E-Update for the Week of October 4, 2021

Highlights:

• On September 30, both the House and the Senate passed a Continuing Resolution (CR) to extend federal funding until December 3 and prevent a government shutdown that was set to occur after midnight.
• On September 30, the Senate Health, Education, Labor and Pensions (HELP) Committee held a full committee hearing titled, “School Reopening During COVID-19: Supporting Students, Educators, and Families,” in which U.S. Department of Health and Human Services (HHS) Secretary Xavier Becerra and U.S. Secretary of Education (USED) Secretary Miguel Cardona testified.
• On September 28, the House passed the “Consider Teachers Act” (H.R.2048), a bipartisan bill that aims to address clerical errors related to the Teacher Education Assistance for College and Higher Education (TEACH) Grant program

Budget

Congress passes Continuing Resolution to stave off government shutdown, for now: Both the House and the Senate passed a Continuing Resolution (CR) to extend federal funding until December 3 and prevent a government shutdown that was set to occur after midnight. Prior to the next deadline, Congress must either work out a broader deal on the fiscal year (FY) 2022 appropriations bills, including the Labor, Health and Human Services, Education, and Related Agencies bill, or adopt another short-term fix. A statement from House Appropriations Committee Chairwoman Rosa DeLauro (D-CT) is here. A press release from Senate Appropriations Committee Chairman Patrick Leahy (D-VT) is here, a release from Ranking Member Richard Shelby (R-AL) is here.
September 30, 2021

Coronavirus Updates (as related to education):

Congress:

Senate:

Becerra, Cardona face Senate HELP Committee, discuss Admin strategy on reopening schools: The Senate Health, Education, Labor and Pensions (HELP) Committee held a full committee hearing titled, “School Reopening During COVID-19: Supporting Students, Educators, and Families,” in which U.S. Department of Health and Human Services (HHS) Secretary Xavier Becerra and U.S. Secretary of Education (USED) Secretary Miguel Cardona testified. During the hearing, Members from both parties covered a wide set of topics, including the Administration’s strategy related to COVID testing, implementation of Centers for Disease Control (CDC) guidance, and efforts to support schools in reopening and remaining open. However, there were some clear lines of difference between Republicans and Democrats, largely related to vaccine and mask mandates. During the hearing, Secretary Cardona alluded to a soon-to-be launched data dashboard to provide better data on school reopening statistics. A recording of the hearing is here, Secretary Cardona’s testimony is here, and Secretary Becerra’s testimony is here. A press release from Chairwoman Patty Murray (D-WA) is here, and a press release from Ranking Member Richard Burr (R-NC) is here.
September 30, 2021

Non-Coronavirus Updates:

Administration:

U.S. Department of Education (USED):

USED monitoring negotiations between Navient, Maximus related to federal student loan portfolio: USED announced that it was considering a proposal from student loan company Navient to end its contract with Federal Student Aid (FSA) and transfer its federal loan servicing accounts to Maximus, another government contractor. In a statement, FSA Chief Richard Cordray said that his office “has been monitoring the contract negotiations between Navient and Maximus for some time and now is considering a formal proposal for Maximus to assume Navient’s contract with FSA to service Department-held student loans.” FSA officials are “reviewing documents and other information from Navient and Maximus to ensure that the proposal meets all legal requirements and properly protects borrowers and taxpayers,” according to the statement. A press release from USED is here.  A statement from House Education and Labor Committee Ranking Member Virginia Foxx (R-NC) is here.
September 28, 2021

USED releases initial regulatory proposals for higher education regulation rulemaking process: USED released initial regulatory proposals for discussion by negotiators as part of negotiated rulemaking slated to begin October 4. The rulemaking panel, which will meet over the next several months to discuss the Department’s higher education agenda, will consider proposals to overhaul the rules governing various student loan debt relief programs. Another proposal would make it easier for borrowers who are defrauded by their college to obtain loan forgiveness. The panel will also consider a proposal to reinstate a policy implemented under the Obama Administration that prohibits colleges from requiring their students to sign mandatory arbitration agreements. An article from POLITICO is here (note: a subscription to POLITICO Pro is required).
September 28, 2021

National Labor Relations Board (NLRB):

NLRB rules that student athletes can collectively bargain: The National Labor Relations Board (NLRB) announced that student athletes at private colleges are protected under federal labor law and can collectively bargain. According to the NLRB General Counsel Jennifer Abruzzo, the National Labor Relations Act and common law “fully support” that college athletes are employees “who have the right to act collectively to improve their terms and conditions of employment.” An article from CBS is here.
September 29, 2021

Congress:

House:

Energy and Commerce Subcommittee explores college athletes’ name, image, likeness issues: The Energy and Commerce Consumer Protection and Commerce Subcommittee held a hearing titled, “A Level Playing Field: College Athletes’ Rights to Their Name, Image, and Likeness.” The hearing focused on the rights and protections for student athletes, including the right to earn compensation for their name, image, and likeness. Additional issues explored included potential legislation to address healthcare for student athletes and continuing education for student athletes. In his opening statement, full committee Chairman Frank Pallone (D-NJ) said that while the hearing focused on name, image, and likeness, “we cannot ignore other issues that face college athletes.” “Issues such as gender equity for college athletes, short and long-term safety and health care are just as important,” he said. In her opening statement, Subcommittee Chairwoman Jan Schakowsky (D-IL) agreed, saying that the subcommittee is “ready to have those debates on fair contracts, health and safety, Name-Image-Likeness, recruiting practices, and labor rights.” A recording of the hearing is here.
September 30, 2021

Education and Labor Subcommittee explores impact of closed school discharges: The Education and Labor Higher Education and Workforce Investment Subcommittee held a hearing titled, “Protecting Students and Taxpayers: Improving the Closed School Discharge Process.” The hearing focused on new findings from a Government Accountability Office (GAO) study examining the impact of abrupt school closures on student loans. During the hearing, Subcommittee Chairwoman Frederica Wilson (D-FL) called on USED to solve “key problems” the GAO identified in its report, including the fact that students, oftentimes, are not aware that they’re entitled to loan relief until after their credit has been damaged “through delinquency and default.” As a solution, Chairwoman Wilson proposed reinstating the automatic school discharge process that was implemented under the Obama Administration. However, Ranking Member Greg Murphy (R-NC) argued that “simply discharging students’ debt without providing every avenue possible to degree completion leaves taxpayers bearing an unnecessary burden.” Calling it “not a reasonable pathway,” Ranking Member Murphy instead urged that Congress should “ensure that schools receiving federal dollars are financially viable, rather than cleaning up the mess after they close.” A recording of the hearing is here. Chairwoman Wilson’s opening statement is here, and Ranking Member Murphy’s opening statement is here.
September 30, 2021

Pallone, McMorris Rodgers cross aisle to request GAO report on streamlining broadband deployment: House Energy and Commerce Committee Chairman Frank Pallone (D-NJ) and Ranking Member Cathy McMorris Rodgers (R-WA), along with other Committee Members, wrote to the GAO requesting a review of how improved interagency coordination can help streamline broadband deployment and close the digital divide, as well as what progress agencies are making toward these efforts. In the letter, the Members ask specifically how federal agencies are planning to implement recommendations issued by the National Telecommunications and Information Administration (NTIA) in October 2020 that aim to remove barriers that impede broadband deployment. A press release is here.
September 30, 2021

House adopts bill to address TEACH Grants, bill moves to President Biden’s desk for signature: The House passed the “Consider Teachers Act” (H.R.2048), a bipartisan bill that aims to address clerical errors related to the Teacher Education Assistance for College and Higher Education (TEACH) Grant program that often result in teachers’ grants being erroneously converted into loans. The bill, which also provides teachers with extra time to complete service requirements due to the COVID-19 pandemic, passed the Senate in April, and will now be signed into law. A press release is here.
September 28, 2021

Upcoming Events (Congressional and Administration):

• On October 6 at 12:00 pm, the House Education and Labor Higher Education and Workforce Investment Subcommittee will hold a subcommittee hearing titled, “Homecoming: The Historical Roots and Continued Contributions of Historically Black Colleges and Universities (HBCUs).” No witnesses have yet been announced. The hearing will be livestreamed here.

Upcoming Events (Outside Organizations):

• On October 5 at 1:00 pm, U.S. News & World Report will hold an event titled, “Building a Foundation for Student Well-Being and Success.” The webinar will explore efforts by colleges and universities to increase diversity and inclusion, address student mental health needs, improve campus safety, and equip future grads with in-demand job skills. More information and registration are here.
• On October 6 at 2:00 pm, the Bipartisan Policy Center (BPC) will hold an event titled, “Child Care in Rural America – What Have We Learned?” The event will discuss how child care for rural families has changed over time and explore the results of BPC’s latest survey on child care issues unique to rural America. More information and registration are here.
• On October 7 at 3:00 pm, New America will hold an event titled, “Supporting Community College Students with Quality Jobs.” The webinar will feature a discussion about why student jobs matter and which policies and strategies can facilitate better student access to these jobs. More information and registration are here.

Publications (Administration):

• On September 30, the Government Accountability Office (GAO) published a report titled, “College Closures: Many Impacted Borrowers Struggled Financially Despite Being Eligible for Loan Discharges.” In the report, the GAO examined what happens to student loan borrowers after a college abruptly closes. Key findings include identifying that college closure represented the end of many borrowers’ educational pursuits; that 70 percent of borrowers who eventually had their loans automatically discharged under a now-repealed Obama-era rule were either in default or delinquent on their loans, even though they technically qualified for a discharge earlier; and that the nearly 250,000 students who were enrolled in colleges that closed between 2010 and 2020 collectively owed about $4 billion in federal student loans. The full report is here.

Publications (Outside Organizations):

• On September 30, Gaggle published a report titled, “Through The Gaggle Lens: The State of Student Safety.” The report highlights key trends in harmful student behavior by showing the frequency of these behaviors among students nationwide. Key findings include identifying an 87 percent increase in online references to suicide and self-harm in the last school year among K-12 students; a 252 percent increase in the volume of threats of suicide or self-harm among elementary students; and a 131 percent increase in student safety incidents requiring district attention. The full report is here.
• On September 30, Gallup and Amazon Future Engineer published a report titled, “Developing Careers of the Future: A Study of Student Access to, and Interest in, Computer Science.” The report surveyed over 4,000 U.S. students in 5^th through 12^th grade about their interest in, and engagement with, computer science, both inside and outside of school. Key findings include identifying that while 62 percent of students surveyed say they would like to learn about computer science, only 49 percent have taken a class on the subject; 70 percent of students say computer science classes are available at their school; and 53 percent of students agree that they have a role model in computer science, leading to higher interest in the subject. The full report is here.
• On September 28, the Pioneer Institute published a report titled, “Homeschooling in Uncertain Times: COVID Prompts a Surge.” The report examines recent trends in the number of parents choosing to homeschool their children. Key findings include identifying that, according to the U.S. Census Bureau, the percentage of households with children being homeschooled has doubled, from 5.4 percent during the 2019-20 school year to 11 percent in the 2020-21 school year; and that, among Black households, it increased nearly five-fold, from 3.3 percent to 16.1 percent in a year. The full report is here.

Legislation:

H.R.5380
A bill to require institutions of higher education to notify students of the impact of private scholarships and grants on eligibility for institutional financial aid, and for other purposes.
Sponsor: Rep. Andy Kim (D-NJ)

H.R.5381
A bill to direct the Comptroller General of the United States to conduct a study on the front-loading of grant aid by institutions of higher education, and for other purposes.
Sponsor: Rep. Andy Kim (D-NJ)

H.R.5396
A bill to amend title IX of the Education Amendments of 1972 to establish standards of liability for harassment on the basis of sex, and for other purposes.
Sponsor: Rep. Debbie Dingell (D-MI)

H.R.5407
A bill to amend the Higher Education Act of 1965 to promote comprehensive campus mental health and suicide prevention plans, and for other purposes.
Sponsor: Rep. Susan Wild (D-PA)

H.R.5424
A bill to amend the Richard B. Russell National School Lunch Act to eliminate certain requirements under the summer food service program for children, and for other purposes.
Sponsor: Rep. Andy Kim (D-NJ)

H.R.5428
A bill to require the Secretary of Education, in consultation with the Attorney General and the Secretary of Health and Human Services, to publish an annual report on indicators of school crime and safety that includes data on school shootings, and for other purposes.
Sponsor: Rep. Debbie Wasserman Schultz (D-FL)