E-Update for the Week of October 7, 2019

Highlights:

• On October 4, the U.S. Department of Education (USED) announced new grantees for the Teacher Quality Partnership (TQP) program. The program is designed to support school districts and universities in preparing and developing new and existing teachers and school leaders. According to the Department, 31 grants were awarded totaling $20.1 million, with most going directly to school districts.
• On October 1, the U.S. Department of Health and Human Services (HHS) Administration for Children and Families (ACF) published in the Federal Register a notice requesting public information on how to improve access to child care. ACF seeks information on identifying emerging and innovative practices to improve access, as well as what regulatory policies are causing costs to increase or limit choice to parents.
• On September 30, the U.S. District Court for Massachusetts rendered a decision in Students for Fair Admissions v. Harvard. The district court rejected the claims of discrimination. Relatedly, on October 4, Students for Fair Admissions appealed to the First Circuit Court of Appeals.

Federal Courts:

Harvard race-based admissions case ruled in University’s favor, decision appealed: The U.S. District Court for Massachusetts rendered a decision in Students for Fair Admissions v. Harvard. The plaintiff in that case (Students for Fair Admissions) challenged Harvard’s admissions policies and practices designed to advance its diversity goals as unlawfully discriminatory under Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race and national origin by recipients of federal funds. The district court rejected the claims of discrimination. Although this decision is an important milestone in the landscape of cases addressing challenges to diversity-related admissions policies that consider race and ethnicity, this decision is highly-fact based, only reflects the conclusion of a single federal district (trial) court judge and binds only the parties involved.  The court decision is here. An EducationCounsel summary and analysis of the decision is here.

Relatedly, on October 4, Students for Fair Admissions appealed to the First Circuit Court of Appeals.
September 30, 2019

Congress:

The House and Senate will be on recess in observance of the Jewish holidays form September 30 through October 14. Both the House and Senate will return to session on October 15.

House:

Education Committee Chairman applauds decision in Harvard admissions case: House Education and Labor Committee Chairman Bobby Scott (D-VA) released a statement in response to a recent federal district court ruling on the Harvard University admissions lawsuit. The district court judge ruled that Harvard’s use of race in making admissions decisions was Constitutional. “[The] decision sends an important message to schools across the country: Our courts still recognize that pursuing a racially diverse campus is both legal and in the best interests of students,” stated the Chairman. The full statement is here.
October 1, 2019

Administration:

White House:

Trump extends select number of President advisory committees related to USED: President Donald Trump issued an Executive Order (EO) on the “Continuance of Certain Federal Advisory Committees.” The EO extended the function of several advisory committees until September 30, 2021. Such advisory committees included in the EO are the President’s Advisory Commission on Educational Excellence for African Americans, the President’s Advisory Commission on Educational Excellence for Hispanics, and the President’s Board of Advisors on Historically Black Colleges and Universities. The EO is here.
September 27, 2019

U.S. Department of Education (USED):

Department awards $20 million in new TQP grants, focus on STEM and computer science training: The U.S. Department of Education (USED) announced new grantees for the Teacher Quality Partnership (TQP) program. The program is designed to support school districts and universities in preparing and developing new and existing teachers and school leaders. According to the Department, 31 grants were awarded totaling $20.1 million, with most going directly to school districts. The Department highlighted that the awards will “help foster meaningful professional development opportunities,” especially for STEM and computer-science training. “Nearly half” of the awards were given to programs that operate within Qualified Opportunity Zones. A press release from the Department is here.
October 4, 2019

Department awards over $4 million in CTE improvement grants: USED Secretary Betsy DeVos announced the recipients of the Innovation and Modernization (I&M) grant, which is authorized by Perkins Career and Technical Education Act. The I&M grant is “designed to test new ideas to help prepare students for success in the workforce by identifying, supporting, and evaluating evidence-based strategies for improving [career and technical education (CTE)].” Nine recipients were awarded over $4.3 million, and according to the Department, all recipients will serve students located in Qualified Opportunity Zones. A press release from the Department is here.
October 3, 2019

DeVos continues to champion Education Freedom Scholarships program:  USED Secretary DeVos attended an event at the American Enterprise Institute (AEI) in which she discussed her Education Freedom Scholarships (EFS) proposal. The EFS proposal is a $5 billion federal tax credit program that would create locally controlled scholarship programs for students to access in order to pay for tuition costs at any education option available to them. The event was focused on how school choice, including the use of voucher programs, can improve education across the country. “Education freedom is pro-parent and pro-student. It is not anti-public school. If your school is working for your child, stay put…Education freedom isn’t about elevating one type of school over another—it’s about trusting parents and believing in students,” stated the Secretary. A press release from the Department is here. A recording of the Secretary’s full remarks is here.
October 1, 2019

FAFSA application opens, USED announces key changes to online, mobile applications: USED announced it added new features to the online Free Application for Federal Student Aid (FAFSA) and the myStudentAid mobile app. According to a release by the Department, key changes include improved synchronization between the myStudentAid app and the online FAFSA form; the inclusion of the Student Aid Report on the myStudentAid app; and new checklists for students and families to use in monitoring their application progress. A Department press release is here.
October 1, 2019

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

ACF seeking public input on improving access to high-quality child care: The U.S. Department of Health and Human Services (HHS) Administration for Children and Families (ACF) published in the Federal Register a notice requesting public information on how to improve access to child care. ACF seeks information on identifying emerging and innovative practices to improve access, as well as what regulatory policies are causing costs to increase or limit choice to parents. “Improving access to safe, high-quality child care that enables parental employment and supports child and youth development is a top priority for ACF and this administration, and we have seen a record increase in the child care block grant to states,” stated Lynn Johnson, assistant secretary of ACF. A press release from ACF is here. The public notice is here.
October 1, 2019

Publications (Congressional and Administration):

• On October 2, the Government Accountability Office (GAO) published a report titled, “Foster Care: Education Could Help States Improve Educational Stability for Youth in Foster Care.” The report examined efforts by USED to support students who reside in foster care and how states currently work to support such students in staying within their schools while transitioning foster homes. The report includes one major recommendation for USED to develop an online clearinghouse for states and districts to share documents, webinar recordings, and other resources that can help with sustaining educational stability for foster youth. The report is here. A statement by Senate Health, Education, Labor, and Pensions (HELP) Committee Ranking Member Patty Murray (D-WA) is here.
• On October 2, the GAO published a report titled, “Head Start: Action Needed to Enhance Program Oversight and Mitigate Significant Fraud and Improper Payment Risks.” The report summarizes a study by GAO which explored if certain Head Start programs would enroll ficitious children using disqualifying application information. Key findings of the report include identifying that there was potential fraud at five of the 15 centers studied; that three centers encouraged attendance without following verification requirements; and that 7 centers correctly determined ineligibility. In response to the report’s findings, House Education and Labor Committee Ranking Member Virginia Foxx (R-NC) sent a letter to Committee Chairman Scott requesting that the Committee conduct a hearing to explore the findings further. “As policymakers we have a responsibility to ensure programs like Head Start are working efficiently and effectively. It’s not just taxpayer dollars that are on the line, it’s students’ futures,” wrote the Ranking Member. The GAO report is here. A release by Ranking Member Foxx is here. Her letter to Chairman Scott is here.

Upcoming Events (Congressional and Administration):

• The House and Senate will be on recess in observance of the Jewish holidays form September 30 through October 14. Both the House and Senate will return to session on October 15.

Upcoming Events (Outside Organizations):

• On October 7 at 10:00am, the Brookings Institute is holding an event titled, “Student Loans: A look at the evidence.” The event will explore how student debt, which now tops $1.5 trillion, is impacting both student borrowers and political conversations about higher education. More information and registration are here.
• On October 8 at 9:00am, the American Enterprise Institute (AEI) and the Fordham Institute are holding an event titled, “Getting the most bang for the education buck.” The event will focus on research regarding the impact of public-school financing and if current spending has been effective, or if it can be spent more effectively. More information and registration are here.
• On October 10 at 1:00pm, the College Board Access and Diversity Collaborative is holding an event to preview the information in their forthcoming publication on race-neutral strategies for institutions to consider when setting or revising diversity-aimed, race-neutral policies. The webinar will include a brief overview of legal requirements associated with race-neutral practices and policies; discussion of the nine race-neutral strategies featured in their forthcoming The Playbook (2d. Edition); and considerations for institutions when identifying and implementing race-neutral policies. More information and registration are here.
• On October 11 at 10:00am, the Brookings Institute is holding an event titled, “What does the 2020 election mean for education policy in the United States?” The event will discuss what will the 2020 election largely focus on related to education, including, but not limited to, issues of college affordability, student debt, teacher recruitment, and developing the workforce. The event will feature former USED Secretaries of Education Arne Duncan and John King, Jr. More information and registration are here.
• On October 23 at 2:00pm, the College Board Access & Diversity Collaborative is holding an event titled, “Students for Fair Admissions v. Harvard: Understanding What the Court Said and What It Means for Higher Education.” The webinar will address issues relevant to the federal court’s September 30 decision in Students for Fair Admissions v. Harvard. The court’s 130-page decision in favor of Harvard applies federal nondiscrimination law to Harvard’s consideration of race and ethnicity in its admissions program designed to advance its diversity-related interests. This webinar will unpack that decision, with a focus on key findings and lessons for other postsecondary institutions to consider as they develop and refine diversity-related policies and practices. More information and registration are here.

Legislation:

H.R.4584
A bill to amend the Higher Education Act of 1965 to repeal the suspension of eligibility for assistance under title IV due to drug-related offenses.
Sponsor: Rep. Karen Bass (D-CA)

H.R.4586
A bill to expand opportunity for Native American children through additional options in education, and for other purposes.
Sponsor: Rep. Andy Biggs (R-AZ)

H.R.4587
A bill to amend the Higher Education Act of 1965 to require certain institutions of higher education to provide notice of tuition levels for students.
Sponsor: Rep. Matt Cartwright (D-PA)

H.R.4590
A bill to amend the Higher Education Act of 1965 to terminate capitalization of interest after forbearance and certain deferment periods.
Sponsor: Rep. Danny Davis (D-IL)

H.R.4596
A bill to improve service to students and other participants in the Federal student financial assistance programs, to establish the Office of the Borrower Advocate to replace the Student Loan Ombudsman, and for other purposes.
Sponsor: Rep. Ilhan Omar (D-MN)