EducationCounsel - E-Update for May 3, 2024 (2024)

The information below is primarily from the period of April 12, 2024, through April 25, 2024. Updated information for this week will be included in our next publication.

Highlights:

  • On April 30, the U.S. Department of Education (USED) Secretary Miguel Cardona testified before the Senate Labor, Health and Human Services, Education, and Related Agencies (Labor/HHS) Appropriations Subcommittee to examine President Biden’s fiscal year (FY) 2025 Budget Request for the USED. Members of the Subcommittee raised a number of issues throughout the hearing, including ongoing protests and an increase in antisemitism on college campuses, as well as challenges with the implementation of the new Free Application for Federal Student Aid (FAFSA). A detailed summary of the Secretary’s testimony will be included in our next publication.
  • On April 19, the USED released a final Title IX rule, which “clarif[ies] the scope and application of Title IX and the obligations of recipients of Federal financial assistance.” Title IX prohibits discrimination on the basis of sex in education programs or activities receiving federal financial assistance. The final rule includes sexual orientation and gender identity within the protections of Title IX.
  • On April 16, the House Education and the Workforce Committee held a hearing titled, “Columbia in Crisis: Columbia University's Response to Antisemitism,” during which the leadership of Columbia University addressed the university’s response to the recent wave of antisemitism on campus.

Administration:

U.S. Department of Education (USED):

Biden Administration releases draft of rules to provide debt relief: Building on President Biden’s announcement on April 8 regarding the Administration’s new plan to provide student debt relief, the USED released the first round of draft rules to provide additional federal student debt forgiveness. Shortly after the Supreme Court struck down the Biden Administration's previous effort to forgive student loan debt, President Biden indicated that the USED would develop a new plan “using the Secretary’s authority under the Higher Education Act.” Specifically, the proposed regulations, which were published on April 17, include “nine rules that permit separate and distinct types of waivers using the Secretary of Education’s longstanding authority under the Higher Education Act.”

The draft rules propose to issue forgiveness for (1) certain borrowers who owe more than they originally borrowed, (2) borrowers with undergraduate debt who entered repayment at least 20 years ago, (3) borrowers with graduate debt who entered repayment at least 25 years ago, (4) borrowers who took out debt to attend programs or institutions that failed to provide sufficient financial value, and (5) borrowers who are otherwise eligible for loan forgiveness, but not enrolled under certain programs, including the Biden Administration’s income-driven repayment (IDR) plan – known as the Saving on A Valuable Education (SAVE) plan – closed school discharge, Public Service Loan Forgiveness (PSLF), or other forgiveness programs. Comments on the proposed rules will be accepted through May 17.

Additionally, the Department is continuing to draft a proposed rule that would support other student loan borrowers experiencing financial hardship, which is expected to be released for comment in the “coming months.” USED stated that the proposed rule is expected to “include proposals to authorize the automatic forgiveness of loans for borrowers at a high risk of future default as well as those who show hardship due to other indicators, such as high medical and caregiving expenses.”

In response to the release of the proposed regulations, House Education and the Workforce Chairwoman Virginia Foxx (R-NC) stated, “Mr. President, you have no legal ground to stand upon…It is mired in utter contempt for the Supreme Court and every student, family, and hardworking taxpayer in this country.”

USED Secretary Cardona travels to Arkansas for student debt forgiveness roundtable and FAFSA clinic: On April 23, USED Secretary Cardona traveled to Little Rock, Arkansas, to participate in a roundtable to highlight student debt forgiveness and visit a clinic for students and families who are submitting the FAFSA. At the roundtable, Secretary Cardona spoke with borrowers who have been approved for relief through one of the four existing major student loan forgiveness programs: Public Service Loan Forgiveness (PSLF), Income-Drive Repayment (IDR), Saving On A Valuable Education (SAVE), or Total and Permanent Disability (TPD). Visiting the FAFSA clinic, Secretary Cardona shared on X that the “community [came] together to help students and families sign up for the federal aid they need to afford college.”

USED announces an additional $7.4 billion in student loan forgiveness: On April 12, the USED announced the approval of $7.4 billion in additional student loan debt relief for 277,000 borrowers. This latest round of student debt relief includes $3.6 billion for nearly 206,800 borrowers through the Biden Administration’s SAVE plan. Specifically, the discharges are for borrowers who are eligible for the shortened time-to-forgiveness benefit under the SAVE plan. First announced in August 2023, the Biden Administration’s IDR plan – known as the SAVE Plan – reduces student loan payments from 10% to 5% of a borrower’s discretionary income, among other provisions. Additionally, $3.5 billion in student loan forgiveness is provided to 65,800 borrowers through administrative adjustments to IDR payment counts that have brought borrowers closer to forgiveness and address concerns with the misuse of forbearance by loan servicers. The announcement also includes $300 million in PSLF discharges for more than 4,600 borrowers. According to the USED, this announcement brings the total loan forgiveness approved by the Biden Administration to $153 billion for nearly 4.3 million Americans. Announcing the forgiveness, USED Secretary Cardona said, “As long as there are people with overwhelming student loan debt competing with basic needs such as food and healthcare, we will remain relentless in our pursuit to bring relief to millions across the country.”

USED announces new path for federal borrowers who are incarcerated to exit default through consolidation: On April 16, the USED announced a new path for federal student loan borrowers to exit default through consolidation. Borrowers who had student loans before becoming incarcerated can now consolidate their loans to get out of default, which will provide them with certain types of loans to gain access to IDR plans, including the SAVE Plan. Prior to this new option, borrowers who are incarcerated would have had to rehabilitate their loans to exit default. As part of the announcement, USED Secretary Cardona visited a Second Chance Pell program at Cheshire Correctional Institution in Cheshire, Connecticut, during which he said, “By increasing access to repayment options for student loan borrowers who are incarcerated, the Department of Education is taking one important step to help them to reclaim their lives and rewrite their own narratives.”

USED announces Request for Information on developing a postsecondary student success award program as part of events focused on postsecondary success and mental health of college students: On April 23, the USED and the Institute for Higher Education Policy (IHEP) hosted he “Securing the Mental Health of America’s College Students Preconference,” which was aimed at highlighting actions to support the mental health of postsecondary students. Specifically, the preconference called attention to federal and state investments to support behavioral health, as well as innovative institutional behavioral health supports. Additionally, the event shared best practices and research, including to support diverse student populations on campuses, among other efforts. On April 24, the USED and IHEP also co-hosted the “Attaining College Excellence and Equity Advising Summit,” which brought together leading experts from the federal government, states, institutions, and the wider higher education community to share the knowledge, resources, and tools to drive concrete institutional and state improvements in advising practices and spotlight evidence-based and innovative promising practices.

USED Secretary Cardona offered remarks at both events and was joined by Institute for Education Sciences (IES) Acting Director Matt Soldner at the summit, who discussed evidence-based strategies for effective postsecondary advising. During his remarks, Secretary Cardona announced a Request for Information (RFI) regarding developing a postsecondary student success award program for institutions of higher education (IHEs), stating, “Instead of giving schools high marks for the number of students they turn down, we want to recognize schools doing the most to lift students up.” The RFI states that, “The Department is interested in developing an award system to recognize IHEs that are supporting success across all of their students by conferring affordable credentials of value that lead to economic success, while enrolling student bodies reflective of their communities—including students from underserved populations. The Department requests comments on how to understand institutions' efforts to ensure success in postsecondary education in order to evaluate and select institutions to receive the award.”

USED releases final Title IX regulation: On April 19, the USED released a final Title IX rule, which “clarif[ies] the scope and application of Title IX and the obligations of recipients of Federal financial assistance from the Department, including elementary schools, secondary schools, [and] postsecondary institutions, … to provide an educational environment free from discrimination on the basis of sex, including through responding to incidents of sex discrimination.” The Department also released a fact sheet, a summary of the major provisions of the final regulation, and a resource for drafting Title IX nondiscrimination policies, notices of nondiscrimination, and grievance procedures. The final regulation follows a Notice of Proposed Rulemaking (NPRM) that was issued in July 2022, which received more than 240,000 comments. The final regulation will be effective on August 1, 2024.

According to Politico, the final Title IX regulation, “redefines sex-based harassment as ‘unwelcome sex-based conduct that creates a hostile environment by limiting or denying a person’s ability to participate in or benefit from a school’s education program or activity.’ This is a change from the [Trump Administration-era] rule, which only prohibits unwelcome sex-based misconduct if it is ‘so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient’s education program or activity.’” Politico notes that the final regulation will also, “[c]odify protections based on gender identity for the first time, safeguarding transgender and nonbinary students from discrimination.” Additionally, Politico adds that, the final regulation, “[m]aintain[s] several major provisions from the current regulations,” but, “the process is less prescriptive than what was issued under [the Trump Administration].” For instance, the final regulation, according to Politico, “emphasizes that a school may not punish a student while an investigation is in progress, nor presume they are guilty of misconduct until a determination is made at the end of a school’s grievance procedures.” (NOTE: A POLITICO subscription is required to view the full article.)

The Department’s press release notes that it is committed to supporting schools in implementing the final regulation and will provide technical assistance and additional resources to schools to support implementation and compliance. Additionally, the Department’s rulemaking process is still ongoing for a Title IX regulation related to athletics.

In response to the final rule, House Education and the Workforce Committee Chairwoman Virginia Foxx (R-NC) issued a statement, asserting that the rule “places the radical agenda of left-wing ideologues above the safety of women and girls across the nation.” House Education and the Workforce Committee Ranking Member Bobby Scott (D-VA) also issued a statement, writing that the final regulations, “mark a monumental step in our fight to address sexual harassment, assault, and discrimination in K-12 and higher education—all while preserving the rights of the accused.”

National Science Foundation (NSF):

National Science Foundation (NSF) invests $90M in innovative national scientific cyberinfrastructure for transforming STEM education: On April 24, the NSF announced the investment of $90 million over five years in SafeInsights, a cyberinfrastructure aimed at transforming learning research and STEM education by facilitating research coordination and leveraging data across a range of major digital learning platforms. The investment is funded through the Mid-Scale Research Infrastructure Level-2 program (Mid-scale RI-2), and is led by OpenStax, a nonprofit educational technology initiative at Rice University. NSF stated that SafeInsights has a “unique privacy-protecting approach and emphasis on the inclusion of students, educators and researchers from diverse backgrounds, [which enables] extensive, long-term research on the predictors of effective learning, which are key to academic success and persistence.” Announcing the investment, NSF Director Sethuraman Panchanathan said, “There is an urgent need for research-informed strategies capable of transforming educational systems, empowering our nation's workforce, and propelling discoveries in the science of learning. By investing in cutting-edge infrastructure and fostering collaboration among researchers and educators, we are paving the way for transformative discoveries and equitable opportunities for learners across the nation.”

U.S. Department of Agriculture (USDA):

U.S. Department of Agriculture publishes final rule on school meal standards: On April 24, the U.S. Department of Agriculture (USDA) announced a final rule for school nutrition programs, titled, “Child Nutrition Programs: Meal Patterns Consistent With the 2020-2025 Dietary Guidelines for Americans.” The USDA stated that the “changes are based on a comprehensive review of the Dietary Guidelines for Americans, 2020-2025, robust stakeholder input on the [Child Nutrition Programs (CNP)] meal patterns, and lessons learned from prior rulemakings.” The final rule will go into effect on July 1, 2024, and a gradual phasing in of changes will take place between Fall 2025 and Fall 2027 to ensure school meal programs include less sugar and have greater flexibility with menu planning. Additional key updates include “slight” reductions in sodium content and the continued inclusion of flavored and unflavored milks with a new limit on added sugars, while no changes were made to current nutrition standards for whole grains. USDA released an implementation timeline to help schools and districts understand the school years by which changes should be made, as well as a comparison chart between the 2023 proposed standards and the 2024 final standards and an infographic on the final rule.

Following the announcement on the final rule, House Education and the Workforce Committee Chairwoman Virginia Foxx (R-NC) issued a statement, calling the standards “unrealistic” and adding, “Rather than respecting the decades of work undertaken by school nutritionists and local professionals, the Department still wants to push regulations that run counter to the nutritional quality that students deserve in their meals.” House Education and the Workforce Committee Ranking Member Bobby Scott (D-VA) also issued a statement “applauding” the final rule and the phased implementation process, stating, “Better aligning school meal standards with the latest scientifically developed Dietary Guidelines for Americans (DGAs) in a pragmatic and phased-in approach ensures that meals are as nutritious as possible.”

U.S. Department of Commerce:

U.S. Department of Commerce announces plan to host national child care summit: On April 17, the U.S. Department of Commerce announced a plan to host a National Child Care Innovation Summit later this year, in partnership with the U.S. Chamber of Commerce and the U.S. Chamber of Commerce Foundation. The summit aims to bring together key public- and private-sector stakeholders to discuss the vital role of child care in the economy and to highlight efforts toward achieving accessible, affordable, and high-quality child care. The Department of Commerce plans to call attention to child care solutions, including creative care models and policies, emerging employer approaches, and public-private partnerships that can help address the child care crisis.

The summit was announced on the one-year anniversary of President Biden’s Executive Order on Increasing Access to High-Quality Care and Supporting Caregivers. The White House hosted an event titled, “Making Care Work,” to mark the anniversary and met with federal agency officials and state leaders to discuss the importance of strengthening the nation’s Care economy. A White House Fact Sheet outlined additional key actions the Biden Administration is taking to encourage federal agency funding applicants to provide supportive services and care for workers. The actions include the release of new resources, including from the White House Council of Economic Advisers’ “Seven Facts About the Economics of Child Care,” a White House guide on Advancing Care as a Supportive Service, and U.S. Department of Labor Guidance on Supportive Services for Child Care and Long-Term Care.

Congress:

U.S. House of Representatives:

House Education and the Workforce Committee holds hearing regarding Columbia University's response to antisemitism: On April 16, the House Education and the Workforce Committee held a hearing titled, “Columbia in Crisis: Columbia University's Response to Antisemitism.” The Committee heard from four witnesses: Dr. Nemat “Minouche” Shafik, President of Columbia University; Professor David Schizer, Dean Emeritus and Harvey R. Miller Professor of Law & Economics at Columbia Law School; Claire Shipman, Columbia University Board of Trustees Co-Chair; and David Greenwald, Columbia University Board of Trustees Co-Chair.

In her opening statement, Chairwoman Virginia Foxx (R-NC) criticized Columbia and its leadership, stating, "Since October 7, this Committee and the nation have watched in horror as so many of our college campuses, particularly the most expensive, so-called elite schools, have erupted into hotbeds of antisemitism and hate. Dr. Shafik, Mr. Schizer, Ms. Shipman, and Mr. Greenwald, you are here testifying today because Columbia University is one of the worst of those hotbeds and we have seen far too little, far too late done to counter that and protect students and staff. Columbia stands guilty of gross negligence at best and at worst has become a platform for those supporting terrorism and violence against the Jewish people.” Ranking Member Bobby Scott (D-VA) stated in his opening statement that, “schools have a responsibility to foster campus environments that promote understanding, respectful dialogue, and, above all else, student safety for all students…Jewish students, in fact all students have a right to attend college free from hostility and in compliance with Title VI of the Civil Rights Act of 1964. There is no excuse for antisemitism on campus.” Throughout the hearing, members of the Committee questioned the Columbia leadership on its response to the wave of antisemitism on campus, as well as interrogated the potential reasons as to why it has occurred.

Following the hearing, Chairwoman Foxx sent a letter to Dr. Shafik, Ms. Shipman, and Mr. Greenwald calling for action surrounding continued protests on Columbia’s campus. In the letter, Chairwoman Foxx states, “Columbia’s continued failure to restore order and safety promptly to campus constitutes a major breach of the University’s Title VI obligations, upon which federal financial assistance is contingent, and which must immediately be rectified. If you do not rectify this danger, then the Committee will not hesitate in holding you accountable.”

House Energy and Commerce Subcommittee holds hearing on various data privacy proposals: On April 17, the House Energy and Commerce Subcommittee on Innovation, Data, and Commerce held a bipartisan hearing titled, "Legislative Solutions to Protect Kids Online and Ensure Americans’ Data Privacy Rights.” In announcing the hearing, full Committee Chairwoman Cathy McMorris Rodgers (R-WA) and Ranking Member Frank Pallone (D-NJ) said jointly, “It is time for Congress to come together on comprehensive data privacy and security standards that put Americans back in control of their information online. We look forward to building on this rich history of bipartisan success as we work together to protect kids online and advance strong comprehensive data privacy protections for people of every age in every state.” The Subcommittee hearing covered, but did not markup, a range of legislative proposals, including, draft bipartisan, bicameral legislation known as the American Privacy Rights Act (APRA); H.R. 7891, the “Kids Online Safety Act (KOSA)”; H.R. 7890, the “Children and Teens' Online Privacy Protection Act (COPPA 2.0)”; H.R. 5628, the “Algorithmic Accountability Act”; H.R. 4311, the “DELETE Act”; H.R. 4568, the “TLDR Act”; H.R. 5534, the “Banning Surveillance Advertising Act”; H.R. 5778, “Sammy’s Law”; H.R. 6149, the “Protecting Kids on Social Media Act”; and H.R. 6429, the “SCREEN Act.”

In opening remarks, Subcommittee Chairman Gus Bilirakis (R-FL) noted that, “During the [current] Congress the Subcommittee held multiple hearings to examine the need for federal data privacy and security law. These hearings illustrate the need to provide certainty for Americans to know their rights online and for businesses to know their obligations on a consistent basis throughout the country.

The bipartisan work has culminated with this discussion draft of the APRA, which is a comprehensive privacy and data security standard.” Subcommittee Ranking Member Jan Schakowsky (D-IL), in her opening remarks, commented that, “Americans have been feeling the threats that they have as consumers, as business people, and certainly for our children for far too far too long…. so it is definitely time to act.”

Committee Chairwoman McMorris Rodgers remarked, “Today, we find ourselves at a crossroads. We can either continue down the dangerous path we're on, letting companies and bad actors continue to collect massive amounts of data unchecked, while they trample on core American values like free expression, free speech and identity. Or we can give people the right to control their information online. Congress has been trying to develop and pass comprehensive data privacy and security legislation for decades.” Committee Ranking Member Pallone also shared his support of APRA, as well as COPPA 2.0, and highlighted the need for stronger provisions for protecting children's privacy, saying, “This new draft recognizes that information about children is sensitive, but it does not provide many of the specific protections for children that [are needed]. To start we should explicitly prohibit targeting advertising to children who often cannot distinguish between advertising and non-advertising content. We should also require companies to incorporate privacy by design in their practices, and to adopt policies that take special care to identify acts, assess and mitigate privacy risks [for] children. And we should also consider establishing a youth privacy division at the [Federal Trade Commission (FTC)] to ensure that substantial resources are provided.”

The Subcommittee heard from a number of witnesses. Ava Smithing, Director of Advocacy for the Young People’s Alliance, argued in her remarks about the harm social media has caused young people, including herself, saying that, “We desperately need to pass legislation like KOSA to protect against downstream harms caused by specific design features, we need to pass COPPA 2.0 and to update that old, tired privacy law. And we need to pass comprehensive data privacy to protect all Americans.” David Brody, head of the Digital Justice Initiative at the Lawyers’ Committee for Civil Rights Under Law, in his testimony, highlighted concerns that, “The lack of a federal privacy law enables discrimination and other harms. Data about black communities and other historically-marginalized groups often reflect the history of inequality and segregation in this country. Tech companies that collect that data, feed it into algorithms and use it to make life altering decisions.” He also said that the civil rights provisions in the draft legislation “contain an exception which could allow advertising that segregates based on protected traits.” In her testimony, Maureen Ohlhausen, Co-chair of the 21 Century Privacy Coalition and a former Commissioner and Acting Chair at the Federal Trade Commission (FTC), also provided a number of recommendations to improve the draft APRA.

Kara Frederick, Director of the Tech Policy Center at the Heritage Foundation, spoke about the national security threats and implications from a lack of a “national data protection framework.” In her testimony, Katherine Kuehn from the National Technology Security Coalition, said “ Today, American consumers and corporations navigate a complex landscape of state specific privacy laws. These state laws, while pioneering, create a patchwork of disparate regulations that can be confusing for consumers and burdensome for businesses. 17 States have enacted privacy laws and regulations with another 18 States actively pursuing various pieces of legislation. And finally, Samir Jain, Vice President of Policy at the Center for Democracy & Technology, raised concerns about provisions that, “while well intentioned and pursuing an important goal…raise some concerns, and present significant constitutional issues.”

House Education and the Workforce Committee Chairwoman Foxx requests information on student loan fraud:On April 24, House Education and the Workforce Committee Chairwoman Virginia Foxx (R-NC) and Representative Michelle Steel (R-CA) sent a letter to USED Office of Inspector General Sandra Bruce expressing concern over student aid fraud. Specifically, the letter raises concerns with, “[l]oosely affiliated groups of criminals [who] have been exploiting low cost or free programs by using the identities of others (with or without their consent) to obtain federal student aid fraudulently.” As an example, the letter cites that, “From the fall of 2021 through the present, more than $5 million in federal student aid has been fraudulently paid to individuals who enrolled at California community colleges, received financial aid, and did not attend college.” The letter goes on to note, “When financial aid requirements were reinstated after having been earlier relaxed to make it easier for students to qualify for financial aid during the COVID-19 pandemic, ‘college officials said they expected fraud to subside.’

Unfortunately, the fraud has continued to increase.” Chairwoman Foxx and Representative Steel conclude the letter by emphasizing the importance of the Department taking “all necessary steps to increase fraud detection and preventative measures,” and requesting a briefing from the Inspector General “to understand better what [the Inspector General’s] work has revealed and the steps the Department is doing to prevent, manage, and reduce fraud in the federal student financial aid system.”

House Education and the Workforce Committee Chairwoman Foxx leads letter requesting information on Biden Administration’s implementation of federal student loan consolidation: On April 19, House Education and the Workforce Committee Chairwoman Virginia Foxx (R-NC) led 12 Republican colleagues in a letter to USED Secretary Cardona seeking “clarity… about the Department of Education’s implementation of several student loan consolidation provisions of law.” Specifically, the letter requests information on the consolidation of Federal Family Education Loan (FFEL) Consolidation Loans into the Direct Loan program and “the processes and safeguards the Department has in place to ensure it is upholding the statutory and regulatory requirements regarding this consolidation.” Information requested includes communications between the USED and federal student loan servicers regarding the consolidation of loans, USED’s protocols and directives for consolidating for a legally permitted purpose, and information on how many FFEL Consolidation Loan borrowers consolidated into the Direct Loan Program between January 20, 2021, and the date of the Department’s response to the Committee’s letter.

House Education and the Workforce Committee Ranking Member Scott requests hearing on the state of school segregation: On April 22, House Education and the Workforce Committee Ranking Member Bobby Scott (D-VA) requested that Chairwoman Virginia Foxx (R-NC) hold a committee hearing on the state of school segregation. Ranking Member Scott’s letter to Chairwoman Foxx references a 2022 Government Accountability Office (GAO) report which found that high poverty schools where more than 75% of students were from low-income and from Black or Latino families increased from 9% in 2000-2001 to 16% in 2013-2014. Ranking Member Scott emphasized, “The benefits of attending diverse schools extend to all students beyond school-age, continuing into adulthood, resulting in societal benefits such as more integrated communities, higher levels of social cohesion and reduced racial prejudice…It is imperative that this Committee examine whether our nation’s schools are meeting the charge given by the Supreme Court and evidence-based policies to eradicate the vestiges of school segregation.”

U.S. Senate:

Senate Appropriations Subcommittee holds hearing on President Biden’s FY2025 Budget Request for the U.S. Department of Health and Human Services (HHS): On April 16, the Senate Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Agencies (Labor/HHS) held a hearing, at which HHS Secretary Xavier Becerra testified. During the session, both Senate Appropriations Chairwoman Senator Patty Murray (D-WA) and Labor/HHS Subcommittee Chairwoman Tammy Baldwin (D-WI) called attention to the child care investments and early learning priorities outlined in the budget.

Subcommittee Chairwoman Baldwin emphasized in her opening statement the importance of continued investments in child care and early learning programs, highlighting the proposed $1 billion increase for child care and Head Start in the President’s FY2025 budget request. She noted the financial strain on families in Wisconsin, where some are spending more than 35% of their income on child care, equating to more than $25,000 annually for a family with two young children. HHS Secretary Becerra responded in his opening statement by outlining the Biden Administration's proposals to enhance affordability and accessibility of child care, including increased wages for early childhood education workers, funding for more than 750,000 slots in Head Start, and the introduction of universal preschool for four-year-old children, with plans to extend to three-year-olds.

Committee Chairwoman Murray echoed the need to build on recent progress in funding bills and strengthen investments in addressing the child care crisis, highlighting the vital role of programs like the Child Care and Development Block Grant (CCDBG) and Head Start as essential resources for working parents. Chairwoman Murray stressed the importance of protecting and enhancing these investments to ensure families can access affordable child care, including through initiatives like the “Child Care for Working Families Act.”

Responding to Chairwoman Murray's inquiry about the current state of the child care sector, HHS Secretary Becerra underscored the exorbitant costs, likening them to university tuition fees. Secretary Becerra outlined the potential impact of President Biden's mandatory child care funding proposal, which he asserted could potentially reduce child care costs to as little as ten dollars a day for some families, resulting in savings of up to $7,200 annually.

Upcoming Events (Congress & Administration):

  • On May 7 at 10:15 a.m., the House Education and the Workforce Committee will hold a hearing titled, “Examining The Education Department’s Policies, Priorities, and FY 2023 Financial Audit Failure.” USED Secretary Miguel Cardona will testify. The hearing will be held in 2175 Rayburn House Office Building and livestreamed on the Committee’s YouTube page. More information is here.
  • On May 8 at 10:15 a.m., the House Education and the Workforce Subcommittee on Early Childhood, Elementary, and Secondary Education will hold a hearing titled, “Confronting Pervasive Antisemitism in K-12 Schools.” Witnesses have not yet been announced. Announcing the hearing, Subcommittee Chairman Aaron Bean (R-FL) stated that the hearing “will allow Committee members to hold the leaders of the most embattled school districts accountable for their failure to keep Jewish students and teachers safe.” The hearing will be held in 2175 Rayburn House Office Building and livestreamed on the Committee’s YouTube page. More information is here.
  • On May 13 at 11:00 a.m., the National Board for Education Sciences will hold an open meeting. The agenda includes discussion of NBES recommendations for the criteria to select a new permanent IES Director, as well as discussion of the Board's views on Senate Health, Education, Labor, and Pensions Committee Ranking Member Bill Cassidy's Report to the Senate Health, Education, Labor, and Pensions (HELP) Committee. More information is here.
  • On May 16 and 17, the National Assessment Governing Board will hold a quarterly meeting in Washington, D.C. More information is here.
  • On May 23 at 10:15 a.m., the House Education and the Workforce Committee will hold a hearing titled, “Calling for Accountability: Stopping Antisemitic College Chaos.” The following university presidents will testify: Dr. Peter Salovey, President of Yale University; Dr. Gene Block, Chancellor of University of California, Los Angeles; and Dr. Santa Ono, President of the University of Michigan. The hearing will be held in 2175 Rayburn House Office Building and livestreamed on the Committee’s YouTube page. More information is here.

Upcoming Events (Outside Organizations):

  • On May 7 from 10:00 a.m. to 4:30 p.m., the Urban Institute will host an event titled, “Setting a Collective Vision for Youth Apprenticeship: Reflecting on Early Momentum to Plan for the Future.” The event will be co-hosted with ICF, Jobs for the Future, and net.America to celebrate the first Youth Apprenticeship Week and explore how to maintain and expand momentum for youth apprenticeships nationally. Youth apprentices and employers will share their experiences, while researchers and practitioners will elevate lessons learned from across the system. Speakers include: Kristen Rhinehart-Fernandez, Director for the Investments Division at the U.S. Department of Labor’s Office of Apprenticeship; Nicholas Wyman, Executive Director of The Institute for Workplace Skills and Innovation; and Taylor White, National Director to Advance Youth Apprenticeship at New America, among others. More information and registration are here.
  • On May 7 at 3:00 p.m., the Campaign for Grade-Level Reading will host a webinar titled, “Back to School: Reducing Barriers to a Successful Start in Kindergarten.” The session will delve into strategies to boost kindergarten enrollment, prioritize health screenings and vaccinations, stress the significance of daily school attendance, and cultivate trusting relationships that lay the groundwork for early academic success. Panelists include: Swati Adarkar, Deputy Assistant Secretary at the USED; Kathleen J. Holmes, Let’s RISE; and Jill Marie Sells, Learn the Signs Act Early, among others. More information and registration are here.
  • On May 8 at 9:30 a.m., the Lumina Foundation and Gallup will co-host an event to highlight the release of the 2024 State of Higher Education Findings, which explore the state of higher education and enablers and barriers to enrollment. Additionally, the event will feature leaders to discuss today’s biggest challenges in higher education. Speakers include: James Kvaal, Under Secretary of Education; John King, Jr., Ed.D., Chancellor of the State University of New York and former U.S. Secretary of Education; Courtney Brown, Ph.D., Vice President of Impact and Planning at the Lumina Foundation; and Nick Anderson, Vice President for Higher Education Partnerships and Improvement at the American Council on Education, among others. More information and registration are here.
  • On May 8 at 5:00 p.m., WestEd will host a webinar titled, “Pathways to Re-Engagement: Summer Opportunities.” The webinar will explore strategies to address rising chronic absence rates. The webinar will also consider how schools and community organizations are enhancing family engagement and student connectedness to foster re-engagement, especially during the crucial summer months. More information and registration are here.
  • On May 15 at 2:00 p.m., Results for America will hold a webinar titled, “How the New Uniform Grants Guidance is Simplifying the Grant Process.” This webinar will provide federal, state, and local government officials and government grantees with strategies for applying the guidance to simplify the federal grant design, application, and management process to promote equitable access to federal grant dollars. A summary of the guidance released by the Office of Management and Budget (OMB) is here. Registration for the webinar is here.
  • On May 16 at 6:00 p.m., AEI will hold a policy debate titled, “$190 Billion Was Not Enough. The Feds Should Spend Billions More on Learning Loss.” In this installment of AEI’s Education Policy Debate Series, education policy experts will debate the motion: “$190 billion was not enough: The federal government should spend billions more on pandemic learning loss.” The discussion will be moderated by Nat Malkus, Senior Fellow, AEI. Participants will include: Eric Hanushek, Paul and Jean Hanna Senior Fellow, Hoover Institution; Jens Ludwig, Edwin A. and Betty L. Bergman Distinguished Service Professor, University of Chicago; Christopher Ruszkowski, Former Secretary of Education, State of New Mexico; and Nakia Towns, Chief Operating Officer, Accelerate—The National Collaborative for Accelerated Learning. More information and registration are here.

Publications (Congress & Administration):

  • On April 18, the National Institute for Early Education Research (NIEER) released a new report titled, “2023 State of Preschool Yearbook.” The annual report tracks state-funded preschool enrollment, funding, and quality across states. This year’s report focusing on findings for the 2022-2023 school year shows that states enrolled more than1.63 million children in preschool, marking a 7% surge compared to the preceding year. Additionally, preschool enrollment reached 35% of four-year-olds and 7% of three-year-olds, with state expenditures reaching $11.73 billion, which is an 11% increase from 2021-2022 when adjusted for inflation.

Publications (Outside Organizations):

  • On April 17, Gallup and the Lumina Foundation published a new report titled, “Most Student Loan Borrowers Have Delayed Major Life Events.” Gallup and Lumina issued a web survey in October and November 2023 to 14,032 current and prospective college students and found that 71% of all currently enrolled college students or previously enrolled students who stopped out of their program before completing it say they have delayed at least one major life event because of their student loans. Among the various life events, 29% indicated student loans delayed purchasing a home, 28% indicated delay in purchasing a car, and 22% from moving out of their parents’ home. Additionally, 15% reported delaying having children and 13% delayed marriage.
  • On April 11, the Penn Wharton Budget Model published a new report titled, “Analysis Of President Biden’s New Plans For Student Loan Debt Relief – April 2024.” The study analyzed five provisions that the Biden Administration has issued to provide student loan debt relief. The analysis estimated that the new provisions will cost $84 billion in addition to the $475 billion that Penn Wharton estimated for the SAVE plan, for a total cost of about $559 billion across both plans. Additionally, the study found that because some of the provisions expand eligibility to higher-income households, student loan forgiveness will apply to some longer-term student debt for about 750,000 households making more than $312,000 in average household income.

Legislation:

Introduced in the House of Representatives:

H.R. 7978
A bill to amend the Family and Medical Leave Act of 1993 and title 5, United States Code, to allow employees to take, as additional leave, parental involvement leave to participate in or attend their children’s and grandchildren’s educational and extracurricular activities, and for other purposes.
Sponsor: Rep. Frederica Wilson (D-FL)

H.R. 7998
A bill to amend the Higher Education Act of 1965 to require institutions of higher education to track and record additional information on hate crimes, and for other purposes.
Sponsor: Rep. Adriano Espaillat (D-NY)

H.R. 8005
A bill to establish the Commission of Experts on Child Exploitation and Artificial Intelligence.
Sponsor: Rep. Nicholas Langworthy (R-NY)

H.R. 8017
A bill to provide for the long-term improvement of minority-serving institutions, and for other purposes.
Sponsor: Rep. Alma Adams (D-NC)

H.R. 8039
A bill to amend the Higher Education Act of 1965 to establish immigration and residency requirements for individuals served by Federal TRIO programs, and for other purposes.
Sponsor: Rep. Jim Banks (R-IN)

H.R. 8050
A bill to amend the Higher Education Act of 1965 to support and strengthen outcomes for student parents through the provision of child care services, and for other purposes.
Sponsor: Rep. Nathaniel Moran (R-TX)

H.R. 8056
A bill to amend the Workforce Innovation and Opportunity Act to establish a digital skills work grant program.
Sponsor: Rep. Abigail Spanberger (D-VA)

H.R. 8126
A bill to amend the Financial Literacy and Education Improvement Act to include secondary schools in best practices for teaching financial literacy, and for other purposes.
Sponsor: Rep. David Valadao (R-CA)

H.Res. 1145
A resolution recognizing the significance of "Community College Month" in April as a celebration of more than 1,000 institutions throughout the United States supporting access to higher education, workforce training, and more broadly sustaining and advancing the Nation's economic prosperity.
Sponsor: Rep. Joe Courtney (D-CT)

Introduced in the Senate:

S. 4127
A bill to provide for the consideration of a definition of antisemitism set forth by the International Holocaust Remembrance Alliance for the enforcement of Federal antidiscrimination laws concerning education programs or activities, and for other purposes.
Sponsor: Sen. Tim Scott (R-SC)

S. 4130
A bill to require the establishment of a pilot program to expand early child care options for members of the Armed Forces and their families.
Sponsor: Sen. Jeanne Shaheen (D-NH)

S. 4138
A bill to establish an alternative, outcomes-based process for authorizing innovative, high-quality higher education providers to participate in programs under Title IV of the Higher Education Act of 1965.
Sponsor: Sen. Michael Bennet (D-CO)

S. 4139
A bill to amend the Workforce Innovation and Opportunity Act to establish a digital skills work grant program.
Sponsor: Sen. Tim Kaine (D-VA)

S.Res. 644
A resolution expressing support for the designation of April 1, 2024, through April 30, 2024, as "Fair Chance Jobs Month."
Sponsor: Sen. Ed Markey (D-MA)

EducationCounsel - E-Update for May 3, 2024 (2024)
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