Welcome back from the congressional recess in August. This publication includes information for the period from August 4, 2023 -- when the congressional recess began -- through September 7, 2023.

Highlights:

• On August 22, the White House and the U.S. Department of Education (USED) launched a new federal student loan Income-Driven Repayment (IDR) plan, known as the “Saving on a Valuable Education” (SAVE) plan. On September 5, Senate Health, Education, Labor, and Pensions (HELP) Committee Ranking Member Bill Cassidy (R-LA) and House Education and the Workforce Committee Chairwoman Virginia Foxx (R-NC) with Representative Lisa McClain (R-MI) led the introductions of companion Congressional Review Act (CRA) resolutions that seek to overturn the regulations to implement the SAVE plan. The House Education and the Workforce Committee has announced a markup to consider reporting its CRA resolution to the full House of Representatives on September 14.

• On August 14, the USED’s Office for Civil Rights (OCR) and the U.S. Department of Justice’s Civil Rights Division issued a Dear Colleague letter and Questions and Answers regarding the U.S. Supreme Court’s decision in the Students for Fair Admissions (SFFA) v. Harvard College/University of North Carolina (UNC) Supreme Court cases. Additionally, USED’s OCR issued a resource on race and school programming “to guide schools on lawful programs to promote racially inclusive school communities,” on August 24.

• On September 5, Senate Majority Leader Chuck Schumer (D-NY) announced that the first in a series of nine, closed (meaning not open to the public) Artificial Intelligence (AI) Insight Forums for Republican and Democratic Senators will take place on September 13.

Administration:

White House:

White House launches new IDR plan as borrowers return to student loan repayment: On August 22, the White House and USED launched a new federal student loan IDR plan, known as the “Saving on a Valuable Education” (SAVE) plan. According to the White House fact sheet, the new IDR plan will:

(1) cut in half the amount that undergraduate loan borrowers have to pay each month from 10% to 5% of discretionary income; (2) raise the amount of income that is considered non-discretionary income and therefore is protected from repayment, guaranteeing that no borrower earning under 225% of the federal poverty level – about the annual equivalent of a $15 minimum wage for a single borrower – will have to make a monthly payment under this plan; (3) forgive undergraduate loan balances after 20 years of payments or after 10 years for borrowers with original loan balances of $12,000 or less; and (4) not charge borrowers with unpaid monthly interest, so that unlike other existing IDR plans, no borrower’s loan balance will grow as long as they make their monthly payments – even when that monthly payment is $0 because their income is low. The plan went partially into effect in August 2023 and will go fully into effect in 2024.

The Biden Administration -- which also announced a nationwide outreach campaign called "SAVE on Student Debt" in collaboration with leading grassroots organizations -- is touting the benefits of enrolling in the IDR plan, as interest on student loans stated accruing again on September 1, 2023, and loan repayments will begin on October 1, 2023.  On September 5, USED announced that more than 4 million borrowers are enrolled in the new SAVE plan.

Biden Administration discharges loans for 800,000 borrowers as a result of fixes to previous IDR plans: On August 14, the Biden Administration announced 804,000 borrowers will receive automatic discharges of their loans as a result of “fixes” to IDR plans implemented since April 2022. The discharges total $39 billion and follow the implementation of “an accurate count of the number of monthly payments that qualify toward forgiveness under IDR plans.” More than 614,000 of the borrowers will have all of their remaining federal student loan debt cancelled. Under the existing IDR plans (prior to the launch of the SAVE IDR plan), borrowers were eligible for forgiveness if they had accumulated the equivalent of either 20 or 25 years of qualifying monthly payments. Announcing the loan forgiveness, President Biden stated, “When I came into office, hundreds of thousands of borrowers weren’t accurately getting credit for student loan payments that should have delivered them forgiveness under Income-Driven Repayment plans or were placed into forbearance by loan servicers in violation of Department of Education rules. I was determined to right this wrong, and today, because of actions my Administration took, these 804,000 borrowers who have been in repayment for over 20 years will start to see their student debt cancelled.”

Biden Administration launches SchoolSafety.gov Awareness Campaign to support schools with safety resources: On August 17, the Biden Administration, in partnership with USED, the U.S. Department of Health and Human Services (HHS), and the U.S. Department of Homeland Security (DHS), launched a public awareness campaign to highlight federal school safety resources and evidence-based practices through SchoolSafety.gov. The “Back-to-School Campaign” aimed to educate school staff, parents and guardians, and state and local government about the resources available through the agencies. Speaking on the campaign, U.S. Attorney General Merrick B. Garland said, “The SchoolSafety.gov initiative is aimed at harnessing resources and capabilities across government to help make every school a safe place to learn.”

Biden Administration launches new efforts to strengthen K-12 schools’ cyber security: On August 7, the White House and the USED announced new efforts to strengthen America’s K-12 school’s cybersecurity due to recent cyberattacks. Attacks have led to disruptions of school operations, exposed student and personnel information, and leaked sensitive school security information online. On the day of the announcement, USED Secretary Miguel Cardona, DHS Secretary Alejandro Mayorkas, and First Lady Jill Biden convened school stakeholders and private sector companies to review best practices and resources used to bolster schools’ cyber security. The new efforts to improve school security include a proposed $200 million pilot program to strengthen schools and library cyber defenses, the establishment of a Government Coordinating Council to coordinate activities, and the release of updated resource guides for state governments and education officials from the Federal Bureau of Investigation (FBI) and the National Guard Bureau on how to report cyber security incidents and utilize the federal cyber defense capabilities. Finally, several education technology providers committed to offering free and low-cost resources to school districts.

Cybersecurity and Infrastructure Security Agency (CISA) announces voluntary pledge for education technology companies to design products with greater security: On September 5, CISA announced a new voluntary pledge for K-12 education technology software companies to commit to designing products with greater security. The three primary principles of the pledge are: (1) taking ownership of customer security outcomes; (2) embracing radical transparency and accountability; and (3) leading from the top by making secure technology a key priority for company leadership. Announcing the pledge, CISA Director Jen Easterly shared that, “We need to address K-12 cyber security issues at its foundation by ensuring schools and administrators have access to technology and software that is safe and secure right out of the box. We need all K-12 software manufacturers to help us improve cyber security for the education sector by committing to prioritize security as a critical element of product development.” A number of education technology companies have already made the pledge, including PowerSchool, Classlink, Clever, GG4L, Instructure, and D2L.

U.S. Department of Education (USED):

U.S. Departments of Education and Justice release guidance regarding admissions activities following the U.S. Supreme Court’s decision in SFFA v. Harvard/UNC: On August 14, the USED’s OCR and the U.S. Department of Justice’s Civil Rights Division issued a Dear Colleague letter and Questions and Answers regarding the U.S. Supreme Court’s decision in the SFFA v. Harvard/UNC cases. The guidance summarizes the Supreme Court’s opinion, which “limited the ability of institutions of higher education to consider an applicant’s race in and of itself as a factor in deciding whether to admit the applicant,” while recognizing that institutions can continue to “consider any quality or characteristic of a student that bears on the institution’s [admissions] decision, such as courage, motivation, or determination, even if the student’s application ties that characteristic to their lived experience with race….” Further, the guidance emphasizes that institutions can take a range of other actions to advance equity and diversity aims that are not prohibited by the Supreme Court’s SFFA decision, including discussion of what can and cannot be done in four areas: (1) targeted outreach, recruitment, and pathways; (2) collection of demographic data; (3) evaluation of admissions policies; and (4) student yield and retention strategies and programs. The guidance does not expressly address other areas, including financial aid and scholarships.

This Guidance broadly aligns with EducationCounsel's initial analysis. And EducationCounsel will be working with key partners to provide additional guidance in the weeks ahead.

Following the release of the guidance, House Education and the Workforce Committee Ranking Member Bobby Scott (D-VA) released a statement that USED “should also fully investigate how race unjustly permeates many other policies and practices in our educational system.” Ranking Member Scott’s statement reaffirmed his view expressed in an earlier letter to USED’s OCR Assistant Secretary Catherine Lhamon that “any honest assessment of the pervasiveness of race in [our educational system] would recognize that people of color consistently face unequal discriminatory treatment on the basis of their race, treatment that has been historically counterbalanced by affirmative actions, but now can only be eliminated with robust enforcement of Title VI.”

USED’s OCR issues guidance on legally allowable activities that promote racially inclusive school communities: On August 24, USED’s OCR issued guidance that clarifies the circumstances under which schools, colleges, and universities that receive federal funds can develop curricula or engage in activities that promote racially inclusive school communities, consistent with Title VI of the Civil Rights Act of 1964 (Title VI). The resource broadly explains that Title VI “generally does not restrict school districts from holding assemblies, meetings, focus groups, or listening sessions that relate to students’ experiences with race in their school or community.” Additionally, the guidance states that school-sponsored programs with an emphasis on race that are open to all students, do not violate Title VI simply because of a race-related theme. The resources adds that schools may be in violation of Title VI when they separate students based on race, and if they “create, encourage, accept, tolerate, or fail to correct a racially hostile environment.”

USED OCR Assistant Secretary Catherine Lhamon delivers remarks on importance of nondiscrimination in education: On August 29, USED OCR Assistant Secretary Catherine Lhamon participated in a conversation hosted by the Center for American Progress (CAP) to discuss the importance of nondiscrimination in education. Specifically, Assistant Secretary Lhamon’s remarks centered on the role of OCR in pursuing educational justice and enforcing the law. Discussing the recent U.S. Supreme Court decision regarding the use of race in college admissions, Assistant Secretary Lhamon shared, “that though the decision uprooted 45 years of precedent, postsecondary institutions still have ‘a number of options’ to pursue educational diversity and equity.” Assistant Secretary Lhamon also highlighted recent guidance issued by OCR urging, “We need to explore those new admissions practices…other practices that we know will promote diversity. As huge as the decision was in terms of changing practices, we should focus on what’s available.”

Biden Administration seeks non-federal negotiator nominations for rulemaking process on student debt relief: On August 29, USED announced the solicitation of nominations for the negotiated rulemaking process on student debt relief, which will take place this fall. Specifically, the USED is seeking nominations from 14 different constituency groups to form the Student Loan Relief committee that will meet for three virtual sessions beginning in October, November, and December. Those groups include current students and student loan borrowers, representatives from institutions of higher education (including Historically Black Colleges and Universities and Minority-Serving Institutions), state officials and Attorneys General, and civil rights organizations, among others. Nominations are due September 14 and can be sent to negregnominations@ed.gov and must include information about the nominee, their constituency group, resume and experience, and contact information. More information on this negotiated rulemaking process can be found here and the Federal Register notice announcing the call for nominations is here.

Fifth Circuit Court of Appeals blocks USED’s borrower defense to repayment rules: On August 7, the U.S. Court of Appeals for the Fifth Circuit granted a complaint filed by the Career Colleges and Schools of Texas (CCST), which sued to block USED’s borrower to defense repayment rules from taking effect nationwide. The final borrower defense rules  – which provide debt relief to federal student loan borrowers if their college defrauds or misleads them – took effect on July 1, 2023. According to the National Association of Student Financial Aid Administrators, CCST filed the lawsuit challenging the rules as an “overreach in violation of the Department’s statutory authority and the separation of powers.” The decision from the Fifth Circuit Court of Appeals Court delays the implementation of USED’s borrower defense rules until at least November, when the case is expected to be heard. In response to the decision, a spokesperson for the USED stated to The Hill, “the Department won’t back down in our efforts to take on predatory colleges, provide relief to borrowers who have been cheated or had their school close, and hold institutions accountable for deceptive schemes.”

National Center on Education Statistics (NCES) issues 2023 Condition of Education: On August 30, NCES issued the 2023 Condition of Education, an annual report containing data and information on all levels of education, labor force outcomes, and international comparisons. This edition of the Condition of the Education offers a comprehensive review of education during the coronavirus pandemic. Some of the key indicators include education attained by family characteristics, public school enrollment by major demographics, academic performance in key grade levels, postsecondary education enrollment and degree attainment, and related annual earnings by educational attainment.

Key findings from the report include: (1) percentage of 3- to 4-year-olds enrolled in school in 2021 (50%) was 10 percentage points higher than 2020 (40%), but remained lower than 2019 (54%); (2) the decrease in total public enrollment during the pandemic was driven by enrollment declines at the Pre-K–8 level, particularly from fall 2019 to fall 2020,while enrollment in grades 9–12 continued to increase each year from fall 2019 to fall 2021; (3) between fall 2019 and fall 2020, while traditional public school enrollment decreased by 4%, public charter school enrollment increased by 7%; (4) between fall 2010 and fall 2021, total undergraduate enrollment in degree-granting postsecondary institutions decreased by 15% (from 18.1 million to 15.4 million students), with 42% (1.1 million students) of this decline occurring during the pandemic; and (5) of the degrees conferred by postsecondary institutions in 2020–2021, science, technology, engineering, and mathematics (STEM) fields made up 8% of associate’s degrees, 21% of bachelor’s degrees, 17% of master’s degrees, and 15% of doctor’s degrees. Additionally, the 2023 Condition of Education took a close look at two specific challenges faced by schools during the coronavirus pandemic, including teacher openings in elementary and secondary schools and recovery from the coronavirus pandemic in K–12 education.

USED to host two convenings to promote educator diversity: On September 5, USED announced that it will host two convenings in October to support school systems in creating new and innovative ways to invest in and support educator diversity. Both convenings will be held in Denver, Colorado, and the first event (October 26-27), titled, “Conference on Equity in Opportunity,” aims to “bring together researchers, practitioners, and policy leaders to discuss priorities for a diverse workforce in education.” The conference will also support leaders in identifying challenges in developing a diverse workforce and highlight promising practices and available grant funding. The second convening (October 27), titled, “Powered by Teach to Lead Summit,” is part of a series of “Teach to Lead” summits being hosted by USED, during which teams of educators collaborate to develop approaches to investing in diverse teacher pipelines, including partnerships with Minority-Serving Institutions and improvements to work environments. Announcing the convenings, USED Secretary Cardona shared, “Both of these events will provide educators, school leaders, and state and local officials with opportunities to share new and exciting ways to grow the workforce with additional diverse and talented educators.”

USED announces launch of a new learning community focused on the transition to kindergarten: On September 7, USED announced the launch of a new community of practice titled, “Kindergarten Sturdy Bridge Learning Community.” The new effort will bring together leaders from state education agencies (SEAs) and local educational agencies (LEAs) to experience “peer learning, receive technical assistance, and share best practices to transform how students experience kindergarten, including the transitions into kindergarten and 1st grade.” Announcing the learning community, USED Secretary Cardona shared, “Ensuring that kindergarten is a sturdy bridge between the early years and early grades is central to our efforts both to Raise the Bar for academic excellence and to provide all students with a more equitable foundation for educational success.”

USED Secretary Cardona and the First Lady visit midwestern states during back-to-school bus tour: From September 5 to 8, USED Secretary Cardona visited Kansas, Missouri, Illinois, Wisconsin, and Minnesota on the USED’s “Back to School Bus Tour 2023: Raise the Bar.” Secretary Cardona shared that the tour aimed to “[lift] up great models in education and [highlight] how our country benefits when we work together to invest in our children and young people.” Additionally, the tour called attention to how schools, families, and communities are accelerating student learning – particularly through the use of COVID relief funds included in the American Rescue Plan (ARP). Each stop along the tour covered a wide range of different topics, including teacher diversity, partnerships between K-12 and higher education, online connectivity, family engagement, mental health, afterschool programming, career and technical education, access to early childhood education, and full-service community schools, among others. First Lady Jill Biden joined the tour in Wisconsin and delivered remarks at a mental health roundtable, where she emphasized the important role of teachers and highlighted the Biden Administration’s support for mental health care.

USED Secretary Cardona conducts site visits throughout August to highlight career pathways, apprenticeships, and full-service community schools: In August, USED Secretary Cardona traveled to several locations across the country to highlight efforts to connect education and career pathways, as well as the work of full-service community schools. In Temple Hills, Maryland, Secretary Cardona spoke with high school students about apprenticeship programs and employer partnerships as part of career pathways programs. In Wisconsin and Colorado, Secretary Cardona continued the Unlocking Pathways Summit Series, which is a set of education-workforce convenings designed to support state teams and to highlight workforce priorities and opportunities for young people. Secretary Cardona hosted a conversation with Colorado Governor Jared Polis (D) to discuss expanding access to high-wage, high-demand pathways and skills-based learning opportunities. The visit to Madison Area Technical College with Wisconsin Governor Tony Evers (D) was aimed at promoting state partnerships between school, industry, and community organizations in support of career-connected learning. USED Deputy Secretary Cindy Marten and USED Under Secretary James Kvaal also joined the visit to Madison, where they toured the Student Success Through Applied Research Lab (SSTAR) to highlight issues related to college opportunity and student access.

USED launches career-connected high school grant program to increase alignment between secondary education programs and career pathways: On August 10, the USED announced the launch of a grant competition aimed at improving student postsecondary education and career outcomes. Through the Career Connected High School Grant program, the USED will award $25 million to consortia of LEAs, higher education institutions, and employers to pilot evidence-based strategies to increase the integration and alignment of the last two years of high school and the first two years of postsecondary education. The grant funds can be used for a variety of activities, including increasing dual enrollment classes, tutoring, transportation to work-based learning sites, new career and technical education (CTE) programs in high-growth fields, and covering the cost of tuition and other expenses for low-income students. The Career Connected High School Grants, which are funded through the CTE Perkins Innovation and Modernization program, has been a priority of USED Secretary Cardona as part of the Department’s Raise the Bar: Unlocking Career Success initiative. The deadline to submit an application is October 13, 2023.

USED Office of the Inspector General releases audit of Charter Schools Program Grants to Charter Management Organizations for the Replication and Expansion of High-Quality Charter Schools: On August 3, USED’s Office of the Inspector General issued a final audit report regarding the Department’s oversight of the Charter Schools Program (CSP) Grants to Charter Management Organizations for the Replication and Expansion of High-Quality Charter Schools (Replication and Expansion). The audit found that the USED and the CSP office designed and implemented processes for accurate reporting, but “did not always ensure CSP program officers correctly completed [Annual Performance Report] review templates and notified grantees of issues or concerns identified during their reviews of APRs.” According to the audit, this may have resulted in a lack of reliable information required for the CSP office “to make informed decisions about continuation funding…and the CSP office might not have provided timely assistance to grantees that needed assistance to meet their approved goals.” The audit also found that the USED and the CSP office designed and implemented processes to show that Replication and Expansion grantees used grant funds for permitted activities in line with program requirements and “generally implemented these processes as designed.” However, it “did not always ensure that grantees implemented corrective actions to address significant compliance issues relevant to their uses of Replication and Expansion grant funds, fiscal control, and fund accounting.” Finally, the audit found that the CSP office did not always retain records in official grant files. As a result of these findings, the audit made three recommendations for the CSP office: (1) regularly review CSP program officers' work as it relates to completing APR templates and communicating issues or concerns with their APRs; (2) implement procedures to ensure that corrective actions are identified and describe how grantees carried out corrections to significant compliance issues; (3) retain records showing grantees implementation of corrective actions.

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

HHS awards $30 Million to expand developmental screening for children through community health centers: On August 9, HHS announced it has awarded $30 million to 151 Health Resources and Services Administration (HRSA) centers. The announcement stated that these funds are meant to “improve developmental outcomes among children ages 0-5 through increased screenings and follow-up services.” Regarding the funding, HHS Secretary Xavier Becerra, stated “Health centers provide young children with developmental disabilities in our highest need communities with the support they need to succeed…Health centers provide many kinds of support, including screening of young children and connecting them to appropriate services.”

Congress:

Senate HELP Committee Ranking Member Cassidy and House Education and the Workforce Committee Chairwoman Foxx with Representative Lisa McClain (R-MI) introduce companion Congressional Review Act (CRA) resolutions to overturn Biden Administration’s new IDR rule: On September 5, Senate HELP Committee Ranking Member Bill Cassidy (R-LA) and House Education and the Workforce Committee Chairwoman Virginia Foxx (R-NC) with Representative Lisa McClain (R-MI) led the introductions of companion CRA resolutions that seek to overturn the Biden Administration’s new IDR plan, known as the “SAVE (Saving on a Valuable Education)” plan. Under the Congressional Review Act, Congress can overturn a rule if both the House and Senate pass a resolution of disapproval by a simple majority vote (or 51 votes in the Senate); however, the resolution must also be signed by the President (or Congress must override a presidential veto to prevent the rule from going into effect) – both of which are unlikely with regard to the IDR rule. Republican concerns that led to the introduction of the CRA resolutions include the estimated costs of implementing of the SAVE plan, as well as the IDR plan could “make the student loan program even more expensive for taxpayers by setting the precedent of loans not needing to be repaid,” according to fact sheets released by House and Senate Republicans. The Biden Administration has projected the program to cost $156 billion over the next decade, while the Penn Wharton Budget Model estimated the plan will incur a cost of $475 billion over the 10-year window. The House Education and the Workforce Committee has announced a markup to consider reporting its CRA resolution to the full House of Representatives on September 14.

Senate HELP Committee Ranking Member Cassidy and House Education and the Workforce Committee Chairwoman Foxx seek information from the USED regarding authority to issue loan discharges: On September 7, Senate HELP Committee Ranking Member Bill Cassidy (R-LA) and House Education and the Workforce Committee Chairwoman Virginia Foxx (R-NC) sent a letter to USED Secretary Cardona seeking information regarding its methodology and statutory authority to issue $39 billion in student loan discharges through “fixes” to existing IDR programs (prior to the launch of the SAVE IDR plan). The letter follows a July announcement from the USED that the Department would discharge loans following “fixes … in which qualifying payments made under IDR plans should have moved borrowers closer to forgiveness [but] were not accounted for.” Specifically, the letter requests information regarding the “statutory authority [that] the Department [relies] upon for the discharge” and the methodology used to qualify the 804,000 borrowers that were selected to receive the forgiveness.

Senate:

Senate Majority Leader Schumer announces first Artificial Intelligence (AI) Insight Forum for policymakers: On September 5, Senate Majority Leader Chuck Schumer (D-NY) announced that the first in a series of nine, closed (meaning not open to the public) AI Insight Forums for Republican and Democratic Senators will take place on September 13. In his remarks announcing the forum, Majority Leader Schumer shared that the first session will allow “business and the civil rights community, researchers, worker advocates” and others to share with members of Congress recommendations for policymakers related to AI. CNN reported that participants in the first forum include Google CEO Sundar Pichai, former Google CEO Eric Schmidt, Meta CEO Mark Zuckerberg, OpenAI CEO Sam Altman, Microsoft CEO Satya Nadella, Nvidia CEO Jensen Huang, and X (formerly Twitter) CEO Elon Musk. The first forum follows Majority Leader Schumer’s release in June of a framework for AI policymaking titled, the “SAFE (Security, Accountability, Foundations, and Explain) Innovation Framework.” According to the Majority Leader, Congress will use the information learned from the forums to develop policies through the committee process for responsible deployment of AI. Future forum topics include “finding ways to promote AI innovation, [Intellectual Property] issues, workforce issues, privacy, security, alignment, and many more.”

Senate HELP Committee Ranking Member Cassidy releases white paper on risks and benefits of AI: On September 6, Senate HELP Committee Ranking Member Bill Cassidy (R-LA) released a white paper on AI and its potential risks and benefits to society. The report discusses how AI researchers are exploring whether AI can be a tool to support pandemic-related learning recovery, as well as the risk of AI being “used as a low-quality shortcut by both students and teachers.” The report also cites survey data from educators indicating that the new technology will pose a challenge for them without appropriate professional development and training to use AI effectively. Other issues discussed in the white paper include how AI can support research and development of new medicine, relieve workload of healthcare providers, and strengthen Americans’ job security and safety in the workplace, among other issues. Concluding the report, Ranking Member Cassidy requests feedback and comments from the public regarding “ways to improve the framework in which these technologies are developed, reviewed, and used.” Feedback should be submitted to HELPGOP_AIComments@help.senate.gov by Friday, September 22, 2023.

Senate HELP Committee Ranking Member Cassidy raises concerns regarding USED Secretary Cardona’s speech to the American Federation of Teachers (AFT): On August 8, Senate HELP Committee Ranking Member Bill Cassidy (R-LA) wrote a letter to USED Secretary Cardona regarding a recent speech that the Secretary gave to the AFT. The letter expressed concern over Secretary Cardona’s remarks, including quotes, such as, “Colleagues, we have districts where one or two ideologues armed with megaphones and rich donors are overriding school librarians and educators with decades of experience, in the name of ‘parental rights.’ But it’s not parental rights. That’s not what it is. These are extremists working to whitewash history and censor educators at the expense of our students.” Ranking Member Cassidy wrote in his letter that, “As Secretary of Education, you should be making it crystal clear that parents have the right to advocate for their children and play a role in their education without the constant fear of governmental intimidation.” The letter concluded, “Given the incendiary nature of your comments to the AFT conference, it is incumbent upon you as Secretary of Education to clarify the language you used and further explain the actions you were advocating for.”

Senate HELP Ranking Member Cassidy and Senator Mullin request information from NAEYC regarding recommended books and resources: On August 21, Senate HELP Ranking Member Bill Cassidy (R-LA) and Senator Markwayne Mullin (R-OK) sent a letter to the National Association for the Education of Young Children (NAEYC) raising “deep concern about the resources that [NAEYC] recommends for early childhood educators and child care facilities as an accrediting entity, and with questions about how these resources are related to the accrediting process.” Specifically, the Senators noted that, “NAEYC publishes and promotes “well-respected books that reflect the latest research on a range of topics in early childhood education” that are “grounded in NAEYC’s standards.” The Members went on to state, “Some of these materials contain controversial topics and factually incorrect content that should not be recommended for use in classrooms, especially for children as young as two years old.” The Senators request responses to a series of twelve questions regarding how NAEYC promotes collaboration between child care centers and parents, the teaching of “complex social concepts,” and the process by which NAEYC selects and promotes books.

Senators Warren, Scott, and Budd request information on how families are being served through the Department of Defense’s child care program: On August 6, Senators Elizabeth Warren (D-MA), Rick Scott (R-FL), and Ted Budd (R-NC) sent a letter to U.S. Secretary of Defense (DoD) Lloyd J. Austin III, requesting information on how families are being served through the Department of Defense’s child care program. The letter commends DoD Secretary Austin for his commitment to invest in child care and urges him to “expand on this work to ensure all of the nations’ military families have access to the affordable, high-quality care they need.” The letter notes the important role child care plays in allowing service members to complete their duties and its necessity during a time of low recruitment and retention. Additionally, the letter highlights the difficulties military families encounter when trying to find child care, including space and staffing shortages, long waiting lists, and lower inspection standards for on-base care. The bipartisan Senators urge the Secretary to “prioritize building up the number and capacity of [Child Development Centers] and community partners committed to increasing child care supply, and to address low wages that hurt worker hiring and retention, thereby limiting child care availability.” The letter concludes by requesting answers to thirteen questions on topics ranging from child care waitlists on military bases to the staffing and pay scale of child care workers.

Senate HELP Committee Ranking Member Cassidy requests USED investigation into Chinese Communist Party Influence in American K-12 schools: On August 30, Senate HELP Committee Ranking Member Bill Cassidy (R-LA) and Senator Tim Scott (R-SC) led 16 Republican colleagues in a letter to USED Secretary Cardona requesting an investigation into the amount of funding that K-12 education systems receive from foreign governments. The letter references a report from Parents Defending Education that states there are “millions of dollars from Chinese Communist Party (CCP)-linked entities [that] have flowed into America’s K-12 classrooms.” Ranking Member Cassidy urges the USED to “conduct a thorough, nationwide audit to determine how much funding from hostile foreign governments has flowed into America’s K-12 schools.”

House:

House Education and the Workforce Committee Chairwoman Foxx discusses the Parents Bill of Rights and the importance of education freedom to mark the start of the new school year: On August 28, House Education and the Workforce Committee Chairwoman Virginia Foxx (R-NC) was interviewed by the Family Research Council’s Washington Watch to mark the start of the new school year. Chairwoman Foxx took the opportunity to note that she will continue to champion parents’ rights and to underscore the importance of education freedom, including through school choice. Specifically, Chairwoman Foxx expressed support for H.R. 5, the “Parents Bill of Rights,” which passed out of the House on a party-line vote of 213 to 208 on March 24. The Republican bill focuses on five core components, including (1) parents having the right to know what their children are being taught; (2) parents having the right to be heard (including at school board meetings); (3) parents having the right to see school board budgets and spending; (4) parents having the right to protect their child’s privacy; and (5) parents having the right to keep their children safe. During the interview, Chairwoman Foxx said, “Republicans wanted to make sure that the public understands we are the champions of education freedom. We should have freedom for every child, every parent in this country.”

House Education and the Workforce Committee Chairwoman Foxx profiled by POLITICO, comments on possible upcoming Committee agenda, including reauthorization of the Workforce Innovation and Opportunity Act (WIOA) and short-term Pell Grants:  On August 21, POLITICO profiled House Education and the Workforce Committee Chairwoman Virginia Foxx (R-NC). As part of the profile, Chairwoman Foxx’s leadership on Republican education priorities was highlighted, including her work to ensure passage of H.R. 5, the “Parents Bill of Rights,” in the House, as well as a CRA resolution aimed at blocking the Biden Administration’s student loan forgiveness plan (prior to the Supreme Court ruling blocking implementation). The profile also explored Chairwoman Foxx’s upcoming agenda for the Committee noting that she plans to lead work on reauthorization of WIOA. Chairwoman Foxx said, “I can’t wait to get into it. WIOA was passed in exactly the same situation we’re in right now: We had a Republican House, a Democrat[ic] Senate, and a Democrat[ic] president.” The profile also called attention to Chairwoman Foxx’s support for expanding eligibility for Pell Grants to short-term workforce programs, which she sees as a potential opportunity for bipartisan support. In response, Committee Ranking Member Bobby Scott (D-VA) agreed that there is “widespread support” for expanding Pell Grants to cover short-term programs; however, he added that “there are differences on the details” that need to be worked out.

House Subcommittee on the Coronavirus Pandemic Chairman Wenstrup requests information from the USED regarding use of Elementary and Secondary School Emergency Relief (ESSER) funds: On August 10, House Select Subcommittee on the Coronavirus Pandemic Chairman Brad Wenstrup (R-OH) sent a letter to USED Secretary Cardona requesting data on the use of ESSER funds by states and LEAs. The letter expresses concern about the fund’s “seemingly few restrictions” and “numerous credible reports of funds being expended for questionable programs and projects—not related to academic success in the classroom—including for upgrades to sports facilities and to indoctrinate children in core tenets of leftist ideology.” Chairman Wenstrup requests all data from the first three years of ESSER funds, as “The Select Subcommittee on the Coronavirus Pandemic is authorized to investigate ‘the efficacy, effectiveness, and transparency of the use of taxpayer funds and relief programs to address the coronavirus pandemic, including reports of waste, fraud, or abuse’ under H. Res. 5.”

Upcoming Events (Congress & Administration):

• On September 14 at 10:15 a.m., the House Education and the Workforce Committee will hold a markup to consider advancing to the full House of Representatives, H.J. Res. 88, the CRA resolution to overturn the regulations implementing the Biden Administration’s SAVE IDR plan. During the markup, the Committee will consider several other bills, including (1) H.R. 4259, the “Think Differently about Education Act” – a bipartisan bill that requires K-12 schools to inform parents of their right to bring an advocate to individualized education program (IEP) meetings; (2) H.R. 5349, the “Crucial Communism Teaching Act” -  a bill to make educational materials available to help educate middle and high school students about the dangers of communism and totalitarianism, and how they are contrary to the founding principles of freedom and democracy in the United States; and (3) H.R. 5110, the “Protecting Hunting Heritage and Education Act” – a bill to ensure archery and hunting programs can continue receiving federal education funding, among other bills. More information is here.

• On September 19 at 10:15 a.m., the House Education and the Workforce Subcommittee on Early Childhood, Elementary, and Secondary Education will hold a hearing titled, “Academic Freedom Under Attack: Loosening the [Chinese Communist Party (CCP)'s] Grip on America's Classrooms.” The hearing follows a report from Parents Defending Education that found 143 K-12 schools across the country, including in 34 states, have been compromised by the CCP. Witnesses have yet to be announced. More information is here, and a webcast of the hearing will be available here.

• From September 24 to 28, the Biden-Harris Administration will host the National HBCU Week Conference in Arlington, Virginia. HBCU Week provides administrators, faculty, and students an opportunity to meet and interact with key leaders, including federal agency officials and financial executives, private sector representatives and business professionals, and financial aid executives. The theme for this year’s HBCU Week Conference is Raising the Bar: Forging Excellence through Innovation & Leadership. More information is here and an agenda for the week is here.

• On October 26-27, the USED will host a convening to promote educator diversity titled, “Conference on Equity in Opportunity,” in Denver Colorado. The convening aims to “bring together researchers, practitioners, and policy leaders to discuss priorities for a diverse workforce in education.” The conference will also support leaders in identifying challenges in developing a diverse workforce and highlight promising practices and available grant funding. More information is here.

• On October 27, the USED will host a second convening on educator diversity titled, “Powered by Teach to Lead Summit,” in Denver, Colorado. The convening is part of a series of “Teach to Lead” summits being hosted by USED, during which teams of educators collaborate to develop approaches to investing in diverse teacher pipelines. More information is here.

Upcoming Events (Outside Organizations):

• On September 13 at 4:00 p.m., the National Association of Secondary School Principals (NASSP) will host a webinar titled, “Be Well: Centering Mental Health in Schools.” The webinar will feature a panel discussion on the current state of student and educator mental health and policies that the field can collectively advocate for to improve the tools available to K-12 schools. Panelists include Lindsay Burton, Associate Director of the School Safety Task Force at the Cybersecurity and Infrastructure Security Agency (CISA); Greg Waples, Senior Manager of State Engagement and Outreach at the National Association of Secondary School Principals; Melissa Schlinger, Vice President of Innovations and Partnerships at the Collaborative for Academic, Social, and Emotional Learning (CASEL); and Kim Karr, Executive Director at Digital4Good, among others. More information and registration are here.

• On September 19 at 3:30 p.m., The Grad Partnership will host a webinar titled, “New Tool for District Leaders: Fostering Conditions for Student Success.” The webinar – which will be led by Bob Balfanz from the Everyone Graduates Center, Sarah Howard from the Network for College Success, and Kylie Klein and Jenny Scala from the American Institutes for Research -- will explore a new resource to assist school district leaders in fostering the conditions for their students to thrive. The new tool is built to help district leadership teams reflect and consider the strengths and areas for improvement of student support efforts within their schools and districts and build upon them to create a student success system. More information and registration are here.

• On September 20 at 11:00 a.m., the Center for Analysis of Longitudinal Data in Education Research will host a webinar titled, “Navigating layoffs and the fiscal cliff: How can districts minimize harm to teachers and students?” As district leaders face budget constraints and the upcoming end to coronavirus pandemic funding, the webinar will feature ways in which districts can prioritize equity if and when layoffs become necessary. More information and registration are here.

• On September 21 at 3:00 p.m., the Education Commission of the States and Teachers of Tomorrow will host a webinar titled, “Addressing the Increase in Uncertified Teachers.” Acknowledging the national teacher shortage, the webinar will explore how state education leaders have developed new and innovative pathways for qualified individuals to enter the profession. More information and registration are here.

Publications (Congress & Administration):

•  On August 14, the National Center for Education Statistics (NCES) released a new report titled, “Profile of State Data Capacity in 2019 and 2020: Statewide Longitudinal Data Systems (SLDS) Survey Descriptive Statistics.” The report presents aggregate summary statistics of state-level responses to the SLDS survey collection. Survey results showed that 56% of states have publicly published a comprehensive dictionary with K–12 student data, and an additional 35% indicated that they either planned to publish one or were in the process of doing so. When determining the use of SLDS, the key findings noted that, “Survey respondents reported most commonly using K–12 student, K–12 teacher, postsecondary, and workforce data for resources such as scorecards and dashboards for the public in 2020.” Additionally, more than one-third of respondents reported operational use of data for research or policy agendas and strategic plans.

• On August 15, NCES published a new report titled, “High School Counselor Meetings about College, College Attendance, and Parental Education.” Using data from the High School Longitudinal Study of 2009, the study investigated whether high school students met with counselors about college, if meetings varied by parental education, and if college attendance varied by whether students met with a counselor about college. Findings indicated that that 72% of students whose parents did not hold college degrees met with a counselor, compared to 76 and 82% of students whose parents held associate’s degrees and bachelor’s degrees or higher, respectively. Additionally, 83% of students who met with a counselor had attended college, compared to 60% of those who did not.

• In August, the USED released a report titled, “State and District Use of Title II, Part A Funds in 2021–22.” The report, produced in partnership with Westat, covered overall use of Title II-A funds, allocation by district type and use of flexibility options, and changes in the use of funds over time. Findings indicated that the most common activities for state use of Title II-A funds were related to program administration, monitoring, and technical assistance. At the district level, districts used the majority (55%) of all Title II-A allocations for teacher and school leader professional development. The report also showed that large, urban school districts received the largest share of Title II-A funding, and few states used the existing flexibility to move funds between Title II-A and other federal formula grant programs.

Publications (Outside Organizations):

• On August 7, The Institute for College Access & Success (TICAS) published a report titled, “How Congress Can Strengthen the Pell Grant Program to Make College More Affordable for Millions of Americans.” The report explains the ways in which Pell Grants support students in affording postsecondary education and suggests ways in which Congress can further invest in the Pell Grant program. More specifically, the report writes that Pell Grants are well-targeted to students with very high financial needs, as 88% of recipients come from families with incomes at or below $40,000 and 46% of recipients come from families at or below $15,000. Still, the report urges further investments, as nearly 70% of recipients who graduated from a four-year program have student loans. The report calls on Congress to double the maximum Pell Grant to cover half the cost of attending a four-year public college and permanently restore the Pell Grant’s automatic annual inflation adjustments to provide predictable annual increases moving forward.

• On August 9, New America published a report titled, “Varying Degrees 2023.” Interviewing 1,497 Americans ages 18 and older, the annual survey seeks information on the value of higher education, how it is funded, and how it should be held accountable; this year’s survey included new questions about equity in higher education. Results showed that “seven in ten Americans believe that their close family members need to complete at least some amount of education beyond high school to ensure financial stability,” and nearly 40% think the minimum level should be at least a bachelor’s degree. Additionally, about half of respondents indicated Americans can get a high-quality education after high school that is also affordable, and that education after high school is affordable to anyone who wants to pursue it. The report also noted that a majority of Americans believe that individuals with undergraduate credentials earn more and enjoy greater financial stability.

• On August 16, the Institute for Higher Education Policy (IHEP) published a blog titled, “College Affordability Still Out of Reach for Students with Lowest Incomes, Students of Color.” IHEP researchers analyzed data from the USED’s 2019-2020 National Postsecondary Student Aid Study (NPSAS) study and found that most students face a gap between what their families can afford and what they must pay to attend college. The analysis showed that 90% of students who received a federal Pell Grant at least once face unmet need, and that share is higher for Black and Latinx/Hispanic students than their American Indian, Asian, and White peers. The report also highlights how Pell Grants have not kept pace with rising costs, finding that to pay the cost of full-time attendance at a four-year college, families with the lowest incomes would need to contribute nearly 150% of their household income.

• On August 29, the Fordham Institute published a report titled, “Excellence Gaps by Race and Socioeconomic Status.” The report defines “excellence gaps” as “the disparities in advanced academic performance that exist between student groups.” Authors examined the extent to which racial/ethnic excellence gaps can be explained by differences in socioeconomic status (SES); whether excellence gaps still exist when racial/ethnic groups are compared within the same socioeconomic groups; and how excellence gaps by race/ethnicity and SES have shifted over the past two decades, including since the COVID-19 pandemic. Key findings indicate that even when controlling for SES, excellence gaps in reading and math achievement persisted. The report offers potential policy implications, including research indicating that same-race teachers may have a positive effect on student outcomes.

• On September 7, the American Federation of Teachers (AFT) and Educators Thriving published a report titled, “Beyond Burnout: A Roadmap to Improve Educator Well-Being.” The publication features strategies that employ a two-pronged approach: (1) supporting educators, including developing and implementing personal development courses that support individual well-being, and (2) undergoing a research process to develop a well-being scale to be able to measure and improve well-being. The resource also features success stories of how educators and systems have adapted to focus on their well-being. The report includes usable tools for teachers and leaders to measure their well-being to allow for the identification of potential improvement strategies.

Legislation:

Introduced in the House of Representatives:

H.R. 5139

A bill to amend the Richard B. Russell National School Lunch Act to increase the fine for certain fraudulent activities related to funds for child nutrition programs, and for other purposes.
Sponsor: Rep. Angie Craig (D-MN)

H.R. 5141

A bill to authorize funding for section 619 and part C of the Individuals with Disabilities Education Act.
Sponsor: Rep. Mark DeSaulnier (D-CA)

H.R. 5161

A bill to amend the Elementary and Secondary Education Act of 1965 with respect to prohibited uses of funds under such Act, and for other purposes.
Sponsor: Rep. Claudia Tenney (R-NY)

H.R. 5162

A bill to amend the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to extend education grant programs for Alaska Native serving institutions and Native Hawaiian serving institutions, and for other purposes.
Sponsor: Rep. Jill Tokuda (D-HI)

H.R. 5182

A bill to modernize online child protection laws.
Sponsor: Rep. Ann Wagner (R-MO)
 

H.R. 5184

A bill to amend the Elementary and Secondary Education Act of 1965 to strengthen school security.
Sponsor: Rep. John Carter (R-TX)

H.R. 5187

A bill to provide for a cause of action to remedy prohibitions on personal prayer in schools.
Sponsor: Rep. Matt Gaetz (R-FL)

H.R. 5221

A bill to amend the McKinney-Vento Homeless Assistance Act to meet the needs of homeless children, youth, and families, and honor the assessments and priorities of local communities.
Sponsor: Rep. Mikie Sherrill (D-NJ)

H.R. 5238

A bill to amend the Internal Revenue Code of 1986 to provide for youth sports, to establish a grant program for recreational youth sports, and for other purposes.
Sponsor: Rep. Josh Gottheimer (D-NJ)

H.R. 5303

A bill to prohibit the disbursement of Federal funds to schools that violate any State law relating to materials that are harmful to minors, and for other purposes.
Sponsor: Rep. Mark Green (R-TN)

H.R. 5307

A bill to amend the Elementary and Secondary Education Act of 1965 to establish a grant program that will support efforts at the State level to establish anti-bullying task forces to study, address, and reduce bullying in elementary and secondary schools, and for other purposes.
Sponsor: Rep. Raja Krishnamoorthi (D-IL)

H.R. 5326

A bill to amend the Higher Education Act of 1965 and the Elementary and Secondary Education Act of 1965 to provide rules of construction that nothing in those Acts requires the use, teaching, promotion, or recommendation of any academic discipline, program, or activity that holds that the United States is a Nation founded on white supremacy and oppression, or that these forces are at the root of American society.
Sponsor: Rep. Bob Good (R-VA)

H.R. 5327

A bill to establish a private right of action for parents with respect to the teaching of racial discrimination theory and other actions by covered schools, and for other purposes.
Sponsor: Rep. Bob Good (R-VA)

H.R. 5328

A bill to amend the Civil Rights Act of 1964 to make using certain pedagogies in any program or activity receiving Federal financial assistance a violation of such Act, and for other purposes.
Sponsor: Rep. Bob Good (R-VA)

H.R. 5349

A bill to develop and disseminate a civic education curriculum and oral history resources regarding certain political ideologies, and for other purposes.
Sponsor: Rep. Maria Elvira Salazar (R-FL)

H.Res. 651

A resolution condemning the decision of the Secretary of Education to prohibit the use of funds under the Elementary and Secondary Education Act of 1965 for hunter, archery, and other shooting sports education programs in schools and explicitly affirming that school programs that train students in archery, hunting, or other shooting sports are eligible for federal funding under such Act.
Sponsor: Rep. Glenn Grothman (R-WI)

H.J.Res. 88

A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Education relating to "Improving Income Driven Repayment for the William D. Ford Federal Direct Loan Program and the Federal Family Education Loan (FFEL) Program".
Sponsor: Rep. Lisa McClain (R-MI)

Introduced in the Senate:

S. 2731

A bill to amend the Internal Revenue Code of 1986 to increase the deduction for certain expenses of elementary and secondary school teachers.
Sponsor: Sen. Sherrod Brown (D-OH)

S. 2735

A bill to clarify that section 8526(7) of the Elementary and Secondary Education Act of 1965 does not apply with respect to the use of funds for activities carried out under programs authorized by the Elementary and Secondary Education Act of 1965 that are otherwise permissible under such programs and that provide students with educational enrichment activities and instruction, such as archery, hunter safety education, or culinary arts.
Sponsor: Sen. Jon Tester (D-MT)

S. 2736

A bill to clarify that section 8526(7) of the Elementary and Secondary Education Act of 1965 does not apply with respect to the use of funds for sports clubs, teams, training, or related activities provided for students.
Sponsor: Sen. John Barrasso (R-WY)

S. 2738

A bill to prohibit through December 31, 2024, the imposition of a mask mandate on passengers of air carriers or public transit and in educational settings within the United States, and for other purposes.
Sponsor: Sen. J.D. Vance (R-OH)

S. 2739

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.
Sponsor: Sen. Maggie Wood Hassan (D-NH)

S.J.Res. 43

A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Education relating to "Improving Income Driven Repayment for the William D. Ford Federal Direct Loan Program and the Federal Family Education Loan (FFEL) Program".
Sponsor: Sen. Bill Cassidy (R-LA)