The information covered below is from September 27, 2024, through October 10, 2024.

Highlights:

• On October 3, U.S. District Court Judge Matthew Schelp from the Eastern District of Missouri blocked the Biden Administration’s most recent efforts to provide student debt relief.
• On October 1, the U.S. Department of Education began the beta testing period for the 2025-2026 Free Application for Federal Student Aid (FAFSA) cycle and released new resources to support the financial aid community and students and families in preparing to complete the FAFSA form.
• On September 26, President Joe Biden issued an Executive Order on Combating Emerging Firearms Threats and Improving School-Based Active-Shooter Drills.

Nominations and Personnel:

U.S. Department of Education (USED) Secretary Cardona appoints members to National Assessment Governing Board: On October 1, USED Secretary Cardona announced the appointment of two new members and four reappointed members to the National Assessment Governing Board (NAGB), which oversees the National Assessment for Educational Progress (NAEP), known as the “Nation's Report Card.” The two new members include Danielle Gonzales and Jared Solomon. Gonzales is a former educator and currently a senior fellow at the One Generation Fund, as well as the school board president for Albuquerque Public Schools. She previously held roles at the Bill & Melinda Gates Foundation, New Mexico First, and the Aspen Institute, among other roles. Solomon is also a former educator and currently serves as a delegate for the 18th district in the Maryland House of Delegates where he is the deputy speaker pro tem and chair of the Oversight Committee on Personnel. He previously served as staff member for the U.S. Senate and in the Chancellor’s Office of the DC Public Schools, among other roles. Secretary Cardona also reappointed four current Governing Board members: Suzanne Lane, Professor Emeritus of the University of Pittsburgh’s School of Education; Julia Rafal-Baer, Managing Partner of the ILO Group; Ron Reynolds, Executive Director Emeritus of the California Association of Private School Organizations; and Mark White, State Representative for District 83 in Tennessee.

Administration:

White House:

President Joe Biden issues Executive Order on improving school-based active-shooter drills: On September 26, President Joe Biden issued an Executive Order (EO) on Combating Emerging Firearms Threats and Improving School-Based Active-Shooter Drills. The EO requires the Secretary of Education and the Secretary of Homeland Security, in coordination with the Attorney General, the Secretary of Health and Human Services, and the Surgeon General, to develop and publish information about school-based active-shooter drills for schools and institutions of higher education within 110 days of the order. The agencies must provide a summary of existing research and recommendations on active-shooter drills, including how educators can collaborate within schools to implement drills that effectively prepare a response to school-based active-shooter situations. Additionally, the agencies must summarize resources available on school-based active-shooter drills, including information on the types of drills that may be appropriate to prepare students and educators for school-based active-shooter situations and how to create, implement, and evaluate evidence-informed, effective, and age- and developmentally appropriate school-based drills. The EO also requires the agencies to develop and publish information on recommended areas for future research that can help inform policymakers and educators about different types of school-based active-shooter drills, the appropriate frequency of such drills, and the effects of such drills on students and educators. Remarking on the EO, President Biden stated, “The lack of guidance today on how to prepare students while minimizing the trauma of active shooter drills — it’s unacceptable. We just have to do better, and we can do better.”

White House hosts convening of state leaders on child care: In September, the White House hosted 34 state leaders to discuss state actions to make child care more affordable for working families, increase child care provider supply, and improve job quality for child care workers. During the convening, state leaders shared the progress they have made since a 2023 White House convening, including successes from the most recent state legislative session, and discussed steps for further state action, such as serving more working families, lowering costs, and supporting providers. White House officials highlighted successes from Maryland and Pennsylvania, which invested in high-quality workforce approaches, such as registered apprenticeship and pre-apprenticeship programs and supportive services.

White House highlights National Partnership for Student Success (NPSS) has exceeded its goal and announces new efforts to support student outcomes improvement: On October 10, the White House hosted an event to celebrate the Biden Administration exceeding the goal of recruiting 250,000 new tutors, mentors, and student success and postsecondary transition coaches across the country. In response to the need for pandemic-related student support in 2021, President Biden, through the NPSS and in collaboration with the USED, AmeriCorps, and the Everyone Graduates Center at the Johns Hopkins University, called for the recruitment of an additional 250,000 adults into high-impact student roles by the summer 2025 to support academic success for all students. At the White House event, White House Domestic Policy Advisor Neera Tanden announced that as of the end of the 2023-2024 school year, an additional 320,000 adults have stepped into these roles in schools, exceeding President Biden’s goal and doing so a year early. USED Secretary Miguel Cardona remarked, “When young people have trusted adults who they can count on in their life, they’re more likely to do better in school.”

At the event, the NPSS also announced new efforts to improve student outcomes, including a third cycle of microgrants through the Leon Lowenstein Foundation to support the creation, scale, and piloting of evidence-based and people-powered student supports. Additionally, the National Student Support Accelerator launched a new tool for school districts to evaluate their own tutoring programs for alignment with evidence-based practice and build internal plans for improvement. The NPSS also highlighted a recently-published playbook from City Year that is designed to guide leaders building a program for student success coaching.

U.S. Department of Education (USED):

USED launches 2025-2026 Free Application for Federal Student Aid (FAFSA) beta testing period and releases new resources: On October 1, the USED began the beta testing period for the 2025-2026 FAFSA cycle. Previously, the USED announced that beginning October 1, 2024, the 2025-2026 FAFSA form would be available to individuals selected to participate in a limited beta release – primarily, students recruited to participate in in-person FAFSA completion sessions by community-based organizations (CBOs) during Beta 1. According to the USED, the goal of the phased rollout of the 2025-2026 FAFSA form is to allow the Department to test and resolve issues before making the form available to all students, recognizing the challenges of the 2024-2025 FAFSA cycle. Beta 1 will continue through the first half of October; Beta 2 will begin in mid-October; Beta 3 will begin in early November; and Beta 4 will begin in mid-November. Participants in each beta period are tasked with recruiting a growing number of students to fill out the FAFSA form. The Department will make the application available to all students on or before December 1, 2024.

In conjunction with the launch of the beta testing period, the USED released new resources to support the financial aid community and students and families in preparing for the 2025-2026 FAFSA cycle, including an updated 2025–26 FAFSA prototype to provide the financial aid community an opportunity to gain a deeper understanding of the FAFSA user experience ahead of its release. Additionally, the resources include a revised Federal Student Aid Estimator, which provides an estimate of the 2025-2026 Student Aid Index (SAI) and federal Pell Grant eligibility calculation, and a new stand-alone ‘parent wizard’ on StudentAid.Gov to help students and families determine who will need to provide contributor information prior to starting the form.

USED Secretary Cardona visits Florida to discuss STEM Education during Hispanic Heritage Month: On October 3, USED Secretary Miguel Cardona traveled to Orlando, Florida, with Representative Darren Soto (D-FL) to tour NeoCity Academy, a project-based STEM Choice Program. Secretary Cardona and Representative Soto spoke with students and faculty about STEM education, as well as how career and technical education programs can support student success. The USED noted that the visit was intended to support the Department in learning more about aligning its K-12 education, higher education, and workforce systems to ensure a sustainable and skilled workforce.

Biden-Harris Administration awards $67 Million in new grants through Magnet Schools Program and Fostering Diverse Schools Grants: On October 1, the USED announced $65.4 million under the Magnet Schools Assistance Program (MSAP) for 12 new awards and $1.7 million for two new awards under the Fostering Diverse Schools Demonstration Grant (FDS) program. The MSAP awards will support 37 magnet schools across 11 states with academically challenging and innovative instructional approaches to promote desegregation, increase academic achievement, and build educator capacity. The FDS awards will support voluntary local and state efforts to enrich student educational experiences and create more diverse and inclusive school communities. In a statement on the new awards, USED Secretary Miguel Cardona noted, “When students learn alongside those from different backgrounds, their horizons broaden, and more equitable access to enriching, well-rounded education can be achieved. These new awards will help us raise the bar for academic achievement and educational equity—supporting schools and districts in building enriching, diverse, and inclusive school communities.”

USED and Federal Communications Commission (FCC) launches the Schools and Libraries Cybersecurity Pilot Program and Cybersecurity Resource Guide: On October 2, the USED and FCC launched the Schools and Libraries Cybersecurity Pilot Program, which will provide up to $200 million to selected participants over a three-year period to purchase a wide variety of cybersecurity services and equipment. The program will evaluate the effectiveness of using Universal Service funding to support cybersecurity services and equipment to protect school and library broadband networks and data to determine whether to provide funding for this purpose on a permanent basis. In conjunction with the launch of the pilot program, the agencies released Cybersecurity Resource Recommendations to help schools and libraries evaluate their cybersecurity risks and identify the most impactful cybersecurity solutions. FCC Chairwoman Jessica Rosenworcel stated that the program will allow for the opportunity “to better understand what equipment, services, and tools will help protect school and library broadband networks from cyberthreats.”

USED announces awards for Comprehensive Centers Program: On September 27, the USED announced awards for the 2024-2029 Comprehensive Centers Program. The 2024-2029 Comprehensive Center network includes one National Comprehensive Center, 14 Regional Centers, and four new Content Centers. The four new Content Centers will provide capacity-building services focused on specific content areas, including a Center on English Learners and Multilingualism; Center for Early School Success; Center on Fiscal Equity; and Center on Strengthening and Supporting the Educator Workforce. Westat, Inc. will operate the National Comprehensive Center, which will continue to provide high-quality, high-impact technical assistance and capacity-building services designed to improve educational opportunities, educator practice, and student outcomes. The Regional Centers will continue to provide intensive capacity-building services to one or more States to identify, implement, and sustain effective evidence-based practices that support improved educator and student outcomes. During the prior award cycle, there had been 19 Regional Centers and the National Comprehensive Center. Information on the Comprehensive Center network can be found here and the 2024-2029 awards can be found in the Project Abstracts which are available here.

USED names 200 institutions eligible to apply under inaugural Postsecondary Student Success Recognition Program: On October 8, the USED announced the top 200 institutions – 100 predominantly bachelor’s degree granting institutions and 100 predominantly associate’s or certificate granting institutions – eligible to apply under the inaugural Postsecondary Student Success Recognition Program. The Postsecondary Student Success Recognition Program was first announced in April 2024, as a nonmonetary recognition program designed to uplift institutions of higher education that support all students to complete affordable credentials of value that prepare them for success. The Department identified the 200 institutions using publicly available data on key indicators, including the extent to which institutions: enroll low-income students and students of color in their state; help those students graduate or transfer successfully; and prepare them to enter the career of their choice and enjoy upward mobility. The USED noted that 75% of predominantly bachelor’s institutions and nearly 90% of predominantly associate or certificate institutions on the list are Minority-Serving Institutions or eligible for the Strengthening Institutions Program, which focuses on institutions serving large proportions of low-income students. Applications for the program are open until November 1, 2024. More information on the application process is here.

Government Accountability Office (GAO) issues report on USED’s communication with federal student loan borrowers following COVID-19 pandemic repayment pause: On October 10, the GAO issued a report examining information on how the USED communicated with borrowers regarding resuming student loan payments and temporary student loan relief options following the COVID-19 pandemic repayment pause. After interviewing USED officials and reviewing the Department’s and student loan servicers’ written communication with borrowers, the GAO found that the USED utilized various methods to communicate with borrowers about resuming their student loan payments in October 2023, when the repayment pause ended. Communication was done through emails, text messages, social media posts, and its website, including targeted additional outreach to certain borrowers who it determined were at higher risk of late or missed payments. The report also notes that the USED provided information about temporary loan relief available to certain borrowers via email, postal mail, and its website. House Education and the Workforce Committee Ranking Member Bobby Scott (D-VA), who requested that the GAO investigate USED’s communication, commented on the report, saying, “I applaud the Department of Education for their efforts to help educate borrowers about returning to repayment and prevent[ing] borrowers from inadvertently going into delinquency. This report shows that the new repayment plan and temporary relief options the Department offered, such as Fresh Start, worked.”

U.S. Department of Agriculture (USDA):

U.S. Department of Agriculture (USDA) announces $1.7 billion to direct local food to schools and child care facilities: On October 1, the USDA announced an investment of $1.7 billion for the purchase of locally and regionally produced foods for schools, child care facilities, and emergency food providers. The funding, provided by the Commodity Credit Corporation (CCC), will be provided in two tranches: $1.2 billion to support local food purchases with schools, child care facilities, food banks, and other institutions, and $500 million to purchase domestic commodities for emergency food providers. Notably, $200 million of the funds will be provided to child care facilities that typically face financial challenges in purchasing local food.

U.S. Courts:

Oklahoma Catholic Charter school and Oklahoma Statewide Charter School Board petition U.S. Supreme Court to hear case allowing religious public schools: On October 7, St. Isidore of Seville Catholic Virtual School – which is a proposed Christian charter school – and the Oklahoma Statewide Charter School Board petitioned the U.S. Supreme Court to reverse the decision of the Oklahoma Supreme Court, which ruled the religious charter school unconstitutional. The Oklahoma Supreme Court’s 6-2 decision stated that, “Under Oklahoma law, a charter school is a public school. As such, a charter school must be nonsectarian. However, St. Isidore will evangelize the Catholic faith as part of its school curriculum while sponsored by the State. This State's establishment of a religious charter school violates Oklahoma statutes, the Oklahoma Constitution, and the Establishment Clause.” Oklahoma Governor Kevin Stitt rebuked the decision, stating, “Religious freedom is foundational to our values, and today's decision undermines that freedom and restricts the choices available to Oklahomans.”

Federal judge blocks Biden Administration student debt forgiveness plan: On October 3, U.S. District Court Judge Matthew Schelp of the Eastern District of Missouri blocked the Biden Administration’s most recent efforts to provide student debt relief. The preliminary injunction prevents the Biden Administration from implementing relief to groups of borrowers announced in April, including borrowers who owe more now than they did at the start of repayment, borrowers who have been in repayment for decades, borrowers who are otherwise eligible for loan forgiveness but have not yet applied, and borrowers who enrolled in low-financial value programs. Judge Schelp wrote in the decision, “Allowing Defendants to eliminate the student loan debt at issue here would prevent this Court, the U.S. Court of Appeals, and the Supreme Court from reviewing this matter on the backend, allowing Defendants’ actions to evade review.”

Federal District Court hears oral arguments in Students for Fair Admissions (SFFA) v. Naval Academy case: Beginning on September 13, U.S. District Judge Richard Bennett of the Southern District of Texas heard arguments in Students for Fair Admissions (SFFA) v. Naval Academy, in which SFFA argues against the use of race in admissions to the Academy. SFFA first filed a lawsuit against the United States Naval Academy in October 2023 over its admissions practices, arguing that the Naval Academy has “no justification for using race-based admissions.” Previously, on December 14, a federal judge denied a request to temporarily bar the Naval Academy from using race in its admissions process. According to reporting from Reuters, SFFA’s request for a preliminary injunction against the Naval Academy was denied because the group failed to prove that they would likely succeed in their case. 

Federal judge dismisses case brought by Florida against the USED challenging federal rules governing accreditation: On September 30, U.S. District Court Judge Jacqueline Becerra of the Southern District of Florida dismissed a case brought by the State of Florida in June 2023 against the USED, challenging a federal law that requires colleges and universities to be accredited by a "nationally recognized" accrediting agency to qualify for federal funding. Florida enacted legislation in April 2022 requiring institutions of higher education (IHEs) to change college accreditors every five years and prohibiting IHEs from using the same accreditor for two consecutive cycles. In July 2022, the USED then issued new guidance documents requiring institutions to have “reasonable cause” for changing accreditors and requiring that they “get approval from the Department before they submit an application to a new accrediting agency.” The lawsuit stated that the USED’s guidance sought “to deter new accreditors from working with Florida.” The U.S. Department of Justice filed a motion to dismiss in September 2023, which noted that “five Florida public universities are in the process of pursuing new accreditation, as required by state law, and have submitted materials to the Department of Education to seek approval for the change.” It continues, “Thus far two Florida schools have received approval to change accreditors and no schools have been denied approval.” In the decision, Judge Becerra wrote that, “The State’s objection to the requirement that they comply with standards set by private agencies to receive federal dollars from its students simply fails to state a claim,” Becerra wrote.

Upcoming Events (Outside Organizations):

• On October 15 at 1:00 p.m., FutureEd will host a webinar titled, “Rhode Island’s Statewide Strategy for Reducing Chronic Absenteeism.” To address ongoing chronic absenteeism challenges, the Rhode Island Department of Education built a statewide coalition of mayors, business leaders, hospitals and other stakeholders. Results showed 89% of the state’s 64 school districts lowered their chronic absenteeism rates in 2023-24 from the previous year, as did 82% of Rhode Island schools. FutureEd’s Policy Director Liz Cohen will explore Rhode Island’s innovative cross-sector, data-driven approach to improve chronic absenteeism. Speakers include: Rhode Island Governor Daniel McKee; Commissioner of Elementary and Secondary Education Angelica Infante-Green, Newport Mayor Xay Khamsyvoravong, and Partnership Rhode Island Executive Director Tom Giordano. Registration is here.
• On October 15 at 2:00 p.m., New America will host an event titled, “Learning, Joy, and Equity: A New Framework for Elementary Education.” New America and the Children’s Equity Project will introduce a new framework for elementary education, “building on previous foundational efforts centered on children and the ways we know children learn, with a focus on disrupting well-documented, historically rooted, and contemporarily entrenched biases in learning systems.” USED Deputy Assistant Secretary Swati Adarkar will give remarks on promoting early school success and leaders from the Children’s Equity Project will present the new framework. Other speakers include: Keri Rodrigues, Co-Founder and Founding President of the National Parents Union; Dr. Letitia Johnson-Davis, Founder of Nia Knowledge Network and former principal of Baldwin Hills Elementary School in Los Angeles, CA; Dr. Michael Robert, Superintendent for the Osborn School District in Phoenix, AZ; Ambar Martinez, Teacher in the District of Columbia Public Schools; and Patricia Donati, Teacher at the District of Columbia Public Schools. More information and registration are here.
• On October 16 at 2:00 p.m., EducationWeek will host a virtual event titled, “A Seat at the Table: Is AI Out to Take Your Job or Help You Do It Better?” Speakers will consider how educators are thinking about how artificial intelligence will impact instruction and what the field needs to do to prepare young people. Speakers include: Kevin Bushweller, Deputy Managing Editor of Education Week; Kip Glazer, Principal at Mountain View High School; and Kenneth Koedinger, Hillman Professor of Computer Science at Carnegie Mellon University. More information and registration are here.
• On October 17 at 4:00 p.m., the American Enterprise Institute (AEI) will host a web event titled, “Is It Time for a Fresh Look at Online Education?” In the wake of rapid increases in online instruction following the COVID-19 pandemic, the event will feature a discussion on reevaluating virtual schooling. Speakers include: Robert Pondiscio, Senior Fellow at AEI; Ian Kingsbury, Senior Fellow at the Educational Freedom Institute; Amy Johnson, Executive Director at Arkansas Virtual Academy; and Ben Scafidi, Professor at Kennesaw State University. More information and registration are here.

Publications (Congress & Administration):

• On September 30, the U.S. Department of Agriculture's (USDA) Economic Research Service published a report titled, “The National School Lunch Program: Background, Trends, and Issues, 2024 Edition.” The report provides updates on policies and program operations of the National School Lunch Program (NSLP), which is the nation's second-largest food and nutrition assistance program. The USDA found that the NSLP has served 236 billion lunches between 1969 and 2024, and that the share of students participating in the program declined from 64.3% of all students enrolled in public schools in 2010 to 58.3% in 2019. However, the reported noted that the share of free or reduced price school lunches served rose from 15.1% in 1969 to 74.1% in 2019. The USDA also found that federal spending on NSLP increased from $1.3 billion in 1969 to $14.4 billion in 2019. NSLP program spending declined during the pandemic as schools utilized a USDA waiver to serve meals through the Summer Food Service Program.
• On October 10, the U.S. Centers for Disease Control and Prevention (CDC) released a report titled, “Disparities in School Connectedness, Unstable Housing, Experiences of Violence, Mental Health, and Suicidal Thoughts and Behaviors Among Transgender and Cisgender High School Students — Youth Risk Behavior Survey, United States, 2023.” The CDC report analyzed demographic characteristics of transgender and questioning high school students and examined differences in the prevalence of experiences such as violence, poor mental health, school connectedness, and unstable housing. The report states that in 2023, 3.3% of U.S. high school students identified as transgender, and 2.2% identified as questioning. The analysis shows that transgender and questioning students experienced a higher prevalence of violence, poor mental health, suicidal thoughts and behaviors, unstable housing, and a lower prevalence of school connectedness than cisgender students. The CDC reported that 25.3% of transgender students and 26.4% of questioning students skipped school because they felt unsafe. The CDC also found that 5% of cisgender male and 11% of cisgender female students attempted suicide in the past year, compared to 26% of transgender and questioning students.

Publications (Outside Organizations):

• On October 7, the Committee for a Responsible Federal Budget released a paper titled, “The Fiscal Impact of the Harris and Trump Campaign Plans.” The Committee analyzed both candidates’ tax and spending plans and found that Harris’s plan would increase the national debt by $3.5 trillion through 2035, while Trump’s plan would increase the debt by $7.5 trillion. The paper highlights Harris’s plan to support affordable and quality education, for which the Committee provides a central estimate cost of $350 million if she pursues the education-related policies outlined in President Biden’s Fiscal Year 2025 budget. The analysis also provided a central estimate of $200 billion in savings if Trump were to eliminate the USED, with a high estimate of $0 in savings if those savings were recycled into school vouchers or otherwise diverted to support elements of the education plan.
• On October 7, FutureEd released a report titled, “Early Returns: First Results from the New Wave of Public Funding of Private Schooling.” In the report, FutureEd explores the expansion and cost of universal private-school choice in eight states. Among the findings, the analysis showed that 66% of 2023-24 Educational Savings Account (ESA) recipients in Iowa already attended private school, while only 13% transitioned from public schools. FutureEd also found that in Ohio, 67% of families in the state’s universal private school choice program were low-income before it expanded to include all families, after which the figure dropped to 17%.

Legislation:

Introduced in the House of Representatives:

H.R. 9869

A bill to make dependents of members of the Armed Forces who died while serving on active duty eligible for enrollment in Department of Defense Education Activity schools on a tuition-free, space-available basis.
Sponsor: Rep. Nick LaLota (R-NY)

H.R. 9875

A bill to establish an independent Children's Commission and position of Commissioner, and for other purposes.
Sponsor: Rep. Morgan McGarvey (D-KY)

H.R. 9878

A bill to amend the Richard B. Russell National School Lunch Act to require mandatory certification for certain students and reduce stigma associated with unpaid school meal fees, and for other purposes.
Sponsor: Rep. Ilhan Omar (D-MN)

H.R. 9901

A bill to enhance the supply of child care, and for other purposes
Sponsor: Rep. Ro Khanna (D-CA)

H.R. 9906

A bill to amend the Elementary and Secondary Education Act of 1965 to require local educational agencies to develop emergency response and parental notification procedures for certain threats and emergencies, and for other purposes.
Sponsor: Rep. Jared Moskowitz (D-FL)

H.R. 9925

A bill to establish a process to furnish to State educational agencies certain demographic data regarding members of the Armed Forces.
Sponsor: Rep. Susie Lee (D-NV)

H.R. 9926

A bill to direct the Secretary of the Treasury to carry out a program under which all Federal funds for elementary and secondary education are provided directly to parents of eligible children or approved by parents for distribution to schools, and for other purposes.
Sponsor: Rep. Nancy Mace (R-SC)

H.R. 9931

A bill to provide bankruptcy relief for student borrowers.
Sponsor: Rep. Jerrold Nadler (D-NY)