The information covered below is from February 6, 2026, through February 19, 2026.

Highlights:

• On January 28, the General Services Administration issued a notice and request for comments on a proposed revision to certifications that nearly all recipients of federal funding must submit to the federal government.
• At least four states have circulated for public comment draft waiver proposals that seek to waive key provisions of the Every Student Succeeds Act (ESSA). These proposals follow Iowa’s approved waiver request and Indiana’s request, which is still pending approval.
• On February 13, the U.S. Department of Education published the final version of a fourth Secretarial Supplemental Grant Priority, “Meaningful Learning Opportunities.”

Administration

White House:

Trump Administration proposes new certification requirements for recipients of federal funds: On January 28, the General Services Administration (GSA) issued a notice and request for comments on a proposed revision to certifications that nearly all recipients of federal funding must submit to the federal government. According to the notice, the revisions are designed to “align with updated executive branch guidance,” including President Trump’s “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” Executive Order (EO) and the U.S. Department of Justice (DOJ)’s more recent guidance on applying federal antidiscrimination law to efforts to advance diversity, equity, and inclusion (DEI). (For additional information, see EducationCounsel’s analysis of the DOJ guidance, including its misstatements and overreach, in this Deep Dive titled, “Misguidance.”)

Among other things, current and potential funding recipients registering with GSA’s System for Award Management (SAM or SAM.gov), would have to certify that they:

• “Will comply with the U.S. Constitution, all Federal laws, and relevant executive orders prohibiting unlawful discrimination on the basis of race or color in the administration of federally funded programs,” including those “labeled as” diversity, equity, inclusion, and accessibility (DEIA) programs;
  • Additionally, the proposed certification requirements include an list of practices, drawn from the DOJ guidance, that GSA states “may” violate antidiscrimination laws.
• “Will comply with the U.S. Constitution, all Federal laws, and relevant Executive branch guidance in promoting the freedom of speech and religious liberty in the administration of federally-funded programs”;
• “Will not knowingly bring or attempt to bring to the United States, transport, conceal, harbor, shield, hire, or recruit for a fee an illegal alien; and will not induce an alien to enter or reside in the United States with reckless disregard of the fact that the alien is illegal”; and
• “Will not fund, subsidize, or facilitate violence, terrorism, or other illegal activities that threaten public safety or national security.”

The proposed certification also requires an accuracy attestation and raises potential criminal enforcement and civil liability under the False Claims Act for providing “false, fictitious, or fraudulent information.” Comments on the proposed revisions are due on March 30, 2026. Before going into effect, GSA will have to publish a final rule, which will likely face legal challenges in court.

As detailed in our 2/4/26 Alert and in the Other Significant Updates below, the Administration has recently abandoned appeals in at least two lawsuits related to its anti-DEI guidance. It is worth noting that, if enacted, the GSA revisions would potentially allow the Administration to accomplish goals aligned with the anti-DEI policies rejected by those courts but on a government-wide scale – effectively requiring almost all recipients of federal funding to adhere to the Administration’s interpretation of the law.

U.S. Department of Education (USED):

USED finalizes fourth Secretarial priority for competitive grants: On February 13, USED published the final version of a fourth Secretarial Supplemental Grant Priority, “Meaningful Learning Opportunities.” Once a final supplemental priority is established, the Secretary can choose to use the priority for any grant competition, as well as decide how the priority will be used in the competition (e.g. as an absolute, competitive, or invitational priority). The new supplemental priority identifies a long list of academic strategies and instructional practices that, according to USED, are designed to “prepare students for success in an increasingly complex, interconnected and technology-rich world and ensure all students are prepared for employment, enrollment, enlistment, or entrepreneurship.” USED can select some or all of the listed strategies to feature in any particular grant competition. The announcement noted only minor changes from the proposed version of the priority. For more information, see EducationCounsel’s Deep Dive titled, “Unpacking the Secretary of Education’s Supplemental Priorities for Competitive Grants.”

Indiana’s Elementary and Secondary Education Act (ESSA) waiver application to USED temporarily paused: Indiana submitted an official ESSA waiver request to USED on October 17, 2025, but recently announced that, “[i]n order to work through some final details, we asked the Department for a brief and temporary pause in their review” of the state’s already-submitted ESSA waiver request. The announcement acknowledges “a collaborative process between IDOE and [USED]” that has included “excellent, productive conversations.” Under ESSA, USED has 120 days to review, approve, or disapprove a state’s waiver application. The estimated deadline for the Department to respond to IN’s waiver request was February 14, which may have contributed to the decision for the state to instead temporarily request a pause in their review.

More states developing ESSA waiver proposals: In addition to Iowa (ESSA waiver approved) and Indiana (waiver proposal pending approval), at least four states have circulated for public comment draft waiver proposals that seek additional flexibility under the Every Student Succeeds Act (ESSA). These draft plans by Alabama, Idaho, Kansas, and Louisiana follow two 2025 USED Dear Colleague Letters that invited states to submit comprehensive ESSA waiver proposals and/or Educational Flexibility (Ed-Flex) Program applications. ESSA requires states seeking waivers to invite and report public comment on their proposals.

Alabama issued a notice of intent on February 10, 2026, to submit its draft application for Ed-Flex authority. The state seeks to provide its districts with flexibility in eight areas, including Title I carryover limits; eligibility thresholds for Title I status and for operating a Title I schoolwide program; paraprofessional requirements; Title I, Part D transition funds limits; Title IV, Part A percentage requirements; consolidation of some Title II, III, and IV state-level activities funds; and integrating a career readiness assessment into the state accountability system. Public comments for Alabama’s proposed request are open until March 10, 2026.

Idaho issued a draft request on November 14, 2025, to waive some ESSA provisions and become an Ed-Flex state. First, Idaho plans to seek two ESSA waivers regarding the state’s annual assessments. The state would replace its current 3rd grade reading assessment and create a menu of 11th grade assessments from which students or districts could select. Second, Idaho is also proposing to apply for Ed-Flex authority to approve district requests for waivers related to “schoolwide eligibility, allowing additional carryover, program streamlining, and blending funding sources.” Public comment closed on December 31, 2025, for Idaho’s draft request, and the outline noted that the state is aiming to submit a waiver “in early 2026, after public comment and contingent on State Board of Education approval.”

Kansas issued a draft request on October 27, 2025, to waive three aspects of ESSA’s school improvement and support provisions. (According to the press release, Kansas already submitted the request, but there does not appear to be any confirmation of that from USED.) The state seeks to delay identifying a new cohort of schools until the 2028-29 school year, delay exiting currently identified schools until the 2027-28 school year, and allow the currently identified schools to continue accessing Section 1003(a) funds through the 2028-29 school year. The draft request notes that Kansas will use the additional time provided by these timeline waivers to complete a transition of its state assessment system and “fully integrate federal identification processes into the [state] accreditation framework, resulting in one unified, transparent system that provides clarity and predictability for schools and districts.”

Louisiana issued a draft request on January 27, 2026, with two types of requests. At the local level, the state will seek Ed-Flex authority to provide local school districts with more flexibility regarding Title I carryover; Title I, Part D transition services; and Title IV, Part A minimum spending requirements. At the state level, Louisiana will seek an ESSA waiver to allow the state to consolidate its state-level administrative funds and also its state-level activities funds from eight federal programs: Title I, Parts B/C/D; Title II, Part A; Title III, Part A; Title IV, Parts A/B; Title V; and Title VII, Part B (McKinney-Vento). Public comments were due on February 13, 2026.

Federal agencies hold tribal consultation on planned transfer of USED functions: On February 10, the U.S. Departments of Education, Interior (DOI), and Labor (DOL) held a Tribal Consultation on Interagency Agreements (IAAs) that shift significant responsibilities from USED to DOI and DOL. (For additional information, see EducationCounsel’s Legal Analysis of USED’s Transfers of Programs to Other Federal Agencies.) According to reporting, attendees expressed concern about increased bureaucracy should programs be spread across multiple federal agencies and the downstream impact on students, schools, and tribal colleges and universities. Additionally, speakers called for more robust consultation aligned with USED’s current policy, with tribal leaders urging the Departments to hold regional meetings to discuss changes before proceeding with further transfers. The public has the opportunity to submit comments through March 12, 2026, to TribalConsultation@ed.gov.

USED issues Dear Colleague Letter encouraging use of Title II, Part A for strategic staffing: On February 9, USED issued a Dear Colleague Letter (DCL) highlighting opportunities for states and districts to use Title II, Part A funds to support strategic staffing models, which emphasize team-based approaches to school staffing. The DCL promotes use of evidence and provides several examples of how Title II funds can be used to support new staffing models, including providing induction and mentoring for new teachers and job-embedded coaching and professional learning for all educators; supporting educator pipeline programs such as apprenticeships, residencies, and grow your own programs; supporting school leader development and engagement; and providing educators opportunities to take on additional instructional roles and to be compensated for those additional responsibilities. The final fiscal year (FY) 2026 bipartisan Omnibus Appropriations bill maintained funding of $2.2 billion for Title II, Part A.

USED issues updated and expanded guidance on religious expression in public schools: On February 5, USED released updated guidance about constitutionally protected prayer and religious expression in public schools. ESSA requires the Secretary of Education to issue guidance every other year on “constitutionally protected prayer,” and school districts must certify their compliance with it on an annual basis. In contrast to past versions, most recently updated in 2023, the new guidance expands its focus—and thus the scope of districts’ certifications—to address broader constitutional principles around religious expression, with illustrations related to the role of parents’ rights in directing their child’s public school education, student religious expression in assignments, speech in the classroom and at school-sponsored events, and more. Notably, the updated guidance emphasizes employees’ right to religious expression, including “the right, not only of students to pray, but also of public school teachers and officials to engage in individual acts of prayer—and to pray with students—during the conduct of their work” provided that it is private, non-coercive, and done outside an employee’s official duties (see the Supreme Court’s 2022 decision in Kennedy v. Bremerton).

USED publishes draft 2027-28 FAFSA form: On February 13, USED published a draft of the 2027-28 Free Application for Federal Student Aid (FAFSA) form for comment, which is in development. The announcement highlighted updates made during the 2026-27 FAFSA cycle, including instant verification for new students and parents, adding an earnings indicator showing the earnings of an institution’s graduates, and changing asset calculations for students of families who run family-owned businesses (based on the provisions included in the One Big Beautiful Bill Act, which was signed into law in July 2025). The 2027-28 FAFSA aims to feature a faster renewal process for students, clearer phrasing of questions to remove potential confusion, and the option for families of multiple students to reuse information they have already entered. Comments are due by April 14.

USED issues guidance to institutions of higher education (IHEs) regarding their responsibility to support students in repaying federal loans: On February 18, USED issued guidance to “remind IHEs to support borrowers throughout their federal student loan repayment journey and outlining best practices to strengthen institutional default management and prevention plans.” The guidance advises IHEs to be proactive to former students who are delinquent or in default on their federal student loans, and outlines best practices for institutions to consider when developing their default management and prevention plans. USED also included in the guidance updated nonpayment rates by institution, which show that over 1,800 institutions have nonpayment rates at or exceeding 25 percent.

USED announces resolution agreements with IHEs to cease their partnerships with The Ph.D. Project: On February 19, USED announced that it secured 31 resolution agreements with IHEs to cease their partnerships with The Ph.D. Project, a nonprofit that, according to Inside Higher Education, aims to “support underrepresented students who are pursuing a doctoral degree in business.” The Administration launched investigations into 45 IHEs in March 2025, regarding their collaboration with the Ph.D. Project, alleging that the organization discriminates on the basis of race. USED notes that 31 IHEs agreed to both “review their partnerships with external organizations to identify any that violate Title VI by restricting participation based on race,” and that the IHEs “had either already terminated their relationships with The Ph.D. Project or have agreed” to doing so. USED is in ongoing negotiations with the remaining 14 schools.

USED investigates potential privacy violations regarding use of student voting data: On February 5, USED announced both a new investigation into Tufts University and an accompanying Dear Colleague Letter (DCL) to presidents of IHEs regarding whether the use of student data in the National Study of Learning, Voting, and Engagement (NSLVE) complies with the Family Educational Rights and Privacy Act (FERPA). The NSLVE study began in 2012 and is conducted in partnership with Tufts University’s Institute for Democracy and Higher Education (IDHE) and the National Student Clearinghouse (NSC) to increase civic engagement through analysis of student voting behavior. USED’s Student Privacy Policy Office is investigating NSLVE’s compliance with FERPA, and the DCL calls for IHEs not to use NSLVE data, noting that “any IHE that utilizes NSLVE data released in 2026 could be at risk of being found in violation of FERPA.” The DCL also rescinds relevant guidance and resources issued by the Biden Administration and names the withholding of federal funds as a potential enforcement action for any FERPA violations.

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

HHS makes plans to dismantle the office overseeing early childhood research: The Administration for Children and Families (ACF) in HHS is developing plans to significantly restructure its Office of Planning, Research, and Evaluation (OPRE), reduce research funding, and align any remaining research with the Administration’s priorities. The plan includes moving research staff into other program offices and reducing ACF’s research funding to statutory minimums. This could significantly reduce funding for early childhood research because the statutes for Head Start and the Child Care and Development Fund set a ceiling (not a floor) for research investments. The potential changes could also impact early childhood research topics and grantees.

U.S. Department of Labor (DOL):

DOL releases AI literacy framework: On February 13, DOL announced the publication of a framework for AI literacy (graphic summary), providing nonbinding guidance to promote and expand AI literacy efforts across workforce and education systems. The framework outlines five “foundational content areas of AI literacy”: Understand AI Principles, Explore AI Uses, Direct AI Effectively, Evaluate AI Outputs, and Use AI Responsibly. It also identifies seven “Effective Delivery Principles of AI Literacy”: Enable Experiential Learning, Embed Learning in Context, Build Complementary Human Skills, Address Prerequisites to AI Literacy, Create Pathways for Continued Learning, Prepare Enabling Roles, and Design for Agility.

According to DOL, the framework reflects input from employers, training providers, state and local workforce and education agencies, and other stakeholders. The framework follows guidance issued in August 2025, on using Workforce Innovation and Opportunity Act (WIOA) funding to develop and promote AI skills, and a number of other related publications released by the Trump Administration, including the AI Action Plan and DOL Workforce Talent Strategy.

DOL announces new grants for community colleges: On February 17, DOL announced a $65 million grant competition for the Strengthening Community College Training program, funded through WIOA. This round of funding will focus specifically on “increas[ing] the availability of programs seeking eligibility for Workforce Pell Grants.” The One Big Beautiful Bill Act (OBBBA) authorized the new Workforce Pell Grant program to allow the use of Pell Grants for short-term workforce programs. Additionally, DOL noted that grant applications must describe how programs will meet the hiring requirements of employers in in-demand industries.

Congress:

Congressional Budget Office issues annual budget report and predicts $5.4 billion Pell Shortfall: On February 11, the Congressional Budget Office (CBO) released an annual report titled, “The Budget and Economic Outlook: 2026 to 2036,” including updated information regarding the cost of the Pell Grant program. According to the report, the budget deficit for FY2026 will total $1.9 trillion, which is $100 billion (or 8%) more than the deficit CBO estimated in January 2025. As part of the outlook, CBO also estimated that the Pell Grant program will face a shortfall of $5.4 billion in FY2026. In the January 2025 report, the CBO projected a potential shortfall of $2.7 billion at the beginning of 2026, though the One Big Beautiful Bill Act (OBBA) provided $10.5 billion to shore up this shortfall and provide additional funding for subsequent years. Notwithstanding this infusion of funds, the newly estimated deficit now exists for the current fiscal year due to several factors, including more students becoming eligible for Pell Grants.

Pell Grants have a unique funding structure in that the program functions as an entitlement, with eligible students entitled to a grant. However, unlike other entitlement programs, such as Medicare and Social Security, Pell Grants are funded through both mandatory (funding levels set by law) and discretionary funding (funding levels determined annually through annual appropriations bills). Lawmakers must address this shortfall with either additional discretionary spending or eligibility cuts.

Senate:

Senate Democrats express opposition to Trump Administration’s halting of federal funding and support for Minority-Serving Institutions (MSIs): On February 18, 30 Democratic Senators wrote a letter to USED Secretary Linda McMahon expressing opposition to the Trump Administration’s halting of federal funds for MSIs, which occurred following a December memorandum from the DOJ’s Office of Legal Counsel (OLC) arguing that a number of MSI grant programs are unconstitutional. “These longstanding programs have been authorized and funded by Congress for decades,” the Senators state, adding that the Administration’s “baseless decision…disrupts the fiscal stability of thousands of colleges” and their students. Noting that funding through Title III and V grants are provided to the institution, not to specific students, the Senators write that the halting of funds “attempt[s] to circumvent Congress” and urges the Administration to allocate the funds.

Senate HELP Committee holds oversight hearing on federal child care funding: On February 12, the Senate Health Education Labor and Pensions Committee held a hearing titled, “Restoring Integrity: Preventing Fraud in Child Care Assistance Programs,” to conduct oversight of federal child care funding in light of recent fraud allegations in the state of Minnesota, as well as explore issues of access and affordability related to child care. The Committee heard from three witnesses, including: Henry Wilde, Co-Founder and CEO, Acelero, Inc., Madison, WI; Paula Polito, Ph.D., Owner, Beary Cherry Tree Child Care Center, Jefferson Parish, LA; and Liz Denson, President and CEO, Early Connections Learning Centers, Colorado Springs, CO.

During his opening statement, Senate HELP Committee Chair Bill Cassidy (R-LA) expressed concerns regarding recent allegations of fraud in the Child Care and Development Block Grant (CCDBG) program in Minnesota, while emphasizing the importance of the program saying, “We've got to allocate the resources where the resources need to be allocated, for those families who actually have the need.” From the Democratic side of the aisle, Senator Patty Murray (D-WA), Ranking Member of the Senate Appropriations Committee and past Chair of the Senate HELP Committee, emphasized that “no one wants our child care system to work more than me as a former preschool teacher,” before going on to highlight the crisis in child care due to the lack of affordability and not having enough providers. Senator Murray concluded by saying, “parents cannot hardly find let afford child care today, so we have to solve that…if we do want to solve the child care crisis, that does mean we're going to have to make some very serious federal investments, and we are going to have to make the most of those investments, we can't afford to have this work delayed or derailed by fraud.”

Throughout the hearing, Republican and Democratic members spoke of the importance of child care for working families and addressing fraud, as well as access and affordability challenges currently facing the child care system. At the conclusion of the hearing, Chair Cassidy went on to state that he intends to put forward proposals to strengthen CCBDG, and said he saw the hearing as “an important step in refining those solutions.”

House:

House Appropriations Subcommittee holds hearing on “Science of Reading:” On February 10, the House Labor, Health and Human Services, Education and Related Agencies (Labor/HHS) Appropriations Subcommittee held a hearing on evidence-based literacy instruction. The Subcommittee heard from three witnesses, including two from Alabama – Subcommittee Chair Robert Aderholt’s home state: Bonnie Short, Director at the Alabama Reading Initiative; Larry Saulsberry, Director for Teaching and Learning for Literacy with the Huntsville City Schools (AL); and Dr. Holly Lane, Director and Professor at the University of Florida Literacy Institute.

House Education and Workforce Subcommittee holds hearing on parental rights in education: On February 10, the House Education and Workforce Subcommittee on Early Childhood, Elementary, and Secondary Education held a hearing titled, “Defending Faith and Families Against Government Overreach: Mahmoud v. Taylor.” The Subcommittee heard from four witnesses: Eric Baxter, Vice President and Senior Counsel at The Becket Fund for Religious Liberty; Donald Daugherty, Senior Litigation Counsel at the Defense of Freedom Institute; Zalman Rothschild, Assistant Professor of Law at the Yeshiva University School of Law; and Sarah Parshall Perry, Vice President and Legal Fellow at Defending Education. As background, in June 2025, the U.S. Supreme Court issued a decision in Mahmoud v. Taylor, holding that parents who object on religious grounds to particular books or lessons have a First Amendment right to notice about the planned instruction and the opportunity to opt out their children in advance.

In his opening statement, Subcommittee Chair Kevin Kiley (R-CA) emphasized parental rights as “common-sense principles,” adding, “Religious freedom is a cornerstone of American life.” Chair Kiely asserted “some districts are trying to circumvent - or even defy - the Court’s holding in Mahmoud,” reiterating that “it is essential that parents maintain control over their child’s education.” Subcommittee Ranking Member Suzanne Bonamici (D-OR) focused her remarks on other issues that concern parents, including gun violence in schools, presence of ICE agents on school grounds, and student mental health challenges. Ranking Member Bonamici asserted that the hearing was not addressing the “real dangers to students,” and called to question the “hypocrisy” of the hearing’s topic given Republican’s focus on “giv[ing] education back to the states,” noting that “the federal government is not in charge of curriculum or what books are in schools.”

House Education and Workforce Committee Ranking Member Scott holds forum on the Trump Administration’s efforts to dismantle USED: On February 11, House Education and Workforce Committee Ranking Member Bobby Scott (D-VA) held a forum titled, “Education in the Crosshairs: What Dismantling the Department of Education Means for Students.” The forum featured the following speakers: Ray Li, Policy Counsel at the NAACP Legal Defense Fund (LDF); Augustus Mays, Vice President for Partnerships and Engagement at EdTrust; Ashley Harrington, Senior Policy Counsel at NAACP Legal Defense Fund (LDF); and Rachel Homer, Director of Democracy 2025 and Senior Attorney at Democracy Forward. In his remarks, Ranking Member Scott called attention to a “core function” of USED – “protect[ing] and defend[ing] students’ civil rights.” He emphasized that, “the federal government must retain its central role in enforcing students’ civil rights because, historically, when states had no federal oversight, we saw the outright segregation of public schools, a refusal to educat[e] students with disabilities, and a lack of resources for low-income communities.” His remarks also highlighted the reduction in force (RIF) at USED’s Office for Civil Rights, the Trump Administration’s efforts to transfer funds and functions of USED to other agencies, and the RIF at the Institute of Education Sciences (IES), which Ranking Member Scott noted “conduct[s] research on learning trends [and] achievement gaps.”

U.S. Courts

Appeals court overturns lower court’s preliminary injunction regarding Anti-DEI EOs: On February 2, the U.S. Court of Appeals for the Fourth Circuit vacated a lower court’s preliminary injunction in NADOHE v. Trump, a lawsuit challenging the constitutionality of two of President Trump’s anti-DEI EOs. (One is the same EO at the heart of GSA’s proposed funding certifications described in the above under “Administration.”) The Fourth Circuit ruled, among other issues, that the plaintiffs had not shown a strong likelihood of success in their “facial” challenge to the EOs under either the First or Fifth Amendments. The court noted that such challenges have a high bar because they are “manifestly, strong medicine.” The court did not decide—expressly leaving open—whether the plaintiffs might succeed in challenging the EOs “as applied” in the context of a future enforcement action against them based on the Administration’s interpretation of what is or is not lawful under federal antidiscrimination laws.

Plaintiffs withdraw lawsuits challenging DEI Dear Colleague Letter following permanent injunction: Plaintiffs in three cases challenging USED’s anti-DEI guidance and certification requirements have agreed to dismiss their lawsuits following the Trump Administration’s recent withdrawal of its appeal in a related federal court decision that permanently struck down the guidance and certification. With that court’s permanent injunction in place, the plaintiffs in the similar cases agreed to end their separate lawsuits. On February 3, the National Education Association (NEA) filed a joint motion to dismiss; on February 6, the NAACP and a 19-state coalition did the same.

Preliminary injunction granted in child care funding freeze lawsuit: On February 6, a federal district court granted a preliminary injunction to block the Trump Administration’s recent decision, based on allegations of fraud, to freeze federal child care and family assistance funding for California, Colorado, Illinois, Minnesota, and New York. According to the injunction, the Trump Administration cannot, for the duration of the lawsuit, implement its policy to “restrict or cut off” the five states’ Child Care Development Fund (CCDF), Temporary Assistance to Needy Families (TANF), and Social Services Block Grants (SSBG) funds. HHS is also prevented from requiring these states to submit additional spending justifications through its “Defend the Spend” process. The Administration has 60 days to appeal the order. 

Conservative legal group withdraw lawsuit challenging McNair Program following Trump Administration’s agreement to change its race-conscious eligibility requirements: On February 17, the Wisconsin Institute for Law and Liberty dropped its lawsuit against the federal government which “challenged the racial eligibility criteria in the Ronald E. McNair Postbaccalaureate Achievement Program (McNair Program). The McNair Program is one programs under the Federal TRIO Program, which assists IHEs in preparing participants from underrepresented backgrounds for doctoral studies through involvement in research and other scholarly activities. The lawsuit was filed regarding the program’s definition of “underrepresented,” which includes the following groups: Black, Hispanic, American Indian, Alaskan Native, Native Hawaiians, and Native American Pacific Islanders. In dropping the lawsuit, the plaintiffs reference a December memorandum from DOJ’s Office of Legal Counsel (OLC) which argued that “the race-based elements of the Department’s McNair regulations are … unconstitutional.” However, the same memorandum determined that some programs, including the McNair Program, could be administered “provided that all race-based elements identified above are set aside.” Finally, citing that USED plans to “rescind the race-based eligibility criteria in the McNair regulations through forthcoming rulemaking,” the plaintiffs withdrew their case.

Upcoming Events (Congress & Administration):

• On February 24 at 10:00 a.m., the House Small Business Committee will hold a hearing titled, “Career and Technical Education: Developing the Future of Main Street Success.” Witnesses have not yet been announced. The hearing will be held in 2360 Rayburn House Office Building and livestreamed here.
• On February 24 at 2:00 p.m., the House Education and Workforce Subcommittee on Early Childhood, Elementary, and Secondary Education Subcommittee will hold a hearing titled, “Building an AI-Ready America: Teaching in the AI Age.” Witnesses have not yet been announced. The hearing will be held in 2175 Rayburn Office Building and livestreamed here.
• On February 26 at 10:00 a.m., the Senate Health, Education, Labor, and Pensions (HELP) Committee will hold a markup of legislation. The legislation includes the following:
  • S. 1602, the Mathematical and Statistical Modeling Education Act, a bill to coordinate Federal research and development efforts focused on modernizing mathematics in STEM education through mathematical and statistical modeling, including data-driven and computational thinking, problem, project, and performance-based learning and assessment, interdisciplinary exploration, and career connections, and for other purposes.
  • S. 1558, the Understanding the True Cost of College Act of 2025, a bill to require a standard financial aid offer form, and for other purposes.
  • S. 3747, A bill to amend the Higher Education Act of 1965 to recognize students who have completed secondary school education in a home school setting as high school graduates, and for other purposes.

The hearing will be held in 430 Dirksen Senate Office Building and livestreamed here.

• From March 5-6, the National Assessment Governing Board (NAGB) will hold its Quarterly Governing Board Meeting. Lesley Muldoon will provide the Executive Director’s report, and National Center for Education Statistics (NCES) Acting Commissioner Matthew Soldner will share an update on the administration of the 2026 National Assessment for Educational Progress (NAEP). More information and registration for the meeting’s open sessions are here.

Upcoming Events (Outside Organizations):

• On February 24 at 3:00 p.m., the Campaign for Grade-Level Reading will host a webinar titled, “Children's Savings Accounts & Emerging Federal Policy: Opportunities and Implications.” The webinar will explore what makes children’s savings accounts successful tools for expanding opportunities for disadvantaged students, including a discussion of Trump Accounts, which were established in the One Big Beautiful Bill Act. Panelists include: Ray Boshara, The Aspen Institute; William Elliott, III, Ph.D., University of Michigan’s Center on Assets, Education and Inclusion; Rebecca Loya, Ph.D., San Francisco Treasurer's Office; Jennifer Putetti, Office of State Treasurer Erick Russell, CT; and Carl Rist, Durham City Council, NC. More information and registration are here.
• From February 25 to 28, the American Council on Education will hold its annual conference. The conference will feature sessions and speakers covering a range of topics in higher education, including a conversation between Nicholas Kent, the current Under Secretary of Education, and James Kvaal, former Under Secretary of Education, to discuss “the evolving federal role in higher education and what lies ahead for institutions, learners, and the broader ecosystem.” Other sessions will address urgent questions facing institutions, including a session titled, “Incisive Issues: Ideas that Cut Through Convention,” featuring Zakiya Smith Ellis, Principal at EducationCounsel, and Greg Lukianoff, President and CEO of Foundation for Individual Rights and Expression (FIRE), among others. More information on the conference is here.

Publications (Outside Organizations):

• On February 5, the Bipartisan Policy Center released an article titled, “National and State Child Care Data Overview.” The article highlights that only 10.8 million formal child care spots exist nationwide while there are 14.8 million children under age 5 who need child care, resulting in a 28% gap. Analyzing the child care access gap against economic productivity, the study estimates that the gap costs the nation’s economy $216 to $329 billion over ten years through lost household income, decreased business productivity, and forgone tax revenue.
• On February 10, the Federal Reserve Bank of New York Research and Statistics Group published a report titled, “Quarterly Report On Household Debt And Credit 2025: Q4.” The report features data related to student loan debt as of Q4 of 2025, revealing a total of $1.66 trillion in outstanding debt and a 9.6% delinquency rate (90 days or more overdue).
• On February 13, Third Way released a memo titled, “Optimizing AI’s Role in K-12 Education.” The report describes ways to sustainably use AI in education, highlighting the need for reinforcing human relationships that technology can’t replicate. Discussing potential uses of AI, the report highlights adaptive learning software, tutoring, and teacher support.
• On February 17, the First Five Years Fund published a resource titled, “Child Care Takes Center Stage in 2026 State of the State Addresses as Governors Focus on Affordability and Economic Stability.” The resource reviewed State of the State addresses given by governors before February 17, 2026. The study found that 72% of these speeches included child care, early learning, or policies supporting new parents and infants. Notably, among the governors who discussed these issues, 40% were Republicans and 60% were Democrats, underscoring the bipartisan nature of these topics.
• On February 20, the Alliance for Early Success released its annual report titled, “50-State Early Childhood Policy Progress and Landscape Report.” Informed in part by survey of early childhood advocates across the country, findings indicate that 100% of states reported a policy win in child and maternal health, early care and education, and/or family economic security; 80% of states with a legislative session reported an early childhood policy win that included a state budget increase; and 80% of states reported the successful defeat of a proposed policy that would be harmful to young children.

Legislation:

Introduced in the House of Representatives:

H.R. 7434

A bill to authorize the Director of the National Science Foundation to identify grand challenges and award competitive prizes for artificial intelligence research and development.
Sponsor: Rep. Ted Lieu (D-CA)

H.R. 7463

A bill to amend section 477 of the Social Security Act to increase the maximum education and training voucher amount and provide greater support for foster youth pursuing postsecondary education.
Sponsor: Rep. Judy Chu (D-CA)

H.R. 7497

A bill to amend the SUPPORT for Patients and Communities Act to improve trauma support services and mental health care for children and youth in educational settings, and for other purposes.
Sponsor: Rep. Jahana Hayes (D-CT)

H.R. 7498

A bill to establish and expand child care programs for parents who work nontraditional hours, and for other purposes.
Sponsor: Rep. Ashley Hinson (R-IA)

H.R. 7536

A bill to amend the Internal Revenue Code of 1986 to expand the deduction for student loan interest to include payments toward principal, and to increase the value of the deduction.
Sponsor: Rep. Daniel Goldman (D-NY)

H.R. 7542

A bill to amend the Richard B. Russell National School Lunch Act to make lunches free for all children and to reimburse school meal delinquent debt, and for other purposes.
Sponsor: Rep. Raja Krishnamoorthi (D-IL)

H.R. 7566

A bill to require the Secretary of Labor to establish a pilot program to provide grants for job guarantee programs.
Sponsor: Rep. Bonnie Watson Coleman (D-NJ)

H.R. 7576

A bill to amend the Internal Revenue Code of 1986 to establish a credit for workforce artificial intelligence training, and for other purposes.
Sponsor: Rep. Josh Gottheimer (D-NJ)

H.R. 7590

A bill to promote minimum State requirements for the prevention and treatment of concussions caused by participation in school sports, and for other purposes.
Sponsor: Rep. Mark DeSaulnier (D-CA)

H.R. 7591

A bill to amend the Elementary and Secondary Education Act of 1965 to require certain local educational agencies to distribute guidance to students, parents, and other local community members regarding firearm safety, and for other purposes.
Sponsor: Rep. Daniel Goldman (D-NY)

H.Res. 1045

A resolution calling on the Secretary of Education to work with stakeholders to immediately eliminate race-based Native logos, mascots, and names from State educational institutions, and calling on State educational institutions and national sports franchises to cease the unsanctioned use of such logos, mascots, and names.
Sponsor: Rep. Frank Pallone (D-NJ)

H.Res. 1063

A resolution supporting the goals and ideals of "Career and Technical Education Month".
Sponsor: Rep. Glenn Thompson (R-PA)

Introduced in the Senate:

S. 3809

A bill to authorize the Director of the National Science Foundation to identify grand challenges and award competitive prizes for artificial intelligence research and development.
Sponsor: Sen. Cory Booker (D-NJ)

S. 3825

A bill to amend the Workforce Innovation and Opportunity Act to expand the types of one-stop centers used to provide services.
Sponsor: Sen. Ted Budd (R-NC)

S. 3842

A bill to amend the Child Nutrition Act of 1966 to permit video or telephone certifications under the special supplemental nutrition program for women, infants, and children, and for other purposes.
Sponsor: Sen. Roger Marshall (R-KS)

S. 3845

A bill to establish and expand child care programs for parents who work nontraditional hours, and for other purposes.
Sponsor: Sen. Todd Young (R-IN)

S. 3846

A bill to amend the Workforce Innovation and Opportunity Act regarding employer-directed skills development, and for other purposes.
Sponsor: Sen. Ted Budd (R-NC)

S. 3862

A bill to amend the Child Care and Development Block Grant Act of 1990 to require States to make payments to child care providers based on verified attendance in child care programs, and for other purposes.
Sponsor: Sen. Ted Cruz (R-TX)

S. 3870

A bill to amend the Workforce Innovation and Opportunity Act to permit greater flexibility in carrying out incumbent worker training programs, and for other purposes.
Sponsor: Sen. Gary Peters (D-MI)