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Education and Workforce Policy Newsletter

June 4, 2021 — Lewis-Burke Associates LLC

Infrastructure, government funding, and global competitiveness legislation have been issues occupying the congressional calendar.  The Biden Administration released its full fiscal year (FY) 2022 budget request, with additional spending details on its American Jobs Plan and American Families Plan.  The request details $6 trillion in spending and includes a variety of education and workforce proposals including adding $1,875 to the maximum Pell Award, a proposed $1.9 billion for Department of Education (ED) programs for Minority-Serving Institutions, and $81.5 for workforce development efforts at the Department of Labor (DOL).  The House has indicated it will move forward with its funding process next month, with a goal of wrapping up spending bills in July.  The Senate will likely not be far behind.  Given the hefty price tag associated with these proposals, and political differences on spending priorities, final enactment of these proposals remains extremely uncertain.  More details on the President’s budget request are below. 

The Senate has been very focused on Senate bill S. 1260 the Endless Frontier Act, which was renamed via an amendment the United States Innovation and Competitiveness Act (USICA).  What primarily began as an effort to create a new Directorate at the National Science Foundation (NSF), has morphed into a bill touching on a variety of research topics and issues important education.  These include proposals to increase reporting requirements on foreign gifts received by institutions of higher education, proposed funding for programs at Minority-Serving Institutions, and grants to increase access to computer science education for K12 students, among numerous other proposals.  After a very contentious amendment process, and with various education associations expressing concerns with many of those amendments, consideration of the bill was delayed to June 8.  Issues that remain to be resolved include merging the bill with a House bill (likely H.R. 2225, the NSF for the Future Act) and providing funding for the programs proposed in both bills. 

Finally, ED has announced its intent to address several regulatory issues important to higher education.  ED will be hosting a series of hearings to kick of a process that will culminate with negotiated rulemaking, a process which entails outside experts crafting regulations with ED having final say.  Topics that are likely to be considered include borrower defense to repayment, gainful employment, Pell Grant eligibility for prison education programs, and Public Service Loan Forgiveness, among other issues.  More details on this regulatory process is available below. 

IN THIS ISSUE


CONGRESSIONAL UPDATES AND NEWS
House of Representatives Passes STEM Legislation

Congressional Workforce Development Efforts Continue

Legislative Bills of Note

ADMINISTRATION AND AGENCY UPDATES AND NEWS
FY 2022 ED Budget Proposal 

FY 2022 DOL Budget Request 

ED Releases Higher Education Emergency Relief Fund III (HEERF III)

Updates Regarding Title IX and Leadership within the Office for Civil Rights

ED Announces Public Hearings on Protections for Students and Other Issues

Department of Education Announces Website Redesign Phase Two 

President Biden’s Picks for Key Higher Ed Administration Posts Continue 

Open Funding Opportunities

FACTS AND FIGURES 
Third Way: Percent of Tuition and Fees at Public Four-Year Colleges Covered by Doubling the Maximum Pell Grant 

WHAT WE'RE READING
Equitable Value: Promoting Economic Mobility and Social Justice through Postsecondary Education 
CONGRESSIONAL UPDATES AND NEWS 

House of Representatives Passes STEM Legislation  
The U.S. House of Representatives recently passed multiple pieces of legislation related to science, technology, engineering, and mathematics (STEM).  Many of these bills are related to expanding access to STEM education to populations that are currently underrepresented in the STEM workforce.  For example, the Rural STEM Education Research Act aims to support STEM education in rural areas by funding research on innovative STEM education and creation of pilot programs to provide peer support to rural STEM educators.  Other bills, such as the STEM Opportunities Act and the MSI STEM Achievement Actaim to increase participation of underrepresented minority groups in STEM.  Congress also passed legislation to prevent sexual harassment in the STEM workforce.  The Combatting Sexual Harassment in STEM Act would direct the National Science Foundation to award grants to institutions of higher education to study sexual harassment in STEM and ways to intervene or prevent sexual and gender harassment from occurring.  

The passage of these bills demonstrates Congress’ continued focus on broadening participation in STEM and increasing domestic competitiveness in order to compete globally and rebuild the economy after the pandemic.  A continued federal focus on STEM and other in-demand industries is expected from Congress and the Administration.

Congressional Workforce Development Efforts Continue
Congressional efforts to address workforce development continue, with the House Committee on Education and Labor holding two hearings on Workforce Innovation and Opportunity Act (WIOA) reauthorization.  WIOA is the federal government’s primary effort to support workforce development activities that are designed to increase the employment and earnings of workers.  A May 13 hearing focused on WIOA programs that support youth.  During that hearing, Representative Frederica Wilson (D-FL) observed that within WIOA youth programs an “area for improvement is expanding paid work-based learning opportunities.”  Witnesses and members spoke about the importance of improving the connection between education and work.  A May 27 hearing focused on WIOA programs for dislocated workers.  During that hearing, witness Patrick (PJ) McGrew, Executive Director, [Indiana] Governor’s Workforce Cabinet, shared that his state “intentionally focused on other parts of the talent development system rather than just WIOA.” Other witnesses and members noted the need for ongoing skill development, the need for data, the advanced skills need for “new economy” jobs, and the need for digital skill training. 

The Committee is expected to host one more hearing on WIOA.  With the Biden Administration proposing $100 billion for workforce development programs, it is possible that workforce development proposals developed in the House and Senate could shape how that funding is allocated.  It is unclear if a bipartisan reauthorization of WIOA is possible. 

Legislative Bills of Note 

  • H.R.3244 (Rep. Jason Crow, D-CO) Teacher, Principal, and Leader Residency Access Act.  This legislation would allow students enrolled in residency programs for teachers, principals, or school leaders to be eligible for Federal work-study funding.  The full press release from Rep. Crow can be found here.
  • S.1585 (Sen. John Kennedy (R-LA) Improving Mental Health Access for Students Act. This legislation would require colleges and universities to provide the contact information for the National Suicide Prevention Lifeline, Crisis Text Line, and other campus mental health resources on student identification cards. This bill has passed in the Senate. The full press release from Sen. Kennedy can be found here
  • H.R. 721 (Rep. Grace Napolitano, D-CA) Mental Health Services for Students Act of 2021.  This legislation would fund on-site mental health services for youth in schools nationwide through a State Educational Agency Grant Program that is administered by the Substance Abuse and Mental Health Services Administration (SAMHSA).  The full press release from Rep. Napolitano can be found here.
  • S.1719 (Senator Margaret Hassan, D-NH) Fast Track To and Through College Act.  This legislation would create a grant program that focuses on increasing rates of college completion and reducing college costs by accelerating time to degree, aligning secondary and postsecondary education, and improving postsecondary credit transfer.  The full press release from Senator Hassan can be found here.
ADMINISTRATION AND AGENCY UPDATES AND NEWS

FY 2022 ED Budget Proposal     
Under the President’s budget request, funding for the discretionary programs within Department of Education (ED) would be $102.8 billion, a 41% increase compared to the FY 2021 enacted level.  The Pell Grant program maximum award would increase by $1,875 for the 2022-2023 school year and eligibility for Pell and campus-based aid would be extended to recipients of the Deferred Action for Childhood Arrivals (DACA) program.  The request proposes a wide variety of new programs and priorities.  Highlights include raising the maximum Pell Grant award to $8,370, after accounting for proposed increases in discretionary and mandatory funding.  The request also proposes $14.3 billion to invest in free community college and incorporates the American Families Plan's (AFP) proposal to subsidize tuition at Historically Black Colleges and Universities (HBCUs), Tribal Colleges and Universities (TCUs), and Minority-Serving Institutions (MSIs), for families earning less than $125,000 a year.  It also proposes $20 billion for a new Title I Equity Grants program, which would support K12 districts serving high concentrations of students from low-income backgrounds.  

The budget proposes a new $68 million grant program, under the Fund for the Improvement of Postsecondary Education (FIPSE), to support the expansion and scaling of innovative “evidence-based approaches designed to improve student access to, success in, and completion of postsecondary education as well as connections to career opportunities.”  The proposed multi-tiered grant program would also support projects aimed at institutional change to improve student success, especially for underserved populations. 

As outlined under AFP, the budget also proposes $6.2 billion in FY 2022 for a Completion Grants Program, which would provide grants to States and Tribes to invest in completion and retention activities at colleges and universities that serve high numbers of low-income students.” Additionally, the budget reiterates the AFP proposal for $2.4 billion in mandatory spending to support Community College Infrastructure, including facilities and technology investments. 

Lewis-Burke’s full analysis of FY 2022 President’s budget request is available here

FY 2022 DOL Budget Request   
Discretionary programs within the Department of Labor (DOL) would be funded at $14.2 billion, up $900 million, a 6.8% increase compared to the FY 2021 enacted level.  The budget request seeks to increase apprenticeship resources to expand apprenticeship access to historically underrepresented groups and grow Registered Apprenticeship opportunities in high-growth sectors where apprenticeships are underutilized.  The request proposes increases to Workforce Innovation and Opportunity Act (WIOA) programs, $100 million for the new multi-agency POWER+ Initiative, aimed at reskilling and reemploying displaced coal workers in Appalachian communities, and $20 million for a new program, developed in collaboration with the Department of Veterans Affairs, focused on helping veterans shift to careers in clean energy. 

The budget request proposes $285 million, a $100 million increase above the FY 2021 enacted level, to expand Registered Apprenticeship (RA) opportunities.  This would support capacity-building and expanding and diversifying RA programs.  The budget proposal requests $3.7 billion, a $203 million increase over the FY 2021 enacted level, for Workforce Innovation and Opportunity Act State Grants.  The budget request also includes funding for a new National Youth Employment Program (NYEP).  This program, which would be funded at $50 million, would provide competitive grants to communities to operate summer and year-round youth employment programs through partnerships with employers in high-demand industries and occupations for approximately 20,000 participants in FY 2022.  The budget request also included additional details on the American Jobs Plan (AJP), with a proposed investment in DOL of $81.5 billion over 10 years.  AJP proposals highlighted in the budget request include: 

  • $18 billion for a new Comprehensive Supports for Dislocated Workers (CSDW) program.  The CSDW program would provide supports to dislocated workers who are enrolled in a federally-funded training program in order to help them complete their training and move into new jobs.  Allowable supports would include income support, child care, transportation, job search allowances, and relocation benefits, among other benefits; 
  • $22 billion for a new Sectoral Employment through Career Training for Occupational Readiness (SECTOR) program.  The SECTOR program would support the creation of high-quality training programs in growing sectors such as clean energy, manufacturing, and caregiving.  DOL would work closely with other Federal agencies that possess relevant technical knowledge of target sectors to carry out this program.  Funding would support the formation of sector partnerships, development and scaling of sector training programs, and establishment of sector-focused career centers.  DOL would make grants to consortia of workforce system entities, education providers, employers/industry groups, labor management partnerships, community-based organizations, and unions; 
  • $10 billion for Registered Apprenticeship and Pre-Apprenticeship programs.  This proposal would create between one and two million new RA slots over the next ten years with a focus on increasing access to RA for historically underrepresented groups, including people of color and women, and diversifying the industry sectors involved in registered apprenticeships. 

Lewis-Burke’s full analysis of FY 2022 President’s budget request is available here

ED Releases Higher Education Emergency Relief Fund III (HEERF III)
The U.S. Department of Education (ED) announced that it was releasing funding under the Higher Education Emergency Relief Fund III (HEERF III), as authorized by the American Rescue Plan (ARP).  The $39.6 billion available under HEERF III is available to institutions of higher education to support students and aid learning during the COVID-19 pandemic.  Within the $39.6 billion, $36 billion will go to public and private non-profit institutions, $3 billion will go to support Minority-Serving Institutions, $198 million will go to institutions with the greatest unmet need from the coronavirus, and $396 million will go to support students at for-profit institutions.  At least half of an institution’s HEERF III allocation must be used to make emergency financial aid grants to students while the remainder may be used for institutional purposes.  New for HEERF III funding, a portion of institutional funds must be used to: 

  • “implement evidence-based practices to monitor and suppress coronavirus in accordance with public health guidelines; and  
  • conduct direct outreach to financial aid applicants about the opportunity to receive a financial aid adjustment due to the recent unemployment of a family member or independent student, or other circumstances, described in section 479A of the HEA.” 

Perhaps the most significant change is all students enrolled at an eligible institution of higher education on or after March 13, 2020 are eligible for emergency financial aid.  This includes students who have not filled out a Free Application for Federal Student Aid (FAFSA) and those that are not Title IV eligible, including refugees, asylum seekers, and Deferred Action for Childhood Arrivals (DACA) program recipients.  International students and domestic students studying abroad are also eligible for emergency financial aid, though ED is emphasizing the need for institutions to prioritize students with exceptional need.  Institutions that already received HEERF II awards from the Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) are not required to submit a new or revised application to receive HEERF III funding. Additional information, including further details on allowable uses of funds and reporting requirements, is available through the FAQ document published by ED.

Updates Regarding Title IX and Leadership within the Office for Civil Rights  
The Office for Civil Rights (OCR) within the Department of Education (ED) continues to grow and update as the White House pushes for the Office’s implementation of President Biden’s March 8 Executive Order regarding sexual discrimination and announces the nomination of OCR’s new Assistant Secretary. 

As previously reported, OCR released a letter to students, educators, and stakeholders on April 6 to announce the ongoing review of Title IX of the Education Amendments of 1972, and that ED plans to solicit public comment on the current Title IX regulations.  OCR has now released details regarding their plan to solicit comments from the public in the form of hearings.  OCR is seeking to gather feedback from as many interested parties as possible and has organized public hearings June 7-11.  Registration for the hearing(s) and more details on times and information can be found here.

To help with the continued implementation of the possible restructuring of Title IX, President Biden announced on May 13 the nomination of Catherine Lhamon for Assistant Secretary for Civil Rights at the Department of Education.  Lhamon had previously held this position in 2013 under the Obama Administration, but is currently Deputy Assistant to the President and Deputy Director of the Domestic Policy Council for Racial Justice and Equity.  Up until January 2021, Lhamon chaired the U.S. Commission on Civil Rights, a position she was previously appointed to by President Obama in 2016.  The full press release regarding Lhamon’s nomination can be found here.

ED Announces Public Hearings on Protections for Students and Other Issues 
The U.S. Department of Education (ED) Office of Postsecondary Education (OPE) announced public hearings to receive feedback on potential issues for future rulemaking sessions, including borrower defense for students defrauded by institutions of higher education, gainful employment rules, and loan repayment and cancellation policies for select student populations.  The public hearings will be held virtually on June 21, 23, and 24 from 10:00 AM-12:00 PM and 2:00 PM-4:00 PM ET.  

ED has suggested the following topics for discussion but is open to hearing comment on any potential regulation that may improve outcomes for students, and especially student borrowers.  The suggested topics are: “ability to benefit; borrower defense to repayment; certification procedures for participation in federal financial aid programs; change of ownership and change in control of institutions of higher education; closed school discharges; discharges for borrowers with a total and permanent disability; discharges for false certification of student eligibility; financial responsibility for participating institutions of higher education, such as events that indicate heightened financial risk; gainful employment; income-contingent loan repayment plans; mandatory pre-dispute arbitration and prohibition of class action lawsuits provisions in institutions’ enrollment agreements; Pell Grant eligibility for prison education programs; public service loan forgiveness; and standards of administrative capability.” 

Stakeholders who would like to participate in the public hearings should email negreghearing@ed.gov by 12:00 PM the business day before they would like to participate.  The email should include the name and email address of the speaker, the topics they would like to speak on, and at least two dates and times the speaker would be able to participate in the public hearing.  Members of the public may also register to listen to the public hearings without providing comment, which can be done via this link.  Following the public hearings, ED will request nominations for negotiators to serve on negotiated rulemaking committees, which are expected to convene in late summer 2021.

Department of Education Announces Website Redesign Phase Two 
In a recent blog post, the U.S. Department of Education (ED) announced they are moving into phase two of its three-phase website redesign that began in the fall of 2019.  Phase one was planning phase of the website redesign, during which ED rewrote the website governance and standards, hosted an open innovative design challenge for the new website, and conducted user research on how to ensure the new website is more accessible, user centered, and mobile friendly.  In phase two, ED is going to focus on ways to better communicate with the American public and removing outdated content from ed.gov.  The final phase of the website redesign is expected to be “rebuilding” activities that will build on the clean-up and communication activities carried out in phase two.  ED has yet to announce an expected timeframe for the website redesign to conclude.

President Biden’s Picks for Key Higher Ed Administration Posts Continue 
Cynthia Marten, superintendent of the San Diego Unified School District, was confirmed as Deputy Secretary of Education by a 54-44 vote in the Senate.  She will be managing the day-to-day operations of the roughly 4,000-person workforce as No. 2 to Education Secretary Miguel Cardona.  Marten joins the Department of Education (ED) in a vital role as the agency is working towards reopening schools amid the pandemic and setting policy priorities set forth by the Biden Administration.   

President Biden has also nominated Gwen Graham, who currently serves as a board director of the Bob Graham Center for Public Service at the University of Florida, to be Assistant Secretary for Legislation and Congressional Affairs for ED.  Graham, a former Member of Congress and Chief of Labor and Employee Relations with Leon County Schools will be Secretary Cardona’s top advisor on all congressional and legislative relations and activities.  The full White House press release for Graham’s nomination can be found here.

Open Funding Opportunities

ED Issues NIA for FY 21 AANAPISI Program    
The Department of Education’s (ED) Office of Postsecondary Education (OPE) issued a notice inviting applications (NIA) for the fiscal year (FY) 2021 Asian American and Native American Pacific Islander-Serving Institutions (AANAPISI) Program.  The AANAPISI Program supports an institution’s expansion of their ability to serve and support Asian American and Native American Pacific Islander students and low-income individuals.  Applicants can address one or both of the competitive preference priorities listed below.  Institutions are also encouraged to address the invitational priority in their proposals. 
  • Competitive Preference Priority 1 (up to 5 points): “Fostering Flexible and Affordable Paths to Obtaining Knowledge and Skills.”  This priority will support projects providing work-based learning experiences.
  • Competitive Preference Priority 2 (up to 3 points): “Applications from New Potential Grantees.” This priority will support proposals from grantees who have never received an AANAPISI grant.
  • Invitational Priority: “Addressing the Impact of COVID-19 on Students’ Mental Health and Academic Outcomes Through Student Support Services.”  This priority will support projects that provide wrap-around services for students to address mental health and academic support needs due to the COVID-19 pandemic. 
Award Information: OPE expects to award 12 individual development grants ranging in $250,000 to $300,000 per year for a five-year period.  Four cooperative arrangement development grants are expected to be awarded ranging in $350,000 to $400,000 per year for a five-year period.  Applicants may submit an application for both grant opportunities and can be awarded for both in the same FY. 

Eligibility: Interested Institutions of Higher Education (IHEs) must certify that their total undergraduate population includes at least 10 percent enrollment of Asian American or Native American Pacific Islander students.  Further qualifications for the AANAPISI Program can be found in the full solicitation notice. 

Due Dates: Applications are available and should be submitted no later than June 28, 2021.   

Additional Sources and Information: 
ED Issues NIA for FY 21 SIP 
The Department of Education’s (ED) Office of Postsecondary Education (OPE) issued a notice inviting applications (NIA) for the fiscal year (FY) 2021 Strengthening Institutions Program (SIP).   The SIP supports the expansion of institutions of higher education’s (IHEs) capacity to serve low-income students.  Applicants may address one or both of the competitive preference priorities listed below.  
  • Competitive Preference Priority 1 (up to 5 points): “Tutoring, Counseling, and Student Service Programs.”  This priority aims to support projects designed to provide tutoring, counseling, and student service programs.
  • Competitive Preference Priority 2 (up to 3 points): “Fostering Flexible and Affordable Paths to Obtaining Knowledge and Skills.”  This priority aims to support work-based learning experiences that align with in-demand industry sectors or occupations. 
Award Information: OPE expects to award 28 individual development grants ranging in $400,000 to $450,000 per year for up to a period of 60 months.  Ten cooperative arrangement development grants are expected to be awarded ranging in $500,000 to $550,000 per year for up to a period of 60 months.  Applicants may submit an application for both grant opportunities and may be awarded for both in the same FY. 

Eligibility: Only institutions that ED determines are eligible may apply for a grant in this program.  Further qualifications for SIP can be found in the full solicitation notice. 

Due Dates: Applications for the program are now available and should be submitted no later than July 13, 2021

Additional Sources and Information: 
ED Minority Science and Engineering Improvement Program 
The Office of Postsecondary Education (OPE) within the Department of Education (ED) has issued a notice inviting applications (NIA) for the Minority Science and Engineering Improvement Program (MSEIP).  The purpose of MSEIP is to increase the participation of underrepresented minority groups, specifically minority women, through the improvement of science and engineering education at minority institutions (MIs).  OPE is prioritizing proposals that focus on “Building Capacity for Remote Learning”, projects may address one or both of the following priority areas: 
  1. “Adopting and supporting models that leverage technology and provide high-quality digital learning content, applications, and tools. 
  2. Providing personalized and job-embedded professional learning to build the capacity of educators to create remote learning experiences that advance student engagement and learning through effective use of technology.” 
OPE is estimating to award a total of 13 grants in each of the following categories: institutional project grants (10), special project grants (2), and cooperative project grants (1).  The total estimated funding amount available is $3,021,891 to be distributed among the multiple awards for a period of performance of no more than 36 months.  The eligibility of an applicant is determined on the type of MSEIP grant the applicant seeks but is open to primarily MIs, which is defined as an Institution of Higher Education with a population of minority students that exceeds fifty percent.  ED will hold a webinar for prospective applicants prior to proposals being due.  More information for the upcoming webinar can be found here.  Interested applicants should submit proposals no later than July 6, 2021.  More details regarding funding award amount and eligibility can be found in the full NIA on www.federalregister.gov under document number “2021-10742” or here.

NSF Releases Dear Colleague Letter Regarding STEM Settings for Pre-Service Teachers  
The National Science Foundation (NSF) released a Dear Colleague Letter to highlight the Robert Noyce Teacher Scholarship (Noyce) program.  The program seeks projects that address the need to recruit, prepare, and retain pre-service teachers enrolled in science, technology, engineering, and mathematics (STEM) undergraduate majors and degree programs who will work in high-need school districts.  The program consists of four tracks and a separate opportunity:  
  • Track 1: The Robert Noyce Teacher Scholarships and Stipends (S&S) Track; 
  • Track 2: The NSF Teaching Fellowships (TF) Track; 
  • Track 3: The NSF Master Teaching Fellowships (MTF) Track; 
  • Track 4: The Noyce Research Track. 
  • Capacity Building  
Details on project features, partners, and funding and duration for each track and the capacity building opportunity can be found in the full program announcement.  One or more Institutions of Higher Education (IHEs) located within the United States offering a teacher education or residency program are eligible to apply for all submissions.  There is no limitation on the number of proposals each organization can submit but each proposal must address only one track.  Cost sharing is only required for Tracks 2 and 3.  For fiscal year (FY) 2021, full proposals are due no later than August 31, 2021 at 5:00 PM local submitter’s time.   

Additional Sources and Information:

FACTS AND FIGURES: Third Way: Percent of Tuition and Fees at Public Four-Year Colleges Covered by Doubling the Maximum Pell Grant 

Source: https://www.thirdway.org/memo/how-doubling-the-pell-grant-could-be-a-down-payment-on-free-college 
WHAT WE'RE READING

Equitable Value: Promoting Economic Mobility and Social Justice through Postsecondary Education
  
“Economic opportunity and mobility in the United States are extremely difficult to attain today without a postsecondary education. Indeed, nearly two-thirds of individuals born into the lowest income quintile who attend college reach the middle class or above… Postsecondary institutions can widen their doors to a more diverse array of students, remove structural barriers to completion, minimize student debt, and streamline pathways into the workforce. Furthermore, as educators of future employers and managers, policymakers, judges, teachers, police officers, doctors and nurses, community leaders and more, institutions can educate their graduates—especially their White graduates—to enter the workforce prepared to combat racial and socioeconomic injustices in their everyday work.” 

Source: Postsecondary Value Commission. (2021a). Equitable value: Promoting economic mobility and social justice through postsecondary education.
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