E-Update for September 22, 2017

Highlights:

• On September 18, the remaining states who had not yet submitted their ESSA consolidated state plans sent their plans to the U.S. Department of Education (USED) for approval.
• On September 22, USED Secretary DeVos announced the decision to rescind a 2011 Dear Colleague letter and related Questions and Answers document providing guidance on how schools should handle investigations of campus sexual assault.
• On September 19, 66 members of Congress sent a letter to USED Secretary Betsy DeVos criticizing her decision to suspend the implementation of the gainful employment rule.

Every Student Succeeds Act (ESSA):

Remainder of ESSA State Plans Due to USED; MA ESSA Plan Approved: States that had not already submitted their ESSA consolidated state plans in spring 2017 for approval were required to submit their plans for approval to USED on September 18. As of today, state plans have been posted for the following states: Arkansas, California, Idaho, Ohio, Maryland, Mississippi, Missouri, Wisconsin, and Wyoming. Posted plans can be found here. Additionally, USED Secretary Betsy DeVos announced the approval of Massachusetts’ ESSA consolidated state plan on September 21. In the announcement, USED Secretary DeVos highlights Massachusetts’ focus on ensuring that all students participate in rigorous coursework and the state’s commitment to district innovation. The press release can be found here.
September 18, 2017

Democratic Members Urge USED to Only Approve ESSA State Plans that Meet All of Law’s Requirements: The Ranking Member of the House Education and the Workforce Committee Bobby Scott (D-VA) and the Ranking Member of the Senate HELP Committee Patty Murray (D-WA) sent a letter to USED Secretary DeVos requesting that she implement ESSA as Congress intended and only approve state plans that comply with the law. The letter states, “we are concerned that inconsistent feedback and a lack of enforcement of the law’s equity-focused provisions will hinder states’ ability to identify and address persistent achievement gaps, harming our nation’s most vulnerable students.”
September 18, 2017

Congress:

66 Members of Congress Send Letter to USED Criticizing Gainful Employment Rule Suspension: 66 members of Congress, led by the Ranking Member of the Senate Health, Education, Labor, and Pensions (HELP) Committee Patty Murray (D-WA) and Rep. Rosa DeLauro (D-CT), sent a letter to USED Secretary Betsy DeVos criticizing her decision to suspend the implementation of the gainful employment rule. In the letter, the members state that the decision will harm students and warn against putting the interest of for-profit colleges above students and taxpayers.
September 19, 2017

Senate:

Hearing Held for Nomination of Carlos G. Muniz to Serve as General Counsel of USED: The Senate HELP Committee held a hearing to consider the nomination of Carlos G. Muniz to serve as General Counsel of USED. During the hearing, Mr. Muniz assured the Committee that, if confirmed, his ultimate responsibility would be to uphold the law and use independent judgement as he provides legal advice to USED Secretary DeVos and USED employees. Senate HELP Committee Chairman Lamar Alexander’s statement can be found here.
September 19, 2017

Bipartisan Senate Bill to Reauthorize MIECHV Program Introduced: Senator Chuck Grassley (R-IA) introduced a bipartisan bill, S. 1829, the “Strong Families Act of 2017,” which would reauthorize the Mother, Infant, and Early Childhood Home Visiting (MIECHV) program for five years. The MIECHV Program supports at-risk pregnant women and families and helps the parents of children from birth to kindergarten with home visits by a nurse, social worker, early childhood educator or other trained professional.
September 19, 2017

Bipartisan Senate Bill to Extend CHIP Funding Introduced: Chairman of the Senate Finance Committee Orrin Hatch (R-UT) and Ranking Member of the Committee Ron Wyden (D-OR) introduced S. 1827, the “Keeping Kids’ Insurance Dependable and Secure (KIDS) Act.” The bipartisan bill would extend funding for the Children’s Health Insurance Program (CHIP) for five years and transition CHIP to a federal-state partnership. The bill would also provide additional protections for low-income children.
September 18, 2017

Democratic Senators Send Letter to CFPB Director Regarding Termination of Information-Sharing Agreements: Senators Elizabeth Warren (D-MA) and Sherrod Brown (D-OH) sent a letter to Consumer Financial Protection Bureau (CFPB) Director Richard Cordray asking to release communications between USED and CFPB regarding the Trump Administration’s decision to terminate information-sharing agreements between the two agencies. The Senators also requested information on illegal practices that CFPB discovered through the information-sharing agreements.
September 18, 2017

Administration:

White House:

2017 National HBCUs Week Held: President Donald Trump released a proclamation naming September 17-23 as National Historically Black Colleges and Universities (HBCUs) Week. In the proclamation, President Trump praised the role that HBCUs have played in American history and noted his commitment to investing in these schools to, “help ensure that HBCUs continue to be self-sustainable and viable institutions of higher education for generations to come.” The proclamation came in advance of White House Summit on HBCUs held on September 18. The proclamation is available here. This week, the White House also confirmed the appointment of Johnathan Holifield to serve as director of the White House Initiative on HBCUs. Mr. Holifield is a former NFL player and currently works as an economic development consultant.
September 15, 2017

U.S. Department of Education (USED):

USED Rescinds Guidance on Campus Sexual Misconduct; Replaces with Interim Guidance: USED Secretary DeVos announced the decision to rescind a 2011 Dear Colleague letter and related Questions and Answers document providing guidance on how schools should handle investigations of campus sexual assault. As part of this announcement, USED has also released interim guidance on campus sexual misconduct while the Department undergoes a rulemaking process on Title IX to produce new guidance. House Education and the Workforce Committee Ranking Member Bobby Scott’s statement is available here. Senate HELP Committee Ranking Member Patty Murray’s statement is available here.
September 22, 2017

Comments on USED’s Review of Regulations and Guidance Due: Comments were due on September 20 in response to USED’s notice seeking input on regulations and guidance to consider for repeal, replacement and modification. USED’s Regulatory Reform Task Force is currently evaluating existing regulations and guidance to “alleviate unnecessary regulatory burdens,” in response to Executive Order 13777, “Enforcing the Regulatory Reform Agenda.” In response to the notice, over 16,000 comments have been received.
September 20, 2017

GAO Releases Report with Recommendations to USED on Monitoring the Financial Condition of Higher Education Institutions: The Government Accountability Office (GAO) released a report titled, “Education Should Address Oversight and Communication Gaps in Its Monitoring of the Financial Condition of Schools.” In the report, the GAO recommends that USED update its financial composite score for measuring a college or university’s financial status. In a response letter to the report, USED declined to implement the recommendation, but agreed to improve its guidance on how schools should calculate their scores.
September 20, 2017

Upcoming Events:

• On September 25, the Senate Finance Committee will hold a hearing to consider the Graham-Cassidy-Heller-Johnson Health Care bill at 2:00 pm. Chairman of the Senate Finance Committee Orrin Hatch’s statement can be found here. Ranking Member of the Senate Finance Committee Ron Wyden’s statement can be found here. More information is available here.
• On September 25, the House Rules Committee will hold a meeting to set the rules of debate for H.R. 2824, the “Increasing Opportunity through Evidence-Based Home Visiting Act,” which would reauthorize the MIECHV program. H.R. 2824 is expected to be considered by the full House next week. More information is available here.
• On September 26, the House Oversight Committee will hold a hearing titled, “Recommendations of the Commission on Evidence-Based Policymaking” at 10:00 am. More information is available here.
• On September 26, USED will conduct a public hearing on Department regulations related to postsecondary education that may be appropriate for repeal, replacement, or modification at Salt Lake Community College from 9:00 am – 4:00 pm. More information is available here.
• On September 27, the Senate HELP Committee will hold an executive session to consider the nomination of Carlos G. Muniz to serve as General Counsel of USED at 10:00 am. More information is available here.

Publications:

• On September 21, USED’s Office of Federal Student Aid released seven reports on the characteristics of Federal Student Aid customers. The reports detail a number of findings about school type, age of borrowers, debt size, and program of study, among other data points. The reports can be found here.
• On September 19, the Institute of Education Sciences’ National Center for Education Statistics released a Statistics in Brief titled, “Adult Education Attainment and Assessment Scores: A Cross-National Comparison.” The brief summarizes information on adult literacy and numeracy proficiencies by education attainment based on 2011-12 data. More information is available here.

Legislation:

S. Amdt. 1050 to H.R. 2810
An amendment to increase funding for research, development, test, and evaluation for historically Black colleges and universities and other minority-serving institutions of higher education.
Sponsor: Sen. Tim Scott (R-SC)

S.1827
Keeping Kids’ Insurance Dependable and Secure (KIDS) Act
A bill to extend funding for the Children’s Health Insurance Program, and for other purposes.
Sponsors: Orrin Hatch (R-UT) and Ron Wyden (D-OR)

S.1829
A bill to amend title V of the Social Security Act to extend the MIECHV program.
Sponsor: Sen. Grassley (R-IA)

S. 1841
A bill to amend the National Apprenticeship Act to provide that applications relating to apprenticeship programs shall be processed in a fair and timely manner, and for other purposes.
Sponsor: Sen. Roger Wicker (R-MS)