The information covered below is primarily updates for the period of February 2, 2024, through February 15, 2024. A comprehensive update of information for this week will be included in our next publication.

Highlights:

• On Tuesday, February 20, the U.S. Supreme Court declined to review a case challenging racial neutrality of admissions policies for Thomas Jefferson (TJ) High School for Science and Technology.

• On February 15, the U.S. Department of Education (USED) released new, proposed regulatory text focused on providing debt relief for borrowers facing hardship on their student loans.

• Recently, the USED announced a Free Application for Federal Student Aid (FAFSA) College Support Strategy to support schools and students in completing the new FAFSA form for school year 2024-2025, as well as actions to assist colleges and universities in preparing to process student financial aid forms as efficiently as possible. These announcements come as the USED continues to face questions regarding ongoing implementation challenges of the new FAFSA.

U.S. Courts:

U.S. Supreme Court declines to hear case challenging racial neutrality of admissions policies for Thomas Jefferson High School for Science and Technology: On Tuesday, February 20, the U.S. Supreme Court declined to review a case concerning a change in the admissions policy at Thomas Jefferson (TJ) High School for Science and Technology, a magnet high school in Fairfax, Virginia, avoiding further Court review at this time of important undecided legal issues related to diversity and equity in education. Granting a review would have required affirmative votes from four of the nine Justices.

The TJ case involved a challenge to a facially race-neutral admissions policy adopted by the high school that (among other things) reduced the weight of test scores and used holistic factors, such as income and feeder schools, in part to better reflect potential, equity, and diversity. Racial status was not a factor in admissions. The plaintiffs claimed that the admissions policy should still be subject to strict scrutiny because of its intent and impact on Asian, Asian American, and white applicants. The U.S. Fourth Circuit Court of Appeals found in favor of the school, upholding the admissions policy. The Supreme Court offered no justification for its decision not to hear the case, despite the vigorous opposition of Justices Alito and Thomas, who published a dissent. Until the Supreme Court further rules, the Fourth Circuit’s interpretation of existing Supreme Court law may influence other federal circuits but only binds institutions in Maryland, Virginia, West Virginia, North Carolina, and South Carolina.

Administration:

White House:

White House hosts reception in recognition of Black History Month: On February 6, the White House hosted a reception in recognition of Black History Month and released a fact sheet with information about investments the Biden Administration has made to support Black communities. In her remarks at the event, Vice President Kamala Harris called attention to the book bans happening in schools and districts across the country, noting that “extremists…not only try to erase the past but to rewrite it.” President Biden also expressed gratitude to civil rights leaders and educators during his remarks at the reception.

White House convenes community college presidents and provosts to discuss workforce pipelines: On February 5, the White House convened more than 30 community college leaders representing 21 states to discuss their institutions’ critical efforts to prepare students for the workforce. Specifically, Biden Administration officials met with the leaders to learn how community colleges are supporting the pipeline of skilled workers in clean energy, biotechnology, advanced manufacturing, and semiconductors, given that investments from the Bipartisan Infrastructure Law, CHIPS and Science Act, Inflation Reduction Act, and American Rescue Plan have created new opportunities in those fields. Officials from the White House Domestic Policy Council, the National Economic Council, the Office of the First Lady, the USED, and the U.S. Department of Labor also heard about how the community colleges have created partnerships with K-12 education systems, employers, labor unions, local elected leaders, and others.

U.S. Department of Education (USED):

USED announces FAFSA College Support Strategy and additional actions to address challenges with the rollout of the simplified FAFSA form: On February 5, the USED announced a FAFSA College Support Strategy to support schools and students in completing the new FAFSA form for school year 2024-2025. The strategy includes the deployment of federal personnel to help colleges prepare and process financial aid forms, directing funding for technical assistance for under-resourced colleges, and releasing new tools to help colleges prepare to quickly and accurately process student records and deliver financial aid packages. Specifically, federal personnel will offer expertise to lower-resourced colleges to ensure the institutions have what they need to process financial aid packages, deliver direct on-campus support, and provide ongoing consultations and trainings, as needed. The USED also announced that $50 million in federal funding will be provided to non-profit organizations specialized in financial aid services to provide another layer of technical assistance and support, beyond the federal teams deployed by the Department, for under-resourced colleges. The Department will also begin releasing new data and resources to support schools in FAFSA completion ahead of their initial April 2024 target date.

On February 13, the USED further announced additional actions aimed at supporting schools in preparing to process student financial aid forms as efficiently as possible. Along with the new FAFSA form, the FAFSA Simplification Act made the reduction in verification requirements possible through a direct data exchange with the Internal Revenue Service (IRS), which will vastly lower the amount of measures needing verification. The Department will also suspend routine institutional program reviews to reduce the time that colleges’ financial aid offices need to devote to producing documentation and responding to Department inquiries during the time they need to focus on quickly getting aid award offers to students. Finally, the USED will waive recertification requirements for schools whose federal student aid certification expires in March, June, or September 2024, giving those institutions a more flexible timeline to submit their recertification application, and therefore, focus on supporting students.

Releasing the FAFSA College Support Strategy, USED Secretary Miguel Cardona said, “We are determined to get this right. We must, and we will.” The USED continues to face questions from both sides of the aisle in Congress following delays (See below under “Congress” for more information).

USED releases proposed regulatory text to provide debt relief to student loan borrowers experiencing financial hardship: On February 15, the USED released new, proposed regulatory text focused on providing debt relief for borrowers facing hardship on their student loans. The proposal outlines a set of factors that could be used to identify hardship, such as a borrower’s total student loan balance and required payments relative to household income and whether a borrower has high-cost burdens for certain expenses, including healthcare or childcare. The draft specifies that the USED Secretary may consider these and other factors to determine whether borrowers are experiencing the type of hardship that would qualify for debt relief. Additionally, the proposed text states that, “The Secretary may waive up to the outstanding balance of a loan owed to the Department…” USED Under Secretary James Kvaal said of the proposed text that, “the ideas we are outlining today will allow us to help struggling borrowers who are experiencing hardships in their lives.” In response to the Biden Administration’s proposed plan, House Education and the Workforce Committee Chairwoman Virginia Foxx (R-NC) said that, “Student debt is skyrocketing, college completion rates are abysmal, and schools have zero accountability for the overpriced degrees they offer. Yet, the Biden Administration continues to ignore all those problems and instead implement its illegal student loan transfer scheme.”

The proposed text will be considered by the Student Loan Debt Relief Negotiated Rulemaking Committee at an upcoming session to be held on February 22 and 23. Negotiated rulemaking on student loan debt relief follows the U.S. Supreme Court’s decision in June which found that the Biden Administration does not have the legal authority to broadly cancel student loan debt under the Higher Education Relief Opportunities for Students (“HEROES”) Act. In response to the Supreme Court ruling, the Biden Administration announced a negotiated rulemaking process aimed at opening an alternative path to debt relief for as many borrowers as possible using authority related to the modification, waiver, release, or compromise of federal student loans under the Higher Education Act.

The upcoming negotiated rulemaking session builds on three prior sessions held from October 2023 through December 2023. The Department is separately continuing its work on draft rules covering issues discussed at these earlier sessions, for publication later in 2024. These issues include relief for borrowers whose balances exceed what they originally borrowed, who first entered repayment long ago, who are eligible for relief but have not applied for it, or who attended programs or institutions that failed to provide sufficient financial value. More information on higher education negotiated rulemaking sessions can be found here.

USED holds second session of negotiated rulemaking for Program Integrity and Institutional Quality: From February 5 to 8, the USED held its second session of negotiated rulemaking for Program Integrity and Institutional Quality.  Ahead of the session, the USED released issue papers to cover each of the following issues for discussion by the rulemaking committee during negotiations:

• USED Secretary’s recognition of accrediting agencies and related issues
• Institutional eligibility, including state authorization
• The definition of distance education as it pertains to clock hour programs and reporting for students who enroll primarily online
• Return of Title IV of Higher Education Act of 1965 funds
• Cash management to address disbursement of student funds
• Eligibility requirements for participants in the Federal TRIO Programs

In advance of the session, the USED posted updated regulatory proposals, which adopted several negotiator recommendations to strengthen requirements around accreditation, state oversight, and permissible fees and charges to students for items, such as campus debit cards and books and supplies. Negotiators made several additional recommendations that the USED is currently taking under consideration and will release final regulatory proposals a week before the third rulemaking session to be held from March 4 to 7. If the committee reaches unanimous agreement on regulatory proposals by the end of the third session, the Department will publish those proposals in a Notice of Proposed Rulemaking for public comment, likely during the Spring of this year, and any final regulations published before November 1, 2024, would become effective on July 1, 2025.

USED releases 2023 update to Equity Action Plan: On February 14, the USED released its 2023 update to its Equity Action Plan, which is part of the Department's efforts to implement President Biden's February 2023 Executive Order on "Further Advancing Racial Equity and Support for Underserved Communities Through The Federal Government.” The 2023 update identifies five areas of focus:

• Improve college access, affordability, and degree completion for underserved students to increase economic mobility
• Implement Maintenance of Equity requirements to ensure historically underserved students have equitable resources for learning recovery
• Address inequities faced by justice-impacted individuals by expanding access to postsecondary learning opportunities
• Advance equity in and through career and technical education
• Increase mental health resources with an emphasis on underserved communities

The Department plans to continue engaging the public across these focus areas throughout the year. Updates on the plan will be added here.

USED sends final Title IX rule to the Office of Management and Budget (OMB) for approval: On February 2, the USED submitted a final Title IX rule to the OMB for review, which is typically the final stage before a regulation is published. In July 2022, the Biden Administration released a notice of proposed rulemaking to revise Title IX regulations aimed at helping to strengthen protections for students who experience sexual harassment and assault at school, as well as protections for LGBTQI+ students from discrimination. The USED initially indicated its intent to issue a final regulation in May 2023, but that timeline was delayed first to October 2023, and then to March 2024. The Department is also continuing work on a proposed Title IX regulation to “establish that policies violate Title IX when they categorically ban transgender students from participating on sports teams consistent with their gender identity.” The Athletics rule is also expected to be finalized in the coming months, but no update is available. A fact sheet on the July 2022 proposed rule is here, the proposed Athletics rule is here, and submitted public comments are here.

Biden Administration holds first Interagency Youth Policy Summit: On February 13, the USED hosted the first-ever interagency Youth Policy Summit titled, “Cultivating Possibilities.” The summit was designed “to give policymakers from federal agencies a chance to hear directly from young people and learn from one another about how to improve policies and programs to ensure that all youth have the opportunity to thrive.” The summit included several panel discussions around federal policies and programs that align with developmental goals in adolescence, including wellbeing, belonging, purpose, and identity, among others. Featured speakers in the discussions included USED Secretary Miguel Cardona, U.S. Department of Health and Human Services (HHS) Secretary Xavier Becerra, and Acting U.S. Department of Labor Secretary Julie Su; and representatives from the U.S. Department of Housing and Urban Development and the U.S. Department of Justice. The summit featured information about a new Youth Apprentice Pathway Pilot under the Employment and Training Administration, which will help the Department of Labor model ways federal agencies can partner with Registered Apprenticeship Intermediaries to create high-quality career pathways to jobs. The USED notes that it will continue to reconvene the summit’s participants during the next six months to sustain the dialogue that began at the summit.

Congress:

Congressional leaders call on the USED to address FAFSA implementation challenges: Congressional leaders from both sides of the aisle are urging the USED to address the challenges in the rollout of the simplified FAFSA form. On February 12, 106 Congressional Democrats, led by Senate Health, Education, Labor, and Pensions (HELP) Committee Chairman Bernie Sanders (I-VT), Senate Appropriations Committee Chairwoman Patty Murray (D-WA), and House Education and the Workforce Committee Ranking Member Bobby Scott (D-VA) wrote a letter to USED Secretary Miguel Cardona to request that the Department urgently address the operational issues with the new FAFSA form. The letter expresses support for the updates to the form and recent announcements from the Department with new actions, but requests clarity “on how the Department plans to communicate any further delays in FAFSA processing, and how the Department intends to minimize the potential impact on students and families so they can make the most informed decision possible about their futures, including through providing prompt, clear timelines.”

On February 7, Senate HELP Committee Ranking Member Bill Cassidy (R-LA) held a press conference to discuss the impacts of the delayed FAFSA implementation and announced that the Government Accountability Office (GAO) has begun an investigation into the new form’s implementation. The investigation, requested with House Education and the Workforce Committee Chairwoman Virginia Foxx (R-NC), seeks information on whether the USED properly tested the FAFSA IT system before it became available to students, as well as the extent to which the Department knew about the issues with its IT systems before the FAFSA rollout. Ranking Member Cassidy also released an op-ed in Newsweek calling for accountability for the delayed implementation, stating, “Congress must hold the Biden Administration accountable for these failures on behalf of students and families. We must ensure FAFSA operates properly so students can get the financial aid they are eligible for and need.” Chairwoman Foxx also spoke on the House floor on February 7, stating that the “Department had plenty of time to prepare for the FAFSA rollout…[Now,] students are hurting—especially low-income students who are most dependent on federal aid.”

Congress marks Career & Technical Education Month with statements and resolutions: On February 9, S.Res. 550, which is a bipartisan resolution supporting the “goals and ideals” of Career and Technical Education (CTE) Month, passed the Senate by unanimous consent. Regarding passage, Senator Tim Kaine (D-VA), who is the sponsor of the resolution and a member of the Senate HELP Committee stated, “As the son of an ironworker and during my time working at a technical school in Honduras, I’ve witnessed firsthand how CTE can provide a pathway to good-paying, meaningful jobs.” Senate HELP Committee Ranking Member Bill Cassidy, a co-sponsor of the resolution, also issued a statement, noting, “The resolution celebrates career and technical education programs across the country, recognizes their importance in skilled worker preparation, and encourages educators, school counselors, and career development professionals to promote CTE as a worthy educational path.”

In the House, Representatives Glenn Thompson (R-PA) and Suzanne Bonamici (D-OR), co-chairs of the bipartisan CTE Caucus, also introduced a resolution to recognize February as National CTE Month. Additionally, House Education and the Workforce Committee Chairwoman Virginia Foxx (R-NC) spoke on CTE Month on the House floor, stating, “By equipping students with the competencies they need to be successful on the job, career and technical education programs give participants an invaluable head start.”

Congressional Budget Office (CBO) releases 2024 Budget and Economic Outlook: On February 7, the CBO released The Budget and Economic Outlook: 2024 to 2034. The annual report includes an economic forecast and projections of spending and revenues under current law during the next 10 years. The report notes that one of the largest increases in estimated outlays for 2024 is due to higher education. According to the report, “In CBO’s baseline, projected outlays for higher education increase [to] $213 billion this year, rising $29 billion from −$183 billion last year. In 2023, the Administration recorded a net reduction of $207 billion in the costs of outstanding loans— primarily reflecting the $333 billion reduction in outlays that resulted from the Supreme Court’s decision that blocked implementation of the [Biden] Administration’s plan to cancel outstanding student loans for many borrowers. About one-third of the $333 billion reduction was offset by increased outlays recorded for the new income-driven repayment [IDR] plan implemented by the [Biden] Administration ($74 billion) and for other modifications the [Biden] Administration made to the terms of outstanding loans and to changes in the underlying assumptions about the costs of those loans ($52 billion)…”

Additionally, the report states, “CBO’s projections of outlays for student loan programs over the 2024–2033 period are $57 billion higher than they were in May 2023.” In justifying the increase, CBO states, “For most borrowers, the changes make the IDR plans more generous, and many borrowers selecting an IDR plan will now pay less in principal and interest than they would have previously paid. In addition, in CBO’s estimation, some students who would have borrowed before the change will now borrow more, and other students who previously would not have borrowed will now do so because of the new plan’s more generous terms. All those factors increased costs of IDR plans in CBO’s projections.” CBO Director Dr. Philip Swagel testified before the House Budget Committee regarding the 2024 Outlook, where he briefly shared the impact of the Biden Administration’s new IDR plan, known as the SAVE plan.

Senate:

Senate HELP Committee Ranking Member Cassidy pens op-ed on influence of diversity, equity, and inclusion (DEI) ideology in higher education: On February 2, Senate HELP Committee Ranking Member Bill Cassidy (R-LA) wrote an op-ed in the Washington Examiner on the influence of DEI ideology in higher education. Ranking Member Cassidy asserts that institutions are prioritizing funds for DEI programming, and that, “DEI does not actually promote inclusivity [as] students are classified into groups based on their race and heritage.” The op-ed also calls attention to the increase in antisemitism on college campuses and the responses form institutions, stating, “The lack of initiative from colleges to support Jewish students, likely driven by adherence to DEI priorities, is disturbing.” Ranking Member Cassidy adds that institutions should ensure students have the information they need to file a discrimination complaint.

House:

House Education and the Workforce Committee Chairwoman Foxx participates in Fox Business townhall with parents: On February 9, House Education and the Workforce Committee Chairwoman Virginia Foxx (R-NC) participated in a Fox Business townhall with parents to discuss education across the country. The topics covered during the event included increased parent involvement in the classroom and institutional accountability in higher education. Chairwoman Foxx referenced H.R. 6951, the “College Cost Reduction Act,” which she authored and recently advanced by a partisan vote out of the House Education and the Workforce Committee. Speaking about the desire for transparency and accountability in higher education, Chairwoman Foxx said, “Those are the two things we are pushing the most. We want colleges to tell parents and students exactly what it’s going to cost them and exactly what financial aid they are going to get.”

House Education and the Workforce Committee Chairwoman Foxx calls for USED Secretary Cardona’s resignation: On February 6, House Education and the Workforce Committee Chairwoman Virginia Foxx (R-NC) issued a statement calling for USED Secretary Miguel Cardona’s resignation after he refused to say the ‘from the river, to the sea’ chant is antisemitic. The Chairwoman expressed, “There is no excusing Secretary Cardona’s cowardly evasion of the antisemitic character of the phrase ‘from the river, to the sea.’” The statement concludes, “Jewish students deserve to know that their Education Secretary understands the hate they face and has the necessary courage and clarity to confront it. It is time for the Secretary to resign.”

House Education and the Workforce Committee Chairwoman Foxx continues actions following testimony on the response to antisemitism on college campuses: On February 16, House Education and the Workforce Committee Chairwoman Virginia Foxx (R-NC) issued subpoenas to Harvard Corporation Senior Fellow Penny Pritzker, Interim President Dr. Alan Garber, and Harvard Management Company’s Chief Executive Officer N.P. Narvekar for failing to produce priority documents related to the Committee’s antisemitism investigation. The subpoenas follow a February 7 letter to the Harvard officials, which requested additional documents be submitted to the Committee by February 14. The February 7 letter had noted, “If the above priority requests are left unfulfilled by the deadline set above, the Committee is prepared to issue a subpoena.” Additionally, the Chairwoman had expressed in the February 7 letter that the information the Committee has received from Harvard has been “grossly insufficient, and the limited and dilatory nature of its productions is obstructing the Committee’s efforts.” The Committee had initially requested additional information from Harvard on January 9 following the December 5 testimony of Harvard University’s former President Dr. Claudine Gay before the Committee. In the January letter, the Chairwoman had stated, “While Dr. Gay has since resigned, Harvard’s institutional failures regarding antisemitism extend well beyond one leader.”

Relatedly, Chairwoman Foxx sent a similar letter to leadership at Columbia University and affiliated Barnard College requesting documents and information regarding Columbia University’s response to antisemitism on its campus. The letter references specific examples of “numerous incidents of antisemitic assaults, harassment, and vandalism at Columbia” and requests “all reports of antisemitic acts or incidents and related documents and communications since January 1, 2021,” as well as documents sufficient to show the findings and results of any disciplinary processes and/or changes in academic or personnel status, among other information.

House Education and the Workforce Committee Chairwoman Foxx and Ranking Member Scott release joint statement regarding national polling supporting short-term Pell Grants: On February 15, House Education and the Workforce Committee Chairwoman Virginia Foxx (R-NC) and Ranking Member Bobby Scott (D-VA) released a joint statement regarding the recent release of polling data from the National Institute for Civil Discourse (NICD) showing the overwhelming support among Americans for Workforce Pell. The data from NICD indicate that “79% of survey respondents believe the kind of career-connected learning that would be supported through Workforce Pell gets too little support relative to college.” Chairwoman Foxx highlighted the data, nothing that the results are, “welcome news and shows the environment is ripe for transformative changes to skills-based learning.” Ranking Member Scott added that the polling results “[show] that Americans, no matter their political affiliation, overwhelmingly support expanding the Pell Grant to high-quality, short-term training programs.” The joint statement calls attention to H.R. 6585, the “Bipartisan Workforce Pell Act,” which, among other provisions, would help low-income students participate in short-term programs to move into a job quickly. The House Education and the Workforce Committee reported H.R. 6585 out of the Committee with bipartisan support on December 22, 2023.

House Energy and Commerce Committee Chairwoman Cathy McMorris Rogers announces retirement: On February 7, House Energy and Commerce Committee Chairwoman Cathy McMorris Rogers (R-WA) announced her planned retirement from Congress. The announcement comes as the House Energy and Commerce Committee is one of several House Committees exploring Artificial Intelligence (AI) and innovation. In her announcement, Chairwoman Rogers noted, “Especially as Chair of the Energy and Commerce Committee... We will spend this year honoring the Committee’s rich history — plowing the hard ground necessary to legislate on solutions to make people’s lives better and ensure America wins the future.”

House Space, Science, and Technology Subcommittees holds a joint hearing on the “Promise of Artificial Intelligence (AI)”: On February 6, the House Space, Science, and Technology Subcommittees on Energy and Research and Technology held a joint hearing titled, “Federal Science Agencies and the Promise of AI in Driving Scientific Discoveries.” This hearing was the third the Committee has held on AI this Congress, including one in October 2023 on effective risk management and another in June 2023 on AI and American competitiveness. The joint hearing heard from five witnesses: Tess DeBlanc Knowles, Special Assistant to the Director for Artificial Intelligence at the National Science Foundation (NSF); Dr. Georgia Tourassi, Associate Laboratory Director at the Oak Ridge National Laboratory; Dr. Chaouki Abdallah, Executive Vice President for Research at the Georgia Institute of Technology; Dr. Louay Chamra, Dean of the School of Engineering and Computer Science at Oakland University (MI); and Jack Clark, Co-Founder and Head of Policy at Anthropic.

Full Committee Chairman Frank Lucas (R-OK), in his opening statement, remarked that, “Today’s hearing will delve into how AI is being utilized by our federal science agencies and how it’s driving progress in our broader research ecosystem.” He continued, “There are three critical components in the formula for successful AI innovation: access to a skilled workforce, access to computing power, and access to data… [and] our federal science agencies play an important role in all three of these areas.” In her opening statement, Research and Technology Subcommittee Ranking Member Haley Stevens (D-MI) noted that, “The Science Committee has had a great track record at passing legislation to minimize the downsides of AI and maximize the good for this revolutionary technology. Responsible development will be a long-term challenge and something this committee will be working on for some time.” 

In her testimony, Ms. DeBlanc Knowles stated that, “NSF promotes the application of AI across the full range of science and engineering disciplines supported through the agency.” Regarding the Biden Administration’s October 2023 Executive Order on AI, Knowles noted that, “In January 2024, NSF and collaborating agencies across the federal government launched the National Artificial Intelligence Research Resource (NAIRR) Pilot, a first step towards realizing the vision for a shared research infrastructure that will strengthen and democratize access to critical resources necessary to power responsible AI discovery and innovation.”

In other testimony, Dr. Abdallah, from Georgia Tech, highlighted some of the “challenges faced by academic institutions as they attempt to deliver their solutions to the public at large.”  He noted that, “It has been remarked that the sum of all computing resources available to all AI researchers at all U.S. universities may not equal those available to a single company, OpenAI. While at Georgia Tech we have vast computer facilities compared to many of our peers, we are reaching the limits of what our computing systems can provide for all our AI projects.” Mr. Clark, a co-founder of Anthropic – an “AI safety and research company helping to build reliable, interpretable, and steerable AI systems” – supported the NAIRR initiative and provided three recommendations: “Enable Academic Research Using Industry Models,” “Broaden the Federal Government’s Capacity to Develop its Own frontier AI Systems,” and “Train the Next Generation of American Scientists.”

Upcoming Events (Congress & Administration):

• From February 22 to 23, the USED will hold a negotiated rulemaking committee session on Title IV Federal Student Aid Programs focused on the process to provide student debt relief. The session is a continuation from three prior sessions held from October through December 2023, and will focus on the issue of providing relief for borrowers experiencing hardship. Supplemental information on the session can be found here and information on higher education negotiated rulemaking sessions can be found here.
• From February 27 to 28 from 9:00 a.m. to 5:00 p.m., the USED will host a meeting of the National Advisory Committee on Institutional Quality and Integrity (NACIQI). The meeting will be open to the public to participate virtually. The meeting will include an administration policy update from USED’s Assistant Secretary for Postsecondary Education Nasser H. Paydar. Additionally, the meeting will include a review of certain applications for renewal of recognition, compliance reports, and requests for expansion of scope. The meeting notice is here and more information is here. The link to register for the meeting is here.
• On February 29, the President’s Board of Advisors on Historically Black Colleges and Universities will conduct a virtual meeting. The purpose of the Board is to advise the President on all matters pertaining to strengthening the educational capacity of Historically Black Colleges and Universities (HBCUs). The meeting will include an update from the Board Chairperson; an update from USED staff; an update from the Executive Director of the White House Initiative on Historically Black Colleges and Universities; a status report from each of the Board's Subcommittees; and a discussion regarding the status of the Board's report to the President. The meeting notice, including a full agenda, is here. A livestream of the meeting will be here.
• From April 12 to 14, the USED will host the Spring Teach to Lead Summit, titled, “Leading for the Future: Improving the Educator Experience and Expanding Opportunities to Elevate the Profession.” The Spring summit will convene teams of PK-12 educators from across the country to engage in focused planning and thought partnership around innovative ideas to improve the educator experience and strengthen the education profession. Sessions at the summit will provide teams with collaboration time, skills development, and professional consultation to help teams plan for implementation and seek additional partners and support for their work. Applications are due February 23. More information is here.

Upcoming Events (Outside Organizations):

• On February 22 at 12:30 p.m., the FutureEd will host a webinar titled, “Scaling and Sustaining High-Quality Tutoring.” The webinar is aimed at helping district leaders learn how to scale evidence-based tutoring and sustain it beyond the deadline to spend federal pandemic-relief funds. Panelists include: Zenovia Crier, Principal of Lyndon B. Johnson Elementary School in Odessa, Texas; Michael Duffy, President of the Great Oaks Foundation; Katie Hooten, Executive Director of Teach for America’s Ignite tutoring program; and Susanna Loeb, Executive Director of the National Student Support Accelerator at Stanford University. More information and registration are here.
• On February 29 at 6:00 p.m., the American Enterprise Institute will host an event titled, “Education Policy Debate: Should Democrats Support Education Savings Accounts?” Republicans have led the rapid expansion of private school choice programs during the past several years, primarily through the creation of education savings accounts (ESAs). This event will feature a debate on whether Democrats should support ESAs. Nat Malkus, Senior Fellow at the American Enterprise Institute, will moderate the debate. Panelists will include: Bethany Little, Managing Principal at EducationCounsel; Marcus Brandon, Executive Director at North Carolina Campaign for Achievement Now; Ravi Gupta, Founder at Branch; and Graig Meyer, State Senator in North Carolina. More information and registration are here.

Publications (Congress & Administration):

• On February 13, the Government Accountability Office (GAO) published a new report titled, “DOD Has Taken Steps to Support Students Affected by Problematic Sexual Behaviors, but Challenges Remain.” The report examined the information Department of Defense Education Activity (DODEA) collects to identify unwanted sexual behavior and the availability of support services to students that are harmed by or exhibit such behavior. Results found that since 2019, unwanted sexual behavior reports at DODEA schools have increased substantially due to enhanced reporting requirements, but DODEA has not sought feedback on its updated reporting requirements from school leaders, who raised concerns about significant administrative burden with formally reporting normative behaviors, and stigma for students involved in them. The GAO made five recommendations to DOD, including to assess reporting processes for normative behaviors and to monitor DODEA inclusion in response efforts, among others.

Publications (Outside Organizations):

• On February 6, the National College Attainment Network (NCAN) released its updated FAFSA Tracker. The analysis shows data on FAFSA completion, indicating that as of February 2, 2024, 20% of the high school class of 2024 has submitted the FAFSA. Nationwide, the data shows a 49% decrease in FAFSA completion compared to last academic year. The analysis also displays FAFSA completion by different demographic groups, showing an estimated 58% decrease in low-income schools and a 45% decrease in higher-income schools. NCAN’s data offers state-by-state information, as well, allowing states to compare FAFSA completion rates from 2017-2024.
• On February 7, Results for America (RFA) released new definitions of Evidence-Based and Evidence-Building Programs. The new definitions of evidence-based and evidence-building programs were created through engagement with policymakers, researchers, and community advocates and are intended to be used by governments at all levels and across sectors. With the definitions, RFA released an accompanying examples document to support policymakers and other government leaders in using the definitions in their budget and grant-making processes, among others.
• On February 12, the U.S. Chamber of Commerce Foundation published results from a study titled, “New Study Finds Alarming Lack of Civic Literacy Among Americans.” Using data from a national survey of 2,000 registered voters, the study found that more than 70% of Americans fail a basic civic literacy quiz on topics like the three branches of government, the number of Supreme Court justices, and other basic functions of our democracy. The results also showed that half of the respondents correctly named the branch of government where bills became laws and one in three did not know there are three branches of government.
• On February 15, the American Institutes for Research, Arnold Ventures and Veterans Education Success published a new report titled, “First In-Depth Assessment of the Post-9/11 GI Bill® (PGIB) Provides Insight on Veterans' Post-Secondary Enrollment, Degree Completion, and Earnings.”  Through interagency data sharing, the groups studied individual use and outcomes of PGIB benefits across all military branches, covering every enlisted service member who was eligible for the benefits and who separated from the military as of June 30, 2018, and was age 65 or younger as of December 31, 2019. The key findings showed that 54% of eligible enlisted military veterans used PGIB benefits to pay for their higher education between 2009 and 2019, and veterans’ college completion rate was double that of other financially independent students nationally. The results also found that female veterans were significantly more likely than male veterans to use PGIB benefits to enroll in higher education and to earn a degree, but earned significantly less in the labor market than male veterans with the same degree. Additionally, veterans from racial and ethnic groups that have been historically underrepresented in higher education were more likely to use PGIB benefits to enroll in postsecondary education, but were less likely to earn a degree within six years than veterans, overall.
• On February 15, the RAND Corp. published a new report titled, “Policies Restricting Teaching About Race and Gender Spill Over into Other States and Localities.” The report issued findings from the 2023 State of the American Teacher Survey, which surveyed a nationally representative group of 1,439 K-12 teachers in early 2023. Results showed that, in association with state and local political climates, 65% of teachers decided on their own to limit instruction about political and social issues in the classroom. The survey also found that about one third of teachers reside in one of the 18 states that have passed restrictions on how teachers can talk about race and gender in the classroom, but roughly one-half of teachers reported that they are subject to state restrictions, local restrictions set by school or district leaders, or both.

Legislation:

Introduced in the House of Representatives:

H.R. 7231
A bill to prohibit Federal support for institutions of higher education that promote antisemitism, and for other purposes.
Sponsor: Rep. Nicole Malliotakis (R-NY)

H.R. 7233
A bill to amend the Child Abuse Prevention and Treatment Act to provide for grants in support of training and education to teachers and other school employees, students, and the community about how to prevent, recognize, respond to, and report child sexual abuse among primary and secondary school students.
Sponsor: Rep. Nathaniel Moran (R-TX)

H.R. 7234
A bill to ensure that the National Advisory Council on Indian Education includes at least one member who is the president of a Tribal College or University and to require the Secretaries of Education and Interior to consider the National Advisory Council on Indian Education’s reports in the preparation of budget materials.
Sponsor: Rep. Joe Neguse (D-CO)

H.R. 7250
A bill to strengthen Federal data collection regarding the teacher and principal workforce.
Sponsor: Rep. Matt Cartwright (D-PA)

H.R. 7252
A bill to amend the Internal Revenue Code of 1986 to enhance the Child and Dependent Care Tax Credit and make the credit fully refundable for certain taxpayers.
Sponsor: Rep. Danny Davis (D-IL)

H.R. 7260
A bill to amend the Higher Education Act of 1965 to establish a program that enables college-bound residents of the Northern Mariana Islands and American Samoa to have greater choices among institutions of higher education, and for other purposes.
Sponsor: Del. Gregorio Kilili Camacho Sablan

H.R. 7261
A bill to authorize the Secretary of Education to award grants to eligible entities to carry out professional development for arts educators and creative arts therapists to learn how to best accommodate children with disabilities, and for other purposes.
Sponsor: Rep. David Scott (D-GA)

H.R. 7269
A bill to prohibit certain discrimination against athletes on the basis of sex by intercollegiate athletic associations, and for other purposes.
Sponsor: Rep. Alma Adams (D-NC)

H.R. 7291
A bill to amend the Workforce Innovation and Opportunity Act to direct the Secretary of Labor to award grants to train workers for broadband careers.
Sponsor: Rep. Marcus Molinaro (R-NY)

H.R. 7309
A bill to repeal certain formula grants under the Elementary and Secondary Education Act of 1965 and use such funds to award block grants to States.
Sponsor: Rep. Tim Burchett (R-TN)

H.R. 7315
A bill to direct the Secretary of Labor to support the development of pre-apprenticeship programs in the building and construction trades that serve underrepresented populations, including individuals from low income and rural census tracts.
Sponsor: Rep. Donald Norcross (D-NJ)

H.R. 7323
A bill to amend title 38, United States Code, to direct the Secretary of Veterans Affairs to disapprove courses of education offered by a public institution of higher learning that does not charge the in-State tuition rate to a veteran using certain educational assistance under title 10 of such Code.
Sponsor: Rep. Derrick Van Orden (R-WI)

H.R. 7344
A bill to amend the Richard B. Russell National School Lunch Act to expand the use of salad bars in schools.
Sponsor: Rep. Frederica Wilson (D-FL)

H.R. 7354
A bill to establish an Interagency Task Force to examine the conditions and experiences of Black women and girls in education, economic development, healthcare, labor and employment, housing, justice and civil rights, to promote community-based methods for mitigating and addressing harm and ensuring accountability, and to study societal effects on Black women and girls, and for other purposes.
Sponsor: Rep. Robin Kelly (D-IL)

H.R. 7355
A bill to direct the Secretary of Education, in coordination with the Secretary of Health and Human Services, to award competitive grants to eligible partnerships to establish, expand, or support career and technical education programs of study in early childhood education.
Sponsor: Rep. Ann Kuster (D-NH)

H.R. 7359
A bill to provide a framework for the Bureau of Consumer Financial Protection and the Department of Education to coordinate in providing assistance to and serving borrowers seeking to resolve complaints related to their private education or Federal student loans, and for other purposes.
Sponsor: Rep. Katie Porter (D-CA)

H.R. 7360
A bill to amend the Internal Revenue Code of 1986 to increase and make fully refundable the Child and Dependent Care Tax Credit, to increase the maximum amount excludable from gross income for employer-provided dependent care assistance, and for other purposes.
Sponsor: Rep. Claudia Tenney (R-NY)

H.R. 7386
A bill to establish a grant program to support career and technical education schools in their efforts to advocate for career and technical education programs and promote public awareness thereof.
Sponsor: Rep. Max Miller (R-OH)

H.R. 7395
A bill to amend the Elementary and Secondary Education Act of 1965 to expand career counseling opportunities within student support and academic enrichment grants.
Sponsor: Rep. Glenn Thompson (R-PA)

H.J.Res. 112
A resolution expressing support for designation of the week of February 5, 2024, through February 9, 2024, as "National School Counseling Week".
Sponsor: Rep. Linda Sanchez (D-CA)

Introduced in the Senate:

S. 3736
A bill to strengthen Federal data collection regarding the teacher and principal workforce.|
Sponsor: Sen. Dick Durbin (D-IL)

S. 3742
A bill to amend the Higher Education Act of 1965 to establish a community college and career training grant program.
Sponsor: Sen. Tim Kaine (D-VA)

S. 3762
A bill to prohibit certain discrimination against athletes on the basis of sex by State athletic associations, intercollegiate athletic associations, and covered institutions of higher education, and for other purposes.
Sponsor: Sen. Chris Murphy (D-CT)

S. 3764
A bill to direct the Secretary of Labor to support the development of pre-apprenticeship programs in the building and construction trades that serve underrepresented populations, including individuals from low income and rural census tracts.
Sponsor: Sen. Martin Heinrich (D-NM)

S. 3787
A bill to amend the Internal Revenue Code of 1986 to increase the credit for employers establishing workplace child care facilities, to increase the child care credit to encourage greater use of quality child care services, to provide incentives for students to earn child care-related degrees and to work in child care facilities, and to increase the exclusion for employer-provided dependent care assistance.
Sponsor: Sen. Jeanne Shaheen (D-NH)

S. 3798
A bill to amend the Internal Revenue Code of 1986 to require taxpayers claiming the child and earned income tax credits, and their qualifying children, to have a valid social security number for employment purposes.
Sponsor: Sen. Cindy Hyde-Smith (R-MS)

S.Res. 550
A resolution supporting the goals and ideals of "Career and Technical Education Month".
Sponsor: Sen. Tim Kaine (D-VA)