter turnout and minimize genuine local control in public education,”; that on-cycle elections will ensure that school board members are more likely to hold the political and policy beliefs of their constituents; and that allowing school board candidates to display partisan affiliation would “equip voters to make an informed choice in an era of increasingly diverging values and priorities for schools.” The full report is here.
- On October 7, Bellwether Education Partners published a report titled, “Priced Out of Public Schools: District Lines, Housing Access, and Inequitable Educational Options.” The report examines the impact of inequitable access to housing on families’ ability to enroll in high-quality public schools. Key findings include identifying that districts that lack affordable housing serve significantly more affluent populations compared with districts that have concentrated low-income housing, leading to inequities in educational funding; that both the drawing of district boundaries and location of accessible housing have led to per-pupil funding disparities; and that the disparities are directly related to differences in the property taxes that make up much of local district funding. The full report is here.
Legislation:
H.R.5654
A bill to authorize the Secretary of Education to establish an Advisory Commission on Serving and Supporting Students with Mental Health Disabilities in Institutions of Higher Education, and for other purposes.
Sponsor: Rep. David Trone (D-MD)
H.R.5667
A bill to establish a Teacher Advisory Committee and a Parents and Families Advisory Committee.
Sponsor: Rep. Kathleen Rice (D-NY)
S.3026
A bill to amend the Higher Education Act of 1965 to ensure that public institutions of higher education eschew policies that improperly constrain the expressive rights of students, and to ensure that private institutions of higher education are transparent about, and responsible for, their chosen speech policies.
Sponsor: Senator Tom Cotton (R-AR)
S.3037
A bill to require elementary schools and secondary schools that receive Federal funds to obtain parental consent before facilitating a child’s gender transition in any form, and for other purposes.
Sponsor: Senator Tom Cotton (R-AR)
S.3048
A bill to authorize the Secretary of Education to establish an Advisory Commission on Serving and Supporting Students with Mental Health Disabilities in Institutions of Higher Education, and for other purposes.
Sponsor: Senator Bob Casey (D-PA)