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August 3, 2021 — Lewis-Burke Associates LLC
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While summer is typically a quieter time in Washington D.C. policy circles, this summer is looking to be the exception. Congress and the Administration are not only considering historic investments in education via the Fiscal Year (FY) 2022 appropriations process but are also crafting two different legislative packages that would support trillions of dollars in spending on infrastructure, education, workforce, and other areas. After weeks of negotiations, a bipartisan infrastructure bill focused primarily on physical infrastructure and transportation has begun to coalescence. Another bill, led by Democrats, proposes spending $3.5 trillion on child care, education, workforce development, and climate change, among other areas. Policymakers are leading advocacy efforts for provisions they want included in the final bill including an effort to spend $9 billion on teacher development led by Senator Tim Kaine (D-VA) as well as an effort led by Rep. Raja Krishnamoorthi (D-IL) to spend $100 billion on workforce development.
Early conversations are beginning around an Education Sciences Reform Act (ESRA) reauthorization. ESRA established the Institute of Education Sciences (IES) and outlines the roles of entities like the National Center for Education Evaluation and the Regional Educational Laboratories (REL) program, among other responsibilities. It is not clear if an ESRA reauthorization is a priority for this Congress.
The U.S. Department of Education (ED) has announced that it will accept letters of interest from institutions interested in participating in the Second Chance Pell experiment under the Experimental Sites Initiative (ESI). This effort is related to the decision by Congress to reinstate Pell Grant eligibility for eligible students enrolled in certain prison education programs beginning July 1, 2023. Finally, ED recently released updated Title IX guidance, more information on that development is below.
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CONGRESSIONAL UPDATES AND NEWS
House Appropriations Committee Approves FY 2022 Labor, Health and Human Services, and Education Funding Bill
On July 15, the House Appropriations Committee amended and approved the fiscal year (FY) 2022 Labor, Health and Human Services, and Education (Labor-HHS-ED) spending bill by a vote of 33-25. The bill was later passed by the House in a mini-bus with six other appropriations bills on July 29 with a vote of 219-208. The bill would provide a total of $237 billion in discretionary funding for the Departments of Labor, Health and Human Services, Education, and related agencies. The Department of Education (ED) would receive more than $102 billion in appropriations, which matches what is proposed in the President’s budget request and is $29.2 billion more than in FY 2021. Programs receiving significant increases include Title I for K-12, the Pell Grant program, the Federal Work-Study program, and programs for Minority-Serving Institutions (MSIs), among others. Additionally, the Department of Labor (DOL) would receive $14.7 billion in funding, which is $2.1 billion more than in FY 2021. The bill would support increased investments in several programs that support workforce development efforts of interest to education entities. Included below are highlights in the FY 2022 spending bill:
Department of Education
- The bill would provide $6,895 for the maximum Pell Grant award, an increase of $400 above the FY 2021 enacted level and the same as the President’s discretionary budget request.
- The bill includes new language allowing DREAMERs and students with temporary protected status to be eligible for Pell Grants, as well as other categories of student financial assistance, including federal student loans.
- The bill would provide $36 billion for Title I Grants to Local Educational Agencies, an increase of $19.5 billion above the FY 2021 enacted level.
Department of Labor
- The bill would provide $285 million for Registered Apprenticeships, an increase of $100 million above the FY 2021 enacted level and the same as the President’s budget request.
- Other programs seeing significant increases include YouthBuild, Strengthening Community College Training Grants, and other Employment and Training Administration programs.
A complete analysis with further details on relevant agencies and programs in the FY 2022 funding bill can be found here.
Education and Labor Departments Continue to Gain New Personnel
President Biden’s nominees for the U.S. Department of Education (ED) continue to be considered by the Senate. The Senate Health, Education, Labor, and Pensions (HELP) Committee recently held a nomination hearing for Catherine Lhamon to be Assistant Secretary for Civil Rights, Elizabeth Brown to be General Counsel, and Roberto Rodriguez to be Assistant Secretary for Planning, Evaluation, and Policy Development. Ms. Brown and Mr. Rodriguez were advanced by the Senate HELP committee to be considered by the full Senate, but have yet to be scheduled for a confirmation vote. James Kvaal, the nominee for Under Secretary of ED, is also continuing to wait for his confirmation vote to be scheduled. Reports are that his nomination is being held by Senator Elizabeth Warren (D-MA) due to her push for President Biden to cancel $50,000 in student loan debt for Federal student loan borrowers. A key nomination for the U.S. Department of Labor (DOL) also recently moved forward, as the Senate voted to confirm Julia Su as Deputy Secretary of Labor. Ms. Su, most recently the Secretary of the California Labor and Workforce Development Agency, will work alongside Secretary of Labor Marty Walsh to lead DOL efforts to help the American workforce recover from the COVID-19 pandemic.
Catherine Lhamon is still waiting on the Senate HELP Committee to vote on whether or not to advance her nomination to the full Senate for consideration. Part of the reason for the delay is due to Republicans on the committee’s concern about Ms. Lhamon’s time as Assistant Secretary for Civil Rights under the Obama administration, as well as her opinions regarding Title IX regulations during the Trump Administration. It is unsure when next steps for her confirmation will occur, but she is expected to eventually advance out of the committee on a party line vote.
House Science Advances Bill Supporting Regional Workforce and Innovation
The House Committee on Science, Space, and Technology continued this past month to advance U.S. competitiveness bills that could lay the foundation for greater investments in STEM education and regional workforce development activities. The Committee marked up and approved H.R. 4588, the Regional Innovation Act Of 2021, which would establish a Regional Technology and Innovation Hub Program at the U.S. Department of Commerce. The Innovation Hub program would support up to 20 regional innovation strategy development grants and at least 10 geographically dispersed hubs, consisting of consortia of higher education institutions, state or local governments, industry, and workforce training organizations, among others, to implement regional innovation plans and strategies. Supported efforts would include workforce development activities including partnerships between industry and educational institutions, curriculum design, facilities and equipment, the rapid awarding of certificates, the expansion of training programs, and increasing participation of underrepresented population in STEM.
Ultimately, a mix of House bills, including the Regional Innovation Act and the House-passed NSF for the Future Act, will be the House markers for a conference negotiation with the massive Senate package containing innovation, trade, STEM education, and research security legislation called the U.S. Innovation and Competition Act of 2021 (USICA).
Senate Banking Committee Examines Loan Repayment, PSLF, Loan Servicers in Hearing
The Senate Banking, Housing, and Urban Affairs Subcommittee on Economic Policy held a hearing on “ Protecting Student Loan Borrowers and the Economy in Upcoming Transitions.” The hearing focused largely on the impending expiration of the pause on federal student loan payments, ongoing shortcomings of the Public Service Loan Forgiveness (PSLF) program, and challenges arising from the announced departure of the loan servicer Pennsylvania Higher Education Assistance Agency (PHEAA) from the Department of Education’s (ED) federal loan program. The hearing, which was only attended by Democratic Senators, featured testimony from Randi Weingarten, President of the American Federation of Teachers (AFT); New York Attorney General Letitia James; and Persis Yu, Director of the Student Loan Borrower Assistance Project at the National Consumer Law Center.
During the hearing, committee members questioned witnesses on the impact to borrowers of allowing student loan payments to resume as scheduled in approximately two months. Ms. Yu warned that many borrowers have not been contacted by their loan servicers about restarting payments, which could result in missed payments and loan defaults, and urged Congress to extend the pause and conduct oversight of servicers to ensure a smoother transition. The PSLF program’s high rejection rate was also a focus for multiple Senators, with all three witnesses advocating for a mix of stricter regulations on program administration, increased oversight of loan servicers, expansion of the program to make it easier for public servants to qualify, and allowing states and borrowers to pursue legal action against servicers who misled or failed applicants. Regarding PHEAA, many Senators expressed concerns about transferring PHEAA’s 8.5 million accounts to other servicers, particularly given the high number of reports that PHEAA has lost paperwork and kept poor record of borrower repayments. Subcommittee Chairwoman Elizabeth Warren (D-MA) expressed her desire for ED to include a number of stricter requirements and penalties in contracts with loan servicers when the contracts are renegotiated this year. Chairwoman Warren and several other Democratic Senators also urged the Biden Administration to support borrowers by cancelling up to $50,000 of federal student loan debt for all Americans.
Legislative Bills of Note
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H.R. 4442 (Rep. Jaamal Bowman, D-NY)- Green New Deal for Public Schools Act. This legislation proposes to invest $1.43 trillion over a period of 10 years in public schools and infrastructure to combat climate change. The full press release from Rep. Bowman can be found here.
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S.2379 (Senator Mark Warner, D-VA)- Reverse Transfer Efficiency Act of 2021. This legislation would amend the General Education Provisions Act to allow the release of education records to facilitate the award of a recognized postsecondary credential. The full press release from Senator Warner can be found here.
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ADMINISTRATION AND AGENCY UPDATES AND NEWS
Department of Education Releases Updated Title IX Q&A Document
The U.S. Department of Education (ED) released an updated Q&A document on Title IX. Of note, the document states “the 2020 amendments sets out the minimum steps that a school must take in response to notice of alleged sexual harassment.” They also highlight that the 2020 amendments to Title IX remain in effect while the Department of Education’s review of Title IX regulations are ongoing. The accompanying blog post with the updated Q&A document mentioned continued review of Title IX but did not indicate what the department’s next steps will be. Lewis-Burke anticipates ED will begin the process of formally amending Title IX compliance regulations sometime this year.
Department of Education Announces Listening Sessions for Climate Adaption Plan
On January 27, 2021, the Biden Administration issued Executive Order (E.O.) 14008, Tackling the Climate Crisis at Home and Abroad, which renews efforts in mitigating the climate crisis by requiring each federal agency to create Climate Adaption Plans to demonstrate climate leadership. With the creation of these Climate Adaptation Plans, the U.S. Department of Education (ED) will host virtual listening sessions to help foster and exchange ideas for federal climate leadership opportunities within ED. Each listening session will be focused on specific themes that reflect opportunities and challenges related to climate adaption. During the sessions, discussions will focus on opportunities for climate leadership that exist within ED. The themes and links for the listening sessions are below:
More information regarding the Climate Adaption Plans and ED’s listening sessions, including registration details, can be found here.
ED Financial Aid Updates
The U.S. Department of Education (ED) has issued several financial aid updates. In July, ED announced temporary changes to the federal student aid verification process for the 2021–22 award year. Verification is an administrative process by which the Department ask students to submit additional documentation, such as transcripts of tax returns, to verify their income and other information reported on the Free Application for Federal Student Aid (FAFSA) form. The Department will focus aid verification on identity theft and fraud for the 2021–22 application cycle. ED also announced changes to the Teacher Education Assistance for College and Higher Education (TEACH) Grant Program. Among the changes, TEACH Grant recipients will no longer have their grants converted to loans if they do not certify that they have begun teaching or intend to begin teaching within 120 days of graduating or withdrawing from school.
ED has also published a Request for Information (RFI) regarding the administration of the Public Service Loan Forgiveness (PSLF) Program. The RFI notes “to date nearly 98 percent of student loan borrowers who have applied for PSLF did not receive forgiveness at the time of their application.” The RFI includes several questions that responses can address including, “What features of PSLF are most difficult for borrowers to navigate?” More information on the RFI can be found here and response are due September 24, 2021.
Immigration and International Student Updates
On July 16, a federal judge ruled that the Deferred Action for Childhood Arrivals (DACA) program was unlawful and ordered the government to stop processing new applications. In his decision, Judge Andrew Hanen stated President Obama was outside the bounds of his executive authority when he created the program in 2012 and that only an act of Congress could lawfully establish a program like DACA. While the ruling does not impact the status of current DACA recipients, it adds increased uncertainty about the future of the program and the ability of DACA recipients to remain lawfully in the United States. President Biden indicated the U.S. Department of Justice intends to appeal the decision and called on Congress to enact legislation that would establish DACA as a permanent program. U.S. Department of Homeland Security (DHS) Secretary Alejandro Mayorkas also called on Members of Congress to act and indicated that DHS would be pursuing a negotiated rulemaking process in the meantime to preserve DACA. Secretary Mayorkas also stated that DHS would continue processing renewal applications for DACA, because the ruling only barred processing of new applications. Congress has yet to take any action on DACA and will likely not consider it for several months if they consider legislation to preserve it at all. Additional information on the ruling is available here.
Separately, the United States Citizenship and Immigration Services (USCIS) revoked their prior policy that required applicants looking to change their status to F-1 to file a “bridge” application while their change of status to F-1 was pending. USCIS will now make F-1 visa status effective the day an applicant’s change of status form is approved, instead of 30 days before the start of the applicant’s program, as was the previous rule. In the news release on the policy change, USCIS emphasized this change meant that if F-1 visa applications were approved more than 30 days before the start of an academic program, students needed to be vigilant about making sure they did not violate their F-1 status. USCIS stated the policy change is designed to reduce the workload of its employees and change of status applicants and that the agency will be updating the Form I-539 instructions to reflect the change.
Open Funding Opportunities
ED Releases FY 2021 for the American History and Civics Education National Activities (AHC-NA) Program
The Office of Elementary and Secondary Education (OESE) within the U.S. Department of Education (ED) issued a notice inviting applications (NIA) for the fiscal year (FY) 2021 American History and Civics Education National Activities (AHC-NA) program. The program is seeking innovative evidence-based strategies to promote “American history, civics and government, and geography instruction, learning strategies, and professional development activities and programs for teachers, principals, or other school leaders,” with an emphasis on projects that serve underserved populations. Proposals must address the required absolute priority and may, but are not required to, address the competitive and invitational priorities listed below.
- Absolute Priority: Innovative Instruction or Professional Development in American History, Civics and Government, and Geography
- Competitive Preference Priority: Innovative Activities for Civic Engagement
- Invitational Priority 1: Projects That Incorporate Racially, Ethnically, Culturally, and Linguistically Diverse Perspectives into Teaching and Learning
- Invitational Priority 2: Promoting Information Literacy Skills.
Eligible applicants include institutions of higher education (IHEs), non-profit organizations, and for-profit organizations that display expertise in the proposed field. OESE estimates awarding two to three grants, each being $300,000 to $500,000 per year for a period of performance of up to 36 months. Information for an upcoming pre-application webinar will be made available here. Notice of Intent to apply and program applications are due no later than August 18, 2021. More information, including further details on the competition’s absolute, competitive, and preference priorities, can be found here.
Comprehensive Center for Improving Literacy for People with Disabilities
The U.S. Department of Education (ED) Offices of Elementary and Secondary Education (OESE) and Special Education and Rehabilitative Services, issued a notice inviting applications (NIA) for a new fiscal year (FY) 2021 for a National Comprehensive Center on Improving Literacy for Students with Disabilities (Comprehensive Centers program). The Comprehensive Centers program plans to identify and develop evidence-based assessment tools and professional development activities for students at risk of not attaining full literacy due to a disability. The Center will publish its products and information to families, SEAs, LEAs, REAs, and schools. Interested applicants should include the absolute priority below, which is required.
- Absolute Priority: National Comprehensive Center on Improving Literacy for Students with Disabilities
- To fund a cooperative agreement to create and operate a National Comprehensive Center on Improving Literacy for Students with Disabilities for children education programs through high school. Some of the requirements within the absolute priority include:
- Identify and develop low-cost tools for students at risk of not attaining full literacy skills due to a disability;
- Create evidence-based professional development tools for teachers;
- Executing evidence-based instruction designed to meet the specific needs of such students and;
- Distributing the products of the comprehensive center to regionally diverse SEAs, REAs, LEAs, and schools
Eligible applicants include research organizations, institutions, agencies, institutions of higher education (IHEs), or partnerships among such entities. OESE estimates one cooperative agreement being funded at $1,475,000 in year one and $1,500,000 in years two through five for a project period of up to 60 months. Interested applicants may submit their applications no later than September 1, 2021. More detailed information regarding the solicitation and requirements can be found here.
Good Jobs EDA Solicitation Released
The Good Jobs Challenge program, part of the Economic Development Administration's (EDA) $3 billion Investing in America’s Communities (IAC) program, will support the building and strengthening of regional workforce training systems and sector-based partnerships that meet the existing and emerging skills needs of employers and lead to high-quality jobs. Successful applicants will include proactive employer engagement and commitments to hire, and EDA encourages efforts to reach historically underserved populations and areas. This opportunity is limited to non-construction capital expenses.
There are expected to be approximately 25 to 50 awards ranging from $1 million to $25 million, with award size depending on “proposed geographic, industry, and occupation coverage of a given regional system or partnership.” EDA may award grants or cooperative agreements to eligible applicants, which include institutions of higher education, state and local governments, consortia, and other entities. EDA anticipates that most awards will be cooperative agreements. EDA expects projects to range in duration from 24 months to 36 months and will prioritize programs that are able to place workers into quality jobs within 24 months of the award. According to the NOFO, “applications that can demonstrate committed non-EDA resources to leverage grant funds will be preferred for award.” EDA expects to fund 100 percent of eligible project costs.
Applications must be submitted by January 26, 2022. More information can be found in the full solicitation found here.
Department of Education Releases 2021 Eligibility Matrix
On July 23, the U.S. Department of Education (ED) released the 2021 Eligibility Matrix for institutions that are eligible to apply for grants if they meet specific statutory and regulatory eligibility requirements for programs authorized under Title III Part A of the Higher Education Act (HEA) which includes Strengthening Institutions Program (Part A SIP), Predominantly Black Institutions (Part A PBI), and Asian American and Native American Pacific Islander-Serving Institutions (Part A AANAPISI), and programs authorized under Title III Part F of the HEA which includes Hispanic-Serving Institutions STEM and Articulation (Part F HSI STEM and Articulation), Predominantly Black Institutions (Part F PBI), and Asian American and Native American Pacific Islander-Serving Institutions (Part F AANAPISI). It also includes those institutions eligible as Hispanic-Serving Institutions under Title V. An institution of higher education that is an eligible may also receive a waiver of certain non-Federal cost-sharing requirements for one year under the Federal Supplemental Educational Opportunity Grant (FSEOG). More information regarding the eligibility process and a list of eligible institutions can be found here.
Education Innovation and Research Program (EIR) Early-Phase Award Competition
The U.S. Department of Education’s (ED) Office of Elementary and Secondary Education released, on July 27, a notice inviting applications (NIA) for the fiscal year (FY) 2021 Education Innovation and Research (EIR) for Early-Phase program grants. The EIR program supports efforts to create, implement, and evaluate innovative, evidence-based solutions to academic challenges facing high-need students. The EIR program has three tracks: Early-Phase, Mid-Phase, and Expansion. Each track requires a different level of prior evidence of effectiveness and level of scale. Higher education institutions may apply as part of a consortium led by a state education agency (SEA), local education agency (LEA), the Bureau of Indian Education (BIE), or as a non-profit organization recognized under 34 CFR 75.71. ED intends to issue a total of $180 million in awards across all three phases of EIR grants with $4 million as the estimated average size of an award.
Proposals must demonstrate an evidence base that justifies exploration into the topic and focus on field-initiated innovations. The FY 2021 Early-Phase grant competition includes a special focus on K-12 STEM and computer science education, as well as expanding opportunities in computer science for underserved populations such as minorities, girls, and youth from rural communities and low-income families. For the Early-Phase competition, ED intends to award an estimated $35 million in funds for STEM projects and $35 million in funds for social and emotional learning (SEL) projects.
The NIA for the Early-Phase program grant includes four absolute priorities and three competitive priorities. All applicants must address Absolute Priority 1 and must also address one of the other three absolute priorities. Applicants who choose to address Absolute Priority 3 also have the option of addressing Competitive Priority 1, and applicants applying to any of the Absolute Priorities are able to address Competitive Priorities 2 or 3. There is no limit to how many Competitive Priorities applicants are able to address.
- Absolute Priority 1: Demonstrates a Rationale
- Absolute Priority 2: Field-Initiated Innovations – General
- Absolute Priority 3: Field-Initiated Innovations – Promoting Science, Technology, Engineering, or Mathematics (STEM)
- Competitive Preference Priority 1: Computer Science (up to 5 points)
- Absolute Priority 4: Field-Initiated Innovations — Fostering Knowledge and Promoting the Development of Skills That Prepare Students To Be Informed, Thoughtful, and Productive Individuals and Citizens
- Competitive Preference Priority 2: Innovative Approaches to Addressing the Impact of COVID-19 on Underserved Students and Educators (up to 5 points)
- Competitive Preference Priority 3: Promoting Equity and Adequacy in Student Access to Educational Resources and Opportunities (up to 5 points)
Due Dates: Full proposals are due August 27, 2021. Applicants are encouraged to submit a notice of intent to apply by August 17, 2021.
Total Funding and Award Size: ED intends to award a total of up to $180 million in EIR grants across all phases of the program, funding up to $4 million for Early-Phase projects over a period of up to 60 months. Between 12 and 23 program grants are expected to be awarded in the Early-Phase track.
Eligibility and Limitations: SEAs, LEAs, non-profit organizations, and BIE are eligible to apply and may do so partnership with other entities, including higher education institutions. The grant requires cost sharing by recipients of at least 10 percent of the award amount.
Further details on requirements of the absolute and competitive priorities and additional information on the competition can be found in our full write up of the EIR Early-Phase Award solicitation here.
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FACTS AND FIGURES: FAFSA Completion Falls 4.8%
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WHAT WE'RE READING
New Report Released on Effects of the COVID-19 Pandemic on Undergraduate Student Experiences
A new and unique National Center for Education Statistics report, 2019–20 National Postsecondary Student Aid Study (NPSAS:20): First Look at the Impact of the Coronavirus (COVID-19) Pandemic on Undergraduate Student Enrollment, Housing, and Finances (Preliminary Data), is released. The population included in this report is approximately 61,000 undergraduate students from the nationally representative NPSAS:20 sample. The data used in this report provide the first national estimates of the impact of COVID-19 on postsecondary students in the first academic semester of the pandemic. This First Look describes early pandemic disruptions to students’ enrollment, housing, and finances, as well as how institutions supported and informed students on these and other impacts.
Some key findings from this report include:
- Thirty-four percent of undergraduates received technology or technical services from their institution to aid in transitioning to online instruction.
- Twenty-eight percent of undergraduates experienced a housing disruption due to COVID-19: moving back to their permanent address, moving to another living situation, or having difficulty finding safe and stable housing.
- Twenty-nine percent of undergraduates lost a job or lost income as a result of the pandemic.
- Seventy percent of undergraduates agreed that their institution provided helpful communication on changes to accessing coursework due to the pandemic.
Source: https://nces.ed.gov/pubsearch/pubsinfo.asp?pubid=2021456
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