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E-Update for the Week of August 17, 2020

Highlights:

On August 13, the U.S. Department of Justice (DOJ) notified Yale University that the Department, “has determined that the university has violated, and is continuing to violate, Title VI of the Civil Rights Act of 1964 by discriminating on the basis of race and national origin in its undergraduate admissions with respect to domestic non-transfer applicants to Yale College.”
On August 13, the Senate went into recess until September 8. The Senate joins the House, which has been in recess since August 7, in leaving Washington without a deal on a next coronavirus relief package.
On August 12, the White House held an event titled, “Kids First: Getting America’s Children Safely Back to School.” Relatedly, later that day, the White House issued a brief set of recommendations for how schools can reopen safely.

Coronavirus (as related to education issues):
Note that all information related to the coronavirus (or COVID-19) is up to date as of August 14. Given the fast-moving nature of congressional and administrative actions to address the growing pandemic, we will do our best to update this information as […]

August 17, 2020 E-Update

E-Update for the Week of August 10, 2020

Highlights:

On August 6, President Donald Trump tweeted that he has directed his staff to begin drafting several Executive Orders so that he can take action on extending student loan relief, offering enhanced unemployment insurance benefits, and extending a federal moratorium on evictions.
On August 6, the House Oversight Select Subcommittee on the Coronavirus Crisis held a remote hearing titled, “Challenges to Safely Reopening K-12 Schools.” The Subcommittee heard testimony from former U.S. Department of Education (USED) Secretary Arne Duncan and from educators.
On July 31, the National Assessment Governing Board (NAGB) met to discuss how to recommend the Institute of Education Sciences (IES) should prepare for the National Assessment of Educational Progress (NAEP). The Board approved a resolution advising IES to continue preparing to administer the NAEP in 2021 for reading and math unless “accurate reporting… is not technically possible.”

Coronavirus (as related to education issues):
Note that all information related to the coronavirus (or COVID-19) is up to date as of August 7. Given the fast-moving nature of congressional and administrative actions to address the growing pandemic, we will do […]

August 10, 2020 E-Update

E-Update for the Week of August 3, 2020

Highlights:

On July 31, the House adopted its second fiscal year (FY) 2021 spending package. The six-bill minibus H.R.7617, which include the FY21 appropriations bill for the U.S. Departments of Labor, Health and Human Services, and Education (Labor/HHS), was adopted by a largely partisan 217-197 vote.
On July 29, U.S. Department of Education (USED) Secretary Betsy DeVos announced that 11 states had been awarded grants as part of her “Rethink K-12 Education Models Grant,” which is authorized as discretionary spending under the Coronavirus Aid, Relief, and Economic Security (CARES) Act.
On July 27, Senate Republicans introduced a series of bills as its latest stimulus proposal in response to the coronavirus, which is estimated to total approximately $1 trillion. Congressional Democrats, including Speaker of the House Nancy Pelosi (D-CA) and Senate Minority Leader Chuck Schumer (D-NY), have strongly decried the bill and have indicated that much of what is included in the bill are non-starters for negotiations.

Coronavirus (as related to education issues):
Note that all information related to the coronavirus (or COVID-19) is up to date as of July 31. Given the […]

August 3, 2020 E-Update

E-Update for the Week of July 27, 2020

Highlights:

On July 22 and 23, details began to emerge for what Senate Republicans will include in their proposed fourth coronavirus relief bill. According to multiple reports, including POLITICO, the $1 trillion package will include $15 billion for childcare and $105 billion for elementary, secondary, and postsecondary education programs.
On July 23, the CDC published new guidance to support child care and schools in planning to reopen. The CDC published supplemental guidance, to its earlier publications, focused on how schools should consider the latest science related to transmission risk, and the costs and benefits of opening schools.
On July 20, the House Appropriations Committee announced that the full House will consider a seven-bill minibus including various fiscal year (FY) 2021 appropriations bills. The minibus, H.R.7617, will include the FY2021 spending bill for the Departments of Labor, Health and Human Services, and Education (Labor/HHS).

Coronavirus (as related to education issues):
Note that all information related to the coronavirus (or COVID-19) is up to date as of July 24. Given the fast-moving nature of congressional and administrative actions to address the growing pandemic, we […]

July 27, 2020 E-Update

E-Update for the Week of July 20, 2020

Highlights:

On July 14, Senator Joni Ernst (R-IA) and Senate HELP Committee Chairman Lamar Alexander (R-TN) released the “Back to Work Child Care Grants Act of 2020.”
On July 13, the full House Appropriations Committee completed a markup of the FY 2021 Labor/HHS appropriations bill. The bill was reported favorably out of Committee by a 30-22 partisan vote.
On July 13, House Majority Leader Steny Hoyer (D-MD) sent a Dear Colleague Letter to outline the House floor schedule for the rest of July. Included in the letter, the Majority Leader indicated that during the week of July 27, the House could consider the next coronavirus relief package, which will be dependent on action in the Senate.

Coronavirus (as related to education issues):
Note that all information related to the coronavirus (or COVID-19) is up to date as of July 17. Given the fast-moving nature of congressional and Administrative actions to address the growing pandemic, we will do our best to update this information as quickly as possible.
Congress:
Congressional Democrats calls for investigation into USED implementation of CARES: Senate Health, Education, Labor, […]

July 20, 2020 E-Update

E-Update for the Week of July 13, 2020

Highlights:

This week, the White House called attention to the importance of reopening schools for in-person classes this fall through a series of events, briefings, and statements.
On July 7, House Minority Leader Kevin McCarthy (R-CA) authored an Op/Ed in USA Today advocating, “any additional financial relief considered by Congress to businesses to aid in the economic recovery should prioritize child care providers and schools.”
On July 7, attorneys general for Michigan, California, the District of Columbia, Maine, New Mexico, and Wisconsin filed a complaint against the interim final rule issued by USED outlining how schools could comply with the equitable services requirement for funding included in the Coronavirus Aid, Relief and Economic Security (CARES) Act.

Coronavirus (as related to education issues):
Note that all information related to the coronavirus (or COVID-19) is up to date as of July 10. Given the fast-moving nature of congressional and Administrative actions to address the growing pandemic, we will do our best to update this information as quickly as possible.
Congress:
House:
House higher education panel explores future of postsecondary education: The House Education and Labor Subcommittee […]

July 13, 2020 E-Update

E-Update for the Week of July 6, 2020

Highlights:

On July 1, the House passed H.R.2, the “Moving Forward Act,” which is a $1.5 trillion infrastructure package. The bill was adopted on a largely partisan 233-188 vote. As part of the package, the bill includes $130 billion for school construction as part of the “Rebuild and Reopen America’s Schools Act.”
On June 30, Senate Minority Leader Chuck Schumer (D-NY) and Senate Health, Education, Labor, and Pensions (HELP) Committee Ranking Member Patty Murray (D-WA) introduced the “Coronavirus Child Care and Education Relief Act (CCCERA).” The bill would provide $430 billion to address the national child care and education crises caused by the coronavirus pandemic.
On June 30, the Supreme Court of the United States issued its opinion on the case of Espinoza v. Montana Department of Revenue. The case revolved around the exclusion of private, religious schools from being included within a state voucher program.

Coronavirus (as related to education issues):
Note that all information related to the coronavirus (or COVID-19) is up to date as of 3:00 pm on July 2, 2020. Given the fast-moving nature of congressional and Administrative […]

July 6, 2020 E-Update

EducationCounsel supports efforts to protect rights of transgender students across the country

Through its long-standing engagement with GLSEN, a national nonprofit dedicated to promoting and supporting LGBTQ+ inclusive schools, EducationCounsel has authored numerous amicus briefs along with Willkie Farr & Gallagher LLP on behalf of GLSEN, the National PTA, the American School Counselor Association, and the National Association of School Psychologists (referred to as “amici” below) in the U.S. Supreme Court and several federal circuit courts of appeal.
While equitable access to school restrooms may seem unimportant and tangential to some, being able to use the restroom that matches his gender identity has been the plight of Gavin Grimm, and to an increasing number of transgender and gender non-conforming individuals, for many years. His journey continues with the Fourth Circuit Court of Appeals hearing oral arguments on his case late last month — for the second time.
Last year, EducationCounsel filed an amicus brief in the U.S. Court of Appeals for the Fourth Circuit on behalf of Gavin (Grimm v. Gloucester Country School Board). Gavin, who identifies as transgender, is a former student of Gloucester County Schools and has been fighting for relief […]

June 30, 2020 Latest Counsel

E-Update for the Week of June 29, 2020

Highlights:

On June 25, U.S. Department of Education (USED) Secretary Betsy DeVos published an interim final rule in the Federal Register related to equitable services requirements for districts when spending funding provided by the Coronavirus Aid, Relief, and Economic Security (CARES) Act
On June 25, House Appropriations Committee Chairwoman Nita Lowey (D-NY) and House Ways and Means Committee Chairman Richard Neal (D-MA) introduced, on behalf of Democrats from their respective committees, H.R.7327, the “Child Care for Economic Recovery Act.”
On June 23, POLITICO reported that Senate Health, Education, Labor, and Pensions (HELP) Committee Chairman Lamar Alexander (R-TN) indicated his support for additional federal financial support to schools and colleges so they can continue to respond and recover from the coronavirus pandemic.

Coronavirus (as related to education issues):
Note that all information related to the coronavirus (or COVID-19) is up to date as of 8:00 pm on June 25, 2020. Given the fast-moving nature of congressional and Administrative actions to address the growing pandemic, we will do our best to update this information as quickly as possible.
Congress:
Senate:
Schumer, Senate Democrats to push […]

June 29, 2020 E-Update

E-Update for the Week of June 22, 2020

Highlights:

On June 19, POLITICO reported that House Appropriations Committee Chairwoman Nita Lowey (D-NY) sent a Dear Colleague Letter to members of the Appropriations Committee and outlined that the Labor, Health and Human Services, and Education (Labor/HHS) Subcommittee will mark-up its fiscal year (FY) 2021 bill at 5:00 pm on July 7.
On June 18, Speaker of the House Nancy Pelosi (D-CA) announced that the House will move forward with its consideration of the “Moving Forward Act,” which is House Democrats’ infrastructure proposal combining several related bills into one infrastructure package, including House Education and Labor Committee Chairman Bobby Scott’s (D-VA) school infrastructure bill. Speaker Pelosi indicated that she plans to move the bill to the House floor by the end of June.
On June 17, a U.S. District Judge from California blocked USED Secretary DeVos from implementing her interim final rule regarding student eligibility to receive an emergency aid grant under the Higher Education Emergency Relief (HEER) Fund, as authorized by the CARES Act.

Coronavirus (as related to education issues):
Note that all information related to the coronavirus (or COVID-19) is […]

June 22, 2020 E-Update