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E-Updates

Aug. 4, 2025

E-Update for August 4, 2025

The information covered below is from July 18, 2025, through August 1, 2025.

Highlights:

  • On July 30, the Department of Justice issued non-binding guidance to recipients of federal funds to ensure compliance with federal antidiscrimination laws as applied to “Diversity, Equity, and Inclusion (‘DEI’) programs.”
  • On July 31, the Senate Appropriations Committee approved, by a bipartisan vote of 26 to 3, the Fiscal Year 2026 Senate Labor/HHS Appropriations bill and report, which includes funding for the U.S. Departments of Education (USED) and Health and Human Services.
  • On July 29, the USED issued a Dear Colleague Letter (DCL) to chief state school officers inviting state education agencies, local education agencies, schools, and tribal leaders “to seek creative and effective waivers for improving student academic achievement and maximizing the impact of Federal funds.”

Administration:

Department of Justice (DOJ) issues guidance regarding use of federal funds on “DEI” programs: On July 30, the DOJ issued non-binding guidance to recipients of federal funds to ensure compliance with federal antidiscrimination laws, including as applied to “Diversity, Equity, and Inclusion (‘DEI’) programs.” The guidance primarily addresses Titles VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and the Equal Protection Clause of the Fourteenth Amendment. The DOJ identifies a number of ways it views DEI programs as violating these civil rights laws and provides illustrative examples of “unlawful” or “potentially unlawful” practices alongside a list of recommended “best practices.” The guidance focuses on “granting preferential treatment based on protected characteristics,” “prohibited use of proxies for protected characteristics,” “segregation based on protected characteristics,” and “training programs that promote discrimination or hostile environments.” In its recommendations on best practices, the guidance suggests that federal grantees, among other things, “ensure inclusive access,” “focus on skills and qualifications,” and “prohibit demographic-driven criteria” (e.g. scholarships for “underserved geographic areas” or “first-generation students”) “if the criteria are chosen to increase participation by specific racial or sex-based groups.” The DOJ emphasizes that the guidance does not represent “mandatory requirements but rather practical recommendations to minimize the risk of violations.” It concludes by “urging” federal funding recipients to review their programs and practices to ensure compliance with federal law. Note: EducationCounsel will soon publish a “Deep Dive” on the non-binding guidance.

Trump Administration releases nearly $7 billion in withheld federal education funds: On July 25, the USED announced it would no longer continue withholding about $5.5 billion in Fiscal Year 2025 federal education funding that was originally due to be dispersed on July 1 for use in the 2025-26 school year. The announcement follows an initial release on July 18 that was limited to the $1.3 billion in frozen Title IV-B funds for out-of-school-time programming. Click here for the Department’s message to Title IV-B grantees, here for the new message regarding the remaining ESSA funds, and here for a parallel message to the adult education grantees.

President Trump signs rescissions package of $9 billion in appropriated funds: On July 24, President Trump signed into law H.R. 4, the Rescissions Act of 2025, which rescinded nearly $9 billion in funds that Congress had previously appropriated in the Fiscal Year 2025 budget. The package codifies the “Department of Government Efficiency,” previous efforts to primarily reduce foreign assistance spending, as well as rescinds $1.07 billion for the Corporation for Public Broadcasting (CPB), which provides grants to the Public Broadcasting Service (PBS) and National Public Radio (NPR). The bill passed in the House on July 18 by a vote of 216-213 and in the Senate on July 17 by a vote of 51-48.

Columbia University agrees to settlement with Trump Administration: On July 23, the Trump Administration announced it had entered into a three-year settlement with Columbia University to resolve a number of federal inquiries and funding freezes, mostly stemming from the Administration’s allegations regarding Columbia’s responses to antisemitism. The following are some of the many provisions included in the 22-page agreement: First, Columbia will pay a $200 million fine to the government over three years and, to resolve an EEOC investigation, another $21 million to Jewish employees. For its part, the Administration will restore Columbia’s access to billions in federal research funding. Regarding its response to antisemitism, several provisions codify a series of commitments Columbia agreed to in March, including changes to its policies governing protests, student discipline, and campus safety, as well as initiating a review of the university’s regional studies programs that focus on the Middle East and Israel. Additionally, regarding “DEI,” Columbia will not “maintain programs that promote unlawful efforts to achieve race-based outcomes, quotas, diversity targets, or similar efforts.” The university agreed to “maintain merit-based admissions policies” and publicly report the “composition of the [first-year] class broken down by race, color, national origin, grade point average, and performance on standardized tests.” The agreement includes similar commitments regarding hiring and promotion. The agreement also included changes regarding international students: Columbia will ask prospective students “questions designed to elicit their reasons for wishing to study in the United States,” make sure all students are committed to “civil discourse,” and share information with the federal government about suspensions, expulsions, and arrests of student visa-holders.

Both parties agreed to an independent monitor, Bart Schwartz, who will report on implementation and progress every six months. The agreement states that the federal government will not have the “authority to dictate faculty hiring, University hiring, admissions decisions, or the content of academic speech.” Notably, the agreement does not include an admission by Columbia of any wrongdoing. Finally, the government can still initiate new investigations under Title VI or other federal laws. In a statement following the announcement, Secretary McMahon characterized the agreement as a “roadmap for elite universities that wish to regain the confidence of the American public by renewing their commitment to truth-seeking, merit, and civil debate.”

Trump Administration makes multiple announcements related to Artificial Intelligence (AI): The Administration recently made several announcements related to AI and education. First, on July 22, the USED announced both a new secretarial priority for competitive grants and new guidance to the field. These actions follow the April 23 EO, “Advancing Artificial Intelligence Education for American Youth,” which called for “promoting the appropriate integration of AI into education.”

  • Secretary McMahon added “Advancing Artificial Intelligence in Education” to her original list of three secretarial priorities. The new priority calls for integrating AI into teaching—including for personalization and differentiated instruction, expanding AI and computer science education, and supporting professional development for teachers on using AI in the classroom. The proposed priority also encourages schools and districts to adopt AI to “enhance classroom efficiency, reduce administrative burdens, and improve teacher training and evaluation.” The notice included several proposed definitions for AI literacy and computer science. The public comment period for this new competitive grant priority ends on August 21.
  • USED also issued a Dear Colleague Letter to grantees and future grantees highlighting the allowable uses of existing federal education formula and discretionary grant funds to support AI in education. These include, among other things, using federal funds for instructional materials, high-impact tutoring, and college and career pathway “exploration and navigation” that incorporate AI.

Second, on July 23, the Administration released “Winning the AI Race: America’s AI Action Plan.” The plan, which was called for in the January 23 EO, “Removing Barriers to American Leadership in AI,” identifies more than 90 federal policy recommendations and actions across three “pillars:” Accelerating Innovation, Building American AI Infrastructure, and Leading in International Diplomacy and Security. The following recommendations and expected actions are most relevant to education:

  • Prioritize AI skill development as a “core objective” of relevant education and workforce funding streams at USED, DOL, and other agencies.
  • Ensure USED, DOL, and other agencies partner with state and local governments and workforce systems to support the creation of industry-driven training programs, apprenticeships, and early career programs that prioritize AI infrastructure occupations.
  • Require USED to develop guidance to state and local career and technical education systems to ensure AI infrastructure occupations are prioritized.

U.S. Department of Education (USED):

USED issues Dear Colleague Letter encouraging states to seek waivers: On July 29, the USED issued a Dear Colleague Letter (DCL) to chief state school officers inviting SEAs, LEAs, schools, and tribal leaders “to seek creative and effective waivers for improving student academic achievement and maximizing the impact of Federal funds.” In the DCL’s introduction, USED names the Trump Administration’s goal of “returning education to the states” and increased parental choice as background for the use of waivers. The DCL summarizes the existing waiver authority established in Title VIII of the Elementary and Secondary Education Act (ESEA) that allows for waivers along with the process by which states can obtain a waiver, including allowing for public comment and the elements required in a proposed plan. The USED also describes the Department’s review process, including a 120-day review period, as well as the limitations of the waiver authority granted in ESEA. In addition to encouraging the submission of waivers, the DCL explains existing flexibilities in ESEA that do not require waivers, but can allow education agencies to, among other things, implement an innovative assessment system, support school improvement activities, and transfer funds to other eligible programs. Multiple reports indicate that at least three states, Indiana, Iowa, and Oklahoma, have submitted requests seeking broad waivers of various ESSA requirements.

USED announces steps to implement higher ed provisions in One Big Beautiful Bill Act (OBBBA): On July 18, USED’s Office of Federal Student Aid (FSA) issued a Dear Colleague Letter with information on the immediate implementation of higher education provisions in the OBBBA. The letter outlines changes effective immediately across provisions in Income-Based Repayment (IBR), Parent PLUS Loans, Public Service Loan Forgiveness (PSLF), and loan limits for part-time students. The letter also notes the delay in implementation of the Borrower Defense to Repayment and Closed School Loan Discharge regulations, both of which the OBBBA delayed until July 1, 2035.

Additionally, on July 24, the USED announced two negotiated rulemaking sessions to address changes to student loans and workforce Pell in OBBBA. The Reimagining and Improving Student Education (RISE) Committee will address federal student loan-related changes with sessions in September and November, and the Accountability in Higher Education and Access through Demand-driven Workforce Pell (AHEAD) Committee will address Workforce Pell and institutional and programmatic accountability beginning in December.

USED approves Missouri innovative assessment program: On July 31, the USED approved the Missouri Department of Elementary and Secondary Education (MDESE) request to pilot an innovative statewide assessment program that will be focused on improving the existing statewide assessments in reading, language arts, and mathematics. MDESE made the request through the Innovative Assessment Demonstration Authority (IADA) program and the pilot will begin in the 2025-2026 school year. The announcement described how the Missouri’s Success-Ready Student Assessment system “supports personalized learning by offering smaller, modular assessments at different points during the school year” and “aims to enhance the flexibility and instructional value of assessments.”

USED initiates investigation into Duke University and Duke Law Journal: On July 28, USED’s Office for Civil Rights (OCR) announced an investigation into Duke University and the Duke Law Journal regarding allegations of violating Title VI of the Civil Rights Act of 1964 (Title VI). The allegations claim that Duke “discriminates on the basis of race, color, and/or national origin by using these factors to select law journal members.” USED Secretary Linda McMahon and Department of Health and Human Services (HHS) Secretary Robert F. Kennedy sent a joint letter to Duke’s leadership expressing concern about “the use of race preferences” in the university’s hiring, admissions, and scholarship decisions, requesting a review of such policies and practices. The letter also requested that Duke create a “Merit and Civil Rights Committee” to “move quickly” to find a resolution on Duke’s alleged civil rights violations.

Penny Schwinn withdraws from consideration for USED Deputy Secretary; USED Secretary McMahon appoints Schwinn as Senior Advisor and Chief Strategist: On July 31, Dr. Penny Schwinn withdrew her nomination to serve as Deputy Secretary of Education, after which USED Secretary McMahon announced that Dr. Schwinn will serve as Senior Advisor and Chief Strategist to the USED, roles that do not require Senate confirmation. The withdrawal follows reporting that Dr. Schwinn may not have received the necessary votes to be confirmed in the Senate due to concerns that she was not aligned sufficiently with President Trump. Secretary McMahon expressed support for Dr. Schwinn’s new appointment, calling her “a brilliant education mind.”

USED opens investigations into five universities for allegations of scholarships that benefit undocumented students: On July 23, the USED announced investigations into five universities regarding allegations of scholarships for Deferred Action for Childhood Arrivals (DACA) or undocumented students, which it states would violate Title VI. The allegations were brought by the Legal Insurrection Foundation’s Equal Protection Project against University of Louisville, the University of Nebraska Omaha, the University of Miami, the University of Michigan, and Western Michigan University. The investigations also will examine additional scholarships that appear to exclude students based on other aspects of Title VI, including race and color.

National Assessment Governing Board holds quarterly meeting: On July 31 and August 1, the National Assessment Governing Board (NAGB) held its quarterly meeting, during which the Board discussed key updates related to the future of the National Assessment of Educational Progress (NAEP) and national education data efforts. Chair Beverly Perdue, in her final meeting after eight years of service, delivered farewell remarks. The Board nominated Dr. Marty West to serve as Vice Chair for the 2025–26 term.

Executive Director Lesley Muldoon reported that the 2026 NAEP remains on schedule and highlighted continued collaboration with all 50 states on state report cards. She also announced the upcoming release of 8th Grade Science results and embargoed 12th Grade Reading and Math report cards. Muldoon noted that discussions around artificial intelligence (AI) in assessments have resumed, with a follow-up session planned in closed session. She also shared that the Board plans to request that Congress move the 2028 NAEP assessment to 2029 in order to return to odd-year testing cycles.

Acting Commissioner of the National Center for Education Statistics (NCES) Dr. Matthew Soldner provided updates on core data collections and key studies, including PISA 2025, NPSAS, and the National Teacher and Principal Survey. He confirmed that public-use data remains accessible while NCES has temporarily paused new applications for restricted-use licenses. Dr. Soldner also discussed ongoing efforts to evaluate the balance between administrative data and survey-based research, reaffirming NCES’s commitment to rigor, accuracy, and the timely release of education data products.

USED Secretary McMahon tours Howard University: On July 22, USED Secretary Linda McMahon toured Howard University and discussed with Howard President Ben Vinson the Trump Administration’s support of Historically Black Colleges and Universities (HBCUs). The press release noted that the visit followed President Trump’s Executive Order to Promote Excellence and Innovation at Historically Black Colleges and Universities, and Secretary McMahon called attention to the innovation hub that Howard is building on its campus. Secretary McMahon added, “President Trump is committed to supporting America’s HBCUs, and as the flagship HBCU, Howard is an example of how institutions serve as engines of opportunity for local employers and industries across the country.”

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

Administration for Children and Families (ACF) announces new supplemental funding for Head Start to support nutrition services: On July 29, the ACF announced one-time supplemental funding to support nutrition services for children and families enrolled in Head Start programs. The announcement notes that the investments in “nutrition education and healthy eating habits” align with the Trump Administration’s agenda. Specifically, the funding will support nutrition services in four areas: upgrades and modernization of food services, improvements to equipment and supplies, developing nutrition programming and hosting workshops for families, and non-recurring personnel costs to consult with specialized staff. The amount available for the supplemental funding has not yet been announced; Program Instruction can be found here.

Administration shares plan to revise 2024 Child Care and Development Fund Rule: On July 22, during the annual meeting of State and Tribal Administrators for the Child Care and Development Fund (CCDF), Deputy Assistant Secretary for Early Childhood Development at HHS’s Administration for Children and Families, Dr. Laurie Todd-Smith, shared that the Office of Child Care (OCC) plans to propose a new CCDF rule for public comment later this year. She noted that the Administration intends to focus on increasing states’ flexibility with the child care subsidy program and stated that she has heard about challenges experienced by states as they implement changes called for in the existing CCDF rule, which was promulgated in 2024. That rule-making process sought to rein in child care costs for eligible families and stabilize operations for child care providers through improved payment practices, among other improvements. Dr. Todd-Smith also indicated in her comments that states may choose to avoid further spending on implementing the 2024 CCDF rule pending the Administration’s future rule making. At the same time, however, nothing in the governing statute, the Child Care and Development Block Grant (CCDBG) Act, prohibits states from continuing to take action to reduce costs and improve payment policies. For more on the 2024 CCDF rule’s major provisions and the potential implications of a revision by the Trump Administration, see this EducationCounsel memo.

Congress:

Senate HELP Chair Cassidy and Senator Warren lead bipartisan, bicameral reintroduction of College Transparency Act (CTA): On July 29, Senate HELP Chair Bill Cassidy (R-LA) and Senator Elizabeth Warren (D-MA) reintroduced the College Transparency Act, which aims to ensure that students and families have better information as they consider higher education opportunities. Representatives Mike Kelly (R-PA) and Raja Krishnamoorthi (D-IL) introduced companion legislation in the House. Specifically, the bill requires accurate reporting on student outcomes such as enrollment, completion, and post-college earnings across colleges and majors. The press release also notes that the bill is designed to support better student outcomes “by aiding institutions of learning and policymakers in their work to improve our country’s post-secondary education system and assist businesses and other employers in finding potential employees best suited for a particular field.”

Senate:

Senate Appropriations Committee approves the Fiscal Year (FY) 2026 Senate Labor, Health and Human Services, Education, and Related Agencies (Labor/HHS) Appropriations bill: On July 31, the Senate Appropriations Committee approved, by a bipartisan vote of 26 to 3, the FY2026 Senate Labor/HHS Appropriations bill and report, which includes funding for the USED and HHS. Senators Bill Hagerty (R-TN), Chris Van Hollen (D-MD), and Chris Murphy (D-CT) voted no. The FY2026 Senate Labor/HHS Appropriations bill proposes $79 billion for the USED, which is the same as the FY2025 level. Below are highlights of funding levels included in the FY2026 Senate Labor-HHS Appropriations bill for key education and early learning programs:

  • Early Childhood Education:

    • Child Care and Development Block Grant (CCDBG) - $8.8 billion, which is an $85 billion increase above the FY2025 level.

    • Head Start - $12.4 billion, which is an $85 million increase above the FY2025 level.

    • Preschool Development Grant Birth through Five (PDG B-5) program - $315 million, which is the same as the FY2025 level.

  • K-12 Education:

    • Title I - $18.5 billion, which is a $50 million increase above the FY2025 level. The FY2026 Senate Labor/HHS bill also rejects the Administration’s Budget Request proposal to create a K-12 Simplified Funding Program, which would have consolidated 18 Every Student Succeeds Act (ESSA) programs.

    • Special Education Grants to States (IDEA Part B) - $14.3 billion, which is a $50 million increase above the FY2024 level.

  • Student Financial Assistance:

    • Pell Grants - Maintains the maximum Pell Grant level at the FY2025 level of $7,395.

    • Federal Work-Study - $1.2 billion, which is the same as the FY2024 level.

    • Supplemental Educational Opportunity Grant - $910 million, which is the same as the FY2024 level.

  • Other Education Programs:

    • Institute for Education Sciences - $793 million, which is the same as the FY2025 level.

    • Office for Civil Rights - $140 million, which is the same as the FY2025 level.

For comparison purposes, some of the above levels are compared to the FY2025 Continuing Resolution, while others are compared to the FY2024 level, given that the USED has not published final FY2025 spending plans for some programs.

During the markup, an amendment offered by Senator Chris Murphy (D-CT) was rejected on a party line vote, which would have required USED’s Office for Civil Rights (OCR) to certify with the Office of the Inspector General that all actions taken against institutions of higher education are in compliance with statute. A summary of the bill is here.

Senate Health, Education, Labor, and Pensions (HELP) Committee advances USED and HHS nominees: On July 24, the Senate HELP Committee advanced by a party line vote of 12-11 several Trump Administration nominees for USED and HHS, including Brian Christine to serve as Assistant Secretary for Health at HHS and Mary Christina Riley to serve as Assistant Secretary for Legislative and Congressional Affairs at USED. Committee Chair Bill Cassidy (R-LA) expressed his support for the nominees, stating, “As Chairman of the HELP Committee, I am committed to getting President Trump’s team in place as quickly as possible.” The nominees now move to the full Senate for a final vote.

Senate Committee advances nominee for Assistant Secretary for Family Support: On July 31, the Senate Finance Committee held an executive session to consider the nomination of Alex Adams to be Assistant Health and Human Services (HHS) Secretary for Family Support, among other nominations. Adams has previously served as the Director of the Idaho Department of Health and Welfare and, in this new role, will oversee programs under the Administration for Children and Families at HHS, including Head Start and child care grants. The committee favorably reported his nomination to the full Senate on a 14-13 party-line vote.

Senate confirms Nicholas Kent as Under Secretary of Education: On August 1, the Senate voted 50-45 to confirm Nicholas Kent for Under Secretary of Education. Senate Majority Leader John Thune (R-SD) filed a cloture motion on Kent’s nomination on July 29, which the Senate then voted 52-45 on July 31 to invoke cloture and end debate on the nomination. Kent formerly served as the Virginia deputy secretary of education and was a former lobbyist for for-profit colleges and trade schools. In May, the Senate Health, Education, Labor and Pensions Committee reported his nomination to the full Senate on a 12-11 party-line vote.

Senate HELP Committee holds hearing on “Choice and Literacy”: On July 23, the Senate Health, Education, Labor, and Pensions (HELP) Subcommittee on Education & the American Family held a hearing titled, “Choice and Literacy: Empowering Families for Better Educational Results.” The hearing heard from four witnesses: Tyler Barnett, the CEO of New Schools for Alabama, a charter management organization; Anne Wicks, Director for Opportunity and Democracy at the George W. Bush Institute; Ginny Gentles, Director of Education Freedom and Parental Rights at the Defense of Freedom Institute; and Richard Barrera, Vice President of the San Diego Unified School District Board of Education. The hearing covered a range of issues including school choice and the new federal tax credit for private school vouchers, literacy and the “science of reading,” the effectiveness of teacher education programs and professional development, the Trump Administration’s efforts to dismantle the Department of Education, and the withholding of some federal education funds by the administration.

Subcommittee Chair Tommy Tuberville (R-AL), in his opening remarks, spoke in strong support of school choice and highlighted legislation passed in Alabama, the Choose Act, to create an income tax credit to support private school or homeschool expenses. During witness questioning, Subcommittee Chair Tuberville also shared his support for teaching the science of reading, and claimed that “only 25% of educator prep programs are currently teaching the science of reading to their aspiring teachers. And even worse, about 40% of them are teaching the wrong stuff.”

Subcommittee Ranking Member Lisa Blunt Rochester (D-DE), in her remarks, focused on investing in public schools and in opposition to “Republican effort to privatize K-12 education through school vouchers” and was critical of proposals to block grant or withhold federal funds. She argued that Republicans are “subsidiz[ing] private education at the expense of the 90% of American students [who attend public schools].” She continued, “Some call this ‘school choice.’ But let’s call it what it is, private school vouchers are really the school’s choice - [they] can select their student body based on the criteria they want.”

In witness testimony and questioning, Mr. Barnett noted that since 2018, Alabama has grown from “one charter school serving 250 students to 17 schools serving over 8,000 students” and said that 70 percent of those students were eligible for free or reduced lunch, and 80 percent were students of color. He credited support from the federal Charter Schools Program for this growth and urged Congress to provide more funding for the program. Ms. Wicks, from the Bush Institute, spoke mostly about literacy and the “uneven” literacy instruction across the country. She noted that 40 states and DC now have “some kind of reading law on the books designed to improve instruction and student outcomes.” Wicks argued in support of two federal roles in education - assessment and accountability, and federal research in education - both of which have been targeted by the Trump Administration. She added, “We know about the science of reading, thanks in part to research funded by the federal government.”

Ms. Gentles, a frequent Republican witness before Congress, spoke in support of “reduc[ing] the Department [of Education’s] dominant role and moving power over education back to states.” Finally, Mr. Barrera, a school board member from San Diego, argued for more federal support for education, stating that, “Research consistently shows that when more money is spent on education, especially for students from low-income families, achievement and graduation rates improve, along with life outcomes such as employment and wages.” He also highlighted the range of “school choice” options in San Diego and claimed, “The idea that public schools are afraid of competition is false. In San Diego, we have a robust choice system that allows students to find an academic program that fits their individual needs.”

Republican senators largely spoke in support of school choice and the new federal tax credit for private education, and in favor of efforts to teach the science of reading. Democratic senators were critical of the Trump Administration’s work to dramatically reduce the federal role in education, the proposed cuts to education programs, the recent withholding of billions in Congressionally-approved funding for schools.

Senate HELP Committee Ranking Member Sanders holds town hall on teacher pay; introduces legislation to increase annual teacher salaries to at least $60,000: On July 24, Senate HELP Committee Ranking Member Bernie Sanders (I-VT) held a town hall with teachers and educational leaders to discuss the teacher pay crisis. Ranking Member Sanders was joined at the town hall by Sen. Ed Markey (D-MA), American Federation for Teachers President Randi Weingarten, and National Education Association Vice President Princess Moss, as well as more than 100 teachers. Ranking Member Sanders raised high teaching vacancy and turnover rates, emphasizing, “Wages for public school teachers are so low that in 36 states, the average public school teacher with a family of four qualifies for food stamps, public housing and other government assistance programs.” During the town hall, Ranking Member Sanders introduced the Pay Teachers Act, which would raise annual teacher salaries to at least $60,000. The bill would also significantly increase federal education funding, tripling Title I-A funding, as well as the Rural Education programs. A summary of the bill is here.

House:

House Ed and Workforce and House Commerce Committees advances legislation supporting student athletes: On July 23, both the House Education and Workforce Committee and the House Energy and Commerce Committee held markups and advanced H.R. 4312, the Student Compensation and Opportunity through Rights and Endorsements (SCORE) Act. The SCORE Act is designed to protect the name, image, and likeness rights of student athletes and to promote fair competition with respect to intercollegiate athletics, and for other purposes. The bill advanced out of the Education and Workforce Committee by a vote of 18-17, and out of the Energy and Commerce Committee by a vote of 30-23. House Education and the Workforce Committee Chair Tim Walberg issued a statement on the bill’s passage, calling the legislation “bipartisan” and expressing that it gave student athletes “the chance to compete in a sport they love while maintaining a strong emphasis on academics…creat[ing] a robust framework to protect those opportunities.”

U.S. Courts:

USED seeks to move forward with Office for Civil Rights (OCR) Reduction in Force (RIF): On July 21, USED asked a federal court to lift a preliminary injunction against the dissolution of 7 of 12 OCR regional offices. This OCR-specific lawsuit was brought by the Victim Rights Law Center, students, and parents on the grounds that a “hollowed out” OCR could not perform its statutorily mandated functions to enforce the civil rights of students across the country. In its new motion to vacate the preliminary injunction, the government asserted the OCR RIF is effectively a “subset” of the larger RIF that the Supreme Court recently allowed to proceed while the underlying lawsuits challenging the legality of the RIFs advance toward final resolutions.

Lawsuits challenge exclusion of undocumented children and students from additional public benefits; immigration and citizenship status checks temporarily paused for children in Head Start: At least two lawsuits have been filed to challenge the Administration’s recent multi-agency policy initiative to exclude from a number of public benefits all undocumented individuals as well as those in the country under temporary protected status or who are part of DACA. First, the plaintiffs in an existing lawsuit challenging a number of actions affecting the Head Start program amended their complaint to include the new HHS reinterpretation of Head Start eligibility. Second, a coalition of 21 states filed a lawsuit challenging the policy changes announced by USED, DOL, HHS, and DOJ. On July 25, those states and the federal government agreed to pause enforcement of the agencies’ reinterpretations only in the plaintiff states until September 3, 2025, so the court can consider the legal challenge.

Upcoming Events (Outside Organizations):

  • On August 5 at 1:30 p.m., SchoolHouse Connection and the National Network for Youth will host a webinar titled, “Federal Policy Update on Child and Youth Homelessness.” The webinar will feature information on critical federal developments impacting children and youth experiencing homelessness, including an outlook on FY2026 federal funding, an overview of recent administrative actions, and a breakdown of the most consequential provisions of the recently-enacted budget reconciliation bill. Speakers include: Barbara Duffield, Executive Director of SchoolHouse Connection; TJ Lucas, Senior Manager of Federal Policy at SchoolHouse Connection; and Trinady Maddock, Senior Policy Associate at the National Network for Youth. More information and registration are here.
  • On August 21 at 3:00 p.m., the American Enterprise Institute, Attendance Works, and EdTrust will co-host a webinar titled, “The Power of Presence: Sustaining Progress in Reducing Chronic Absenteeism.” The event aims to review the progress made on school attendance since the pandemic, discuss how states can address this lingering challenge through a collaborative, data-informed approach, and renew the call to cut chronic absenteeism by 50 percent over five years. Speakers include: Nat Malkus, Deputy Director of Education Policy Studies at AEI; Hedy Chang, Founder of Attendance Works; Stephen D. Dackin, Director of the Ohio Department of Education and Workforce; Emily Anne Gullickson, Superintendent of Public Instruction at the Virginia Department of Education; and Charlene M. Russell-Tucker, Commissioner of the Connecticut State Department of Education. More information and registration are here.

Publications (Congress & Administration):

  • On July 21, the Congressional Budget Office released information titled, “Estimated Budgetary Effects of Public Law 119-21, to Provide for Reconciliation Pursuant to Title II of H. Con. Res. 14, Relative to the Budget Enforcement Baseline for Consideration in the Senate.” It finds that the Republicans repealing and replacement of President Biden’s student loan repayment program known as SAVE, will decrease spending by over $270 billion over the next decade.
  • On July 23, the Government Accountability Office released a report titled, “Application of Impoundment Control Act to Availability of Head Start Program Funds.”  The report found that the Department of Health and Human Services (HHS) significantly reduced the rate of disbursement of funds to the Head Start Grant programs between January 20 and April 15. These funds had previously been appropriated but during this time HSS only distributed about 65% of funding compared to the same time the previous year.

Publications (Outside Organizations):

  • On July 1, AI for Education released a resource titled, “State AI Guidance for K12 Schools.” The resource provides an overview of official guidance or policy on the use of AI in K12 schools that has been made in 26 states and Puerto Rico.
  • On July 18, JAMA Network published a study by RAND Corporation researchers titled, “Screening for Mental Health Problems in US Public Schools.” The study estimated the frequency of and response to school screening and perceptions of school leaders on the ease of connecting youth with mental health care. Among the findings the study found that 40.9% of principals reported ensuring student receipt of appropriate care was very hard or somewhat hard and that 30.5% reported their district mandated schools to screen students for mental health problems.
  • On July 22, the AASA released survey results titled “AASA Survey: The Impact of the FY25 Funding Freeze on Students Across America.” The survey looked into the impact of the FY25 federal funding freeze of Congressionally-approved funds meant to be distributed to school districts across the country. Some findings include that 87% of respondents said they have existing contracts paid with federal funds currently being withheld causing them to need to cover costs with local dollars that 23% of respondents are now made to make tough choices about reallocating funding, and that 29% of districts need access to these funds by August 1 in order to avoid cutting critical programs and services.
  • On July 29, the National College Attainment Network published an analysis of survey results titled, “Survey Data Considers Why Students Don’t Complete FAFSA.” The Student Financial Wellness Survey, conducted by Trellis Strategies, found the relationship between students’ financial realities and how it impacts their post secondary success. About half the respondents who did not complete the FAFSA did so because they thought they would not be eligible for aid. The analysis argues that 40-50% of lower-income respondents not completing the FAFSA because they did not think they would be eligible for financial aid shows signs of being uninformed about the need-based aid that can be provided through the form.
  • In July, Bellwether published the first in a series of reports titled, “The Pandemic Learning Project Lessons From Learning Loss Interventions and What Leaders Should Do Next.” The report highlights the effective learning recovery efforts from Illinois, Tennessee, and Alabama in the wake of the pandemic. Specifically, it highlights Illinois’ state-led high impact tutoring program, Tennessee’s statewide learning loss remediation summer programming, and Alabama’s use of optional intensive instruction during school breaks.

Legislation:

Introduced in the House of Representatives:

H.R. 4554

A bill to amend title VII of the Civil Rights Act of 1964 to prohibit discrimination against employees on the basis of expression that describes, asserts, or reinforces the binary or biological nature of sex.
Sponsor: Rep. Gregory Steube (R-FL)

H.R. 4555

A bill to amend the Higher Education Act of 1965 to rename master promissory notes for loans made under part D of title IV of such Act to student loan contracts.
Sponsor: Rep. Lauren Underwood (D-IL)

H.R. 4588

A bill to authorize funding to expand and support enrollment at institutions of higher education that sponsor construction and manufacturing-oriented registered apprenticeship programs, and for other purposes.
Sponsor: Rep. Angie Craig (D-MN)

H.R. 4641

A bill to amend titles XIX and XXI of the Social Security Act to provide for continuous eligibility for certain children under the Medicaid program and the Children's Health Insurance Program.
Sponsor: Rep. Kathy Castor (D-FL)

H.R. 4658

A bill to amend chapter 1511 of title 36, United States Code, to impose certain requirements on the National Education Association, and for other purposes.
Sponsor: Rep. Scott Fitzgerald (R-WI)

H.R. 4685

A bill to pause development of the new Sentinel program, extend the life of the Minuteman III, and redirect savings from Sentinel toward the Department of Education, and for other purposes.
Sponsor: Rep. Ro Khanna (D-CA)

H.R. 4693

A bill to establish collective bargaining rights for college athletes, and for other purposes.
Sponsor: Rep. Summer Lee (D-PA)

H.R. 4701

A bill to direct the Secretary of Education to reissue the solicitation and award the contract relating to the Charting My Path for Future Success project.
Sponsor: Rep. Lucy McBath (D-GA)

H.R. 4713

A bill to direct the Secretary of Education to award grants to local educational agencies to enhance school and community safety, and for other purposes.
Sponsor: Rep. Zachary Nunn (R-IA)

H.R. 4727

A bill to codify Executive Order 14235 relating to restoring public service loan forgiveness.
Sponsor: Rep. Keith Self (R-TX)

H.R. 4728

A bill to codify Executive Order 14280 relating to reinstating commonsense school discipline policies.
Sponsor: Rep. Ketih Self (R-TX)

H.R. 4742

A bill to amend the Child Nutrition Act of 1966 to allow certain participants in the special supplemental nutrition program for women, infants, and children to elect to be issued a variety of types of milk, including whole milk, and for other purposes.
Sponsor: Rep. Glenn Thompson (R-PA)

H.R. 4767

A bill to encourage the growth of educational exchanges between international scholars and United States junior or community colleges and United States postsecondary vocational institutions, and for other purposes.
Sponsor: Rep. Johnny Olszewski (D-MD)

H.R. 4795

A bill to amend the Higher Education Act of 1965 to prohibit an institution that participates in a nonexpressive commercial boycott of Israel from being eligible for certain funds under that Act, to require an institution that participates in certain programs under that Act to certify that students are not unreasonably obstructed from participating in academic programs in Israel, and for other purposes.
Sponsor: Rep. Virginia Foxx (R-NC)

H.R. 4797

A bill to amend the Food and Nutrition Act of 2008 to remove certain eligibility disqualifications that restrict otherwise eligible students enrolled in institutions of higher education from participating in the supplemental nutrition assistance program, and for other purposes.
Sponsor: Rep. Jimmy Gomez (D-CA)

H.R. 4801

A bill to establish AI Innovation Labs that permit certain persons to experiment with artificial intelligence without expectation of enforcement actions.
Sponsor: Rep. French Hill (R-AR)

H.R. 4806

A bill to establish a postsecondary student data system.
Sponsor: Rep. Raja Krishnamoorthi (D-IL)

H.R. 4825

A bill to amend the Workforce Innovation and Opportunity Act to raise public awareness for skilled trade programs, and for other purposes.
Sponsor: Rep. Glenn Thompson (R-PA)

Introduced in the Senate:

S. 2407

A bill to direct the Secretary of Education to reissue the solicitation and award the contract relating to the Charting My Path for Future Success project.
Sponsor: Sen. Tim Kaine (D-VA)

S. 2422

A bill to pause development of the new Sentinel program, extend the life of the Minuteman III, and redirect savings from Sentinel toward the Department of Education, and for other purposes.
Sponsor: Sen. Ed Markey (D-MA)

S. 2428

A bill to amend chapter 1511 of title 36, United States Code, to impose certain requirements on the National Education Association, and for other purposes.
Sponsor: Sen. Cynthia Lummis (R-WY)

S. 2451

A bill to ensure that paraprofessionals and education support staff are paid a living wage.
Sponsor: Sen. Ed Markey (D-MA)

S. 2469

A bill to establish collective bargaining rights for college athletes, and for other purposes.
Sponsor: Sen. Chris Murphy (D-CT)

S. 2470

A bill to establish name, image, and likeness rights for college athletes at institutions of higher education, and for other purposes.
Sponsor: Sen. Chris Murphy (D-CT)

S. 2481

A bill to ensure that teachers are paid a livable and competitive salary throughout their career, and for other purposes.
Sponsor: Sen. Bernie Sanders (I-VT)

S. 2485

A bill to amend section 455(m) of the Higher Education Act of 1965 in order to allow adjunct faculty members to qualify for public service loan forgiveness.
Sponsor: Sen. Dick Durbin (D-IL)

S. 2496

A bill to amend titles XIX and XXI of the Social Security Act to provide for continuous eligibility for certain children under the Medicaid program and the Children's Health Insurance Program.
Sponsor: Sen. Michael Bennet (D-CO)

S. 2509

A bill to ensure that parents are aware of foreign influence in their child's public school, and for other purposes.
Sponsor: Sen. Ted Cruz (R-TX)

S. 2511

A bill to establish a postsecondary student data system.
Sponsor: Sen. Bill Cassidy (R-LA)

S. 5212

A bill to amend the Food and Nutrition Act of 2008 to remove certain eligibility disqualifications that restrict otherwise eligible students from participating in the supplemental nutrition assistance program, and for other purposes.
Sponsor: Sen. Kristin Gillibrand (D-NY)

S. 2516

A bill to prohibit the National Education Association from engaging in lobbying activities.
Sponsor: Sen. Marsha Blackburn (R-TN)

S. 2528

A bill to establish AI Innovation Labs that permit certain persons to experiment with artificial intelligence without expectation of enforcement actions.
Sponsor: Sen. Mike Rounds (R-IN)

S. 2555

A bill to improve student and exchange visitor visa programs.
Sponsor: Sen. Tommy Tuberville (R-AL)

S. 2559

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: Sen. Andy Kim (D-NJ)

S. 2567

A bill to terminate the exemption from numerical limitations for H-1B nonimmigrants employed by institutions of higher education.
Sponsor: Sen. Tom Cotton (R-AR)

S. 2587

An original bill making appropriations for the Departments of Labor, Health and Human Services, and Education, and related agencies for the fiscal year ending September 30, 2026, and for other purposes.
Sponsor: Sen. Shelley Moore Capito (R-WV)

S. 2615

A bill to require the Director of the National Institute of Standards and Technology to develop voluntary guidelines and specifications for internal and external assurances of artificial intelligence systems, and for other purposes.
Sponsor: Sen. John Hickenlooper (D-CO)