The information covered below is from December 6, 2024, through December 19, 2024. The next E-Update will be published the week of January 13, 2025.

Highlights:

• Current funding for the federal government is set to expire on December 20. House Republican leadership is continuing to consider next steps following the House failing to advance earlier proposals that would have extended federal funding through March 14, 2025.
• On December 11, President Joe Biden signed H.R. 8932, the “FAFSA Deadline Act,” enacting a statutory deadline for release of the FAFSA of October 1 each year.
• On December 12, Representative Tim Walberg (R-MI) was named the next Chairman of the House Education and the Workforce Committee for the 119th Congress by the House Republican Steering Committee.
• On December 6, the United States District Court for the District of Maryland ruled that the United States Naval Academy can continue using race in its admissions practices.

Administration:

White House:

President Biden signs legislation requiring that the Free Application for Federal Student Aid (FAFSA) become available by October 1: On December 11, President Joe Biden signed H.R. 8932, the “FAFSA Deadline Act,” enacting a statutory deadline for release of the FAFSA of October 1 each year. The legislation previously passed the House on November 15 by a vote of 381 to 1, and in the Senate, on November 21, by unanimous consent. H.R. 8932 follows challenges the Department faced in releasing the FAFSA during recent award cycles, particularly as the U.S. Department of Education (USED) implemented changes required by the FAFSA Simplification Act. A fact sheet on the bill, released by House Education and the Workforce Committee, notes that by establishing in legislation a deadline of October 1 and ending rollout “flexibilities” in the current statute, the bill will end any confusion caused by delays in releasing the FAFSA form.

White House hosts roundtable on chronic absenteeism: On December 18, the White House and the USED co-hosted a roundtable with philanthropic and community leaders to discuss actions researchers, private sector, and non-profit leaders are taking to support states, districts, and community-based organizations in making progress on increasing everyday school attendance. White House Domestic Policy Advisor Neera Tanden and Deputy Secretary Cindy Marten participated in the roundtable. Additionally, the USED released a new resource that highlights model state attendance data systems and how those data systems were designed and implemented to increase student attendance, including actionable recommendations for state and local leaders. Several entities made announcements in conjunction with the event, including the National Partnership for Student Success (NPSS) which announced an additional 23 Community Collaboration Challenge mini-grant awards in 2025 totaling $163,000 to support communities with expanding or piloting evidence-based student supports. The Kresge Foundation also published a resource emphasizing place-based approaches to address chronic absenteeism, while a collaboration of postsecondary institutions – which included University of Texas at Austin and the University of Pennsylvania, among others - released a resource that is designed to serve as a starting point for conversations addressing beyond-school barriers and encourage cross-agency efforts to combat chronic absenteeism.

White House hosts convening on Indian Education and releases 10-year national plan on native language revitalization: On December 10, the White House Initiative for Native Americans and Strengthening Tribal Colleges and Universities hosted a convening on Indian Education. Participants at the convening heard from panels on a variety of topics, including early childhood development education, the importance of indigenous K-12 educators, professional degree programs, and promoting Tribal Colleges and Universities. In conjunction with the event, the White House released a 10-Year National Plan on Native Language Revitalization, which calls for expanded access to immersion language environments, supporting community-led revitalization efforts, and developing and sustaining Native language support networks. Specifically, the plan calls for funding 100 new K-12 Native language immersion schools, recruiting and training 10,000 Native language teachers to meet the need for educators, and establishing a $100 million innovation fund to encourage tribes, individuals, and the private sector to develop new solutions for language revitalization through curriculum and technology.

President-Elect Trump remarks on potential for DACA recipients to stay in the country: On December 8, President-Elect Donald Trump was interviewed by Kristen Welker of NBC News, during which he expressed that he would work with Democrats to address the challenges that face young people brought to the U.S. as children who are undocumented, also known as “Dreamers.” When asked if Dreamers should “be able to stay,” President-Elect Trump responded, “I do. I want to be able to work something out.”

As background, “In June 2012, President Obama established the Deferred Action for Childhood Arrivals (DACA) policy by executive action. DACA allowed undocumented immigrants who arrived in the United States at a young age [or Dreamers] to become eligible for a work permit, Social Security card, driver’s license, and deferred deportation,” according to the American Council on Education (ACE). Additionally, according to ACE, “The Trump administration rescinded the policy in September 2017, but subsequent court decisions allowed the program to continue in some form. In 2022, the Biden administration published updated DACA regulations that seek to further strengthen the existing DACA program. The DACA program is now barred from accepting new applications, but current DACA recipients can apply to renew their status.”

Regarding families who have mixed immigration status, President-elect Trump said during the interview, “I don’t want to be breaking up families, so the only way you don’t break up the family is you keep them together and you have to send them all back,” adding, “look, we have to have rules and regulations…we have to do our job. And you have to have a series of standards and a series of laws.”

U.S. Department of Education (USED):

USED reopens additional income-driven repayment plans for federal student loans: On December 18, the USED reopened two income-driven repayment (IDR) student loan repayment plans to give borrowers more options to keep their payments low. Enrollment in the two IDR plans - Pay As You Earn (PAYE) Repayment and Income-Contingent Repayment (ICR) - were closed by the Department in 2023 as the Biden Administration launched its Saving on a Valuable Education (SAVE) Plan, which offered similar benefits. The USED noted in reopening the plans that litigation over the SAVE Plan has continued, and the PAYE and ICR plans “set monthly payments based on borrowers’ earnings and family size and have allowed borrowers to earn forgiveness after extended periods of payments.” USED Under Secretary James Kvaal stated, “The Department continues to defend in court the authority to cut payments for borrowers with high debts and low incomes through the SAVE Plan. In the meantime, we are making more options available to low-income borrowers, teachers, servicemembers, and other public servants so they can make the best choices for their financial situation.”

USED hosts convening on pathways to multilingualism: On December 19, the USED hosted a convening titled, “Creating Pathways for Multilingualism for All.” States leaders at the convening showcased high-quality dual language immersion programs in five states - California, New York, Texas, Utah, and North Carolina. In conjunction with the event, the Department released four Dual Language Immersion Playbooks outlining best practices to design and implement dual language immersion programs, and the Department issued a call to action to governors to develop programs for their states.

Congress:

Congressional Budget Office includes education programs in report on reducing the federal deficit: On December 12, the Congressional Budget Office (CBO) published a report titled, “Options for Reducing the Deficit: 2025 to 2034,” which describes both mandatory and discretionary federal spending options as well as revenue changes to reduce the deficit. The report is released periodically, and the latest version includes 76 options for altering spending or revenues to reduce federal budget deficits over the next decade. Among the options, the CBO includes as a broad recommendation to “Reduce Selected Nondefense Discretionary Spending.” Under this option, the “reduction would be achieved by decreasing by one-third funding for two of the largest areas of nondefense discretionary spending: grants to state and local governments for transportation programs and for education programs.” The report goes on to note that, “For education programs, grants that provide funding for the education of children from low-income households and of children with disabilities would be substantially affected by the cuts.”

Additionally, the report recommends an option to “Reduce Funding for Certain Grants to State and Local Governments,” which would reduce new funding for certain grants by 25% in 2026 and by 50% after 2026, including some USED grants. Specifically, the recommendation calls for reductions to, “Certain Department of Education grants, like those for the 21st Century Community Learning Centers, that fund nonacademic programs that address students’ physical, emotional, and social well-being.” In an option describing reductions in funding for certain grants to state and local governments, the report includes “certain Department of Education grants, like those for the 21st Century Community Learning Centers, that fund nonacademic programs that address students’ physical, emotional, and social well-being.” The CBO also includes options that would impact Pell Grant funding, including recommendations to eliminate the mandatory funding add-on to Pell Grants and restrict eligibility to students eligible for the maximum award. The report also recommends the elimination of federal funding for the Corporation for National and Community Service, which operates the AmeriCorps. On the revenue side, the report includes an option to “Eliminate Certain Tax Preferences for Education Expenses,” including two tax credits that directly support students pursuing higher education - the American Opportunity Tax Credit (AOTC) and the Lifetime Learning Tax Credit.

Senate Majority Whip Durbin urges the USED to include additional data on educator diversity in annual Civil Rights Data Collection (CRDC): On December 13, Senate Majority Whip Dick Durbin (D-IL) and Congressman Matthew Cartwright (D-PA) sent a letter to USED Secretary Miguel Cardona urging him to include additional data on the diversity of the educator workforce in the annual CRDC. The letter notes that educator diversity can positively impact student outcomes, “Yet, there is no permanent national mechanism to collect teacher and principal data at the school district-level.” Majority Whip Durbin states, “As the Department develops the 2025-26 CRDC survey, we urge you to consider the collection of… data from public schools, disaggregated by race/ethnicity and sex.”

Senate:

Senate passes bipartisan, bicameral legislation to address campus hazing: On December 11, the Senate passed by unanimous consent H.R. 5646, the “Stop Campus Hazing Act.” The bipartisan, bicameral legislation was led by Senate Health, Education, Labor, and Pensions (HELP) Ranking Member Bill Cassidy (R-LA) and Senator Amy Klobuchar (D-MN) in the Senate and Reps. Lucy McBath (D-GA) and Jeff Duncan (R-SC) in the House. H.R. 5646 outlines requirements for the reporting of hazing incidents by institutions of higher education. A fact sheet for the bill states that H.R. 5646 also creates a clear and consistent definition for hazing statistics across all postsecondary institutions and mandates the establishment of research-based campus hazing prevention programs. Following the bill’s passage in the Senate, Ranking Member Cassidy issued a statement that “Every student should feel safe on their college campus. By increasing transparency, the Stop Campus Hazing Act ensures that hazing is never ignored.”

House:

House passes three bipartisan bills aimed at improving education and protecting children and students: On December 17, the House passed three bipartisan bills aimed at improving education and protecting children and students. These bills include:

• S. 3448, the “Never Again Education Reauthorization Act of 2023,” passed by a vote of 402-12, and extends the United States Holocaust Museum’s mission to disseminate Holocaust education resources through Fiscal Year (FY) 2030. The legislation passed the Senate in July by unanimous consent.

• S. 1147, the “Jenna Quinn Law,” passed by voice vote, and aims to prevent child sexual abuse by allowing schools to utilize existing grants to educate teachers, staff, parents, and students to recognize and respond to abuse. The bill passed the Senate in February by unanimous consent.

• S. 5355, the “NACIE Improvement Act,” passed by voice vote, and requires at least one of the National Advisory Council on Indian Education’s (NACIE) members be the president of a Tribal College or University (TCU), which will give TCUs a seat at the table when discussing tribal education. The legislation passed the Senate earlier in December by unanimous consent.

Both House Education and the Workforce Chairwoman Virginia Foxx (R-NC) and Ranking Member Bobby Scott (D-VA) expressed support for the bills throughout their passage.

Congressman Tim Walberg to Chair the House Education and the Workforce Committee in the 119th Congress: On December 12, Representative Tim Walberg (R-MI) was named the next Chairman of the House Education and the Workforce Committee for the 119th Congress by the House Republican Steering Committee. Following the announcement, Representative Walberg issued a statement, outlining his priorities for the Committee. Representative Walberg, stated, “We have a unique opportunity to make substantive reforms to empower parents, incentivize workforce training, improve government efficiency, and unburden American innovators and job creators.” The statement added the work the Committee may focus on in the 119th Congress, “from enshrining protections for parents to continuing to protect Jewish students on college campuses to rights providing more opportunity and flexibility to American workers.” Congressman Walberg has served on the House Education and Workforce Committee for 16 years, and is a member of the Subcommittee on Health, Employment, Labor, and Pensions in the 118th Congress. Current Committee Chairwoman Virginia Foxx (R-NC) issued a statement following Representative Walberg’s selection to lead the Committee in the next Congress, emphasizing, “Tim has been a lifelong fighter for education and literacy and truly believes in helping every American reach his or her God-given potential.”

Speaker Johnson and House Republican leadership release report following investigation of antisemitism on college campuses: On December 19, House Speaker Mike Johnson (R-LA) and House GOP Leadership, including House Education and the Workforce Committee Chairwoman Virginia Foxx (R-NC), House Judiciary Committee Chairman Jim Jordan (R-OH), House Oversight Committee Chairman James Comer (R-KY), House Ways and Means Committee Chairman Jason Smith (R-MO), released a report following a 7-months-long investigation into antisemitism on American college campuses. Speaker Johnson announced a House-wide investigation in April 2024 following the surge in antisemitism on college campuses related to Hamas’ October 7, 2023 attack on Israel. Six committees conducted work related to the investigation, and the report details several key findings, including how some universities failed to stop antisemitism on their campuses and failed to impose meaningful discipline for antisemitic behavior. The report also makes 11 actionable recommendations for universities, the Executive Branch, and Congress to consider, including urging universities to protect student safety; calling on the Executive Branch to enforce Title VI of the Civil Rights Act and hold universities accountable for violating their obligations; and expressing that Congress pass legislation removing Title IV (student aid) eligibility from any university that boycotts or divests from Israel. In a press release announcing the report, Speaker Johnson stated, “We’ll use what’s in here to continue protecting our Jewish brothers and sisters from discrimination and violence. But make no mistake, we will continue these efforts in the next Congress and anytime antisemitism rears its ugly head, the House will shine a light on it and take action.”

House Education and the Workforce Committee Chairwoman Foxx issues statement following Parents’ Defending Education report on USED DEI spending: On December 16, House Education and the Workforce Committee Chairwoman Virginia Foxx (R-NC) issued a statement regarding a recent report from Parents Defending Education (PDE) on grants that the USED has awarded since 2021 “that specifically included diversity, equity, and inclusion (DEI), Social-Emotional Learning (SEL), restorative practices, and/or youth activism as part of the programming.” Chairwoman Foxx’s statement describes the report as “jaw-dropping…confirm[ing] that this administration was more concerned about contorting the minds of America’s future leaders, rather than educating them.” In remarks on the House floor, Chairwoman Foxx added, “Instead of becoming a more perfect union, DEI turns our schools, communities, and cities into cesspools of divisiveness and hate. And we know DEI bureaucracies are also notorious drivers of campus antisemitism.”

U.S. Courts:

Supreme Court declines to hear Boston admissions case: On December 9, the U.S. Supreme Court declined to hear Boston Parent Coalition for Academic Excellence Corp. v. The School Committee for the City of Boston, et al. According to SCOTUSblog, the case involves the process through which students were admitted to elite schools in 2021, which replaced the traditional standardized entrance exam with a plan that allowed for 20% of the admission slots to be based on the students’ grade point average. In December 2023, the United States Court of Appeals for the First Circuit held that Boston did not violate the Constitution because the admission policy was adopted to ease racial disparities in elite schools and not to discriminate against students of any particular race. In its decision denying to hear the case, Justice Neil Gorsuch wrote that though the Supreme Court’s decision “does not signify that the Court necessarily agrees with the decision” of the First Circuit’s ruling, “Boston has replaced the challenged admissions policy,” and “the parents and students do not challenge Boston’s new policy, nor do they suggest that the city is simply biding its time, intent on reviving the old policy.” Of note, the admissions policy that the case challenged was a temporary pandemic-era admissions policy, only in place for the 2021-2022 school year.

District Court rules Naval Academy can continue using race in admissions: On December 6, the United States District Court for the District of Maryland ruled that the United States Naval Academy can continue using race in its admissions practices. The case, brought by Students for Fair Admissions (SFFA), was first filed against the Naval Academy in October 2023 over its admissions practices, arguing that the Naval Academy has “no justification for using race-based admissions.” District Court Judge Richard Bennett stated in the ruling that, “The Academy has tied its use of race to the realization of an officer corps that represents the country it protects and the people it leads…[the] admissions program is narrowly tailored to meet that interest.” Judge Bennett also affirmed the Naval Academy’s argument that a diverse officer corps is a matter of national security: “[the] increased the racial diversity of the Navy and Marine Corps, which has enhanced national security by improving the Navy and Marine Corps' unit cohesion and lethality, recruitment and retention, and domestic and international legitimacy.” SFFA led the cases against Harvard University and the University of North Carolina , which the U.S. Supreme Court held that Harvard's and UNC's race-conscious admissions programs violated the Equal Protection Clause of the Fourteenth Amendment and Title VI of the Civil Rights Act of 1964.

Students for Fair Admissions (SFFA) sues Air Force Academy over race-conscious admissions practices: On December 10, SFFA filed a lawsuit against the United States Air Force Academy over its admissions practices, following similar cases against the Naval Academy and the United States Military Academy at West Point, arguing the Air Force Academy has “no justification for using race-based admissions.”  Citing the U.S. Supreme Court’s recent decision in SFFA v. Harvard/UNC, SFFA writes that the Air Force Academy’s “policy would be unconstitutional at all other public institutions of higher education.” In the SFFA v. Harvard/UNC opinion written by Chief Justice John Roberts, a footnote stated, “The United States as amicus curiae contends that race-based admissions programs further compelling interests at our Nation’s military academies. No military academy is a party to these cases, however, and none of the courts below addressed the propriety of race-based admissions systems in that context. This opinion also does not address the issue, in light of the potentially distinct interests that military academies may present.”

Upcoming Events (Congress & Administration):

• On January 7 at 10:00 a.m., the President's Board of Advisors on Historically Black Colleges and Universities will hold a virtual meeting. The meeting agenda will primarily focus on discussion on the addendum to the Board's 2023 report to the President, and acknowledgements of the Board's work. Written comments pertaining to the work of the Board may be submitted via email to whirsvps@ed.gov. The public can access the meeting here.

Upcoming Events (Outside Organizations):

• On January 9 at 2:30 p.m., the Brooking Institute and Transcend will host a hybrid event titled, “Bringing the kids back: New strategies for addressing chronic absenteeism in school.” The event will consider findings from a new report by the Center for Universal Education (CUE) at Brookings and the education nonprofit Transcend — “The Disengagement Gap: Why Disengagement Isn’t What Parents Expect” — which suggests that disengagement can be hard to see, and how student engagement can make a significant impact. The conversation will be moderated by Journalist Jenny Anderson and feature the following speakers: Sonja Brookins Santelises, CEO, Baltimore City Schools; Jenee Henry Wood, Chief Learning Officer at Transcend; and Rebecca Winthrop, Senior Fellow and Director, Center for Universal Education at Brookings.  More information and registration are here.

Publications (Congress & Administration):

• On December 11, the Government Accountability Office (GAO) released a report titled, “School Meal Programs: Additional Data and Outreach Could Help Charter School Participation.” The report found that over the past 5 years, charter school participation in the National School Lunch Program increased from 64% in the 2018-2019 school year to 85% in the 2022-23 school year, but participation rates varied between states. For example, five states had less than 50% participation while thirteen states and Puerto Rico had 100% of their charter schools participating. The GAO recommends that the Secretary of Agriculture conduct an assessment to determine cost-effective ways to obtain reliable information on state-level variation in charter school participation in school meal programs.
• On December 16, the Consumer Financial Protection Bureau released a report titled, “Supervisory Highlights: Special Edition Student Lending.” The report delves into illegal practices within student loan refinancing, federal loan servicing, and debt collection. These include those related to the refinancing market, private lenders offering illusory benefits (i.e. disability protections), noteholder liability for claims of school misconduct, illegal collection tactics, and the servicing of federal loans. In reviewing federal student loans following the post-COVID pandemic return to repayment, the analysis found “significant and pervasive violations related to servicers’ handling of the return to repayment,” including, “failing to provide appropriate avenues for consumers to communicate with their servicers, sending deceptive billing statements, withdrawing excess amounts from borrowers’ deposit accounts, and numerous problems related to processing of IDR applications.”

Publications (Outside Organizations):

• On December 15, the Bipartisan Policy Center released an explainer titled, “State Funding's Influence on College Completion.” The explainer outlines the effects of state changes to funding for public colleges or universities. For example, increased state investments lead to greater degree attainment and vice versa. Additionally, increased state appropriations to these institutions results in higher degree attainment and graduation rates for Black and Hispanic students. The explainer also highlights how investing in student retention can reduce cost per degree earned, and how the impact of additional appropriations on outcomes varies across institutions.
• On December 17, the Monitoring the Future Survey, funded by the National Institute on Drug Abuse, released results from a study titled, “National Survey Results on Drug Use, 1975–2024: Overview and key findings for secondary school students.” The study analyzed the historic trends and current usage of licit and illicit drug use among 8th, 10th, and 12th grades. The study found that 67% of 12th graders, 80% of 10th graders, and 90% of 8th graders abstained from drug use in 2024. The report also found a significant increase in nicotine pouches this past year among high school students, but continuing decreases of alcohol, marijuana, and nicotine vaping across all three grade-levels.

Legislation:

Introduced in the House of Representatives:

H.R. 10327

A bill to amend title 38, United States Code, to authorize veterans who are entitled to educational assistance under the Post-9/11 Educational Assistance Program of the Department of Veterans Affairs to use such entitlement to participate in a career transition internship program for veterans.
Sponsor: Rep. Bradley Schneider (D-IL)

H.R. 10364

A bill to safeguard children from harmful app services accessible through app stores across the United States, to provide parents with parental controls, to provide parents clear and accurate information about apps and their services to ensure proper parental consent is achieved, and for other purposes.
Sponsor: Rep. John James (R-MI)

H.R. 10392

A bill to amend the General Education Provisions Act to require parental notification and consent with respect to certain activities, and for other purposes.
Sponsor: Rep Harriet Hageman (R-WY)

H.R. 10400

A bill to amend the Internal Revenue Code of 1986 to clarify the definition of applicable educational institution for purposes of the excise tax based on the income of private colleges and universities.
Sponsor: Rep. Gwen Moore (D-WI)

H.R. 10404

A bill to amend title IV of the Higher Education Act of 1965 to provide program eligibility for distance education programs offered by foreign institutions of higher education.
Sponsor: Rep. Bradley Schneider (D-IL)

H.R. 10420

A bill to amend the Workforce Innovation and Opportunity Act to expand the capacity of junior or community colleges and area career and technical education schools to conduct training services, education, and outreach activities for careers in the residential construction industry.
Sponsor: Rep. Juan Ciscomani (R-AZ)

H.R. 10425

A bill to amend and reauthorize the Workforce Innovation and Opportunity Act and the Older Americans Act of 1965.
Sponsor: Rep. Virginia Foxx (R-NC)

H.R. 10477

A bill to amend the Higher Education Act of 1965 to improve the Public Service Loan Forgiveness program and reduce interest rates.
Sponsor: Rep. Joe Courtney (D-CT)

H.R. 10507

A bill to amend the Higher Education Act of 1965 to provide for a percentage of student loan forgiveness for public service employment, and for other purposes.
Sponsor: Rep. Eric Swalwell (D-CA)

H.R. 10509

A bill to expand and enhance consumer, student, servicemember, and small business protections with respect to debt collection practices, and for other purposes.
Sponsor: Rep. Maxine Waters (D-CA)

Introduced in the Senate:

S. 5458

A bill to allow Federal funds appropriated for kindergarten through grade 12 education to follow the student.
Sponsor: Sen. Rand Paul (R-KY)

S. 5539

A bill to require systematic review of artificial intelligence systems before deployment by the Federal Government, and for other purposes.
Sponsor: Sen. Peter Welch (D-VT)

S. 5544

A bill to reduce the number of student visas available to nationals of the People's Republic of China until China removes certain restrictions on United States students pursuing postsecondary educational opportunities in China and to restrict the types of postsecondary study available to Chinese nationals in the United States to include sensitive topics with potential dual-use military application.
Sponsor: Sen. Dan Sullivan (R-AK)

S. 5586

A bill to amend the Higher Education Act of 1965 to provide for a percentage of student loan forgiveness for public service employment, and for other purposes.
Sponsor: Sen. Richard Blumenthal (D-CT)

S. 5593

A bill to amend the Elementary and Secondary Education Act to expand the Magnet Schools Assistance Program.
Sponsor: Sen. Chris Murphy (D-CT)

S. 5594

A bill to amend the Higher Education Act of 1965 to support innovative, evidence-based approaches that improve the effectiveness and efficiency of postsecondary education for all students, to allow pay for success initiatives, to provide additional evaluation authority, and for other purposes.
Sponsor: Sen. Todd Young (R-IN)