E-Update for the Weeks of April 16, 23, and 30, 2018

Highlights:

• On May 3, U.S. Department of Education (USED) Secretary Betsy DeVos approved the Every Student Succeeds Act (ESSA) consolidated state plans of South Carolina and Virginia. Eleven ESSA state plans remain to be approved.
• On May 2, President Trump delivered remarks at the National Teacher of the Year Reception. Prior to the reception, USED Secretary Betsy DeVos and U.S. Secretary of Labor Alex Acosta held a listening session with the finalists and winner of the National Teacher of the Year award.
• On May 2, USED published a blog post requesting public comments to inform a grant competition for the new $10 million Statewide Family Engagement Centers program included in the FY2018 Omnibus Appropriations bill. Comments should be submitted by 5:00 pm on May 11.
• On April 24, USED’s Office for Civil Rights (OCR) released the 2015-16 Civil Rights Data Collection (CRDC), which collects data on key education and civil rights issues in our nation’s public schools.
• Grant applications are now available for the Education Innovation and Research Program (early phase, mid-phase, and expansion notices), Innovative Approaches to Literacy Program (notice), and Supporting Effective Educator Development (SEED) Grant Program (notice).

Every Student Succeeds Act (ESSA):

USED Approves Virginia and South Carolina ESSA State Plans: U.S. Department of Education (USED) Secretary Betsy DeVos approved the Every Student Succeeds Act (ESSA) consolidated state plans of South Carolina and Virginia. USED has approved plans for 39 states, D.C. and Puerto Rico thus far. Eleven state plans remain to be approved.
May 3, 2018

Florida Submits Revised ESSA State Plan: Florida submitted a revised version of its consolidated state plan under the Every Student Succeeds Act (ESSA), after the U.S. Department of Education (USED) raised concerns last fall regarding the state’s accountability system in their initial plan. The revised plan includes more information about the performance of English language learners in the state, which was a significant concern that was flagged in Florida’s initial plan.
April 20, 2018

California State Board of Education Approves Revised ESSA State Plan: The California State Board of Education voted to submit its revised ESSA state plan to USED. According to Politico, the plan includes a number of changes, such as, “clearer targets for measuring schools’ interim progress.” The State Board of Education is also requesting a waiver related to counting English Language learners. Politico states that, “California not only wants to count English language learners who are reclassified as former English language learners in a given year, but also English language learners who were reclassified in the previous year.”
April 12, 2018

Congress:

Senate:

Senate to Consider USED Deputy Secretary Nomination; USED General Counsel Confirmed: The Senate could consider the nomination of Mitch Zais to be Deputy Secretary at USED under an agreement to proceed to 10 hours of debate as early as the week of May 7. Mr. Zais’s nomination was advanced by the Senate Health, Education, Labor, and Pensions (HELP) Committee along party lines on January 18, 2018. Also, the U.S. Senate recently confirmed Carlos G. Muñiz as USED’s General Counsel by a vote of 55 to 43. Previously, Mr. Muñiz served as deputy state attorney general and chief of staff for Florida Attorney General Pam Bondi, and deputy general counsel under former Florida Governor Jeb Bush. USED Secretary Betsy DeVos’s statement here. Prior to the Senate confirmation vote, Senate Health, Education, Labor, and Pensions (HELP) Committee Ranking Member Patty Murray (D-WA) delivered a speech on the Senate floor during which she expressed concerns regarding Mr. Muñiz’s “willingness to stand up” to USED Secretary DeVos. Press release and text of speech here.
Week of May 7 and April 16, 2018

Senate HELP Committee Approves S. 2680, the “Opioid Crisis Response Act”: The Senate HELP Committee voted to approve S.2680, the “Opioid Crisis Response Act of 2018.” The bipartisan legislation will improve the ability of federal agencies, including the U.S. Department of Health and Human Services (HHS) and USED, to address the crisis and the ripple effects on children, families, and communities. The bills will also improve the ability to share data between states. Additional provisions in the bill support the development of non-addictive painkillers, assist states in improving plans of safe care for infants born with neonatal abstinence syndrome, and address child and youth trauma. More information here. Text of the bill here, and detailed summary here. Committee Chairman Lamar Alexander’s (R-TN) statement here and Ranking Member Patty Murray’s (D-WA) statement here.
April 24, 2018

House:

House Energy and Commerce Members Respond to Universal Service Fund Transfer to Treasury: House Energy and Commerce Committee Ranking Member Frank Pallone, Jr. (D-NJ) and Rep. Peter Welch (D-VT) issued a joint statement in response to the announcement that Federal Communications Commission (FCC) Chairman Ajit Pai has directed the immediate transfer of the Universal Service Fund to the U.S. Treasury. With funding from the Universal Service Fund, the E-rate program makes telecommunications and information services more affordable for schools and libraries. In the statement, the representatives expressed their concern regarding this action, as the Chairman’s decision comes without an analysis by the Government Accountability Office (GAO) which was requested by Ranking Member Pallone and Rep. Welch earlier this year.
May 3, 2018

House Democrats Unveil 21^st Century Workforce Plan: House Democratic leaders held a press conference at Northern Virginia Community College to unveil the newest plank of their economic agenda titled, “A Better Deal: Tools to Succeed in the 21st Century,” which focuses on Democrats’ commitment to investing in America’s workers, pioneering future frontiers and modernizing government. House Democratic Leader Nancy Pelosi stated, “We are presenting a bold, ambitious, new plan to secure America’s position as the unrivaled technological superpower of the future, while investing in our workers to ensure that all share in the benefits of our national progress.” Full plan here.
April 27, 2018 

House Labor/HHS Appropriations Subcommittee Holds Hearings on FY2019 Budget: The House Appropriations Labor, Health and Human Services, Education, and Related Agencies Subcommittee has held a series of hearings in recent weeks to examine proposals related to the budget for fiscal year (FY) 2019. On April 26, the Subcommittee held a hearing for public witnesses to testify on their priorities for federal funding for FY2019. More information here. On April 25, the Subcommittee held a hearing titled, “FY 2019 Pipeline to the Workforce.” The hearing included a discussion of the expansion of registered apprenticeships, as well as the possible use of Pell Grants for these programs. More information here. On April 17, the Subcommittee held a hearing for members of the House of Representatives to testify on their priorities for FY2019 federal funding. During the hearing, the Subcommittee heard support for Title IV – Student Support and Academic Enrichment Grants, among other programs. More information here.
Weeks of April 16 and 23, 2018

House Democrats Raise Objections to Education Savings Accounts; USED Secretary DeVos Meets with DoD: All 17 Democratic Members of the House Education and the Workforce Committee and all 24 Democratic Members of the House Armed Services Committee sent a letter to their respective Committee Chairwoman and Chairman, “expressing strong opposition to the inclusion of H.R. 5199, the Education Savings Accounts for Military Families Act, or any school voucher or privatization amendment, in the National Defense Authorization Act (NDAA).” The Representatives recommended that Congress support the implementation of the Military Interstate Children’s Compact Commission and monitor the achievement of military-connected students in school. Letter here. Related to the issue of education savings account, USED Secretary DeVos recently visited the Department of Defense to meet with an official regarding the Department of Defense Education Activity, the agency that manages schools for military children. The visit came as some groups were advocating for the provision to be included in National Defense Authorization Act, that would allow military families to use Impact Aid funds for education savings accounts.
April 24, 2018 and April 19, 2018

House Democrats Request GAO Study on ADA Compliance in Schools: House Education and the Workforce Ranking Member Bobby Scott (D-VA), House Commerce, Justice, Science (CJS) Appropriations Subcommittee Ranking Member José E. Serrano (D-NY), and House Judiciary Committee Ranking Member Jerrold Nadler (D-NY) sent a letter to the Government Accountability Office (GAO) to request that the agency evaluate public schools’ compliance with the Americans with Disabilities Act (ADA), and issue a report on the topic. The letter comes as a 2015 report by the former U.S. Attorney for the Southern District of New York shows that, “nearly 83 percent of the City’s public elementary schools are not fully accessible for students with disabilities,” which violates the Individuals with Disabilities Education Act (IDEA).
April 20, 2018

Administration:

White House:

President Trump Delivers Remarks at National Teacher of the Year Reception; USED Secretary DeVos Holds Listening Session with Finalists: President Trump delivered remarks at the National Teacher of the Year Reception. During his remarks, President Trump congratulated the finalists for the National Teacher of the Year award, and honored the recipient of the award – Mandy Manning of the state of Washington. President Trump’s remarks are available here. Prior to the reception, USED Secretary DeVos and U.S. Secretary of Labor Alex Acosta held a listening session with the finalists and winner of the National Teacher of the Year award. During the listening session, Secretary DeVos took questions from attendees for approximately 30 minutes. Jon Hazell, the Oklahoma Teacher of the Year, participated in a discussion regarding school choice policies with Secretary DeVos, claiming that such policies are “draining traditional public schools of resources in his state.” Politico article is available here.
May 2, 2018

Michelle Obama Hosts “College Signing Day” for High School Seniors: Former first lady Michelle Obama hosted the fifth annual “College Signing Day” in Philadelphia, where approximately 8,000 high school students gathered from across the city. The event is part of the Reach Higher initiative, a program that encourages high school seniors to continue their pursuit of education.
May 2, 2018

U.S. Department of Education (USED):

USED to Terminate Contracts with Student Debt Collectors: USED attorneys submitted a court filing that stated that it will formally terminate its contracts with two student debt collectors – Performant Financial Corporation and Windham Professionals — by early May of this year. USED claims that it does not need to hire additional debt collection firms because the agency has developed a “new approach” to how it collects defaulted federal student loans. USED stated that existing contracts with such firms provide “sufficient capacity to absorb the number of accounts expected to need debt collection services.” Politico article here.
May 3, 2018

USED Sends Borrower Defense to Repayment Rule and State Authorization Rule to OMB: USED sent its proposed “borrower defense to repayment” rule which governs loan forgiveness for defrauded students to the Office of Management and Budget (OMB) for review. This submission from the Department comes as earlier this year a negotiated rulemaking panel could not come to a consensus on how to rewrite the rule. OMB Notice here. Recently, USED also sent a draft proposed rule to OMB that would delay the effective date of the Department’s “state authorization” rule which governs distance education programs. The rule requires states to review student complaints regarding online programs that enroll their residents, despite the location of the college offering the online course. OMB notice here.
May 3, 2018 and April 20, 2018

USED Requests Comments on Statewide Family Engagement Centers Program: USED published a blog post requesting public comments to inform a grant competition for the new $10 million Statewide Family Engagement Centers program included in the FY2018 Omnibus Appropriations bill. Comments should be submitted by 5:00 pm on May 11.
May 2, 2018

Court Proceedings Begin in Gainful Employment Case: Court proceedings began in a case between 18 Democratic Attorneys General (AG) and USED regarding the “gainful employment” rule, which eliminates federal aid to career college programs if the graduates of their programs have large amounts of student loan debt relative to their earnings. The AGs argue that while USED is in the process of rewriting this rule, the agency has effectively “delayed and illegally failed to implement key parts of the regulation.” Politico article here.
May 1, 2018

USED Awards Disaster Relief to Three SEAs: USED announced that a total of approximately $693 million in new federal assistance will be awarded to three State Education Agencies (SEAs) under the Immediate Aid to Restart School Operations (K-12 Restart) program. These are the first awards that have been announced under the K-12 Restart program, which provides funds to SEAs with students and schools impacted by Hurricanes Harvey, Irma and Maria and the 2017 California wildfires. Assistance will be provided to local educational agencies (LEAs), including charter schools and private schools, “to help defray expenses related to restarting school operations and restoring the normal learning environment for students and families affected by the hurricanes and wildfires.” The three SEAs receiving the initial awards are California Department of Education (CDE), Puerto Rico Department of Education (PRDE), and Texas Education Agency (TEA).
April 30, 2018

USED Releases 2015-2016 Civil Rights Data Collection: USED’s Office for Civil Rights (OCR) released the 2015-16 Civil Rights Data Collection (CRDC), which for the first time since its creation in 1968 includes comprehensive data regarding incidents of criminal offenses in public schools. The report shows that students with disabilities and African American students are suspended and arrested at greater rates than their peers. The data also examines access to STEM courses, and shows that overall, high schools with large proportions of students of color are less likely to offer these types of courses. The data is self-reported by 17,300 public school districts and 96,400 public schools and educational programs. Full CRDC data set here.
April 24, 2018

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

Early Childhood Education Advocates Offer Input on Preschool Development Grant Competition: A number of early childhood education organizations sent a letter to U.S. Department of Health and Human Services (HHS) Secretary Alex Azar and USED Secretary DeVos offering their input on the implementation of the Preschool Development Grants program. Specifically, the organizations recommend that the agencies use a competitive grant structure, require states to develop needs assessments, and ensure renewal grants strive for continuous improvement.
April 26, 2018

Upcoming Events:

• On May 7, the White House Initiative on Educational Excellence for African Americans (WHIEEAA) will host the Reimagining the Educator Workforce: African American Teacher Diversity Summit at 10:00 a.m. The event will highlight individuals in the field that work to recruit and train educators of color, and will include a discussion of the teacher preparation pipeline and cultural competency training. More information is available here.
• On May 7-10, the Administration will celebrate Teacher Appreciation Week with the National PTA. More information is available here.
• On May 9, the House Education and the Workforce Subcommittee on Higher Education and Workforce Development will hold a hearing titled, “Closing the Skills Gap: Private sector solutions for America’s workforce” at 10:00 a.m. More information is available here.
• On May 9, the House Oversight Subcommittee on Healthcare, Benefits, and Administrative Rules and Subcommittee on Intergovernmental Affairs will hold a joint hearing titled, “Program Integrity for the Supplemental Nutrition Assistance Program” at 10:00 a.m. More information is available here.
• On May 10, USED Secretary DeVos will be the commencement speaker at Ave Maria University. More information is available here.
• On May 10, the Senate Appropriations Subcommittee on Labor, Health and Human Services (HHS), and Education will hold a hearing to review the President’s FY2019 Budget Request at 10:00 a.m. HHS Secretary Alex Azar will testify at the hearing. More information is available here.
• On May 10, the House Budget Committee will hold a hearing during which Members can share their ideas for the FY2019 Budget Resolution at 9:00 a.m. More information is available here.
• On May 10, the Task Force on Apprenticeship Expansion will meet from 1:00 p.m. to 3:00 p.m. at the U.S. Department of Labor Frances Perkins Building. The Task Force is charged with identifying strategies and proposals to promote and expand apprenticeships. Interested members of the public must register Notice is available here.
• On May 11, the U.S. Commission on Civil Rights will hold a briefing titled, “In the Name of Hate: Examining the Federal Government’s Role in Responding to Hate Crimes.” The briefing will examine local law enforcement’s practices in collecting and reporting data, as well as USED’s and the Justice Department’s role in the prosecution and prevention of hate crimes.
• On May 22-24, NACIQI will hold its Spring 2018 meeting at which time the performance of accrediting agencies currently undergoing review and evaluation for purposes of recognition by the USED will be discussed. The specific list of accrediting agencies, including the Accrediting Council for Independent Colleges and Schools (which was terminated last year under the Obama Administration and is seeking reinstatement), can be found in this notice. Full agenda can be found here.
• June 1 is the deadline to submit written testimony from outside witnesses to the Senate Labor/HHS Appropriations Subcommittee. More information is available here.

Publications:

• On May 1, U.S. Immigration and Customs Enforcement released a report titled, “SEVIS by the Numbers: Biannual Report on International Student Trends.” The report examines the number of students with active F (academic studies) and M (vocational studies) student visas. According to the report’s findings, international student enrollment in the United States decreased by 0.5 percent over the past year. The report is available here.
• On April 26, the GAO released a report titled, “Federal Student Loans: Actions Needed to Improve Oversight of Schools’ Default Rates.” The report examines how colleges and universities work with borrowers to manage default rates. Specifically, the report – which was requested by Representatives Rosa DeLauro (D-CT) and Mark Takano (D-CA) – highlighted the practice of a number of default management consulting firms pushing borrowers into prolonged forbearance as a method of helping schools artificially lower their Cohort Default Rates. The report is available here. Rep. Rosa DeLauro’s (D-CT) and Rep. Mark Takano’s (D-CA) statement is available here.
• On April 24, the National Center for Education Statistics (NCES) released a report titled, “The Feasibility of Collecting School-Level Finance Data: An Evaluation of Data from the School-Level Finance Survey (SLFS) School Year 2013–14.” The report examines school-level finance data on expenditures by function from the School-Level Finance Survey (SLFS). The report is available here.
• On April 24, NCES released a report titled, “Services to Support Parent Involvement by Community Type, Sector, and School Classification.” The report describes the availability of services to support parent involvement in public and private K-12 schools across the nation. The report is available here.
• On April 17, NCES released a report titled, “Career and Technical Education Programs in Public School Districts: 2016–17.” The report examines nationally representative data from the 2016–17 survey of career and technical education programs in public school districts, and includes findings such as the percent of public school districts that offered CTE programs to students at the high school level and types of credits offered through CTE programs. The report is available here.
• On April 17, the GAO released a report titled, “Higher Education: Characteristics of Graduate PLUS Borrowers.” The report analyzes data from the National Student Loan Data System for award years 2007 through 2017 to determine what is known about Grad PLUS borrowers, loan repayment plans that these borrowers use, and how the addition of loan limits might affect the number and type of borrowers. The report is available here.
• On April 17, the USED Office of Inspector General (OIG) released a final audit report titled, “Federal Student Aid’s (FSA) Contractor Personnel Security Clearance Process.” The report found that, “FSA did not effectively implement Department requirements for the contractor personnel security screening process.” The FSA office will be required to develop a corrective action plan within 30 days detailing the actions that will be taken and completion dates for those actions based on the findings in the audit report. The report is available here.

Legislation:

H.Res.860
A resolution supporting the goals and ideals of GLSEN’s 2018 national “Day of Silence” in bringing attention to anti-lesbian, gay, bisexual, transgender, and queer (LGBTQ) name-calling, bullying, and harassment faced by individuals in schools.
Sponsor: Rep. Eliot L. Engel (D-NY)

H.Res.841
A resolution expressing support for the designation of the week of April 23, 2018, through April 27, 2018, as “Skills for Today Week,” to honor educators and organizations, including beyond school programs, working to equip all learners with the knowledge and skills required for workforce, college, and life success.
Sponsor: Rep. David Loebsack (D-IA)

H.R. 5644
A bill to establish an Undersecretary to oversee educational assistance programs, such as the GI Bill, at the U.S. Department of Veterans Affairs.
Sponsor: Rep. Brad Wenstrup (R-OH)

H.R.5640
A bill to amend the Richard B. Russell National School Lunch Act to allow schools that participate in the school lunch program under such Act to serve whole milk.
Sponsor: Rep. Tom Marino (R-PA)

H.R.5601
A bill to direct the Secretary of Defense to conduct a study on the renovation, repair, or expansion needs of certain elementary schools and secondary schools that educate dependents of active duty military personnel.
Sponsor: Rep. Thomas MacArthur (R-NJ)

H.R.5566
A bill to establish a technology-based job training and education program.
Sponsor: Rep. Ben Ray Lujan (D-NM)

H.R.5564
A bill to amend Title IV of the Higher Education Act of 1965 to require institutions of higher education that participate in programs under such title to distribute voter registration forms to students enrolled at the institution, and for other purposes.
Sponsor: Rep. Raja Krishnamoorthi (D-IL)

H.R.5550
A bill to amend the Higher Education Act of 1965 to increase the maximum Federal Pell Grant amount, and for other purposes.
Sponsor: Rep. Peter A. DeFazio (D-OR)

H.R.5549
A bill to amend the Higher Education Act of 1965 to improve loans, and for other purposes.
Sponsor: Rep. Peter A. DeFazio (D-OR)

H.R.5538
A bill to amend title 38, United States Code, to provide for the inclusion of certain additional periods of active duty service for purposes of suspending charges to veterans’ entitlement to educational assistance under the laws administered by the Secretary of Veterans Affairs during periods of suspended participation in vocational rehabilitation programs.
Sponsor: Rep. Scott H. Peters (D-CA)

H.R.5523
A bill to direct the Attorney General and the Secretary of Education to develop and implement best practices for occupation-specific education for school resource officers.
Sponsor: Rep. Clay Higgins (R-LA)

H.R. 5481
GEAR UP for Success Act
A bill to improve and strengthen the Gaining Early Awareness and Readiness for Undergraduate Program (GEAR UP).
Sponsor: Rep. Will Hurd (R-TX)

S.167
[Signed into law by the President on April 30]
“National Memorial to Fallen Educators Act”
A bill to designate a National Memorial to Fallen Educators at the National Teachers Hall of Fame in Emporia, Kansas.
Sponsor: Senator Jerry Moran (R-KS)

S.2775
A bill to award career pathways innovation grants to local educational agencies and consortia of local educational agencies; to provide technical assistance within the Office of Career, Technical, and Adult Education to administer the grants and support the local educational agencies with the preparation of grant applications and management of grant funds; to amend the Higher Education Act of 1965 to support community college and industry partnerships; and for other purposes.
Sponsor: Senator Tina Smith (D-MN)

S.2768
A bill to establish an Undersecretary to oversee educational assistance programs, such as the GI Bill, at the U.S. Department of Veterans Affairs.
Sponsor: Senator Marco Rubio (R-FL)

S.2759
A bill to expand the U.S. Secret Service’s National Threat Assessment Center to create a program specific to school violence prevention research and training.
Sponsor: Senator Chuck Grassley (R-IA)

S.2754
A bill to establish a grant program to address the impact of substance use-related trauma on children and youth in public schools.
Sponsor: Senator Joe Manchin III (D-WV)

S.2737
A bill to amend the Higher Education Act of 1965 to provide for the preparation of career and technical education teachers.
Sponsor: Senator Tim Kaine (D-VA)

S.2699
A bill to amend Title IV of the Higher Education Act of 1965 to require institutions of higher education that participate in programs under such title to distribute voter registration forms to students enrolled at the institution, and for other purposes.
Sponsor: Senator Cory A. Booker (D-NJ)

S.2684
A bill to establish a Federal student loan restructured repayment schedule for certain borrowers who are agricultural producers.
Sponsor: Senator Tom Udall (D-NM)

S.2682
A bill to establish a student loan forgiveness plan for certain borrowers who are employed at a qualified farm or ranch.
Sponsor: Senator Christopher Murphy (D-CT)

S.2680
“Opioid Crisis Response Act of 2018”
A bill to address the opioid crisis.
Sponsor: Senator Lamar Alexander (R-TN)

S.2664
GEAR UP for Success Act
A bill to improve and strengthen the Gaining Early Awareness and Readiness for Undergraduate Program (GEAR UP).
Sponsor: Rep. Will Hurd (R-TX)