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E-Updates

Nov. 10, 2023

E-Update for November 10, 2023

The information covered below is from October 20, 2023, through November 2, 2023. Please note that our next publication will include updated information on education developments on the federal level for this week of November 6, 2023.

Highlights:

  • On October 25, the U.S. House of Representatives elected Congressman Mike Johnson (R-LA) to serve as the Speaker of the House in a 220-209 vote.

  • On October 25, the White House submitted to Congress a $55 billion domestic supplemental funding request, which included funding for child care, expansion of high-speed internet access, and disaster relief.

  • On October 30, President Biden issued an Executive Order to ensure that the U.S. “leads the way in seizing the promise and managing the risks of artificial intelligence.”

  • Federal funding is set to expire on November 17, but next steps regarding the terms of a Continuing Resolution (CR) to extend funding have yet to be determined. The House Rules Committee is expected to meet on November 13 to consider amendments and a path to bringing the fiscal year (FY) 2024 House Labor, Health and Human Services, Education, and Related Agencies (Labor/HHS) Appropriations bill to the House floor; however, it is unclear if there will be enough support among House Republicans to advance the bill.

Administration:

White House:

White House submits $55 billion domestic supplemental funding request to Congress: On October 25, the White House submitted to Congress a $55 billion domestic supplemental funding request, which included funding for child care, expansion of high-speed internet access, and disaster relief. Specifically, the White House requests $16 billion in funds for the U.S. Department of Health and Human Services (HHS) to support the stabilization of the child care industry. The Biden Administration states that the $16 billion would “help keep child care providers afloat, mitigating the likelihood that providers will close or raise costs for families.” A White House fact sheet on the request notes that, “There are already reports of providers needing to raise parent fees to help cover operating costs that were subsidized by child care stabilization funding, or reduce staff wages, exacerbating challenges in hiring and retaining qualified staff.” The fact sheet urges congressional action stating, “If this trajectory continues, hardworking families will pay the price—parents will be left with fewer child care options [and] higher costs—preventing parents from working and holding back our entire economy.” Additionally, the request calls for $405 million for the U.S. Department of Education (USED)’s Immediate Aid to Restart School Operations program – which supports K-12 students, teachers, and school staff – and the Emergency Assistance to Institutions of Higher Education program. Both education programs were previously funded through the Bipartisan Budget Act of 2018 to support recovery efforts for areas and schools impacted by federally declared disasters. The request also includes a request of $6 billion to “extend free and discounted broadband internet for [more than] 21 million low-income households through December 2024” once existing funding from the Bipartisan Infrastructure Law is no longer available

White House issues Executive Order on safe, secure, and trustworthy artificial intelligence (AI): On October 30, President Biden issued an Executive Order (EO) to ensure that the U.S. “leads the way in seizing the promise and managing the risks of artificial intelligence.” A White House fact sheet states that the EO is designed to “establish new standards for AI safety and security, protect Americans’ privacy, advance equity and civil rights, stand up for consumers and workers, promote innovation and competition, advance U.S. leadership around the world, and more.” Specifically, the EO directs actions in the following eight areas:

  • New Standards for Safety and Security

  • Protecting Americans’ Privacy

  • Advancing Equity and Civil Rights

  • Standing Up for Consumers, Patients, and Students

  • Supporting Workers

  • Promoting Innovation and Competition

  • Advancing American Leadership Abroad

  • Ensuring Responsible and Effective Government Use of AI

The EO includes directives to agencies across the federal government, including that the U.S. Secretary of Labor develop a report to “identify options, including potential legislative measures, to strengthen or develop additional Federal support for workers displaced by AI and, in consultation with the Secretary of Commerce and the Secretary of Education, strengthen and expand education and training opportunities that provide individuals pathways to occupations related to AI.” The NSF Director is also directed to “prioritize available resources to support AI-related education and AI-related workforce development through existing programs.” To help ensure the responsible development and deployment of AI in the education sector, the Secretary of Education is required to develop resources, policies, and guidance regarding AI, within 365 days of the signing of the order. The EO states, “These resources shall address safe, responsible, and nondiscriminatory uses of AI in education, including the impact AI systems have on vulnerable and underserved communities, and shall be developed in consultation with stakeholders as appropriate.” USED is also directed to develop an “AI toolkit” for education leaders implementing recommendations from the Department’s AI and the Future of Teaching and Learning report.

The EO builds on previous actions President Biden has taken, including work that led to the Blueprint for AI Bill of Rights and voluntary commitments from leading companies to drive safe, secure, and trustworthy development of AI. In a briefing about the EO, Special Advisor for AI Dr. Ben Buchanan emphasized that the EO is the most significant action that any government has taken toward AI, and that it was important to manage the risks of the technology.

U.S. Department of Education (USED):

USED releases final rules on accountability in higher education: On October 24, USED released final rules aimed at enhancing oversight and accountability for institutions of higher education. According to a fact sheet from USED, the new regulations are intended to protect students and taxpayers from institutions engaging in “risky behavior” and require institutions to provide adequate financial counseling and career services. The press release from USED also describes how the regulations increase monitoring and oversight of institution’s exhibiting warning signs through enhanced certification procedures, as well as the ways in which the rules establish clearer processes for students who do not have a high school diploma to access federal financial aid. According to The Century Foundation, the rules include requirements aimed at protecting students from enrolling in career training programs that do not lead to a professional licensure and “prohibit[s] colleges from withholding transcripts for periods during which the students’ credits were funded through federal financial aid and all the institutional charges have been paid.” Announcing the regulations, USED Under Secretary James Kvaal said, “Today’s regulations prioritize students and taxpayers and continue our work to fix a broken student loan system. They will help prevent fly-by-night colleges from leaving students and taxpayers holding the bag for shoddy educations.” The regulations will go into effect on July 1, 2024.

USED releases draft student loan debt relief regulations in advance of second session of the negotiated rulemaking committee: On October 30, USED released draft regulations aimed at providing federal student debt relief. The regulations were released in advance of the second session of negotiated rulemaking initiated following the Supreme Court’s decision in June 2023 to block the Biden Administration’s proposed student loan forgiveness plan. The draft regulatory text would provide debt relief to a number of different borrower groups, including those who currently have outstanding federal student loan balances that exceed what they originally borrowed and those who have loans that first entered repayment 25 or more years ago. The regulations would also provide relief for borrowers who took out loans to attend career training programs that created unreasonable debt loads, borrowers who attended institutions with “unacceptably high student loan default rates,” and borrowers who are eligible for relief under programs like income-driven repayment but have not applied. In conjunction with the draft regulations, USED released an issue paper with information and discussion questions for consideration during the second session of negotiated rulemaking, which was held on November 6 and 7. More information the second session of negotiated rulemaking can be found here. The third session of the negotiated rulemaking committee will be held December 11 and 12.

USED announces the Department will withhold payment to student loan servicer as accountability measure: On October 30, USED announced it will withhold payment to student loan servicer Higher Education Loan Authority of the State of Missouri (MOHELA) after student loan servicer errors were found by the Department. Following the monitoring of borrower accounts, USED’s Office of Federal Student Aid (FSA) found that MOHELA “failed to meet its basic obligation by failing to send billing statements on time to 2.5 million borrowers,” which resulted in 800,000 borrowers being delinquent on their loans. As a result, USED is withholding $7.2 million from MOHELA for the month of October. The Department also directed MOHELA to place all affected borrowers on forbearance “until the issue is resolved.” Following the announcement, FSA Chief Operating Officer Rich Cordray said, “Through vigorous monitoring of borrower accounts, we were able to detect these mistakes and take swift action to remedy them. We are committed to making things right for borrowers and holding our contractors accountable for errors when they do occur.”

USED hosts summit to highlight successes of the National Partnership for Student Success: On November 1, USED hosted the 2023 National Partnership for Student Success (NPSS) Summit to celebrate the learning recovery and progress made through the efforts of the NPSS. The NPSS was launched in July 2022 to support states, school districts, and youth-serving organizations in creating, expanding, and improving high-quality tutoring, mentoring, and other student-support programs. One of the Biden Administration’s primary goals of the program was to catalyze 250,000 adults into these high-impact support roles. The Summit celebrated progress toward meeting this goal with an estimated 187,000 individuals that have joined the effort in the 2022-2023 school year. In his remarks at the event, USED Secretary Miguel Cardona shared his gratitude for the organizations within the partnership and said, “I’m confident that with this strong, determined coalition, we can fast track student learning and student success.”

USED awards nearly $115 million to help increase educator compensation and promote educator diversity: On October 25, USED announced nearly $115 million in new awards through the Teacher and School Leader (TSL) Incentive program, which promotes educator diversity and career advancement opportunities for teachers that improve teacher retention. The 29 new awards were issued across 18 states. Specifically, the TSL grants help districts to address educator shortages by supporting teacher leadership opportunities and increasing compensation. Additionally, the FY2023 TSL grant competition included a competitive priority for activities that advance educator diversity and improve educator retention. Sharing the awards, USED Secretary Cardona said, “This nearly $115 million investment will help states and school districts recruit and retain new talent, increase compensation, and address educator shortages that we know disproportionately impact students from our communities of color, students from low-income backgrounds, students with disabilities, and English learners.”

Congress:

House Education and the Workforce Committee Ranking Member Scott and Senate HELP Committee Member Baldwin introduce tuition-free community college legislation: On October 19, House Education and the Workforce Committee Ranking Member Bobby Scott (D-VA), Committee Member Teresa Leger Fernandez (D-AZ), and Senate Health, Education, Labor, and Pensions (HELP) Committee Member Tammy Baldwin (D-WI) reintroduced H.R. 5998 and S. 3086, legislation that would make community college and two-year Tribal Colleges and Universities (TCUs) tuition-free. Named the “America’s College Promise Act of 2023,” the companion bills would create “a partnership between the federal government and states to waive tuition and fees for two years of community and technical college programs for eligible students” through a “sliding scale for federal cost share beginning at 100% for the first year and ending at 80% for the fifth and subsequent years.” Eligible institutions include those that offer academic credits that are transferable to their state’s four-year programs, or occupational training programs that lead to “recognized credentials.” The bill would also establish a new grant program that covers a significant portion of tuition and fees for the first two years of attendance for low-income students at Historically Black Colleges and Universities (HBCUs) and Minority-Serving Institutions (MSIs), including Hispanic-Serving Institutions (HSIs). Announcing the bill, Ranking Member Scott said, “Community colleges play a unique and vital role in providing students access to a quality postsecondary degree…This bill is one critical piece of our comprehensive plan to make quality higher education more affordable for students and families and developing a competitive 21st century workforce.”

Senate:

Senate HELP Subcommittee holds hearing on AI and future of work: On October 31, the Senate HELP Subcommittee on Employment and Workplace Safety held a hearing titled, “AI and the Future of Work: Moving Forward Together.” Specifically, the hearing focused on “how we can best ensure that workers are trained and empowered for the widespread integration of AI in the workplace and to discuss helpful ways for companies and workers to prepare to leverage AI in their workflows.” Witnesses included: Josh Lannin, Vice President of Productivity Technologies at Workday; Mary Kate Morley Ryan, Managing Director of Talent and Organization at Accenture; Tyrance Billingsley, Founder and Executive Director of Black Tech Street; and Bradford Newman, Partner/Leader of the AI Practice at Baker & McKenzie LLP and Co-Chairman of the AI Subcommittee for the American Bar Association.

Subcommittee Chairman John Hickenlooper (D-CO), in his opening remarks, talked about the need for a “better understanding of what AI integration looks like in different industries and the role for both the public and private sector,” as well as looking at “what more needs to be done at the federal level to make sure we get it right.” Chairman Hickenlooper continued, “And that’s maybe the biggest point we can make today. While many people think of the movies where AI replaces humanity, the reality is that, in many cases, AI will work hand in hand with American workers.”

Subcommittee Ranking Member Mike Braun (R-IN), in his opening remarks, spoke about his concern that, “We don't smother it, we could do that easily.” He went on to say, “generally we overregulate, by folks who don’t know the real world making all the rules.” Ranking Member Braun continued, “what we are being warned about, that it may be used for the wrong purpose is the essence of the journey we are on” and that he prefers to “err on the side of letting it breathe, letting it show what it can do, but also take into consideration [t]hat the people who know most about it [are] giving us an admonition to be careful with it.”

During the hearing, Senators asked questions about how workers can better utilize and leverage AI in their workplace and roles to further their own skills; incorporating AI literacy training for workers in small businesses and rural communities; and how to balance advances in AI with human critical analytic decision-making. As an example, Senator Ted Budd (R-NC) asked the witnesses about how businesses of all sizes can leverage AI. Senator Bob Casey (D-PA) highlighted the impact of AI on workers and how to ensure workers’ voices are included, so that they have a seat at the table. Senator Tim Kaine (D-VA) noted his support for allowing Pell Grants to be used for career and tech training and the importance of “moving from credentials to skills.”

House:

Mike Johnson elected Speaker of the House: On October 25, the U.S. House of Representatives elected Congressman Mike Johnson (R-LA) to serve as the Speaker of the House in a 220-209 vote. In a statement following his election, Speaker Johnson said, “The urgency of this moment demands bold, decisive action to restore trust, advance our legislative priorities, and demonstrate good governance.” Speaker Johnson continued, “As Speaker, I will ensure the House delivers results and inspires change for the American people,” and added his plans for the House to “advance a comprehensive conservative policy agenda.”

Prior to being elected Speaker, Representative Johnson sent a Dear Colleague letter to House Members outlining his proposed plan for completing the FY2024 appropriations process. The letter noted that Speaker Johnson hopes to bring the FY2024 Labor/HHS Appropriations bill to the House Floor during the week of November 13. Regarding a Continuing Resolution to fund the federal government, the letter proposes an extension through January 15 or April 15 to “ensure the Senate cannot jam the House with a Christmas omnibus.” Since being elected, Speaker Johnson has discussed support for a CR through January 15, according to The Hill.

House Appropriations Committee Chairwoman Kay Granger announces plans to retire: On November 1, House Appropriations Committee Chairwoman Kay Granger (R-TX) announced that she will not seek re-election in 2024. In her statement, she shared, “As the first female Mayor of Fort Worth, first Republican United States Congresswoman from Texas, and the first female Republican Appropriations Chair, I have been able to accomplish more in this life than I could have imagined.” Chairwoman Granger concluded, “I plan to serve out the remainder of my term and work with our new Speaker and my colleagues to advance our conservative agenda and finish the job I was elected to do.”

House Education and the Workforce Committee Chairwoman Foxx issues a subpoena to USED Secretary Cardona for information on borrower defense to repayment: On October 30, House Education and the Workforce Committee Chairwoman Virginia Foxx (R-NC) issued a subpoena to USED Secretary Cardona regarding documents related to borrower defense to repayment data. Borrower defense is a legal ground that forgives borrowers’ federal student loans if they have been defrauded by a postsecondary institution or an institution engaged in certain misconduct. In the cover letter to the subpoena, Chairwoman Foxx references commitments that Secretary Cardona made to Committee members to provide documents and data on borrower defense to repayment of student loans during a hearing on May 16, 2023. The letter notes that, “Contrary to the representations made at the hearing, the Committee has not received complete responses to every borrower defense request, and with respect to some of the requests, the Committee has received no response…As such, the Committee has determined that compulsory measures are necessary.” In a statement, Chairwoman Foxx said, “This is the first time the Committee has subpoenaed the Education Department, and it is a measure that I do not take lightly.” The subpoena requests the documents and data no later than November 14, 2023.

House Education and the Workforce Committee Chairwoman Foxx sends letter to USED Secretary Cardona regarding school prayer guidance: On November 2, House Education and the Workforce Committee Chairwoman Virginia Foxx (R-NC) sent a letter to USED Secretary Cardona regarding guidance that the Department released in May 2023, which revised previous guidance from January 2020. The letter states that the revised guidance “could undermine students’ rights, create ambiguity, and lead to schools infringing on the religious freedom of students.” Chairwoman Foxx goes on to say, “The Department’s 2023 Guidance revokes clear language protecting students’ religious freedom while at school and unnecessarily introduces doubt about which rights of students are protected. The Department should publicly and unequivocally state that the 2023 Guidance does not undermine these constitutionally protected rights.” The letter concludes asking several questions of the Department, including whether USED holds “that a school must respect a student’s decision to include religious views in a speech or communication so long as the student ‘retain[s] primary control over the content of [his or her] expression?’ " and “Does the Department hold that students’ personal religious speech may be censored if such speech is ‘disseminated under the school’s auspices?’ " among other questions.

House Veterans Affairs Subcommittee on Economic Opportunity holds hearing on legislation impacting student veterans: On November 2, the House Veterans’ Affairs (VA) Subcommittee on Economic Opportunity held a hearing to examine several bills, including legislation impacting student veterans. Specifically, the Subcommittee considered H.R. 3601, the “Student Veteran Work Study Modernization Act,” which would create a five-year pilot program to expand VA Work-Study program eligibility to student veterans who are pursuing academic programs on a least a half-time basis, as well as H.R. 3816, the “Veterans’ Entry to Apprenticeship Act,” which would make pre-apprenticeship programs eligible for veteran education benefits, such as the GI Bill.

In his opening statement, Subcommittee Chairman Derrick Van Orden (R-WI) noted his support for several of the bills stating, “A number of these proposals seek to improve the education experience for America's veterans and make it easier for veterans to receive accurate information about their options for using the GI Bill benefits. He also said the bills will “ensure that [veterans] get the best bang for their buck with the GI Bill.” Subcommittee Ranking Member Mike Levin (D-CA) used his opening remarks to call attention to several bills, including legislation that would expand access to science, technology, engineering, and math (STEM) scholarships, as well as online learning programs for veterans.

House Commerce Subcommittee Member Trahan and Representative Jacobs request information from USED on impacts of EdTech and AI in education: On October 19, House Energy and Commerce Subcommittee on Innovation, Data, and Commerce Member Lori Trahan (D-MA) and Representative Sara Jacobs (D-CA) wrote a letter to USED Secretary Cardona requesting information on the impacts of educational technology (EdTech) and AI in the classroom. The letter references a report from the Center for Democracy and Technology which found that students are increasingly being disciplined due to AI-powered monitoring software. The report also found that the increased discipline is disproportionately impacting marginalized groups, including students of color and LGBTQ+ students. The letter requests information on whether USED’s Office of Civil Rights (OCR) has received complaints alleging discrimination that involved EdTech and/or AI-driven technologies, and, if so, whether OCR has taken any enforcement actions against potential violations of civil rights law in related uses of EdTech and/or AI technologies. The lawmakers wrote that, “While the responsible use of AI in schools may enhance students’ educational experience, [the report’s] examples show a consistent pattern of negative impacts to students in protected classes related to educational technology, including AI-driven technologies. As schools develop and refine policies related to their use of AI, we urge the Department, in coordination with the Office of Science and Technology Policy, to provide clarity on how educators can fulfill their civil rights obligations.”

House Ways and Means Committee holds hearing on “educational freedom”: On October 25, the House Ways and Means Committee held a hearing titled, “Educational Freedom and Opportunity for American Families, Students, and Workers,” to “examine education tax policy that will empower students, families, and workers with the freedom to pursue the American dream.” Witnesses included: Corey DeAngelis, a Senior Fellow at the American Federation for Children; Hera Varmah, also with the American Federation for Children; Jerome Redmond, the CEO at American Truck Training; Sharon Sedlar, Founder of the PA Families for Education Choice; and Girard Melancon, Board Chair at the National Skills Coalition. Member statements and questions generally fell along partisan lines with Republican members highlighting their support for expanding federal 529 accounts for K-12 education or workforce training, while Democratic members argued that such programs would harm public education and provide benefits mostly to the wealthy.

In his opening statement, Committee Chairman Jason Smith (R-MO) commented that, “Parents today have serious concerns about their children’s access to affordable, quality education. The demand from parents to improve their school options is real.” Chairman Smith highlighted 529 savings plans and noted that, “In 2017, Republicans took the first step and allowed 529 accounts to cover K-12 education tuition up to $10,000. But 529 accounts could also be amended to cover other educational costs like books, tutoring to help kids catch up after multiple years of forced virtual school, educational therapies for students with disabilities, and supplies for the many families now choosing to homeschool.” Committee Ranking Member Richard Neal (D-MA), in his remarks, argued that the hearing topic was a “tangentially-related distraction from what this majority does best: cutting taxes for wealthy people.”

During witness testimony, DeAngelis spoke in “support of expanding education freedom through tax credit scholarships, such as those included in the Educational Choice for Children Act and through 529 expansion…[which] would supercharge the parental empowerment already being unleashed at the state level, most notably in red states, and expand opportunities to families in all states.” In her comments, Varmah shared her support for the tax-credit scholarship available in Florida, which “provided the opportunity for my siblings and me that simply would not have existed otherwise.”

Redmond argued for a “proposal [that] would allow for 529 plans to pay for career training and credentialing expenses, including truck driver training…it would allow college savings plans to become career savings plans.” Sedlar, a parent and founder of an advocacy organization for school choice in Pennsylvania, spoke about her family’s decision to leave their public school for private education. And finally, Melancon highlighted the need for more investment in worker training and made the case that, “...we need to intentionally open the door to millions of workers who want to train for a new career in infrastructure and clean energy— particularly workers of color, and women, who have been long been underrepresented in these sectors.”

House Subcommittee on Economic Growth, Energy Policy, and Regulatory Affairs holds hearing on importance of apprenticeships: On October 25, the House Oversight and Accountability Subcommittee on Economic Growth, Energy Policy, and Regulatory Affairs held a hearing titled, “The Power of Apprenticeships: Faster, Better Paths to Prosperous Jobs and Less Waste in Higher Education.” Witnesses included: Dr. Paul Winfree, President & CEO at the Economic Policy Innovation Center; Erin Davis Valdez, Policy Director at Next Generation Texas; Dr. Casey K. Sacks, President at Bridge Valley Community and Technical College; and Tony Ewing, President of Advanced Fixtures, Inc.

Subcommittee Chairman Pat Fallon (R-TX) opened the hearing by stating that the session “is not intended at all to be partisan in any way,” and was being held to have “a very constructive, and completely bipartisan discussion, hopefully, on America's need for highly skilled labor.” Chairman Fallon continued with examples of successful business owners who did not attend traditional four-year college programs and instead used their technical training to advance their business and participation in the workforce. Chairman Fallon added that given the increasing costs of higher education, career and technical programs can provide “another component of helping students with practical skills be successful.”

During her opening remarks, Subcommittee Ranking Member Cori Bush (D-MO) emphasized the importance of apprenticeships as pathways to well-paying jobs in high-skilled and demand industries, noting that apprenticeships filled “crucial staffing gaps left in the wake of the pandemic.” Ranking Member Bush also called attention to cuts included in the FY2024 House Labor/HHS Appropriations bill, stating that the bill “sought to eliminate funding for adult and youth job training programs under [the Workforce Innovation and Opportunity Act] - which will cut access for more than 400,000 adults and youths.”

During the hearing, witnesses addressed how apprenticeships can provide pathways from vocational and work-based learning to careers. Dr. Winfree stated that apprenticeships should involve “close partnerships with job creators” so that students “have access to cutting edge technical skills and mentorship by leaders in their fields.” Dr. Winfree also said America’s programs face challenges in their “perceived stigma,” adding that “many scholars have noted that vocational education in the U.S. has tended to segregate economically disadvantaged students, or as an alternative track for underperforming students.” Dr. Sacks highlighted work-based programs as a key strategy to developing “a more prepared workforce,” stating that the programs “integrate academic learning with real world experience.” Dr. Sacks highlighted examples of community colleges and secondary schools providing opportunities for students to earn money while working in their field of study, such as advanced manufacturing, technology, and the healthcare field. Dr. Sacks concluded her testimony stating, “By replicating models and expanding their scope, communities can create a robust educational infrastructure that aligns with workforce demands, fostering skilled workforce training to fill specific open positions, ready to tackle the challenges of the future.”

House Subcommittee on Work and Welfare holds hearing on implications of changing the poverty measure: On October 24, the House Ways and Means Subcommittee on Work and Welfare held a hearing titled, "Measuring Poverty: How the Biden Administration Plans to Redraw the Poverty Line and Rob Resources from Rural America." The hearing follows a May report from the National Academy of Sciences that recommended updating the Supplemental Poverty Measure and using a more comprehensive calculation to replace the Official Poverty Measure. Witnesses included: Kevin Corinth, Senior Fellow and Deputy Director of the Center on Opportunity and Social Mobility at the American Enterprise Institute (AEI); Douglas Besharov, Professor at the University of Maryland School of Public Policy; Bruce D. Meyer, McCormick Foundation Professor of Public Policy at the University of Chicago; David Hansen, Director of Educational Opportunities and Investments at Perry County Ohio Job and Family Services; and Elaine Maag, Senior Fellow at Urban-Brookings Tax Policy Center.

In his opening statement, Subcommittee Chairman Darin LaHood's (R-IL) noted that several federal benefit programs tie eligibility to the official poverty measure, including Medicaid, Supplemental Nutrition Assistance Program (SNAP), Head Start, the Social Services Block Grant, and the National School Lunch Program. Chairman LaHood said that when reviewing the potential changes to the poverty measure proposed by the Biden Administration and the impact on Medicaid and SNAP that “estimated government spending could rise by more than $124 billion [during] the next decade if the supplemental poverty measure was adopted,” according to AEI. Chairman LaHood noted that though, “President Biden, through the Office of Management and Budget, has sole authority to act on the National Academy of Sciences’ recommendation and change the official measure without Congressional approval…It is Congress's responsibility to set the poverty line and ensure government benefits are delivered fairly and equitably to those who need the most not the administration or unelected bureaucrats.”

Subcommittee Ranking Member Danny Davis (D-IL) shared in his opening remarks that “child poverty is a moral emergency” and emphasized the impact of the expanded Child Tax Credit in 2020 and 2021, stating that “child poverty precipitously dropped by almost half – the lowest rate on record.” Ranking Member Davis continued, stating that the Subcommittee should be taking action to restore the expanded Child Tax Credit, calling child poverty a “five alarm fire” and that the “focus on the minutiae of poverty measurement ignores the wide array of other indicators of the hardships that families experience – food insecurity, hunger, housing instability, homelessness, debt, or having the heat turned off.”

During the hearing, Congressman Blake Moore (R-UT) asked witness Kevin Corinth about the potential impact of increased federal spending should the poverty measure change, inquiring about whether it would “incentivize policymakers in those areas, to put in the right policy that will reduce costs over time the actual problem?” Mr. Corinth said, “It would have the opposite effect. These regulations that drive up things like housing costs, or the costs of childcare, are really the primary cause for why you have more spending on things like housing and child care. If you incentivize states to increase costs in order to get more allocations for federal grants, that would be a step in the wrong direction. We should follow the increasingly bipartisan consensus that we need to take on the supply side [and] reduce regulations, so we can build more housing, and make more people able to afford basic needs.”

Upcoming Events (Congress & Administration):

  • On November 13 from 10:00 a.m. to 12:30 p.m., the Historically Black Colleges and Universities (HBCU) Capital Financing Advisory Board will host a hybrid meeting. The meeting will consist of an update from the Executive Director of the HBCU Capital Financing Program and discussion of several recommendations from the Board to the Secretary and to Congress. Members of the public interested in submitting written comments may do so via email to Donald Watson donald.watson@ed.gov, no later than 11:59pm EST on November 9, 2023. More information is here.

  • On November 13-15 from 11:00 a.m. to 5:00 p.m., the Veterans' Advisory Committee on Education will host a virtual meeting. ​​The purpose of the meeting will be for the Committee to hear reports from the Modernization, Veteran Vocational Education and Training Programs, and Distance Learning Subcommittees, to hear other updates and briefings, and to discuss potential 2023 recommendations. More information is here.

  • On November 13 at 4:00 p.m., the House Rules Committee will meet to consider amendments and a path to bringing, H.R. 5894, the “FY2024 House Labor/HHS Appropriations bill" to the House floor. More information is here.

  • On November 14 at 10:15 a.m., the House Education and the Workforce Subcommittee on Higher Education and Workforce Development will hold a hearing titled, “Confronting the Scourge of Antisemitism on Campus.” Witnesses have not yet been announced. More information is here.

  • On November 15 and 16 beginning at 9:30 a.m., the National Science Foundation’s Advisory Committee for STEM Education will host a hybrid meeting. The meeting theme will be, “A Time to Reflect, A Time to Progress.” The agenda features sessions on the past year’s work, broadening participation in STEM in the context of the new legal landscape, and diversity, equity, inclusion, and accessibility. The complete agenda is here and public participants may attend the meeting virtually by registering 48 hours prior to the meeting here.

  • On November 15 at 2:00 p.m., the House Ways and Means Committee will hold a hearing titled, “From Ivory Towers to Dark Corners: Investigating the Nexus Between Antisemitism, Tax-Exempt Universities, and Terror Financing.” Witnesses have not yet been announced. More information is here.

  • On November 16 from 8:30 a.m. to 6:00 p.m. and November 17 from 9:00 a.m. to 2:30 p.m., the National Assessment Governing Board (NAGB) will host a hybrid Quarterly Board Meeting. USED Secretary Cardona will deliver opening remarks for the meeting, which will also include remarks from NAGB’s Executive Director Lesley Muldoon and the National Center for Education Statistics (NCES) Commissioner Peggy Carr. The meeting will feature a session titled, “AI and National Assessment for Educational Progress (NAEP).” Additionally, NAGB members will consider the NAEP assessment schedule, budget, and 2028 NAEP Science Assessment Framework. The meeting will also include discussion with the State Policy Task Force and the Trial Urban District Assessment Task Force, as well as meetings of the Assessment Development Committee; Committee on Standards, Design and Methodology; and Reporting and Dissemination Committee. Members of the public must register in advance to attend the virtual meetings. More information, registration, and agenda are here. The Federal Register notice announcing the meeting, which includes information on submitting written comments is here.

  • From November 28 to December 1, the USED Office of Federal Student Aid (FSA) will host its annual 2023 FSA Training Conference. More information and registration are here.

Upcoming Events (Outside Organizations):

  • On November 14 at 9:00 a.m., the Center for Universal Education (CUE) at the Brookings Institution will host a webinar titled, “How to scale your innovation: Lessons from Research on Scaling the Impact of Innovations in Education.” Presenters will share insights from the Research on Scaling the Impact of Innovations in Education (ROSIE) initiative and challenge conventional scaling perspectives. Presenters include: Brad Olsen, Senior Fellow for Global Economy and Development at the CUE; Jenny Perlman Robinson, Nonresident Senior Fellow for Global Economy and Development at the CUE; Leonardo Garnier, Special Adviser to the UN Secretary General on Transforming Education; Tricia Wind, Program Leader for Global Partnerships for Education Knowledge and Innovation Exchange at the International Development Research Centre; and Luis Crouch, Emeritus Senior Economist at RTI International, among others. More information and registration are here.

  • On November 14 at 1:00 p.m., the American Enterprise Institute (AEI) will host a hybrid event titled, “Charting the Course for Generative AI in Education.” The event will explore how AI technologies could raise the potential of personalized learning, adaptive tutors, and new tools to enhance teaching. Speakers include: Roberto Rodriguez, USED Assistant Secretary for the Office of Planning, Evaluation, and Policy Development; Kevin Johnstun, USED Program Specialist for the Office of Educational Technology; John Bailey, Nonresident Senior Fellow at AEI; Claire Zau, Vice President at GSV Ventures; and Kristen DiCerbo, Chief Learning Officer at Khan Academy, among others. More information and registration are here.

  • On November 15 at 12:00 p.m., the Edunomics Lab team will host a webinar titled, “What happens to K-12 nonprofits and vendors when ESSER ends?” Director of the Edunomics Lab Dr. Marguerite Roza will present ways in which nonprofits and vendors should navigate the market changes in the coming years and which states will see the largest impacts following the end of American Rescue Plan (ARP)’s Elementary and Secondary School Emergency Relief Funds (ESSER). More information and registration are here.

  • On November 15 at 1:00 p.m., the National Center for Grow Your Own will host a webinar titled, “Registered Apprenticeships for K-12 Principals: A New Option to Build Your Principal Pipeline.” The webinar will feature state leadership from the North Dakota Department of Public Instruction to discuss how North Dakota became the first state in the nation to create a registered apprenticeship for K-12 principals. Attendees will learn the logistics and details of creating registered apprenticeships for principals. More information and registration are here.

  • On November 16 at 2:00 p.m., the National Center for Grow Your Own will host a webinar titled, “The Role of State Apprenticeship Agencies with K-12 Teacher Registered Apprenticeships.” State apprenticeship leaders will present ways for states, districts, and educator preparation providers to launch registered apprenticeship programs for aspiring K-12 teachers. The leaders will share how they have led registered apprenticeships in their states, how they are approaching the teacher registered apprenticeships, and the benefits of this work for employers and future apprentices. Presenters include: Josh Laney of Alabama, David Polk of Wisconsin, and Kathleen Taylor of Florida. More information and registration are here.

  • On November 16 at 2:00 p.m., EducationWeek will host a webinar titled, “Making Learning Recovery Work.” The event will consider the progress made in pandemic-related learning recovery and highlight recent reporting on some of the schools and districts that have figured it out. More information and registration are here.

  • On November 16 at 3:30 p.m., the National Center for Grow Your Own will host a webinar titled, “Strengthening the Educator Workforce Through the National Registered Apprenticeship in Teaching District Network.” Presenters from Saginaw Independent School District (ISD) in Michigan, Ector County ISD in Texas, and Appoquinimink School District in Delaware will share how they are approaching registered apprenticeships teaching in their districts, their engagement with the National Registered Apprenticeship in Teaching District Network, and what their future plans are for this work. More information and registration are here.

Publications (Congress & Administration):

  • On October 25, the National Center for Education Statistics (NCES) published a new report titled, “Revenues and Expenditures for Public Elementary and Secondary School Districts: FY 21.” The report includes data on public elementary and secondary education revenues and expenditures at the local education agency (LEA) or school district level for FY2021. The information is organized into tables on several topics, including current expenditure totals and current expenditure per pupil amounts by state, as well as for the 100 largest LEAs, and federal, state, and local revenues for the 100 largest LEAs. Additionally, the data covers median revenues per pupil, median current expenditures per pupil by geographic region and locale, and federal revenues received by LEAs, by program and state.

  • On October 31, the Institute for Education Sciences (IES) published a new brief titled, “Practical Strategies for Recruiting Districts and Schools for Education Impact Studies.” The brief is designed to help researchers that are newer to work on school-based impact studies recruit schools that represent the study's population of interest, so that the findings are more actionable for educators. The practical strategies outlined in the brief are organized into four primary topics: attention to urgent priorities and needs, limited staff capacity, commitment to fairness and collaborative practices, and protection of student and staff privacy.

  • On October 15, the Consumer Financial Protection Bureau (CFPB) published a report titled, “Report of the CFPB Education Loan Ombudsman.” The CFPB report – which analyzed the 9,284 student loan complaints submitted by consumers from September 1, 2022, through August 31, 2023 -- found that across the federal and private student loan markets failures on the part of industry participants are excluding some borrowers from protections and benefits intended for them under law. The report writes that the uptick in complaints regarding servicing and collection of federal student loans “coincides with ongoing systemic changes to the federal student loan system” and “borrowers anticipating the return to repayment of federal student loans for the first time in over three years.” The complaints presented three key risks for federal borrowers, including customer service problems, errors related to basic loan administration, and problems accessing loan cancellation.

Publications (Outside Organizations):

  • On October 19, the Center for American Progress (CAP) published a new article titled, “The Child Care Sector Is Still Struggling To Hire Workers.” The article finds that the child care industry has not made sufficient progress in regaining the jobs lost during the pandemic and is operating “well below pre-pandemic levels.” The article references data from September 2023 that indicates the child care sector was still down about 39,400 workers compared with February 2020 levels, indicating that it would take another 12 months from that point, until September 2024, for the sector to recover these jobs. This data is in contrast to the demand for child care workers and recovery from the overall labor market, both of which exceed pre-pandemic levels. The article writes that the child care workforce faces challenges, such as low wages, lack of benefits and advancement opportunities, and difficult working conditions, all of which contribute to its delayed recovery. The article concludes that in absence of federal funding to support this sector, states should invest in the early education workforce in order to increase access to care for families and children.

  • On October 23, the Afterschool Alliance released a report titled, “Investments in Student Recovery: A Review of School Districts’ Use of American Rescue Plan Funding to Support Afterschool and Summer Opportunities.” The report looked at the 6,315 school districts with ESSER spending plans to examine how school districts are using those funds for afterschool and summer programming. The report found that 82% of the 6,315 school district spending plans researchers reviewed specify allocation of ESSER funds to afterschool or summer programming to address learning loss through interventions that respond to students’ academic, social, and emotional needs. That general category includes tutoring, Saturday school, comprehensive afterschool and summer learning programs, and more. Additionally, tutoring and academic supports, without enrichment, is the most common way districts are investing ESSER funds devoted to afterschool programming. Of the 3,988 school district plans that mention afterschool, just 19% are using ESSER funds for afterschool programs that offer both academic and enrichment components.

  • On October 23, the State Higher Education Executive Officers Association (SHEEO) published a new report titled, “National And State Impacts Of FAFSA Simplification.” Following the passage of the FAFSA Simplification Act in 2020, the report outlines the positive impacts of the legislation, including how the process of applying for federal aid will be simpler and more accessible. The report also discusses the changes to the Student Aid Index, the formula by which a student’s financial aid eligibility is determined, and Pell Grant Awards, which are given to students with exceptional financial need. The report also outlines other impacts of FAFSA simplification, including the impacts and potential changes to state grant programs.

  • On October 24, the Collaborative for Academic, Social, and Emotional Learning (CASEL) published a new brief titled, “Supporting Parent and Family Engagement to Enhance Students’ Academic, Social, and Emotional Learning.” The brief explores opportunities for how states and districts can leverage the Every Student Succeeds Act (ESSA) to help strengthen family engagement in support of students’ academic, social, and emotional learning. It also includes key recommendations to states and districts to support and advance this work, particularly using formula-funded ESSA programs.

Legislation:

Introduced in the House of Representatives:

H.R. 6031
A bill to address and take action to prevent bullying and harassment of students.

Sponsor: Rep. Linda Sánchez (D-CA)

H.R. 6039
A bill to provide that chapter 1 of title 9 of the United States Code, relating to the enforcement of arbitration agreements, shall not apply to enrollment agreements made between students and certain institutions of higher education, and to prohibit limitations on the ability of students to pursue claims against certain institutions of higher education.

Sponsor: Rep. Maxine Waters (D-CA)

H.R. 6041
A bill to reauthorize the Runaway and Homeless Youth Act, and for other purposes.

Sponsor: Rep. Suzanne Bonamici (D-OR)

H.R. 6042
A bill to require the Secretary of Labor to award grants for promoting industry or sector partnerships to encourage industry growth and competitiveness and to improve worker training, retention, and advancement as part of an infrastructure investment.

Sponsor: Rep. Suzanne Bonamici (D-OR)

H.R. 6043
A bill to amend the Workforce Innovation and Opportunity Act to raise public awareness for skilled trade programs, and for other purposes.

Sponsor: Rep. Suzanne Bonamici (D-OR)

H.R. 6044
A bill to promote registered apprenticeships and other work-based learning programs for small and medium-sized businesses within in-demand industry sectors, through the establishment and support of industry or sector partnerships.

Sponsor: Rep. Suzanne Bonamici (D-OR)

H.R. 6050
A bill to amend the Internal Revenue Code of 1986 to permit kindergarten through grade 12 educational expenses to be paid from a 529 account.

Sponsor: Rep. Kevin Hern (R-OK)

H.R. 6052
A bill to amend the Individuals with Disabilities Education Act to improve provisions relating to dyslexia, and for other purposes.

Sponsor: Rep. Erin Houchin (R-IN)

H.R. 6056
A bill to direct the Secretary of Defense to submit to the Committees on Armed Services of the Senate and House of Representatives a report on at-home child care programs of the Department of Defense, and for other purposes.

Sponsor: Rep Susie Lee (D-NV)

H.R. 6067
A bill to amend the Richard B. Russell National School Lunch Act to improve the child and adult care food program, and for other purposes.

Sponsor: Rep. Suzanne Bonamici (D-OR)

H.R. 6075
A bill to establish a program to make grants to institutions of higher education to provide courses relating to critical legacy computer languages, and for other purposes.

Sponsor: Rep. Matt Cartwright (D-PA)

H.R. 6077
A bill to amend the Higher Education Act of 1965 to reinstate the authority of the Secretary of Education to make Federal Direct Stafford Loans to graduate and professional students.

Sponsor: Rep. Judy Chu (D-CA)

H.R. 6079
A bill to strengthen protections against child labor violations, and for other purposes.

Sponsor: Rep. Rosa DeLauro (D-CT)

H.R. 6086
A bill to amend the Elementary and Secondary Education Act of 1965 to require that annual State report cards reflect the same race groups as the decennial census of population.

Sponsor: Rep. Pramila Jayapal (D-WA)

H.R. 6091
A bill to amend the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to make grants to States for assistance in hiring additional school-based mental health and student service providers.

Sponsor: Rep. Barbara Lee (D-CA)

H.R. 6124
A bill to direct the Secretary of Education to establish a pilot program to award competitive grants for the integration of cybersecurity education, and for other purposes.

Sponsor: Rep. Glenn Thompson (R-PA)

H.R. 6134
A bill to amend the Higher Education Act of 1965 to require certain institutions of higher education to provide notice of tuition levels for students.

Sponsor: Rep. Matt Cartwright (D-PA)

H.R. 6135
A bill to implement Title IX of the Education Amendments of 1972 with respect to elementary and secondary schools, and for other purposes.

Sponsor: Rep. Sean Casten (D-IL)

H.R. 6136
A bill to amend the Workforce Innovation and Opportunity Act to authorize the Reentry Employment Opportunities Program, and for other purposes.

Sponsor: Rep. Danny Davis (D-IL)

H.R. 6150
A bill to amend the National Security Act of 1947 to include school security as an element of the National Security Strategy, and for other purposes.

Sponsor: Rep. John James (R-MI)

H.R. 6151
A bill to encourage local educational agencies to inform parents about gun safety, and for other purposes.

Sponsor: Rep. John James (R-MI)

H.R. 6156
A bill to require the Administrator of the Small Business Administration to designate a point of contact for for-profit child care providers, submit a report to Congress, and for other purposes.

Sponsor: Rep. Greg Landsman (D-OH)

H.R. 6165
A bill to amend the Higher Education Act to require disclosure of certain foreign investments within endowments.

Sponsor: Rep. Burgess Owens (R-UT)

H.R. 6166
A bill to amend the Workforce Innovation and Opportunity Act to identify or develop assessments to measure the prior knowledge, skills, competencies, and experiences of an individual, and for other purposes.

Sponsor: Rep. Elise Stefanik (R-NY)

H.R. 6202
A bill to divert Federal funding away from supporting the presence of police in schools and toward evidence-based and trauma informed services that address the needs of marginalized students and improve academic outcomes, and for other purposes.

Sponsor: Rep. Ayanna Pressley (D-MA)

H.R. 6204
A bill to provide for a grant program to support access to free eye care services for students attending public elementary schools and secondary schools.

Sponsor: Rep. Adam Schiff (D-PA)

H.Res. 814
A resolution expressing support for the recognition of October 2023 as "National Dyslexia Awareness Month".

Sponsor: Rep. Bruce Westerman (R-AR)

H.Res. 825
A resolution condemning antisemitism on college campuses.

Sponsor: Rep. Kevin Kiley (R-CA)

H.Res. 829
A resolution condemning antisemitism at institutions of higher education in the United States and encouraging college and university leaders, administrators, and faculty to speak out against antisemitism.

Sponsor: Rep. David Kustoff (R-TN)

 

Introduced in the Senate:

S. 3105
A bill to address and take action to prevent bullying and harassment of students.

Sponsor: Sen. Bob Casey (D-PA)

S. 3107
A bill to provide that chapter 1 of title 9 of the United States Code, relating to the enforcement of arbitration agreements, shall not apply to enrollment agreements made between students and certain institutions of higher education, and to prohibit limitations on the ability of students to pursue claims against certain institutions of higher education.

Sponsor: Sen. Dick Durbin (D-IL)

S. 3121
A bill to amend the Individuals with Disabilities Education Act to improve provisions relating to dyslexia, and for other purposes.

Sponsor: Sen. Bill Cassidy (R-LA)

S. 3133
A bill to amend the Workforce Innovation and Opportunity Act to authorize the Reentry Employment Opportunities Program, and for other purposes.

Sponsor: Sen. Gary Peters (D-MI)

S. 3142
A bill to amend the Fair Labor Standards Act of 1938 to expand the prohibition related to child labor, and for other purposes.

Sponsor: Sen. Marco Rubio (R-FL)

S. 3152
A bill to amend the Elementary and Secondary Education Act of 1965 to require that annual State report cards reflect the same race groups as the decennial census of population.

Sponsor: Sen. Mazie Hirono (D-HI)

S. 3162
A bill to improve the requirement for the Director of the National Institute of Standards and Technology to establish testbeds to support the development and testing of trustworthy artificial intelligence systems and to improve interagency coordination in development of such testbeds, and for other purposes.

Sponsor: Sen. Ben Ray Lujan (D-NM)

S. 3184
A bill to require institutions of higher education to include reporting regarding campus anti-Semitism in the annual security report required under the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, to ensure that institutions of higher education do not support terrorist activity of foreign terrorist organizations, and for other purposes.

Sponsor: Sen. Marco Rubio (R-FL)

S. 3205
A bill to require Federal agencies to use the Artificial Intelligence Risk Management Framework developed by the National Institute of Standards and Technology with respect to the use of artificial intelligence.

Sponsor: Sen. Jerry Moran (R-KS)

S. 3214
A bill to divert Federal funding away from supporting the presence of police in schools and toward evidence-based and trauma informed services that address the needs of marginalized students and improve academic outcomes, and for other purposes.

Sponsor: Sen. Chris Murphy (D-CT)

S.Res. 427
A resolution calling on Congress, schools, and State and local educational agencies to recognize the significant educational implications of dyslexia that must be addressed and designating October 2023 as "National Dyslexia Awareness Month".

Sponsor: Sen. Bill Cassidy (D-LA)

S.Res. 437
A resolution condemning antisemitism at institutions of higher education in the United States and encouraging college and university leaders, administrators, and faculty to speak out against antisemitism.

Sponsor: Sen. Marsha Blackburn (R-TN)