E-Update for October 27, 2017
Highlights
- On October 26, the House passed H. Con. Res. 71, the Senate-approved Fiscal Year (FY) 2018 budget resolution which includes reconciliation instructions for tax reform. This sets up a process for tax reform legislation to be considered more quickly.
- On October 27, USED announced that it will withdraw close to 600 out-of-date subregulatory guidance documents, as these documents are either superseded by current law or no longer in effect.
- On October 26, President Trump announced his intent to nominate Kenneth L. Marcus of Virginia to be the Assistant Secretary for Civil Rights at the Department of Education.
Congress:
Former Congressmen Hold Event Supporting Early Childhood Development: Former Senator Rick Santorum and former Congressman George Miller held an event with the Bipartisan Policy Center to discuss the child tax credit and other early childhood issues. During the event, the former lawmakers announced their proposal to increase the child tax credit to a $1500 refundable tax credit for families with children ages 0-5. Senator Santorum and Congressman Miller emphasized that research has shown how important ages 0-5 are in a child’s life, demonstrating how increased resources targeted towards supporting children at this age can have a significant impact.
October 26, 2017
Natural Disaster Relief Funding Bill Passed; Congress Urges Support for PR and VI Schools: The Senate passed a second emergency funding bill for recovery efforts from recent hurricanes and wildfires by a vote of 82 to 17. The bill would provide $36.5 billion in emergency funding. The press release is available here. Additionally, over 60 members of Congress, including House Education and the Workforce Committee Ranking Member Bobby Scott (D-VA), sent a letter on October 24 to U.S. Department of Education (USED) Secretary Betsy DeVos and Office of Management and Budget (OMB) Director Mick Mulvaney regarding their request to prioritize relief assistance to Puerto Rican and U.S. Virgin Islands’ schools that have been affected by recent hurricanes. In the letter, the members emphasize the important role that public schools play as a community hub, adding to the urgency that school districts receive assistance to reopen schools as quickly as possible. The press release and letter are available here.
October 24, 2017
House:
House Passes FY2018 Budget Resolution: The House passed H. Con. Res. 71, the Fiscal Year (FY) 2018 budget resolution, by a vote of 216-212. As the House passed the Senate-approved budget resolution including reconciliation instructions for tax reform, this sets up a process for tax reform legislation to be considered more quickly. The next step is expected to be the release of a tax reform proposal in the House on November 1. The Senate is likely to follow with the release of its own proposal soon after the House. House Ways and Means Chairman Kevin Brady’s (R-TX) statement is available here. The Senate Finance Committee majority statement is available here. House Budget Committee Chairman Diane Black’s (R-TN) statement is available here. House Budget Committee Ranking Member John Yarmuth’s (D-KY) floor statement is available here.
October 26, 2017
House Subcommittees Hold Joint Hearing on Cybersecurity Workforce Development: The House Education and the Workforce Subcommittee on Higher Education and Workforce Development and the House Homeland Security Subcommittee on Cybersecurity, Infrastructure Protection, and Security Technologies held a joint hearing titled, “Public-Private Solutions to Educating a Cyber Workforce.” During the hearing, members and witnesses emphasized the importance of providing access to CTE and workforce development programs to ensure that people are prepared to enter high-demand and high-skill fields, such as cybersecurity. Webcast, opening statements, and witness testimony here. The Minority press release is available here.
October 24, 2017
Senate:
Senate HELP Committee Holds Hearing on Free Speech on College Campuses; DOJ Files Statement of Interest in First Amendment Case: The Senate Health, Education, Labor, and Pensions (HELP) Committee held a hearing titled, “Exploring Free Speech on College Campuses.” During the hearing, Senate HELP Committee Chairman Lamar Alexander (R-TN) emphasized that the importance of the expression of diverse opinions on college campuses, while Ranking Member Patty Murray highlighted the importance of speaking out against bigotry, racism, and other forms of hate. Webcast and witness testimony is available here. Chairman Alexander’s opening statement is available here and Ranking Member Patty Murray’s statement here. Regarding free speech, the U.S. Department of Justice also filed this week a statement of interest in Shaw vs. Burke, in which Kevin Shaw, a Los Angeles Pierce College student, sued his school earlier this year in federal court regarding his claim that administrators unconstitutionally prohibited him from handing out Spanish-language copies of the Constitution because he was not inside a 616-square-foot “free speech area.” In the statement of interest, the DOJ agreed with Shaw, arguing that containing all expressive activity to the small free speech zone “is not a valid time, place, or manner restriction” under the First Amendment.
October 26, 2017
Senator Murray Criticizes USED’s Delay of Borrower Defense Rule: Ranking Member of the Senate HELP Committee Patty Murray released a statement criticizing USED Secretary DeVos’s decision to further delay the effective date of the borrower defense rule for another two years. Regarding the decision, Ranking Member Murray stated, “Instead of giving predatory corporations the green light to continue to take advantage of students, Secretary DeVos needs to stop these outrageous delays and start providing relief to the tens of thousands of students who have been cheated out of their education and savings.”
October 20, 2017
Administration:
White House:
President Trump Announces Intended Nominee for USED Assistant Secretary for Civil Rights Position: President Trump announced his intent to nominate Kenneth L. Marcus of Virginia to be the Assistant Secretary for Civil Rights at the Department of Education. Mr. Marcus is currently President and General Counsel of the Louis D. Brandeis Center for Human Rights Under Law and previously served as Staff Director of the U.S. Commission on Civil Rights. He also served as Assistant Secretary of Education for Civil Rights under President George W. Bush.
October 26, 2017
First Lady Kicks Off National Bullying Prevention Month; Senators Ask USED Secretary DeVos to Address School Harassment: This week, First Lady Melania Trump and USED Secretary DeVos visited Orchard Lake Middle School in West Bloomfield, Michigan to mark the beginning of the “Week of Inclusion,” which is part of National Bullying Prevention Month. During the visit, First Lady Trump and USED Secretary DeVos observed lessons on respecting others, kindness, and inclusion. The press release is available here. Also this week, nine members of the Senate HELP Committee, including Ranking Member of the Committee Patty Murray, sent a letter to USED Secretary DeVos asking her to address the recent increase in reports of harassment, bullying, and intimidation in schools. In the letter, the members specifically refer to the potential impact of President Trump’s tweets and remarks on students’ actions in school. The press release and letter are available here.
U.S. Department of Education (USED):
USED to Withdraw 600 Pieces of Subregulatory Guidance: USED announced that it will withdraw close to 600 out-of-date subregulatory guidance documents (including 97 Office of Elementary and Secondary Education, 72 Office of Special Education and Rehabilitation Services, and 398 Office of Postsecondary Education guidance documents) as these documents are either superseded by current law or no longer in effect. Regarding this announcement, USED explained, “Removing these out-of-date materials will make it easier for schools, educators, parents and the public to understand what guidance is still in effect.” House Education and the Workforce Committee Ranking Member Bobby Scott’s (D-VA) statement on the rescission of Office of Special Education and Rehabilitative Services guidance documents is available here.
October 27, 2017
USED Secretary DeVos Convenes Group for National Learning Disabilities and Dyslexia Awareness Month: USED Secretary DeVos convened a roundtable of parents and advocates from the disability community to engage in a dialogue on how the Department can best serve children with disabilities. This convening serves as part of the Department’s recognition of National Learning Disabilities and Dyslexia Awareness Month.
October 25, 2017
Members of USED Rulemaking Committee Named: This week, Politico announced that the members of USED’s rulemaking committee on regulations for loan forgiveness for defrauded student loan borrowers, including the borrower defense to repayment rule have been named. The members of the committee come from a number of public and private institutions, including representatives from colleges and universities, student and veteran groups, and other organizations.
Legislation:
S.2007
A bill to amend the Internal Revenue Code of 1986 to increase the exclusion for educational assistance programs.
Sponsor: Sen. Jeff Flake (R-AZ)
H.Con.Res.86
A resolution condemning the racist and hate-based attacks on our college campuses and reaffirming our support for inclusion and safety in our institutions of higher learning.
Sponsor: Rep. Frederica Wilson (D-FL)
H.R.4093
A bill to amend the Higher Education Act of 1965 to strengthen prevention and response measures for hate crimes on college campuses by establishing robust accountability measures, providing needs-based grants, and amending the Clery Act.
Sponsor: Rep. Anthony Brown (D-MD)
H.R.4101
A bill to reverse declining milk consumption in schools.
Sponsor: Rep. Glenn Thompson (R-PA)
H.R.4108
A bill to establish an Anti-Bullying Roundtable to study bullying in elementary and secondary schools in the United States, and for other purposes.
Sponsor: Rep. Daniel Donovan (R-NY)
H.R.4115
A bill to promote registered apprenticeships and other work-based learning programs for small and medium-sized businesses within in-demand industry sectors, through the establishment and support of industry or sector partnerships.
Sponsor: Rep. Suzanne Bonamici (D-OR)
H.R.4119
A bill to amend the Higher Education Act of 1965 to direct the Secretary of Education to develop a plain language disclosure form for borrowers of Federal student loans, and for other purposes.
Sponsor: Rep. Luke Messer (R-IN)
H.R.4125
A bill to amend the Higher Education Act of 1965 to provide for comprehensive student achievement information.
Sponsor: Rep. Mia Love (R-UT)
H.R.4135
A bill to amend the Internal Revenue Code of 1986 to increase the exclusion for educational assistance programs.
Sponsor: Rep. Jason Smith (R-MO)