EducationCounsel - E-Update for June 25, 2024 (2024)

The information covered below is from June 7, 2024, through June 20, 2024.

Highlights:

On June 13, the House Education and the Workforce Committee held a markup and advanced a series of bills focused on education issues ranging from increasing the transparency of colleges and universities in carrying out their civil rights responsibilities to eliminating recently finalized Title IX regulations, among other topics.
On June 18, the Congressional Budget Office (CBO) released an “Update to the Update to the Budget and Economic Outlook: 2024 to 2034,” including updated information regarding the costs for federal student loans and the Pell Grant program.
On June 14, the U.S. Department of Education (USED) announced that Jeremy Singer will take temporary leave from his role as the President of the College Board to serve as Free Application for Federal Student Aid (FAFSA) Executive Advisor.

Administration:

White House:

White House Office of Science and Technology Policy holds meeting with tech company leaders to explore public benefits of artificial intelligence (AI): On June 13, the White House Office of Science and Technology Policy (OSTP) Director Arati Prabhakar convened a meeting with nonprofit, government, and tech industry leaders to consider how AI can benefit Americans. Director Prabhakar was joined by U.S. Department of Education (USED) Secretary Miguel Cardona, Director of the White House Office of Management and Budget Shalanda Young, and Secretary of Commerce Gina Raimondo, among other Administration officials and government representatives. The National Center for Special Education Research Commissioner Nate Jones shared how AI can be used to individualize learning and support teachers to help advance student learning. According to Bloomberg, leaders from Microsoft Corp., Alphabet Inc.’s Google, and General Electric Co. joined government officials to discuss topics such as forecasting dangerous weather and managing demand for electricity, among other topics.

U.S. Department of Education (USED):

USED announces College Board President Jeremy Singer as FAFSA Executive Advisor in the Office of Federal Student Aid (FSA): On June 14, the USED announced that Jeremy Singer will take temporary leave from his role as the President of the College Board to serve as Free Application for Federal Student Aid (FAFSA) Executive Advisor. In this capacity, he will lead the FAFSA overall strategy and accelerate technology innovation to further enhance FSA’s technical and operational capabilities. Specifically, Singer will work closely with the Department’s leadership and the FAFSA implementation team to strengthen internal systems and processes, bolster technical capabilities, and drive innovation to help ensure optimal performance leading to the launch of the 2025-26 FAFSA form. The announcement follows a May 30 press release from the USED outlining steps that the Department is taking to modernize FSA and address ongoing management and implementation challenges.

USED hosts regional convenings in Illinois and Mississippi to support states in addressing educator shortages: Recently, USED hosted a series of regional events titled, “Regional Convenings to Support State Action to Advance the Education Professions,” which are aimed at bringing together key leaders from cross-sector state leadership teams to learn from each other about effective efforts to increase educator compensation, expand access to high-quality and affordable pathways into the education professions, and increase educator diversity. USED Assistant Secretary for the Office of Planning, Evaluation, and Policy Development Roberto J. Rodriguez and Illinois State Superintendent of Education Dr. Tony Sanders spoke at the second of three regional convenings in Chicago, Illinois, on June 13 and 14. Their remarks highlighted for Midwestern and Northeastern state leaders ways to promote educator diversity and expand high-quality and affordable pathways to the teaching profession. The third convening which was held in Jackson, Mississippi, on June 20 and 21, focused on Southern states. The first convening, which was held in Albuquerque, New Mexico on May 29 and 30, focused on Western states.

USED’s Office for Civil Rights (OCR) announces resolutions in complaints against the University of Michigan and the City University of New York (CUNY): On June 17, OCR announced the resolution of two complaints against the University of Michigan that alleged antisemitic discrimination. OCR reviewed documentation of 75 reports the university received alleging shared ancestry harassment and/or discrimination from the 2022-23 school year through February 2024 and found the university has not complied with its Title IV requirements to assess whether incidents created a hostile environment. In the resolution, the university made several commitments, including reviewing its case files for each report of discrimination during the 2023-2024 school year and reporting to OCR on its responses. OCR also announced the resolution of nine complaints against the CUNY and multiple of its colleges and schools, which also alleged discrimination based on national origin from 2020 through 2024. As OCR identified concerns regarding systemwide fulfillment of CUNY’s federal nondiscrimination obligations, CUNY committed to reopening or initiating investigations of complaints alleging discrimination and providing OCR with the results.

Congress:

Congressional Budget Office releases annual update to the budget and economic outlook, including news estimates of Pell Grant costs: On June 18, the Congressional Budget Office (CBO) released an “Update to the Update to the Budget and Economic Outlook: 2024 to 2034,” including updated information regarding the costs of the federal student loan and the Pell Grant programs. According to the report, the budget deficit for FY2024 will total $1.9 trillion, which is $408 billion (or 27%) more than the $1.5 trillion deficit CBO estimated in February 2024. About 80% of the increase in the projected deficit in 2024 is driven by four factors, including a $145 billion increase in projected outlays for student loans “stemming mostly from revisions that the Administration made to the estimated subsidy costs of previously issued loans and from the Administration’s proposed rule to reduce many borrowers’ balances on student loans.”

The CBO update also estimated that the Pell Grant surplus is $11.4 billion as of June 2024. Additionally, the CBO estimates that the Pell Grant surplus would continue through FY2026 and likely beyond – assuming that Congress provides level funding for the Pell Grant program, does not rescind funding, does not change program eligibility, and does not increase the maximum Pell Grant award, among other assumptions. In March 2024, the Office of Management and Budget (OMB) estimateda potential Pell Grant shortfall beginning in FY2025. OMB’s and CBO’s estimates of the cost of the Pell Grant program differ significantly, primarily due to divergent assumptions about the number of Pell Grant recipients in the coming years.

Senate:

Senate HELP Committee holds hearing on challenges facing public school teachers: On June 20, the Senate Health, Education, Labor and Pensions (HELP) Committee held a hearing titled, “The Immediate and Long-Term Challenges Facing Public School Teachers: Low Pay, Teacher Shortages, and Underfunded Public Schools.” The hearing featured five witnesses: John Arthur, an elementary school teacher and 2022 Utah Teacher of the Year; Gemayel Keyes, an elementary school teacher from Philadelphia, PA; Dr. William Kirwan, Vice Chair of the State of Maryland’s Accountability and Implementation Board; Robert Pondiscio, Senior Fellow at the American Enterprise Institute; and Nicole Neily, President and Founder of Parents Defending Education.

In opening remarks, Committee Chairman Bernie Sanders (I-VT) argued that, for decades, teachers have been overworked, underpaid, and underappreciated and highlighted statistics on teacher vacancies and turnover, particularly in underserved communities. Chairman Sanders spoke about his legislation, S. 766, the Pay Teachers Act, which would ensure that teachers earn a minimum salary of $60,000 a year and noted that several states - New Mexico, Maryland, Arkansas, and Mississippi - provided notable increases to teacher pay in the past year. Ranking Member Bill Cassidy (R-LA), in his opening statement, argued that, combined with Federal COVID-19 relief funding through the American Rescue Plan, the Federal government is spending more on public education than “ever before” and cited statistics about persistent low student proficiency and chronic absenteeism. As a result, Ranking Member Cassidy said that the committee has “a responsibility to examine a broken system.”

During questions with the witnesses, Arthur, the Utah teacher, spoke in support of Chairman Sanders’ Pay Teacher Act and believed salary was the primary reason teachers leave the classroom. Dr Kirwan highlighted efforts in Maryland to recruit, pay, and better support more teachers in early and K-12 education, with a goal of a starting teacher salary of $60,000. Mr. Pondiscio from AEI countered that the burdens placed on teachers, the school climate, and safety concerns were the reasons teachers left the profession, not salary. Neily, from Parents Defending Education, argued that there was a “lost generation” of students because of school closures and other decisions made during the COVID-19 pandemic and believed that the lack of funding was not an issue, rather how the funding was being used on other items instead of supporting and better compensating teachers.

Senate HELP Committee holds hearing on the Workforce Innovation and Opportunity Act: On June 12, the Senate HELP Committee held a hearing titled, “The Workforce Innovation and Opportunity Act (WIOA): Supporting Efforts to Meet the Needs of Youth, Workers, and Employers.” The Committee heard from five witnesses: Taylor White, Partnership to Advance Youth Apprenticeship; David Bradley, Ph.D., Jobs for the Future; Monty Sullivan, Ph.D., Louisiana Community and Technical College System; Lisa Bly-Jones, Ph.D., Chicago Jobs Council; and Matthew Dickerson, Mid South Extrusion.

In his opening remarks, Committee Chairman Bernie Sanders (I-VT) emphasized the importance of reauthorizing WIOA to expand career training services, and shared stories of successful programs in his home state of Vermont. Similarly, Ranking Member Bill Cassidy (R-LA) expressed concern regarding the overdue nature of WIOA reauthorization, stating hopes for improving worker training. In his remarks, Ranking Member Cassidy also shared that he hopes the Committee will markup and advance a bipartisan Senate bill “before the August recess.”

Throughout the hearing, members of both parties asked questions about how to build systems for youth apprenticeships with witness Taylor White responding that some states have been able to use community partnerships and intermediaries to support youth in applying and enrolling, but that there are still some barriers that vary state-by-state. Additionally, each of the witnesses emphasized the need to pass legislation for workforce Pell Grants, which would expand the program to include eligibility for short-term workforce development programs. Witness Monty Sullivan added that legislators should consider expanding eligibility beyond adults without prior postsecondary education, but also folks in the workforce with a college degree who may have been displaced due to implementation of Artificial Intelligence (AI).

House:

House Education and the Workforce Committee advances nine bills: On June 13, the House Education and the Workforce Committee held a markup and advanced a series of bills focused on education issues ranging from increasing the transparency of colleges and universities in carrying out their civil rights responsibilities to eliminating recently finalized Title IX regulations, among other topics. Committee Chairwoman Virginia Foxx (R-NC) remarked that “the legislation passed today will strengthen student learning, bolster academic freedom, and pave the way for a stronger, more prolific workforce.” In his opening statement, Ranking Member Bobby Scott (D-VA) expressed that while he was pleased that the Committee was taking up bipartisan bills to examine the impacts of history on Jewish and Native American communities, he was “deeply concerned” that several other partisan bills under consideration were neither “comprehensive” or “workable,” as well as in some cases would “only further the Majority’s extreme agenda and inject divisive partisan politics into our children’s classrooms and college campuses.” Among the key bills advanced are:

H.R. 8648, the Civil Rights Protection Act of 2024, which advanced by a partisan vote of 25-15, mandates public disclosure of colleges' investigative processes for Title VI civil rights complaints.
H.J.Res. 165, a Congressional Review Act (CRA) resolution to nullify the Biden Administration’s new Title IX regulations. The partisan CRA advanced by a vote of 24-16.
H.R. 8606, the bipartisan Never Again Education Reauthorization and Study Act of 2024, which advanced unanimously, extends the United States Holocaust Museum’s mandate to disseminate Holocaust education resources through fiscal year (FY) 2030 and commissions a study on Holocaust education in public schools.

Additionally, the Committee advanced three partisan bills -- H.R. 6816, the Promoting Responsible Oversight To Eliminate Communist Teachings (PROTECT) for Our Kids Act; H.R. 5567, the Combating the Lies of Authoritarians in School Systems (CLASS) Act; and H.R. 8649, the Transparency in Reporting Adversarial Contributions to Education (TRACE) Act -- which require action regarding foreign influence in public schools, as well as one bipartisan bill -- H.R. 7227, the Truth and Healing Commission on Indian Boarding School Policies Act of 2024 -- to formally investigate the impact of Indian boarding schools. The Committee also advanced, H.R. 8534, the Protecting Student Athletes’ Economic Freedom Act, by a partisan vote of 23-16, which prohibits a student athlete from being considered an employee of an institution, a conference, or an association based on participation in certain intercollegiate athletics.

House Education and the Workforce Committee continues investigation of antisemitism on college campuses: Throughout June, the House Education and the Workforce Committee continued its investigation of antisemitic events on college campuses. On June 7, Committee Chairwoman Virginia Foxx (R-NC) sent a letter to Northwestern University President Michael Schill urging the institution’s compliance in the Committee’s investigation. Specifically, Chairwoman Foxx accused University President Schill of “obstructing” the investigation by “refus[ing] to answer questions” during his May 23 testimony before the Committee. The letter adds new requests for documents about antisemitic incidents and the institution’s response, including a list of all student disciplinary/conduct cases.

On June17, Chairwoman Foxx also requested text messages that were sent among the leadership of Columbia University following a report that administrators “downplayed” antisemitism during a roundtable held on the institution’s campus.

House Education and the Workforce Committee Ranking Member Scott releases new report on summer feeding programs: On June 11, House Education and the Workforce Committee Democrats released a report titled, “Fighting Summer Hunger Pangs: New Report Highlights Critical Role of Summer Feeding Programs in Combatting Child Hunger.” The report provides information on summer feeding programs, including the new Summer Electronic Benefit Transfer (S-EBT) Program, which provides grocery benefits to low-income families, allowing them to purchase nutritious food at their convenience. The report outlines the ability of the program to bridge the gap between school years and prevent food insecurity.

U.S. Courts:

Federal judge blocks Biden Administration’s new Title IX rule: On June 17, U.S. District Judge Danny C. Reeves, from the Eastern District of Kentucky, granted a preliminary injunction to the Biden Administration’s new Title IX rule in six states, calling it “arbitrary in the truest sense of the word.” The long-anticipated regulations were released in April, which revise the definition of sexual harassment and clarify students’ protections against sexual discrimination on the basis of sexual orientation and gender identity, among other provisions. The preliminary injunction blocks the implementation of the regulations in Kentucky, Indiana, Ohio, Tennessee, Virginia and West Virginia after U.S. District Judge Terry A. Doughty, from the Western District of Louisiana, temporarily blocked the new rule from taking effect in Idaho, Louisiana, Mississippi and Montana.

Federal judge allows lawsuits from three states to proceed against Biden Administration’s income-driven repayment plan: On June 7, District Judge Daniel Crabtree, from the District of Kansas, ruled that three states – Alaska, South Carolina, and Texas – can continue their case against the Biden Administration’s Saving on a Valuable Education (SAVE) income-driven repayment (IDR) plan. Judge Crabtree dismissed cases from eight other states. 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. The states argue 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.” Judge Crabtree wrote that the three states “barely” showed the harm the SAVE Plan would cause, while the other eight states did not.

Upcoming Events (Congress & Administration):

On June 26, at 10:15 a.m., the House Education and the Workforce Subcommittee on Workforce Protections will hold a hearing titled, “Combating Workplace Antisemitism in Postsecondary Education: Protecting Employees from Discrimination.” Witnesses have not yet been announced. The hearing will be held in 2175 Rayburn House Office Building and livestreamed here.
On June 26 at 3:00 p.m., the House Education and the Workforce Committee will hold a showcase titled, “A.I. in Education.” The event will feature businesses that have designed artificial intelligence (A.I.) to support education for all students. Businesses at the event include: Microsoft, OpenAI, Google, and Khan Academy, among others. The event will be held in 390 Cannon House Office Building. More information is here.
On June 27, the U.S. Chamber of Commerce, U.S. Chamber of Commerce Foundation, and U.S. Department of Commerce will host the National Child Care Innovation Summit. The inaugural event aims to inspire tangible actions, policy initiatives, and position child care as a catalyst for economic growth through emerging models, employer approaches, and public-private partnerships. The event was first announced in April 2024 by U.S. Secretary of Commerce Gina Raimondo, and hopes to encourage action by the private sector as a partner and force multiplier to the public sector in establishing child care as critical infrastructure. More information is here.
On June 27 at 8:00 a.m., the House Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Agencies will hold a markup of Fiscal Year 2025 Appropriations. The markup will be held in 2358-C Rayburn House Office building and livestreamed here.

Upcoming Events (Outside Organizations):

On June 25 at 1:00 p.m., AdvocacyLabs, an initiative of FutureEd and 50CAN, will host a webinar titled, “Applying Lessons from Advocacy Research to Expand Tutoring in Public Education.” Marc Porter Magee, CEO & Founder of 50CAN, will share lessons learned from his years of advocacy research, and discuss how to apply these lessons to expand tutoring in public education with field leaders. Registration is here.
On June 25 at 3:00 p.m., the Campaign for Grade-Level Reading will host a webinar titled, “Early Childhood Workforce: Where and How Can AI Support?” The webinar will explore how AI technology can meaningfully and safely empower and aid the early childhood workforce, and speakers will discuss the potential and challenges of using artificial intelligence in early childhood education. Presenters include: Isabelle Hau, Stanford Accelerator for Learning; Michelle Kang, National Association for the Education of Young Children (NAEYC); and Celia Stokes, Teaching Strategies. Registration is here.
On June 26 at 1:00 p.m., the Center for Analysis of Longitudinal Data in Education Research (CALDER) at the American Institutes for Research (AIR) will host a webinar titled, “The ESSER Funding Cliff: Navigating the Teacher Workforce After COVID Relief.” CALDER Director Dan Goldhaber will present new data on how ESSER funding affected school district staffing and what it means going forward for teachers, students, and equity. Registration is here.

Publications (Congress & Administration):

On June 17, the Government Accountability Office (GAO) released a report titled,“K-12 Education: How States Identify English Learners, Including Those with Disabilities.” The GAO surveyed every state and the District of Columbia on how they ensure the effectiveness of their home language surveys which help districts identify English learners with disabilities. The report found that English learners made up about 10% of K-12 public school students, 48 state used the Department of Education’s suggested questions in their home surveys, 32 states are taking steps to assess their English learner identification process, and 41 states are providing assistance to help distinguish between language acquisition issues, specific learning disabilities, or speech-language impairment.
On June 17, the Institute for Education Sciences (IES) released a new report titled, “Families’ Participation in School Choice and Importance of Factors in School Choice Decisions in 2019.” The report uses data from the Parent and Family Involvement in Education (PFI) questionnaire to analyze the types of schools students attend, which schools parents consider sending their child to, and their reasoning for this consideration. The results found that in 2019, around 79% of all students enrolled in grades K–12 attended public assigned schools, 12% attended public chosen schools, 7% attended private religious schools, and 2% attended private nonreligious schools. The study analyzed the percentages of parents who considered enrolling their child in schools other than the one they attend, finding that the rate was highest for parents whose child attended a private, nonreligious school (72%) and lowest for parents whose child attends a public assigned school (30%). Seventy-nine percent of the parents who considered schools other than the one their child attends rated the quality of teachers, principal, or other school staff as “very important,” to their consideration of school.
On June 20, the GAO published a new report titled, “Sexual Harassment and Violence: Efforts to Help College Athletes.” The report examined campus sexual harassment and violence and its effects on college athletes, including why it can be hard for some athletes to report it and how some colleges address it. In interviews with college officials and athletes, the study found that the culture around college sports may make it difficult for them to report sexual harassment and violence, as some athletes were reluctant to report due to a fear of being ostracized or jeopardizing a scholarship. To address sexual harassment and violence, some focused on training athletes and others on how to recognize and report it, while offering counseling and arranging for students to re-do or make up coursework for those impacted. Colleges also reported implementing procedures required under Title IX regulations to investigate and resolve allegations of sexual harassment.

Publications (Outside Organizations):

On June 18, the RAND Corporation published a new study titled, “Teacher Well-Being and Intentions to Leave in 2024: Findings from the 2024 State of the American Teacher Survey.” The State of the American Teacher survey is an annual survey of kindergarten through grade 12 public school teachers across the United States that focuses on teacher well-being and high-interest factors related to teacher retention, including sources of job-related stress, pay, hours worked, and teachers’ intentions to leave their current jobs. Results from the 2024 survey indicated that, compared to results in 2023, teachers felt similar levels of well-being and reported similar levels of likelihood that they intend to leave their jobs. However, in comparison with similar working adults, about twice as many teachers reported experiencing frequent job-related stress or burnout and worked nine hours per week more than comparable working adults.
On June 20, theNational College Attainment Network (NCAN)published aposttitled, “Four FAFSA Fixes ED Must Make by October 1.” The post outlines four steps the USED can take to improve the Free Application for Federal Student Aid (FAFSA) following challenges in implementing the new 2024-2025 FAFSA form. These steps include: 1) Confirming October 1 as the FAFSA release date, to ease concerns and ensure the Office of Federal Student Aid (FSA) is prepared; 2) Streamline the FSA ID process which has been a big obstacle for students, especially those from mixed status immigration families, this last year; 3) Fix the call center to address wait-times and improve the support offered; and 4) Modify the language for the “unsubsidized loan only” which may have been largely interpreted in the 2024-25 FAFSA.

Legislation:

EducationCounsel - E-Update for June 25, 2024 (2024)

References