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September 2, 2020 — Lewis-Burke Associates LLC
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A VIEW FROM WASHINGTON
Recent higher education policy developments have centered on a presidential memorandum on student loans and implementation of CARES Act guidance. On August 8, President Trump signed a “ Memorandum on Continued Student Loan Payment Relief During the COVID-19 Pandemic. The order extends the current moratorium on student loan payments established in the CARES Act to December 31, 2020, past its original expiration date of October 1. The memorandum states that borrowers with federally held student loans will have their payments automatically suspended until 2021 without penalty. The interest rate on all federally held student loans will be set to 0% through the end of the calendar year.
The U.S. Department of Education (ED) is facing several legal challenges to its guidance limiting CARES Act aid to Title IV eligible students. Massachusetts, California, and Washington have filed related legal challenges to ED’s guidance. A ruling in the California case, which ED is appealing, blocks the guidance preventing international and Deferred Action for Childhood Arrivals (DACA) recipients from receiving aid. That ruling, however, currently only applies to community colleges in California. A lawsuit by several states seeking to block ED’s Title IX regulations from taking effect was not successful. ED has launched a Title IX resource site for the rule, which went into effect on August 14.
The U.S. Department of State recently sent a letter to institutions of higher education encouraging them to divest from Chinese holdings in their endowments. This effort from the State Department is the latest development in a series of federal actions seeking to address concerns over ties between higher education and China.
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CONGRESSIONAL UPDATES AND NEWS
Congressional Action Stalled Due to Pandemic and Election
There is less than a month until the end of the current federal fiscal year and around 60 days until the election. When legislators return from their August recess in mid-September, it is assumed that Congress will attempt to advance a temporary funding extension to support federal agencies, including the U.S. Department of Education, until after the November election. However, partisan divisions over the next COVID-19 relief deal may complicate efforts for a simple spending extension. If an agreement on a COVID-19 relief bill can be reached, higher education institutions may benefit from additional federal support as both the current Senate and House proposals include another round of higher education relief as well as additional funding toward biomedical research and other university priorities.
The year started out with House Democrats hoping to consider and vote on their Higher Education Act (HEA) reauthorization bill, the College Affordability Act. Similarly, Senate Health, Education, Labor, and Pensions (HELP) Committee Chairman Lamar Alexander (R-TN) had long teased a HEA reauthorization bill to conclude his tenure in the Senate. However, with limited time and even less political will, any HEA reauthorization action has been tabled for this Congress, as have attempts to consider a reauthorization of the Workforce Innovation and Opportunity Act (WIOA) and related career training legislation.
One higher education issue of on-going congressional interest has been collegiate athletics. Multiple Members and committees in both the House and Senate are currently working to craft legislation to address name, image, and likeness (NIL) compensation policies as well as student athlete protections. These legislative proposals are expected to be introduced in the coming weeks, but actual consideration of any of the NIL bills is unlikely to happen before the election.
Forecast of Senate Education Committee Leadership in the 117th Congress
The upcoming election will not only determine the presidential administration for the next four years, but will also impact the makeup of the next Congress and the leaders of several committees overseeing education policy and funding. Although Republicans were initially favored to retain control of the Senate, the volatile political landscape has the GOP defending several seats originally thought to be safe, putting a Senate majority firmly in play. Should Republicans retain control, they will need to select a new Chair of the Senate Health, Education, Labor, and Pensions (HELP) Committee, given that current Chairman Lamar Alexander (R-TN) is retiring at the end of the year. Senators Mike Enzi (R-WY) and Pat Roberts (R-KS), two of the most senior members on the committee, are also retiring. Potential replacements (in order of committee seniority) include:
- Senator Richard Burr (R-NC): Senator Burr would be first in line to take over the Chairmanship. However, Senator Burr recently had to temporarily resign as Chair of the Senate Intelligence Committee due to an ongoing investigation. Given these other issues, it is unclear whether Senator Burr would be given the Chairmanship of the HELP Committee.
- Senator Rand Paul (R-KY): A staunch advocate of small government and reducing spending, Senator Paul may seek to shrink the federal government’s footprint in higher education, both from a regulatory and financial perspective. However, Senate Republican leaders have often clashed with Senator Paul, and may seek to block him from taking control of the HELP Committee.
- Senator Susan Collins (R-ME): Senator Collins is seen as a pragmatic deal maker, not unlike Chairman Alexander, and would likely continue the bipartisan focus of the Committee. However, Senator Collins is considered one of the most vulnerable incumbents up for reelection and may not return for the 117th Congress.
- Senator Bill Cassidy (R-LA): A physician by training, Senator Cassidy has been a close ally of Chairman Alexander on healthcare policy and would may shift focus towards health issues were he to become Chairman.
The Senate Appropriations Subcommittee on Labor, Health and Human Services, and Education (Labor-HHS-ED) is currently led by Chairman Roy Blunt (R-MO), who is expected to continue serving in that role should the Republicans retain control of the Senate.
If Democrats flip the Senate and become the majority party, the landscape is significantly simpler. Senator Patty Murray (D-WA) currently serves as Ranking Member on both the Senate HELP Committee and the Senate Labor-HHS-ED Appropriations Subcommittee, and would likely become Chairwoman of both committees.
Legislative Bills of Note
- H.R. 7761 (Rep. Swalwell, D-CA) - Protecting Access to Loan Forgiveness for Public Servants During the COVID-19 Pandemic Act. This legislation would allow public servants who have been furloughed or laid off due to the COVID-19 pandemic to continue to count payments made during the public health emergency toward the Public Service Loan Forgiveness program, as long as they resume a job in public service within six month of the public health emergency declaration ending. Rep. Swalwell’s press release is available here.
- H.R. 8110 (Rep. Murphy, R-NC) – Campus Free Speech Restoration Act. This legislation would prohibit public institutions of higher education (IHEs) from curbing free speech on campus, require private IHEs that receive federal funding to be transparent about their free speech policies, allow the Attorney General to challenge free speech policies at an IHE, and create a review process within the Department of Education (ED) to review free speech policies and withhold federal funding if IHEs are deemed to be in violation. A companion bill was introduced in the Senate by Senator Tom Cotton (R-AR). Rep. Murphy’s press release is available here.
- H.R. 7842 (Rep. Murphy, R-NC) - Intelligence on Nefarious Foreign Leaders Using Education Networks for Corrupt Enrichment (INFLUENCE) Act. This legislation would lower the foreign gift reporting threshold for IHEs to $50,000 and require IHEs to report to ED the nature of any contracts with foreign nationals that are of a sensitive nature. Rep. Murphy’s press release is available here.
- H.R. 7932 (Rep. Susie Lee, D-NV) - Community College Workforce Training Act. This legislation would authorize $2 billion through fiscal year 2024 to re-start the Trade Adjustment Assistance Community College and Career Training (TAACCCT) grant program. Rep. Lee’s press release is available here.
- H.R. 7953 (Rep. Carson, D-IN). This legislation would create a Consumer Financial Protection Bureau grant program to establish centers of excellence in the research, development, and implementation of financial literacy education programs.
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ADMINISTRATION AND AGENCY UPDATES AND NEWS
ED Issues Regs on Distance Learning and More
The U.S. Department of Education (ED) released its “Distance Education and Innovation” regulations last month. This follows the release of regulations earlier this year on a variety of issues including accreditation, state authorization, religious institutions, and licensure notifications, among other topics. Important regulatory updates in the new distance education regulations include definitions of distance education and “regular and substantive interaction.” In a fact sheet accompanying the announcement of the new regulations, ED notes that the new regulations will support “the permissibility of engaging instructional teams in the delivery of education through distance learning.” Additionally, the regulations provide updated definitions of clock hour and credit hour.
Other regulatory changes recently undertaken by ED include amending the current regulations regarding the eligibility of faith-based entities to participate in Title IV and updating the Teacher Education Assistance for College and Higher Education (TEACH) Grant Program regulations.
National Advisory Committee on Institutional Quality and Integrity Holds Summer Meeting
In late July, the National Advisory Committee on Institutional Quality and Integrity (NACIQI) held their summer meeting. The meeting largely focused on the review of the U.S. Department of Education’s (ED) recommendation to limit the Higher Learning Commission’s (HLC) ability to accredit institutions that did not already have accreditation or pre-accreditation status. During the meeting, representatives from ED stated HLC did not follow their own rules regarding notifying schools about their loss of accreditation during their change of ownership, which was problematic as ED continued to provide federal funding for the schools and students claimed they were misled about the institutes’ accreditation status. NACIQI ended up voting 9-2 to not accept the recommendation of the Department of Education, though their vote is not binding. The final decision is pending and will be made by Deputy Secretary of Education Mick Zais.
This issue between ED and HLC has garnered a lot of attention from congressional Democrats, who believe representatives from ED, including Principal Deputy Under Secretary Diane Auer Jones, acted inappropriately in aid of the Dream Center. Chairman of the House Education and Labor Committee Bobby Scott (D-VA) recently requested an investigation into ED’s relationship with the Dream Center. ED’s recommendation to limit the accreditation ability of HLC has also raised concern in parts of the education community, as some see the recommendation as an assault on regional accreditor’s ability to make independent decisions regarding accreditation.
IES Director Discusses Diversity in Blog Post
Mark Schneider, Director of the Institute of Education Sciences (IES), the Department of Education’s research division, recently released a blog post entitled “Acting on Diversity.” The blog is somewhat unique for a government communique, in that it directly addresses the murder of George Floyd, Breonna Taylor, and others. Director Schneider notes, “We are trying to find actions not just words,” to address “established present-day patterns of inequities.” He goes on to reference the legislation that created IES and its directives that require IES to address “racial, cultural, gender, or regional bias.” In meeting this mission, IES intends to:
- Expand the diversity of its peer reviewers;
- Support more training for to increase the diversity of education researchers;
- Ensure that data collection efforts reflect “today’s world of education;”
- Support community colleges, Career and Technical Education (CTE), and adult education;
- Improve the delivery of special education;
- Develop analytics to support positive interventions for students of color and low-income students; and
- Build on existing internships and other programs for students at HBCUs and Minority Serving Institutions.
Director Schneider closes his post noting, “IES has been working on some of these issues for years—but not always with the appropriate sense of urgency.” Efforts to address systemic racism include resolving the inequities in disparities in our K-12 and higher education systems. IES plays an important role in developing evidence-based interventions to address the gaps in achievement experienced by students of color and low-income students.
Funding Opportunities at NSF and ED
NSF Releases Solicitation for Innovation in Graduate Education Acceleration Hub
The National Science Foundation (NSF) recently released its fiscal year (FY) 2020 solicitation for the Innovations in Graduate Education (IGE) program. The IGE program aims to transform graduate science, technology, engineering, and mathematics (STEM) education by supporting the development and implementation of bold new approaches to STEM graduate student training.
IGE Innovation Acceleration Hub
For this solicitation only, IGE is accepting proposals for a one-time award to develop and implement an IGE Innovation Acceleration Hub that will aid the IGE program in its goal of accelerating innovation in graduate education through providing a platform for IGE projects to communicate with each other and the larger stakeholder community about IGE projects and outcomes.
Innovations in Graduate Education Projects
Projects funded under the IGE program should create potentially transformative models of education and workforce development for research-based STEM master’s and/or doctoral STEM students. The IGE program supports research-based, targeted test-bed efforts to improve graduate STEM education and will not support foundational research on how graduate students learn or comprehensive training of graduate students.
Both standard IGE project proposals and applications for the IGE Innovation Acceleration Hub are due November 4, 2020. NSF plans to award six to ten standard IGE grants at $300,000 - $500,000 for up to three years. NSF further intends to award one cooperative agreement for the IGE Innovation Acceleration Hub, with a maximum award amount of $1 million for up to five years. NSF estimates a total of $5 million will be made available under this solicitation.
ED Announces COVID-19 Relief to Institutions of Higher Education
The U.S. Department of Education (ED) published a Notice Inviting Applications (NIA) for awards from the new Institutional Resilience and Expanded Postsecondary Opportunity (IREPO) program. Funds to support the IREPO program will come from the Education Stabilization Fund created by the Coronavirus Aid, Relief, and Economic Security (CARES) Act and will support initiatives by institutions of higher education to emerge from the coronavirus pandemic more resilient and able to provide expanded opportunities for students, whether or not they are physically on campus. Priority will be given to institutions in which more than 30 percent of full-time students received a Pell Grant and can demonstrate unmet need from previous CARES funding.
All applications must address the absolute priority of expanding opportunities for students and increasing institutional resiliency. Applications that propose plans to expand remote learning and other innovative educational delivery methods will be given competitive priority, as will those that provide dual enrollment opportunities for rural high school students and/or are Title III or Title V eligible institutions (such as Minority Serving Institutions and Historically Black Colleges and Universities) located in a rural community or Opportunity Zone. Applications are due on October 10, 2020. Further details on application requirements and eligibility are available here.
ED Launches CTE Mission: CubeSat Challenge for High School Students
The Department of Education (ED) recently announced the CTE Mission: CubeSat Challenge. The purpose of the challenge is to engage high school students to build technical skills for careers in space. Schools are invited to create teams of students to build cube satellite (CubeSat) prototypes or satellites that can contribute to space research. Mission proposals are due by 5:59 PM ET on October 16 and are required to participate. Up to five finalists will be selected to receive mentorship, virtual resources, hardware and software kits for building satellites, and an equal share of the $25,000 cash prize pool. No prior experience with CubeSat or in-person collaboration is required for participation. CubeSat educational resources for students and teachers are available here. The CubeSat competition is a part of Ed Prizes, a series of prize competitions run through the Department of Education to increase access to and the capacity of career and technical education.
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2020 UPDATE
Vice Presidential Candidate Kamala Harris and the Biden-Harris Campaign on HBCUs
Former Democratic presidential candidate and U.S. Senator Kamala Harris (D-CA) has been tapped as the vice-presidential candidate for the Democratic party alongside former Vice President Joe Biden. Harris attended Howard University, a Historically Black College and University (HBCU), where she received her degree in political science and economics. Senator Harris focused a large part of her education platform as presidential candidate on supporting HBCUs. Senator Harris proposed investing $60 billion in STEM education at HBCUs and investing $2.5 billion to bolster education tracks at HBCUs to diversify the K-12 workforce. While her previous education plan was not fully adopted by the Biden-Harris campaign, numerous policies in their higher education plan would support HBCUs. These include:
- Invest $18 billion in grants for HBCUs, Tribal Colleges and Universities (TCUs), and minority-serving institutions (MSIs);
- Invest $10 billion to create at least 200 new centers of excellence at HBCUs, TCUs, and MSIs;
- Require any federal research grants to universities with an endowment of over $1 billion to form a meaningful partnership and enter into a 10% minimum subcontract with an HBCU, TCU, or MSI;
- Invest $20 billion in infrastructure for HBCUs, TCUs, and MSIs to build the physical research facilities and labs;
- Invest $10 billion in programs that increase enrollment, retention, completion, and employment rates at HBCUs, TCUs, and MSIs; and
- $5 billion in graduate programs in teaching, health care, and STEM at HBCUs, TCUs, and MSIs.
More information on the Biden-Harris higher education plan can be found here.
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FACTS AND FIGURES: NCES Report Highlights Degree Attainment Inequities
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Less than 25% of first-time, full-time Black and Hispanic students had earned a bachelor’s degree six years after starting college in 2011.
Source: https://nces.ed.gov/pubs2020/2020238.pdf.
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WHAT WE'RE READING: Exploring Ways to Enhance FAFSA Efficiency Paper Series
The National Association of Student Financial Aid Administrators (NASFAA) released a series of 10 papers recommending changes to the Free Application for Federal Student Aid (FAFSA) for a more simplified and efficient process. The papers cover several topics including “FAFSA and the Free College Movement,” and “Applying for Student Aid: Can Federal Tax Returns Take the Place of the FAFSA?” among other topics. The series makes several policy recommendations including:
- Eliminate the term “expected family contribution” (EFC) and replace it with a term that reflects an indexing of financial strength.
- Allow independent students without dependents to be eligible for the auto-zero EFC.
- Make the formula used to define verification selection criteria more transparent.
- Add the negative adjusted gross income (AGI) back into income in the need analysis formula.
The Paper Series, Executive Summary, Project Highlights, and Press Release can be found here.
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