EducationCounsel - E-Update for May 14, 2024 (2024)

The information covered below is from April 26, 2024, through May 9, 2024.

Highlights:

  • On May 3, U.S. Department of Education (USED) Secretary Miguel Cardona issued a Dear Colleague letter to all college and university presidents offering resources and guidance in the midst of increased antisemitism and widespread protests on campuses.
  • Following the release of the USED’s final Title IX rule, more than 20 states have filed lawsuits challenging the rule.
  • On April 30, the Senate Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Agencies held a hearing to examine the President’s Fiscal Year 2025 Budget Request for the USED, at which USED Secretary Cardona testified.

Nominations and Personnel:

Richard Cordray to step down as Chief Operating Officer of the Office of Federal Student Aid (FSA): On April 26, the USED announced that Richard Cordray will step down as Chief Operating Officer of FSA at the end of June 2024. The statement from the USED expressed appreciation for Cordray’s three years of service at FSA, noting that during his tenure, “he accomplished more transformational changes to the student aid system than any of his predecessors.” Specifically, the Department noted that Cordray undertook changes to the federal student loan program, development and implementation of the Biden Administration’s Saving on a Valuable Education (SAVE) Plan, and work to revitalize the FSA Enforcement Unit to hold institutions of higher education accountable. The announcement comes as the Department has faced bipartisan criticism of the challenges with the rollout of the new FAFSA form.

Administration:

President Biden addresses campus protests as the Biden Administration announces new actions to counter antisemitism: On May 2, President Biden addressed campus protests across the country, affirming the right to peaceful protest, while disapproving of the outbreak in violence and destruction of property. President Biden expressed support for the rights to free speech and assembly and added that “dissent is essential to democracy.” The remarks condemned antisemitism and the threats that have been reported against Jewish students, stating, “There is no place for hate speech or violence of any kind, whether it’s antisemitism, Islamophobia, or discrimination against Arab Americans or Palestinian Americans.” Additionally, on May 7, President Biden expressed, “On college campuses, Jewish students blocked, harassed, attacked while walking to class…Too many people denying, downplaying, rationalizing, ignoring the horrors of the Holocaust and October 7th, including Hamas’s appalling use of sexual violence to torture and terrorize Jews. It’s absolutely despicable, and it must stop.” The latest remarks came from President Biden during an annual commemoration of Holocaust Remembrance Day.

On May 7, the Biden Administration also announced several new actions that are being taken by federal agencies to counter antisemitism on college campuses and protect Jewish Americans. In addition to the guidance issued by the USED’s OCR (see above), the U.S. Department of Homeland Security (DHS) will work with interagency partners to build an online campus safety resources guide and website, as well as develop and share best practices for community-based targeted violence and terrorism prevention to reduce assaults and attacks. The Office of the Special Envoy to Monitor and Combat Antisemitism at the U.S. Department of State will also convene technology firms to identify best practices to address Antisemitic content online.

Biden Administration highlights key Artificial Intelligence (AI) actions across the federal government: On April 29, the White House announced that federal agencies had completed all the actions required by President Biden’s October 2023 Executive Order (EO) on ensuring that the U.S. “leads the way in seizing the promise and managing the risks of AI (Artificial Intelligence).” The EO was followed on November 1, 2023 by a memorandum from the Office of Management and Budget to establish a timeline of new agency requirements and guidance for AI governance, innovation, and risk management. Last week’s announcement noted that all agencies had met all “180-day actions” - specific goals required of federal agencies 180 days from the release of the EO and OMB memorandum.

The White House listed all actions under the categories of “Managing Risks to Safety and Security,” “Standing up for Workers, Consumers, and Civil Rights,” and “Harnessing AI for Good.” These include: developing the first AI safety and security guidelines for critical infrastructure owners and operators; piloting new AI tools for identifying vulnerabilities in vital government software systems; guidance to assist federal contractors and employers comply with worker protection laws as they deploy AI in the workplace; guidance on AI’s nondiscriminatory use in the housing sector; guidance and principles for the responsible and equitable use of AI in administering public benefits programs; developing a strategy for ensuring the safety and effectiveness of AI deployed in the health care sector; and guidance on skills-based hiring to increase access to federal AI roles for individuals with non-traditional academic backgrounds.” The announcement includes a table summarizing all 180-day actions.

White House convenes Department of Treasury and child care leaders to explore opportunities to expand child care access: On April 30, the White House convened leaders from the Department of Treasury, child care providers, and community development financial institutions (CDFIs) to discuss opportunities for collaboration between child care providers and CDFIs to expand access to affordable, high-quality child care. In addition to child care business leaders, the meeting included Director of the Gender Policy Council Jennifer Klein, Domestic Policy Advisor Neera Tanden, and Chief Economist of the Investing in America Cabinet Heather Boushey. Pursuant to President Biden’s Executive Order on Increasing Access to High-Quality Care and Supporting Caregivers, participants in the meeting discussed the financial challenges and barriers faced by child care businesses, and highlighted ways in which they can collaborate with CDFIs for support and forge ongoing cooperation in pursuit of supporting access to affordable, high-quality care.

White House holds a convening to discuss states’ efforts to expand investments that lead to good jobs in high-demand sectors: The White House held a convening of state leaders – along with representatives from workforce policy and advocacy organizations, unions, federal agencies, and other stakeholders – to discuss states’ efforts to expand investments in students and workers that lead to good jobs in high-demand sectors. Senior Administration officials, including Domestic Policy Advisor Neera Tanden and Mala Adiga, Deputy Assistant to the President and Director of Policy for the First Lady, heard from state leaders about model state programs to lower costs, expand quality job training for students and workers, and better connect education and workforce systems. Discussion also included how state leaders are braiding together federal and state investments and how the Administration can continue to support states’ efforts.

Biden Administration announces new actions to strengthen the teaching profession: On May 2, the Biden Administration announced new efforts to strengthen the teaching profession. The Biden Administration will establish a new technical assistance center to help states and communities increase teacher recruitment and retention, which will provide universal and targeted intensive capacity-building services to support states in their efforts. The announcement also included new data, organized by Congressional district, that shows how fixes to the Public Service Loan Forgiveness (PSLF) program have allowed for $62.8 billion in loan forgiveness to be issued to borrowers who have worked for at least 10 years while repaying their loans.

Biden Administration hosts summit for sustainable and healthy schools: On April 26, the White House convened nearly 100 education, facilities, and labor experts to discuss the use of federal funding for school infrastructure, clean energy, and healthy schools. As part of the first-ever White House Summit for Sustainable and Healthy Schools, the Biden Administration released the 2024 White House Toolkit for Sustainable and Healthy K-12 Schools, which was created to support schools in achieving energy efficiency, resilience to extreme weather, and cleaner air, water, and transportation. The summit also highlighted communities that are taking action to create more sustainable buildings that tackle the climate crisis and improve learning conditions, as well as aligned opportunities for good-paying, union jobs in the clean energy industry.

U.S. Department of Labor (DOL) celebrates first annual Youth Apprenticeship Week: During the week of May 5, the DOL marked the first Youth Apprenticeship Week (YAW) to highlight the benefits and value of Registered Apprenticeship program opportunities for youth, ages 16–24. Throughout the week, Acting DOL Secretary Julie Su and DOL Assistant Secretary for Employment and Training José Javier Rodríguez discussed the importance of various youth apprenticeship models across the country. DOL Acting Secretary Julie Su noted, “Youth Apprenticeship Week recognizes the Biden-Harris administration’s commitment to create employment opportunities for young adults and the critical role they play in our nation’s workforce infrastructure.” She also said, “Youth apprenticeships are not just pathways to careers, they are bridges to futures filled with promise, opportunity and endless potential.”

U.S. Department of Education (USED):

USED Secretary Miguel Cardona and the Department’s Office for Civil Rights (OCR) provide guidance and resources to schools and institutions of higher education (IHEs) in the midst of increased antisemitism: On May 3, USED Secretary Cardona issued a Dear Colleague letter to all college and university presidents offering resources and guidance in the midst of increased antisemitism and widespread college protests on campuses. In the letter, Secretary Cardona noted that OCR has opened more than 100 investigations into complaints about antisemitism and other forms of discrimination under Title VI since October 7, 2023. The letter also calls attention to a number of resources to support schools in meeting their obligations to provide school environments free from discrimination, including a fact sheet on Protecting Students from Discrimination Based on Shared Ancestry or Ethnic Characteristics and Dear Colleague Letters that were sent to schools and colleges across the country.

Additionally, on May 7, the USED’s OCR issued a Dear Colleague Letter to schools with concrete examples specifying the application of Title VI of the Civil Rights Act of 1964 to allegations of discrimination in schools based on shared ancestry or ethnic characteristics, including discrimination against students and school community members who are or are perceived to be Jewish, Israeli, Muslim, Arab, Sikh, South Asian, Hindu, or Palestinian. The letter provides information on the legal analyses that the OCR uses to determine whether discrimination exists, and it provides examples of conduct that, depending on facts and circ*mstances, could raise concerns under Title VI and its implementing regulations.

USED issues update on the processing of Free Application for Federal Student Aid (FAFSA) forms and launches program aimed at increasing FAFSA completion: On April 30, the USED announced updates to its FAFSA processing, noting that it has completed reprocessing of forms that were impacted by data issues and transmitted the Institutional Student Information Records (ISIRs) to institutions. This update follows announcement on April 9, which stated that “approximately 30% of FAFSA forms [were] potentially affected by known processing or data errors.” The USED noted efforts to expand national outreach to increase form submission, and Under Secretary of Education James Kvaal added that institutions are now sending financial aid offers to students.

Additionally, on May 6, the USED launched its previously announced $50 million program to help school districts, state, nonprofits and other public and private organizations with efforts to boost FAFSA completion. The program will provide up to $50 million to grantees and will be implemented by Educational Credit Management Corporation (ECMC) – a nonprofit student loan guaranty agency – to support organizations with demonstrated experience expanding college access and enrollment. The funding will be prioritized for organizations currently working with schools and districts, and those that have deep ties with students and families which have the reach and capacity to help decrease barriers and increase FAFSA submissions.

Attorneys General in more than 20 states sue the USED over final Title IX regulation: Following the release of the USED’s final Title IX rule, over 20 states have filed lawsuits against the USED, according to NBC News. The Title IX regulation “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.” 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.’” Additionally, Politico notes that the final regulation will, “[c]odify protections based on gender identity for the first time, safeguarding transgender and nonbinary students from discrimination.” (NOTE: A POLITICO subscription is required to view the full article.)

NBC News notes that, “Attorneys general in Alabama, Florida, Georgia, Idaho, Indiana, Kentucky, Louisiana, Mississippi, Montana, Ohio, South Carolina, Tennessee, Texas, Virginia and West Virginia who sued the administration in separate lawsuits last week argued that the Biden administration’s update to the rules is illegal. The attorneys general contended that the Education Department has exceeded its authority in changing the regulation. And this week seven other states — Arkansas, Iowa, Missouri, Nebraska, North Dakota, Oklahoma and South Dakota — agreed, joining the legal battle by filing two additional lawsuits.” As an example, the lawsuit filed by Texas Attorney General Ken Paxton asserts that the definition of “sex” under the new regulation to include one’s self-professed “gender identity…contorts protections for women by forcing schools to accommodate the wishes of men claiming to identify as women (or ‘transgender’) to enter female-only spaces and join female-only organizations.”

Institute for Education Sciences (IES) Acting Director Soldner posts blog on importance of building an inclusive R&D ecosystem: On April 17, IES Acting Director Matt Soldner published a blog on the importance of inclusive research and development (R&D) in the education research ecosystem. The blog references a model for inclusive R&D from Digital Promise and outlines several ways in which IES is making investments in diversifying and expanding the education sciences. Specifically, the blog references investments in research-practitioner partnerships (RPPs), supported through the Regional Education Labs program, as well as “outreach to communities of institutions that have not traditionally submitted applications to our main research competitions or served as peer reviewers,” including Historically Black Colleges and Universities (HBCUs) and Tribal Colleges and Universities (TCUs). The blog emphasizes that more funding is needed to create additional pathways for more inclusive R&D in the education ecosystem.

Congress:

Bipartisan, bicameral committee leaders urged the USED to prioritize the timely rollout of the 2025-26 FAFSA form: On May 7, a bipartisan, bicameral group of authorizing and appropriations committee leadership wrote a letter to USED Secretary Cardona to express concerns with the number of errors and delays in the implementation of the new FAFSA. The Members urged the Department to take steps to ensure the problems do not occur again for the 2025-26 school year. Additionally, the leaders urged the USED Secretary – given the upcoming leadership transition within the Office of Federal Student Aid (FSA) – to “demonstrate hands-on management and a thorough review of actions within FSA in order to rectify the failures of this FAFSA cycle.” The letter further requests that the Secretary provide weekly updates on the timeline, consumer testing, and bug fixes on the 2025-26 FASFA to the Member’s beginning the first week of June, as well as provide additional information.

Senate:

USED Secretary Cardona testifies before Senate Appropriations Subcommittee on President’s Fiscal Year (FY) 2025 Budget Request for the USED: On April 30, the Senate Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Agencies held a hearing to examine the President’s FY2025 Budget Request for the USED, at which USED Secretary Cardona testified. In his testimony, Secretary Cardona outlined the President’s budget in alignment with the Administration’s priorities - achieving academic excellence, creating pathways for global engagement, and expanding access to higher education, among others.

Members of the Subcommittee raised a number of issues throughout their questions, including ongoing protests and an increase in antisemitism on college campuses, to which the Secretary responded that the Department is updating its guidance and undertaking over 130 Title VI investigations. Subcommittee Ranking Member Shelley Capito (R-WV) specifically named the unrest on Columbia University’s campus, stating that Jewish students had been “told by a campus rabbi to go home because it was no longer safe for them on their campus.” Secretary Cardona stated that the increase in antisemitism is “abhorrent,” adding, “Hate has no place on our campuses.”

Committee members, including Senate Appropriations Committee Chairwoman Susan Collins (R-ME), raised the challenges and delays the USED has faced in its implementation of the new FAFSA form. Additionally, Subcommittee Ranking Member Capito noted that the delays and processing errors have happened during the same time frame that the Department has worked to forgive significant amounts of federal student loans. Secretary Cardona shared some of the steps the Department has taken to provide support to districts and schools to increase FAFSA completion, including clinics, webinars, and daily communications to institutions.

Senate Republicans request Attorney General Garland and USED Secretary Cardona take action regarding campus protests: On April 23, Senator Shelley Moore Capito (R-WV) led 26 Senate Republicans in a letter to Attorney General Merrick Garland and USED Secretary Cardona urging federal law enforcement to “restore order” in violent protests on college campuses. The letter calls attention to violent antisemitic actions and attacks on Jewish students that have been reported and requests an update on efforts to enforce federal anti-discrimination laws at institutions of higher education.

House:

House passes bipartisan legislation defining antisemitism: On May 1, the House passed H.R. 6090, the Antisemitism Awareness Act of 2023, by a vote of 320-91. The bill requires the USED to use the International Holocaust Remembrance Alliance's definition of antisemitism, and references the rise of antisemitism across the country, impacting Jewish students in K-12 schools, colleges, and universities.

House Republicans take action to combat antisemitism: On April 30, House Speaker Mike Johnson announced a House-wide effort to address antisemitism on college campuses and “hold universities accountable for failing to protect Jewish students.” Various committees, including the House Education and the Workforce Committee, will investigate federal funding and tax benefits that universities receive, as well as the foreign student visa program.

House Republicans hold hearing on antisemitism in K-12 education: On May 8, the House Education and the Workforce Subcommittee on Early Childhood, Elementary and Secondary Education held a hearing titled, “Confronting Pervasive Antisemitism in K-12 Schools.” The hearing follows several hearings in recent months held by House committees on the issue of antisemitism in higher education. This was the first hearing specifically focused on K-12 education. The subcommittee heard from four witnesses: David Banks, Chancellor of the New York City Public Schools; Karla Silvestre, President of the Montgomery County (MD) Board of Education; Emerson Sykes, Senior Staff Attorney at the American Civil Liberties Union; and Enikia Ford Morthel, Superintendent of the Berkeley (CA) Unified School District.

Republican Committee members accused the three district leaders of not acting forcefully to address antisemitism in their schools. Representative Brandon Williams (R-NY) highlighted an incident where a Jewish teacher was threatened and said, “How can Jewish students feel safe at New York City Public Schools when you can’t even manage to terminate the principal. How can Jewish students go to school knowing he’s still on your payroll?” Chancellor Banks from New York City, responded that, while this particular principal was still employed by the district, “at least 30 students…and roughly a dozen staff” have been subject to discipline this school year for issues related to antisemitism. Representative Elise Stefanik (R-NY) added, “What’s very concerning about these hearings is that we are getting lip-service but a lack of accountability and these rules and policies matter whether it is teachers, administrators, or students violating the rules.” Democratic Committee members also forcefully condemned incidents of antisemitism and offered broader solutions. Representative Kathy Manning (D-NC), along with Representative Tim Walberg (R-MI) spoke about the need to better teach “critical thinking” and to be “critical consumers” of social media.

USED Secretary Cardona testifies before the House Education and Workforce Committee on President’s Fiscal Year (FY) 2025 Budget Request for the USED and FY2023 Financial Audit Failure: On May 7, the House Education and the Workforce Committee held a hearing to examine the President’s FY2025 Budget Request for the USED and past financial audit failures. Chairwoman Foxx (R-NC) and her Republican colleagues expressed discontent with USED Secretary Cardona’s tenure.Specifically, Chairwoman Foxx (R-NC) characterized USED Secretary Cardona’s tenure as an utter failure, stating, “You have presided over the greatest decline of educational attainment and institutional legitimacy in the history of our nation.”

Republican Committee members also raised various concerns during their questioning, including ongoing protests, violence, and antisemitism on college campuses, issues with managing and disregarding Section 117 foreign gift disclosure provisions, the Department's failure to pass financial audits for the first time in two decades, and concerns regarding the final Title IX regulation.

Despite partisan differences, committee members from both sides united in critiquing the Department's implementation of the FAFSA. As an example, Delegate Gregorio Sablan (D-Northern Mariana Islands) shared that not a single student in his district has even been able to complete the FAFSA. Members repeatedly emphasized the alarming statistic that over a third of schools had yet to issue a single financial aid offer letter due to the Department's shortcomings.

Upcoming Events (Congress & Administration):

  • On May 14 at 1:00 p.m., the U.S. Department of Justice will hold an event titled, “70 Years after Brown v. Board of Education: The Legacy, the Work Done, and the Work Ahead.” The event will commemorate the 70th anniversary of the landmark Supreme Court decision, Brown v. Board of Education, and feature remarks from U.S. Attorney General Merrick Garland and USED Secretary Miguel Cardona. Panel discussions will include Kristen Clarke, Assistant Attorney General for Civil Rights; Catherine E. Lhamon, Assistant Secretary for Civil Rights at USED; Janai Nelson, President and Director-Counsel of the NAACP Legal Defense Fund, and Saba Bireda, Co-Founder and Chief Legal Counsel of Brown’s Promise. More information and registration are here.
  • On May 15 at 10:15 a.m., the House Education and the Workforce Committee will hold a hearing titled, “Examining the Policies and Priorities of the Department of Health and Human Services.” HHS Secretary Xavier Becerra 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 15 at 2:00 p.m., the House Judiciary Subcommittee on the Constitution and Limited Government will hold a hearing titled, “Antisemitism on College Campuses.” The hearing will examine antisemitic activity on college campuses throughout the country and responses by both federal and university leaders. Witnesses include: Rabbi Mark Goldfeder, CEO of National Jewish Advocacy Center; Shabbos Kestenbaum, Graduate Student at Harvard University; Eyal Yakoby, Undergraduate Student at University of Pennsylvania. The hearing will be held in 2141 Rayburn House Office Building. More information is here.
  • On May 15 at 2:45 p.m., the Senate Homeland Security Subcommittee on Emerging Threats and Spending Oversight will hold a hearing titled, “Examining the Findings and Recommendations of GAO’s 2024 Report on Opportunities to Reduce Fragmentation, Overlap, and Duplication and Achieve Financial Benefits.” Witnesses include Eugene Dodaro, Comptroller General of the U.S. Government Accountability Office (GAO). The hearing will be held in 342 Senate Dirksen Office Building. More information is here.
  • On May 16 at 10:00 a.m., the House Science, Space, and Technology Subcommittee on Research and Technology will hold a hearing titled, “Oversight and Examination of the National Science Foundation’s Priorities for 2025 and Beyond.” Witnesses include Sethuraman Panchanathan, Director of the National Science Foundation, and Dr. Dan Reed, Former Chair of the National Science Board. The hearing will take place in 2318 Rayburn House Office Building and will be livestreamed here. More information is here.
  • On May 16 at 10:00 a.m., the Senate Commerce, Science, & Transportation Committee will hold an Executive Session. The committee will consider a number of bills, including S. 4213, The Kids Off Social Media Act, and S. 275, The Rural Broadband Protection Act of 2023, among others. The hearing will be held in 253 Russell Senate Office Building and livestreamed on the Committee website. 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. 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 (R-LA) Report to the Senate Health, Education, Labor, and Pensions Committee. More information is here.
  • On May 23 and 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.
  • On May 23 at 2:00 p.m., the USED will hold a webinar titled, “Pipeline to Pell: Leveraging Environmental Apprenticeship and Pre-Apprenticeship Pathways (Green Jobs) for Incarcerated and Formerly Incarcerated Individuals.” The Pipeline to Pell webinar series focuses on advancing state and local implementation of comprehensive and high-quality correctional education programs that meet the diverse needs of students. This session will highlight the Roots of Success Environmental and Literacy and Job Training Program which is the first federally recognized Department of Labor CTE Environmental Literacy Instructor Apprenticeship Program in the nation. Speakers include: Dr. Amy Loyd, Assistant Secretary for the office of Career, Technical, and Adult Education; Sean Addie, Director of the Office of Correctional Education; and Raquel Pinderhughes, Founder and Executive Director of Roots of Success, among others. More information and registration are here.

Upcoming Events (Outside Organizations):

  • 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 OMB is here. Registration for the webinar is here.
  • On May 15 at 2:30 p.m., the American Enterprise Institute (AEI) will hold an event titled, “Countering Campus Antisemitism: A Bipartisan Conversation with Reps. Mike Lawler (R-NY) and Ritchie Torres (D-NY).” As campus protests increase across the country, Reps. Mike Lawler (R-NY) and Ritchie Torres (D-NY) will discuss countering campus antisemitism, the representatives’ recent College Oversight and Legal Updates Mandating Bias Investigations and Accountability Act to empower the Department of Education on antisemitism monitoring, and how lawmakers should address the rising tide of antisemitism in society and politics. More information and registration are here.
  • On May 16 at 6:00 p.m., the 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, Senior Fellow, Hoover Institution; Jens Ludwig, 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.
  • On May 22 at 12:00 p.m., the Aspen Institute will hold a virtual event titled, “Crossing the Partisan Divide in Education Policy.” The event will feature experts and leaders in the field who will unpack effective strategies for advancing cross-partisan education policy initiatives. Panelists include: Loren Cox, Policy Director at the Aspen Institute Education & Society Program; Karen Nussle, Former President of Conservative Leaders for Education; Shaka Mitchell, Senior Fellow at the American Federation for Children; and Andy Rotherham, Member of the Virginia Board of Education. More information and registration are here.
  • On May 22 at 5:00 p.m., the AEI will host an event titled, “What Do Biden’s Proposed Budget Cuts Mean for Charter Schools?” A panel of charter school leaders and experts will discuss the state of charter schools and the potential impact of the Biden Administration’s proposed Fiscal Year 2025 budget cuts to the charter school movement. Speakers include: Robert Pondiscio, Senior Fellow at AEI; Helen Baxendale, Vice President of Strategy and Analytics at Great Hearts Academies; Derrell Bradford, President of 50CAN; and Christy Wolfe, Senior Vice President for Policy, Research and Planning at the National Alliance for Public Charter Schools. More information and registration are here.
  • On June 6 at 10:00 a.m., New America will host a hybrid event titled, “Unpacking the Education, Labor, and Workforce Impact of NSF Engines: America’s Broadest Investment in Regional Innovation Ecosystems.” The event will consider multiple facets of the U.S. National Science Foundation (NSF)’s Regional Innovation Engines program, including how federal investments lead to technological innovation, and how community colleges and labor unions can partner with R&D organizations to strengthen job training. Speakers include: Sethuruman Panchanathan, Director of the NSF; Anne-Marie Slaughter, CEO of New America; Mary Alice McCarthy, Founder & Senior Director of the Center on Education and Labor at New America; and Shalin Jyotishi, Senior Advisor for Education, Labor, and Future of Work at New America. More information and registration are here.

Publications (Congress & Administration):

  • On April 24, the Government Accountability Office (GAO) published a report titled, “Financial Literacy: Better Outcome Reporting Could Facilitate Oversight of Programs for Older Adults and People with Disabilities.” Studying federal financial literacy programs for older adults and people with disabilities, this GAO report addresses financial decisions older adults and people with disabilities face and federal resources available to help improve their financial literacy, and how the Financial Literacy and Education Commission coordinates financial literacy efforts and reports program outcomes to Congress and the public. The GAO found 24 examples of federal financial literacy programs for these groups, but discovered that the Financial Literacy and Education Commission’s reports aren't clear about how well these programs are working. Recommendations were made for the U.S. Department of the Treasury and the Consumer Financial Protection Bureau to encourage and coordinate the collection of data to improve reporting and thus ensure that these programs are increasing financial literacy.
  • On May 9, House Education and the Workforce Committee Ranking Member Bobby Scott (D-VA) and Subcommittee on Early Childhood and Secondary Education Suzanne Bonamici (D-OR) released a new GAO report titled, “Education Should Improve Its Title IX Enforcement Efforts.” The report examined college athletic opportunities for women and the extent to which the USED oversees compliance with Title IX college athletics requirements. The analysis found that overall athletic participation rate for women was 14% lower than their enrollment rate in academic year 2021–22, and 40% of colleges had fewer varsity sports for women to participate in. The GAO made three recommendations to the USED Office for Civil Rights (OCR): Regularly analyze available Equity in Athletics Disclosure Act data and expands its use of the data for oversight activities; Establish agency timeliness goals for reviewing monitoring reports for responding to colleges during monitoring of Title IX athletics cases; and Require staff to consistently record due dates in the case management system for responding to colleges' monitoring reports in Title IX athletics cases.

Publications (Outside Organizations):

  • In April, the Afterschool Alliance published a new report titled, “Afterschool Programs Support Learning Recovery But Struggle with Staffing and Program Costs.” The report follows a survey to 1,126 afterschool programs in Fall 2023, which found that 94% of programs offer academic enrichment, 88% provide time to connect with peers, and 77% have opportunities to build life skills. The report included information on challenges for programs, noting staffing, costs, and family interest as overlapping issues.

Legislation:

Introduced in the House of Representatives:

H.R. 8129

A bill to direct the Secretary of Energy to carry out an initiative to encourage States to enhance the dissemination of nuclear information at certain schools, and for other purposes.
Sponsor: Rep. Byron Donalds (R-FL)

H.R. 8143

A bill to establish requirements relating to credit scores and educational credit scores, and for other purposes.
Sponsor: Rep. Joyce Beatty (D-OH)

H.R. 8178

A bill to amend the Workforce Innovation and Opportunity Act to remove the requirements relating to registered apprenticeships.
Sponsor: Rep. Bob Good (R-VA)

H.R. 8192

A bill to amend the National Voter Registration Act of 1993 to require States to designate public high schools as voter registration agencies, to direct such schools to conduct voter registration drives for students attending such schools, to direct the Secretary of Education to make grants to reimburse such schools for the costs of conducting such voter registration drives, and for other purposes.
Sponsor: Rep. Frederica Wilson (D-FL)

H.R. 8224

A bill to establish Federal research award reimbursem*nt limits for indirect costs for institutions of higher education, and for other purposes.
Sponsor: Rep. Ben Cline (R-VA)

H.R. 8236

A bill to direct the Secretary of Education to award grants to State educational agencies to facilitate the provision of pre-kindergarten programs that reduce the cost of education services and result in positive educational outcomes, and for other purposes.
Sponsor: Rep. Zachary Nunn (R-IA)

H.R. 8242

A bill to establish that an individual who is convicted of any offense under any Federal or State law related to the individual's conduct at and during the course of a protest that occurs at an institution of higher education shall be ineligible for forgiveness, cancellation, waiver, or modification of certain Federal student loans.
Sponsor: Rep. Brandon Williams (R-NY)

H.R. 8243

A bill to establish that a State-based education loan program is excluded from certain requirements relating to a preferred lender arrangement.
Sponsor: Rep. Pete Sessions (R-TX)

H.R. 8254

A bill to direct the Director of the United States Holocaust Memorial Museum to develop a curriculum for the study of modern-day antisemitism surrounding Hamas' October 7, 2023, terrorist attacks against Israel for use in secondary schools, and for other purposes.
Sponsor: Rep. Josh Gottheimer (D-NJ)

H.R. 8269

A bill to amend the Elementary and Secondary Education Act of 1965 to require local educational agencies to allow recruiters to access the secondary schools served by the local educational agency for recruiting activities, and for other purposes.
Sponsor: Rep. Pat Fallon (R-TX)

H.R. 8271

A bill to appropriate funds for the Office for Civil Rights of the Department of Education.
Sponsor: Rep. Daniel Goldman (D-NY)

H.R. 8273

A bill to amend the Higher Education Act of 1965 to improve the financial aid process for homeless and foster care youth.
Sponsor: Rep. Sydney Kamlager-Dove (D-CA)

H.R. 8280

A bill to direct the Secretary of Education to award grants to local educational agencies to enhance school and community safety, and for other purposes.
Sponsor: Rep. Zachary Nunn (R-IA)

H.R. 8304

A bill to provide for a limitation on liability for certain institutions regarding limitations on compensation to student athletes.
Sponsor: Rep. Russell Fry (R-SC)

H.R. 8316

A bill to establish a program of workforce development as an alternative to college for all, and for other purposes.
Sponsor: Rep. Max Miller (R-OH)

H.R. 8319

A bill to create a grant program to support the development of innovative learning models, and for other purposes.
Sponsor: Rep. Joe Morelle (D-NY)

H.R. 8321

A bill to require person convicted of unlawful activity on the campus of an institution of higher education beginning on and after October 7, 2023, to provide community service in Gaza.
Sponsor: Rep. Andrew Ogles (R-TN)

H.R. 8328

A bill to establish grants to provide education on guardianship alternatives for older adults and people with disabilities to health care workers, educators, family members, and court workers and court-related personnel.
Sponsor: Rep. Mary Gay Scanlon (D-PA)

H.R. 8332

A bill to prohibit student loan forgiveness for certain students, and for other purposes.
Sponsor: Rep. Roger Williams (R-TX)

H.Res. 1174

A resolution supporting the goals and ideals of Mathematics and Statistics Awareness Month.
Sponsor: Rep. Young Kim (R-CA)

H.Res. 1180

A resolution recognizing the importance of diversity, equity, and inclusion efforts in medical education.
Sponsor: Rep. Joyce Beatty (D-OH)

H.R. 1197

A resolution recognizing the roles and contributions of elementary and secondary school teachers in building and enhancing the civic, cultural, and economic well-being of the United States.
Sponsor: Rep. Sam Graves (R-MO)

H.Res. 1211

A resolution condemning the violent, anti-American and anti-Israel protests that are occurring on campuses of institutions of higher education nationwide.
Sponsor: Rep. Dan Bishop (R-NC)

H.Res. 1212

A resolution ending campus encampments.
Sponsor: Rep. Kevin Kiley (R-CA)

H.R. 1214

A resolution honoring the resiliency of America's teachers during Teacher Appreciation Week of May 6, 2024, through May 13, 2024.
Sponsor: Rep. David Trone (D-MD)

Introduced in the Senate:

S. 4205

A bill to require the Secretary of Labor to award grants for promoting industry or sector partnerships to encourage industry growth and competitiveness and to improve worker training, retention, and advancement as part of an infrastructure investment.
Sponsor: Sen. Tim Kaine (D-VA)

S. 4211

A bill to amend the National Voter Registration Act of 1993 to require States to designate public high schools as voter registration agencies, to direct such schools to conduct voter registration drives for students attending such schools, to direct the Secretary of Education to make grants to reimburse such schools for the costs of conducting such voter registration drives, and for other purposes.
Sponsor: Sen. Laphonza Butler (D-CA)

S. 4221

A bill to amend title 51, United States Code, to authorize the transfer to NASA of funds from other agencies for scientific or engineering research or education, and for other purposes.
Sponsor: Sen. John Cornyn (R-TX)

S. 4230

A bill to improve the tracking and processing of security and safety incidents and risks associated with artificial intelligence, and for other purposes.
Sponsor: Sen. Mark Warner (D-VA)

S. 4236

A bill to authorize the Director of the National Science Foundation to identify grand challenges and award competitive prizes for artificial intelligence research and development.
Sponsor: Sen. Cory Booker (D-NJ)

S. 4240

A bill to establish that an individual who is convicted of any offense under any Federal or State law related to the individual's conduct at and during the course of a protest that occurs at an institution of higher education shall be ineligible for forgiveness, cancellation, waiver, or modification of certain Federal student loans.
Sponsor: Sen. Tom Cotton (R-AR)

S. 4247

A bill to establish Federal research award reimbursem*nt limits for indirect costs for institutions of higher education, and for other purposes.
Sponsor: Sen. Mike Lee (R-UT)

S. 4256

A bill to amend the Higher Education Act of 1965 to direct the Secretary of Education to award institutions of higher education grants for teaching English learners.
Sponsor: Sen. Catherine Cortez Masto (D-NV)

S. 4270

A bill to amend the Higher Education Act of 1965 to improve the financial aid process for homeless and foster care youth.
Sponsor: Sen. Patty Murray (D-WA)

S. 4274

A bill to require the Federal Bureau of Investigation to place on the No Fly List individuals who have supported foreign terrorist organizations, encouraged crimes of violence against Jewish persons, or been disciplined by an institution of higher education in relation to such conduct.
Sponsor: Sen. Roger Marshall (R-KS)

S. 4281

A bill to establish a student loan forgiveness plan for certain borrowers who are employed at a qualified farm or ranch.
Sponsor: Sen. Chris Murphy (D-CT)

S. 4283

A bill to establish grants to provide education on guardianship alternatives for older adults and people with disabilities to health care workers, educators, family members, and court workers and court-related personnel.
Sponsor: Sen. Bob Casey (D-PA)

S. 4284

A bill to amend title 38, United States Code, to increase the amount of monthly housing stipend received by parents pursuing a program of education through distance learning using Post-9/11 Educational Assistance, and for other purposes.
Sponsor: Sen. Marco Rubio (R-FL)

S. 4289

A bill to cancel existing medical debt, and for other purposes.
Sponsor: Sen. Bernie Sanders (I-VT)

S. 4295

A bill to establish that institutions of higher education shall be ineligible for funds under the Higher Education Act of 1965 due to campus disorder.
Sponsor: Sen. J.D. Vance (R-OH)

S. 4302

A bill to provide that individuals convicted of certain crimes relating to institutions of higher education are ineligible for Federal student financial assistance under title IV of the Higher Education Act of 1965, and for other purposes.
Sponsor: Sen. Tom Tillis (R-NC)

S. 4312

A bill to establish a United States Senate Commission on Mental Health for the purpose of providing to Congress and the President independent, expert policy recommendations to improve access to and affordability of mental health care services.
Sponsor: Sen. John Fetterman (D-PA)

S.Res. 664

A resolution recognizing the designation of April as "Community College Month" to celebrate more than 1,000 institutions throughout the United States supporting access to higher education and workforce training, and more broadly sustaining and advancing the economic prosperity of the United States.
Sponsor: Sen. Ed Markey (D-MA)

S.Res. 670

A resolution strongly condemning the rise of antisemitism on campuses of institutions of higher education across the United States.
Sponsor: Sen. Tim Scott (R-SC)

S.Res. 680

A resolution condemning the violent, anti-American and anti-Israel protests that are occurring on campuses of institutions of higher education nationwide.
Sponsor: Sen. Ted Budd (R-NC)

EducationCounsel - E-Update for May 14, 2024 (2024)
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