Sept. 3, 2024
The information covered below is from July 26, 2024, through August 29, 2024.
Highlights:
Administration:
U.S. Department of Education (USED):
U.S. Department of Education (USED) announces delay in launch of 2025-2026 Free Application for Federal Student Aid (FAFSA) form: On August 7, the USED announced a new process and timeline for the rollout of the FAFSA for the 2025-26 school year. According to the Department, starting on October 1, 2024, the new form will be tested among a limited group of students and institutions of higher education. This process “will allow the Department to test and resolve issues before making the form available to all students and contributors.” The new process and timeline are in response to the difficulties and delays experienced with the rollout of the 2024-25 FAFSA form. U.S. Secretary of Education Miguel Cardona noted that, “...the Department listened carefully to the input of students, families, and higher education institutions, made substantial changes to leadership and operations at Federal Student Aid (FSA), and is taking a new approach this year that will significantly improve the FAFSA experience.” In response to the Department’s announcement, House Education and the Workforce Committee Chairwoman Virginia Foxx issued a statement that, “Needing yet another delay to ‘fix’ issues for the second consecutive year reveals yet another layer of the Department’s mismanagement of FASFA these past four years. Clear communication has been sorely lacking and should be the bare minimum going forward. I’ll continue fighting for transparency and accountability until a complete and ready FAFSA actually materializes.”
On August 27, the USED released the framework for the testing period it will use starting October 1, 2024, for the 2025-26 FAFSA, including a form that community-based organizations (CBOs), high schools, and institutions of higher education (IHEs), among other stakeholders, can submit to indicate their interest in participating in the first beta period. In conjunction with the release of the framework and beta period, the Department also announced three driving principles of the beta period: confidence in end-to-end testing of the FAFSA process; confidence through inclusion of different student populations; and building confidence through partner and student support. Following the first beta test period, the Department will expand to other types of organizations and institutions to recruit participants, including high schools and additional IHEs.
The FAFSA Simplification Act, passed in 2021, authorized a new, simplified FAFSA form and required the Department to implement the new form for the 2024-25 award year. Previously, the FAFSA typically became available on October 1, with institutions receiving FAFSA applicant information shortly thereafter. The USED has been criticized by Congressional leaders of both parties for the challenges related to the rollout of the new form.
USED releases final priorities for Postsecondary Student Success Grants (PSSG): On August 15, the USED finalized the priorities, requirements, definitions and selection criteria for the Postsecondary Student Success Grant (PSSG) program. The PSSG program aims to improve postsecondary student outcomes, including retention and completion, through evidence-based activities to support data-driven decisions and actions that lead to credentials. In June, the Department published the proposed priorities, requirements, and definitions for public comment. Based on the comments received during that period, the Department updated several provisions from the initial proposal, including changing “Proposed Priority 4 on using data for continuous improvement to a selection criterion and adding examples of evaluation strategies…and revising the examples of allowable uses of funds to include using data to administer the program effectively at the institution and/or State or system levels,” among other changes. Regarding the final priorities for the PSSG program, the USED establishes the following four priorities: (1) Priority 1—Early Phase; (2) Priority 2—Mid-Phase: Projects Supported by Moderate Evidence; (3) Priority 3—Expansion: Projects Supported by Strong Evidence; and (4) Priority 4—Projects That Support College-to-Career Pathways and Supports. The finalized priorities, requirements, definitions, and selection criteria will be effective September 16, 2024.
USED announces new actions to provide additional student debt relief: On July 31, the USED announced it would begin contacting borrowers to provide information on potential debt relief, informing them that they have until August 30 to communicate with their servicer if they wish to opt out of potential relief. Eligible borrowers for relief were set in draft rules released by the Department in April, and include 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. If the rules are implemented as drafted, borrowers would be issued relief automatically; borrowers would not be required to apply. In a statement regarding the relief, President Biden remarked, “By providing more information to borrowers on how they can take advantage of our upcoming debt relief programs, borrowers will be prepared to benefit swiftly once the rules are final.”
USED releases final regulations for the Education Department General Administrative Regulations (EDGAR): On August 29, the USED’s Office of Planning, Evaluation, and Policy Development (OPEPD) issued its final regulations for the EDGAR, the rules that govern how the Department awards and manages grants. A summary for the final regulations notes that changes have been made to address provisions that have become outdated or inconsistent with other Department regulations, along with other updates and improvements. A wide range of changes since the regulations were last updated in 2013, include:
The regulations will be effective on September 30, 2024.
Government Accountability Office (GAO) releases report with data on student loan repayment, showing nearly 30% are past due on payments: On August 14, the GAO released a report titled, “Federal Student Loans: Preliminary Observations on Borrower Repayment Practices after the Payment Pause,” which examined how many borrowers were current on their student loan payments after the student loan payment pause. The findings showed that about half of the 43 million borrowers were current on their payments, and nearly one-third were past due. The remaining borrowers were not expected to make payments on their loans because of deferment or forbearance. The GAO also studied borrowers enrolled in the Saving on a Valuable Education (SAVE) plan, the Biden Administration’s Income-Driven Repayment (IDR) plan and found that roughly a quarter of the borrowers in repayment were enrolled in the SAVE plan. Of the 6.2 million borrowers enrolled in the SAVE plan (see below for additional information under U.S. Courts), nearly 60% were scheduled to pay $0 as on January 31, 2024.
U.S. Department of Health and Human Services (HHS):
Biden Administration releases final regulations for Head Start: On August 16, the U.S. Department of Health and Human Services (HHS) released a final rule to revise Head Start regulations. The new rule titled, “Supporting the Head Start Workforce and Consistent Quality Programming,” makes changes to the Head Start Program Performance Standards (HSPPS), which according to HHS are aimed at “support [ing] and stabiliz[ing] the Head Start workforce and improv[ing] the quality of services Head Start programs provide to children and families.” These changes include requirements for wages and benefits and enhanced support for staff health and wellness, among other provisions. Additionally, the final regulation includes enhancements to mental health services to better integrate mental health into every aspect of program service delivery. According to HHS, the rule also includes changes in the areas of family service worker family assignments, identifying and meeting community needs, ensuring child safety, services for pregnant women, and alignment with State early childhood systems. In response to the release of the final regulation by the Biden Administration, Senate Health, Education, Labor, and Pensions (HELP) Committee Ranking Member Bill Cassidy (R-LA) issued a statement that, “The final Biden-Harris rule imposes federally mandated wage increases for staff, which includes a $15 federal minimum wage for all support staff. This policy violates federal law...” Ranking Member Cassidy then went on to note, “According to HHS, the wage mandate could increase costs for Head Start programs by $62 million per year, reducing the number of funded Head Start slots available to low-income children by 14% or 104,764 children.”
Congress:
Senate:
Senate advances of the Fiscal Year (FY) 2025 Senate Labor, Health and Human Services, Education, and Related Agencies (Labor/HHS) Appropriations Bill: On August 1, the Senate Appropriations Committee held a markup and advanced, by a bipartisan vote of 25 to 3, the FY2025 Senate Labor/HHS Appropriations bill and report, which includes funding for the USED and the U.S. Department of Health and Human Services (HHS). The FY2025 Senate Labor/HHS Appropriations bill proposes $79.95 billion for the USED, which is an increase of $901 million or 1.1% above the FY2024 level. Below are highlights of funding levels included in the FY2025 Senate Labor-HHS Appropriations bill for key education and early learning programs:
Senate passes the bipartisan, bicameral Children and Teens’ Online Protection Act (COPPA 2.0) and the Kids Online Safety Act (KOSA): On July 30, the Senate passed S. 1418, COPPA 2.0, and S. 1409, KOSA, both by votes of 91-3. COPPA 2.0 was first introduced in May 2023, and updates online data privacy rules to strengthen protections for children and teenagers online. Specifically, COPPA 2.0 prohibits internet companies from collecting personal information from users who are under 17 years old without their consent; bans targeted advertising to children and teens; and establishes a Youth Marketing and Privacy Division at the Federal Trade Commission (FTC); among other provisions. KOSA requires that online platforms disable addictive product features and requires them to activate the most protective privacy settings for kids by default, among other provisions. Following the passage of the bills, Senate Commerce Committee Chairwoman Maria Cantwell (D-WA) said, “Taken together, COPPA 2.0 and KOSA will give parents new tools to protect their kids online [and] hold social media companies accountable for harm.”
House:
House Education and the Workforce Committee Chairwoman Foxx and Ranking Member Scott submit comments on the USED’s proposed regulations for federal TRIO programs, distance education, and Return to Title IV (R2T4): On August 23, House Education and the Workforce Committee Chairwoman Virginia Foxx (R-NC) and Ranking Member Bobby Scott (D-VA) submitted separate comments on the USED’s proposed regulations for federal TRIO programs, distance education, and Return to Title IV (R2T4). The proposed regulations were released on July 17, and are aimed at increasing access to higher education for more high school students, including Dreamers; improving public data on student outcomes, including through increased oversight over distance education programs; and revising regulations governing the process institutions must conduct when a student aid recipient withdraws from an institution (known as R2T4). Chairwoman Foxx’s letter, joined by several of her Republican colleagues, urged the Department to withdraw its rule, particularly as it relates to the Department’s proposal to expand eligibility to TRIO services to include students without immigration status. The letter writes that the “proposed expansion is a blatant attempt to provide additional taxpayer-funded services to those not seeking citizenship in the name of reducing ‘burden.’” In contrast, Ranking Member Scott’s letter supports the proposed regulations, including the proposed changes to the TRIO program, stating that the rule “strikes a balance and allows undocumented students to participate in the Upward Bound Program, but prohibits such students from receiving direct cash stipends.”
House Education and the Workforce Committee Chairwoman Foxx subpoenas leader at Columbia University; House leaders continue investigation in antisemitism on college campuses
On August 21, House Education and the Workforce Committee Chairwoman Virginia Foxx (R-NC) issued six subpoenas to leaders at Columbia University “compelling production of documents and communications” in accordance with the Committee’s investigation into antisemitic events on the institution’s campus. The subpoenas were issued to Columbia University’s Interim President Katrina Armstrong and the Co-Chairs and Vice Chairs of the University’s Board of Trustees and requires all documentation and communications “referring or relating to alleged antisemitic incidents and/or conduct violations relating to the Israeli-Palestinian conflict by Columbia students, faculty, and staff since October 7,” among other items. The subpoenas follow the resignation of former Columbia President Minouche Shafik on August 14.
Additionally, on August 22, Chairwoman Foxx and Ways and Means Committee Chairman Jason Smith (R-MO) sent letters to ten universities requesting information on their preparation for potential protests and encampments as students return to campus for the Fall semester. Specifically, the letters request information regarding how the institutions are planning “for unauthorized encampments, protests, and other disruptions on campus,” including any revised rules or changes to disciplinary procedures. The letters were sent to leaders at the University of California, Berkeley, Harvard University, and the University of Pennsylvania, among others.
U.S. Courts:
U.S. Supreme Court blocks implementation of final Title IX rule released by the Biden Administration: On August 16, the Supreme Court blocked the partial enforcement of the final Title IX rule released by the Biden Administration, which prohibits discrimination on the basis of sex in education programs or activities receiving federal financial assistance. On July 22, U.S. Solicitor General Elizabeth Prelogar submitted filings to the U.S. Supreme Court requesting that the Court partially lift two preliminary injunctions that block the recent final Title IX rule issued by the Biden Administration from being enforced. Specifically, the filings challenge rulings from lower courts, which the Solicitor General states block “dozens of provisions that respondents had not challenged and that the court did not purport to find likely invalid.” The Supreme Court’s 5-4 decision denies the Solicitor General’s request, writing that the “the Government has not provided this Court a sufficient basis to disturb the lower courts' interim conclusions that the three provisions found likely to be unlawful are intertwined with and affect other provisions of the rule.” Justice Sonia Sotomayor dissented, joined by Justices Elena Kagan, Neil Gorsuch, and Ketanji Brown Jackson, writing that, “By blocking the Government from enforcing scores of regulations that respondents never challenged and that bear no apparent relationship to respondents’ alleged injuries, the lower courts went beyond their authority to remedy the discrete harms alleged here.” The Biden Administration’s final Title IX regulation was released in April and was scheduled to take effect on August 1. Several Republican Attorneys General have challenged the new rules, particularly the sections of the rule that provide protections for gender identity, arguing that the rules violate the original intent of Title IX.
U.S. Supreme Court temporarily blocks implementation of Biden Administration’s Income-Driven Repayment Plan, Saving on a Valuable Education (SAVE) plan: On August 28, the Supreme Court issued an order regarding the implementation of the SAVE plan, denying the Administration’s August 14 emergency application to vacate an injunction regarding the implementation of the plan ordered by the Eighth Court of Appeals. The Supreme Court order, in alignment with the injunction by the Appeals Court, blocks implementation of the SAVE plan while the Appeals Court continues to hear the case brought by Missouri’s Attorney General on behalf of five other states. Additionally, on August 28, the Supreme Court issued an order in another case brought by Alaska, South Carolina, and Texas, also allowing the case to continue to be heard by the Eighth Circuit Court of Appeals. First announced in August 2023, the Biden Administration’s Income-Driven Repayment (IDR) plan – known as the SAVE Plan – reduces student loan payments from 10% to 5% of a borrower’s discretionary income, among other provisions. The three states argued that the plan would reduce tax revenue and cause “a competitive harm to their ability to recruit and retain employees to state public service employment.” In an earlier ruling, District Judge Daniel Crabtree ruled that the three states “barely” showed the harm the SAVE Plan would cause, but could continue their challenge to the SAVE plan (initially, 11 states brought the challenge).
Oklahoma to seek Supreme Court review of taxpayer-funded religious public schools: On June 25, the Oklahoma Supreme Court rejected a state contract to open St. Isidore of Seville Catholic Virtual School, which would be the first public religious charter school in the country. The Oklahoma Supreme Court wrote that, “The St. Isidore Contract violates state and federal law and is unconstitutional,” in the court’s 6-2 decision. 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.” Gov. Stitt’s statement confirmed the state would be seeking the Supreme Court’s review of the case, adding, “I remain hopeful the U.S. Supreme Court will hear the case and grant St. Isidore the right to establish their school.” On July 30, the Oklahoma Statewide Charter School Board voted to petition the Supreme Court on whether the state can enter into a contract with a religious charter school.
Upcoming Events (Congress & Administration):
Upcoming Events (Outside Organizations):
Publications (Outside Organizations):
Legislation:
Introduced in the House of Representatives:
H.R. 9180
A bill to amend the Omnibus Crime Control and Safe Streets Act of 1968 to provide education assistance to public safety officers, and for other purposes.
Sponsor: Rep. Yadira Caraveo (D-CO)
H.R. 9185
A bill to amend the Higher Education Act of 1965 to establish notification requirements for policies concerning expectant and parenting students, and for other purposes.
Sponsor: Rep. Colin Allred (D-TX)
H.R. 9192
A bill to amend the Higher Education Act of 1965 to include notification and automatic enrollment procedures for borrowers who are delinquent on loans, and for other purposes.
Sponsor: Rep. Suzanne Bonamici (D-OR)
H.R. 9193
A bill to appropriate funds for the Federal Communications Commission’s “rip and replace” program and Affordable Connectivity Program, to improve the Affordable Connectivity Program, to require a spectrum auction, and for other purposes.
Sponsor: Re. Nikki Budzinski (D-IL)
H.R. 9209
A bill to amend the Workforce Innovation and Opportunity Act to address the economic and workforce impacts of substance use disorder.
Sponsor: Rep. Pramila Jayapal (D-WA)
H.R. 9211
A bill to improve educational efforts related to artificial intelligence literacy at the K through 12 level, and for other purposes.
Sponsor: Rep. Thomas Kean (R-NJ)
H.R. 9213
A bill to amend the Internal Revenue Code of 1986 to increase the rate of the excise tax based on investment income of private colleges and universities and to broaden the definition of applicable educational institution by lowering the threshold with respect to aggregate fair market value per student, and for other purposes.
Sponsor: Rep. Michael Lawler (R-NY)
H.R. 9214
A bill to amend the Higher Education Act of 1965 to prevent certain alcohol and substance misuse.
Sponsor: Rep. Teresa Leger Fernandez (D-NM)
H.R. 9215
A bill to facilitate the growth of multidisciplinary and diverse teams that can advance the development and training of safe and trustworthy artificial intelligence systems, and for other purposes.
Sponsor: Rep. Zoe Lofgren (D-CA)
H.R. 9218
A bill to establish a clear and consistent biological definition of male and female.
Sponsor: Rep. Mary Miller (R-IL)
H.R. 9222
A bill to create a new Federal grant program that provides grants to State libraries to allow schools with summer lunch programs to keep their libraries open for student use during the summer months.
Sponsor: Rep. Joe Morelle (D-NY)
H.R. 9256
A bill to amend the Internal Revenue Code of 1986 to increase and adjust for inflation the above-the-line deduction for teachers.
Sponsor: Rep. Morgan Griffith (R-VA)
H.R. 9264
A bill to amend the Higher Education Act of 1965 and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act to combat campus sexual assault, and for other purposes.
Sponsor: Rep. Ro Khanna (D-CA)
H.R. 9270
A bill to establish a grant program within the Department of Labor to support the creation, implementation, and expansion of registered apprenticeship programs in cybersecurity.
Sponsor: Rep. Susie Lee (D-NV)
H.R. 9284
A bill to amend the Servicemembers Civil Relief Act to limit the interest rate on student loans incurred by a servicemember before military service and consolidated or refinanced during military service, and for other purposes.
Sponsor: Rep. Delia Ramirez (D-IL)
H.R. 9307
A bill to establish a competitive grant program for reducing the student absence rate of certain local educational agencies, and for other purposes.
Sponsor: Rep. Ruben Gallego (D-AZ)
H.R. 9344
A bill to require the Secretary of Education to carry out a grant program to promote youth sports programs in elementary and secondary schools.
Sponsor: Rep. Nikema Williams (D-GA)
H.R. 9354
A bill to amend the Internal Revenue Code of 1986 to make certain temporary provisions relating to the child tax credit permanent, to make such credit fully refundable, and to increase the corporate tax rate.
Sponsor: Rep. Katie Porter (D-CA)
H.R. 9366
A bill to direct the Secretary of Health and Human Services to identify, review, and implement effective interventions in Head Start programs, and for other purposes.
Sponsor: Rep. Mark DeSaulnier (D-CA)
H.R. 9370
A bill to require State agencies to inform recipients of supplemental nutrition assistance program benefits, participants in the WIC program, and recipients of assistance under the TANF program of card skimming, card cloning, and similar fraudulent methods of stealing such benefits or assistance; and for other purposes.
Sponsor: Rep. Josh Gottheimer (D-NJ)
H.R. 9402
A bill to support National Science Foundation education and professional development relating to artificial intelligence, and for other purposes.
Sponsor: Rep. Vince Fong (R-CA)
H.R. 9403
A bill to support a broad and diverse interdisciplinary research community for the advancement of artificial intelligence (AI) and AI-powered innovation through partnerships and capacity building at certain institutions of higher education and other institutions to expand AI capacity in populations historically underrepresented in STEM, and for other purposes.
Sponsor: Rep. Valerie Foushee (D-NC)
H.R. 9406
A bill to amend the Richard B. Russell National School Lunch Act to improve the efficiency of summer meals.
Sponsor: Rep. Rick Larsen (D-WA)
H.R. 9441
A bill to amend the Higher Education Act of 1965 to reduce the maximum interest rates for Federal Direct student loans, and for other purposes.
Sponsor: Rep. Jared Moskowitz (D-FL)
H.Res. 1404
A resolution expressing support for keeping guns out of classrooms.
Sponsor: Rep. Jahana Hayes (D-CT)
Introduced in the Senate:
S. 4822
A bill to ensure that parents are aware of foreign influence in their child’s public school, and for other purposes.
Sponsor: Sen. Ted Cruz (R-TX)
S. 4841
A bill to amend the Education Sciences Reform Act of 2002 to establish a National Center for Advanced Development in Education at the Institute for Education Sciences, and for other purposes.
Sponsor: Sen. Michael Bennet (D-CO)
S. 4843
A bill to establish a Summer for All program through summer enrichment expansion grants and summer programming State grants, and for other purposes.
Sponsor: Sen. Chris Murphy (D-CT)
S. 4862
A bill to ensure that new advances in artificial intelligence are ethically adopted to improve the health of all individuals, and for other purposes.
Sponsor: Sen. Mike Rounds (R-SD)
S. 4874
A bill to amend the Internal Revenue Code of 1986 to expand the employer-provided childcare credit and the dependent care assistance exclusion.
Sponsor: Sen. Tim Kaine (D-VA)
S. 4876
A bill to create a new Federal grant program that provides grants to State libraries to allow schools with summer lunch programs to keep their libraries open for student use during the summer months.
Sponsor: Sen. Jeff Merkley (D-OR)
S. 4880
A bill to implement or strengthen programs that increase the supply of quality child care services by enhancing the wages of child care workers, and for other purposes.
Sponsor: Sen. Tim Kaine (D-VA)
S. 4889
A bill to remove educational barriers to Federal employment for workers who are skilled through alternative routes, and for other purposes.
Sponsor: Sen. Sherrod Brown (D-OH)
S. 4896
A bill to authorize the National Science Foundation to support research on the development of artificial intelligence-enabled efficient technologies.
Sponsor: Sen. Peter Welch (D-VT)
S. 4903
A bill to amend the Workforce Innovation and Opportunity Act to require youth representation on each State workforce development board, and for other purposes.
Sponsor: Sen. Laphonza Butler (D-CA)
S. 4804
A bill to establish the National Fab Lab Network, a nonprofit organization consisting of a national network of local digital fabrication facilities providing universal access to advanced manufacturing tools for workforce development, STEM education, developing inventions, creating businesses, producing personalized products, mitigating risks, and for other purposes.
Sponsor: Sen. Chris Van Hollen (D-MD)
S. 4926
A bill to establish a new Guaranteed Student Loan Program.
Sponsor: Sen. Mike Rounds (R-SD)
S. 4950
A bill to amend the Workforce Innovation and Opportunity Act regarding Native American programs.
Sponsor: Sen. Ben Ray Lujan (D-NM)
S. 4957
A bill to amend the Public Health Service Act to provide for a health care workforce innovation program.
Sponsor: Sen. Ron Wyden (D-OR)
S. 4962
A bill to amend the Higher Education Act of 1965 and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act to combat campus sexual assault, and for other purposes.
Sponsor: Sen. Kirsten Gillibrand (D-NY)
S. 4967
A bill to amend the Child Care and Development Block Grant Act of 1990 to reauthorize and update the Act, and for other purposes.
Sponsor: Sen. Deb Fischer (R-NE)
S. 4980
A bill to amend the Workforce Innovation and Opportunity Act to expand the capacity of junior or community colleges and area career and technical education schools to conduct training services, education, and outreach activities for careers in the residential construction industry.
Sponsor: Sen. Jacky Rosen (D-NV)
S. 4981
A bill to provide eligible institutions with grant funds to support programs of study for in-demand industry sectors or occupations.
Sponsor: Sen. Jacky Rosen (D-NV)
S.Res. 777
A resolution keeping guns out of classrooms.
Sponsor: Sen. Chris Murphy (D-CT)
S.Res. 795
A resolution condemning the botched rollout by the Department of Education of the FAFSA Simplification Act.
Sponsor: Sen. Mike Rounds (R-SD)
These materials have been prepared for informational purposes only and are not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Internet subscribers and online readers should not act upon this information without seeking professional counsel.