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October 1, 2021 — Lewis-Burke Associates LLC
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In what may be one of the most chaotic falls in DC memory, Congress is currently juggling multiple trillion-dollar spending packages, a close call of a government shutdown, and the potential for the U.S. Treasury to exhaust its ability to borrow as soon as late October. The impacts of these issues on education and workforce policy range from funding for student aid programs being held at fiscal year (FY) 2021 levels until Congress can agree on FY 2022 funding levels to the chance that the proposed $80 billion for workforce development in the House’s Build Back Better reconciliation package will be reduced or outright eliminated.
For FY 2022 appropriations, the potential for increased funding for Pell Grants, the Education Innovation and Research (EIR) program, the TRIO Programs, and other education and workforce programs is not likely to be resolved until December, with the Senate version of funding bills potentially being released in early October. The Build Back Better reconciliation package, which could pass with just Democratic votes, is currently being held up by tensions within the Democratic party over its current $3.5 trillion price tag. The House version of the proposal would support a $500 increase to the maximum Pell Grant award, make $1.4 billion available for investments in HBCUs, TCUs, and MSIs, and provide $5 billion to support registered apprenticeships at the Department of Labor (DOL). Funding levels for these and other priorities are likely to be reduced or eliminated once progressive and moderate Democrats can agree on a top-line number. More information on the House Build Back Better reconciliation proposal is available here and below.
James Kvaal was confirmed by the Senate to be the Under Secretary of Education at the U.S. Department of Education (ED). Upon the confirmation, U.S. Secretary of Education Miguel Cardona noted, “With this confirmation, the Biden Administration and the American people gain a dedicated and distinguished public servant with strong expertise in higher education who will always put students first.” In Hispanic-Serving Institution (HSI) news, Senators Alex Padilla (D-CA) and Bob Menendez (D-N.J.), announced the creation of the first-ever Hispanic-Serving Institutions Senate Caucus. The caucus is supported by the Hispanic Association of Colleges and Universities (HACU), which noted, “Under the leadership of the co-chairs, other members of the Senate will be invited to join the Caucus, particularly those whose districts are home to HSIs or emerging HSIs.”
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CONGRESSIONAL UPDATES AND NEWS
House Reconciliation Package Proposes Major Investments in Education and Workforce Programs
During the month of September, 13 committees in the U.S. House of Representatives advanced spending bills on party-line votes to form the Build Back Better reconciliation package. This reconciliation bill would codify many of the policy priorities outlined in President Biden’s American Families Plan into law and includes major investments in education and workforce development programs. Highlights from the House Education and Labor portion of the package, in addition to those highlighted above in the View from Washington, include:
- Expansion of federal student aid eligibility to Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) students for award years beginning in 2022-2023 through 2029-2030;
- Grants to state or Tribal universities to support a tuition free community college program;
- Funding for tuition assistance for students HBCUs, TCUs, and MSIs;
- $197 billion for grants to increase teacher diversity and address teacher shortages in high need subjects and areas through Partnership Grants for the Establishment of ‘Grow Your Own’ Programs;
- $198 million each for teacher residency, the development of school leadership programs, and the Augustus F. Hawkins Centers of Excellence Program; and
- $10 billion to support Industry or Sector Partnership grants to grow partnerships to expand employment in high-skill and in-demand sectors; and $9 billion for the WIOA Youth Workforce Investment Program, including funding to support paid work experiences.
Additional materials related to the House Education and Labor mark-up of their reconciliation bill, including the bill text and list of accepted amendments, are available here.
House Reconciliation Package’s Tax and Finance Impacts for Students, Institutions, and Health Workforce
After a marathon markup in mid-September, the House Ways and Means Committee approved their section of the reconciliation package, the Build Back Better Act. The Ways and Means portion of the package addresses a variety of issues of interest to educational organizations and large employers. On taxes, the bill makes permanent the earned income tax credit and child and dependent care tax credit, while reforming the internal revenue code by increasing taxes on high income households and corporations, raising over $2 trillion. It also creates a new benefit providing all workers 12 weeks of paid family and medical leave.
The bill includes several provisions that impact institutions of higher education and students. These include:
- Beginning 2022, excluding the full value of Pell Grant awards from gross income;
- Repealing the prohibition excluding students convicted of a state or felony drug offense from claiming the American Opportunity Tax Credit;
- Beginning in 2022, a phase out for an institution’s endowment investment income excise tax liability based on financial aid provided by the institution;
- Reinstating Build America Bonds and advanced refunding bonds;
- Creating a public university research infrastructure credit;
- Providing institutions of higher education a tax credit to establish an environmental justice program that is designed to address or improve data about environmental stressors, such as toxic pollutants, for the purpose of improving the health and economic outcomes of individuals residing in low-income areas; and
- Provides for a reauthorization and expansion of the Health Profession Opportunity Grant program, which expires on September 30, 2021. The program supports the training of allied health professionals, such as nursing assistants, physician assistants, x-ray technicians, and others. The program targets the funding to train low-income individuals looking for a career in health care.
Similar to the Education and Labor bill, next steps include combining the bill with other spending bills passed by other House committees into a wider budget reconciliation package that will be considered later this fall. As mentioned above, the outlook for reconciliation is still uncertain in the Senate and these provisions are likely to be modified in a final package.
House Rules Committee Holds Roundtable to Discuss Food Insecurity on College Campuses
House Rules Committee Chairman James McGovern (D-MA) hosted a roundtable to “Examine Hunger on College Campuses,” featuring witnesses from academia and non-profits. In the Chairman’s opening statement, he shared the statistic that as many as 59% of students experience food insecurity during their college careers. Most of the students facing food insecurity are minorities, those receiving Pell Grants, parents, students over the age of 25, or post-incarcerated students.
The COVID-19 pandemic is believed to have exacerbated this issue, leading multiple Members of Congress to introduce legislation to combat student food insecurity. Congresswoman Jahana Hayes (D-CT) has two pieces of legislation that would address food insecurity: the Student Food Security Act of 2021, which would expand the Supplemental Nutrition Assistance Program (SNAP) eligibility to students, and the Closing the College Hunger Gap Act of 2021, which would require the Department of Education (ED) to collect data on food and housing insecurity of college students. During the roundtable, witnesses explained the importance of passing Congresswoman Hayes’s bills or the similar bill EATS Act of 2021 sponsored by Senator Kirsten Gillibrand (D-NY). The EATS Act of 2021 also focuses on expanding the eligibility for SNAP benefits. Other issues highlighted during the roundtable included the concern regarding the financial information of a student who receives free lunch in high school not being transferred over to their new post-secondary institution, direct support for Minority Serving Institutions (MSIs), Historic Black Colleges and Universities (HBCUs), and community colleges, and preventing a further crisis through actions such as doubling the Pell Grant.
Chairman McGovern noted that student food insecurity is a bipartisan issue that all Members of his committee are committed to finding a solution for. The Chairman held another roundtable the next week to discuss the roles schools have to play in addressing hunger in America, which featured witnesses from multiple non-profit organizations. The discussion regarding student food insecurity is expected to continue as Members of the committee push for the legislation previously mentioned to be heard in their respective committees.
Legislative Bills of Note
- S.2755 (Senator Martin Heinrich, D-NM)- College Completion Fund Act of 2021. This legislation would authorize the Department of Education (ED) to distribute $62 million over the next 10 years to states to invest in strategies that help college students stay engaged in their education and complete their degrees. The full press release from Senator Heinrich can be found here.
- H.R.5288 (Rep. Mary Gay Scanlon, D-PA)- Teaching Engaged Citizenship Act of 2021. This legislation would direct the Secretary of Education to establish and authorize $400 million for a Civic Education and Service Learning Grant Program. The full press release from Rep. Scanlon can be found here.
- H.R.5252 (Rep. Harder, D-CA)- Connecting Students to Great Jobs Act. This legislation would expand Pell grant eligibility to students pursuing short-term certificates in programs such as water, agriculture, and other targeted local industries. The full press release from Rep. Harder can be found here.
- H.R.5242 (Rep. Trahan, D-MA)- STRONG Act of 2021. This legislation would expand eligibility for undergraduates and graduate students with teaching and teaching-related majors to move into Teacher Residency programs. The full press release from Rep. Trahan can be found here.
- H.R.5103 (Rep. Wilson, D-FL)- Quality Higher Education Act of 2021. This legislation improves the accreditation system to make certain that colleges are preparing students for the workforce with meaningful degrees. The full press release from Rep. Wilson can be found here.
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ADMINISTRATION AND AGENCY UPDATES AND NEWS
DOL Apprenticeship Advisory Committee Announced
The U.S. Department of Labor announced the appointments of 29 members to serve on the Advisory Committee on Apprenticeship. The committee exists to provide advice and recommendations on issues related to Registered Apprenticeships (RA). A press release announcing the appointments noted that an aim of the committee is to, “foster increased alignment between apprenticeship opportunities and workforce and education systems.” Representatives from the U.S. Departments of Commerce, Education, Energy, Transportation, Housing and Urban Development, and Health and Human Services serve as ex officio members. The first meeting of the Committee is scheduled for October 6.
Department of Education Releases Full Climate Adaption Plan
The U.S. Department of Education (ED) released its full Climate Adaption Plan (CAP) as part of the Biden Administration’s broader climate action initiatives. Prior to the release of the plan, ED held five public listening sessions that covered a wide range of topics, under the umbrella of climate action, to foster and exchange ideas for federal climate leadership opportunities. The new CAP recognizes that there is a need for comprehensive and urgent action regarding climate change at the agency. Additionally, the CAP takes into consideration how ED programs, guidance, policies, technical assistance, data collection, and civil rights can enhance students’ environmental literacy and increase climate resiliency. The plan is broad in scope as it analyzes all the available options for ED to prioritize safe, healthy, and sustainable school environments and sustainable learning. The goals presented in the CAP for ED are:
- “Execute and adapts its mission and operations securely, effectively, and efficiently as the climate continues to change;
- Exhibit leadership in the areas of climate adaptation planning;
- Advance educational equity and justice in the context of climate adaptation; and
- Comply with E.O. 14008, which directs agencies to take action to address the climate crisis at home and abroad."
Biden Administration Focuses on HSIs and HBCUs in September
During the month of September, the Biden Administration celebrated the 2021 National Historically Black Colleges and Universities (HBCUs) Week and the 2021 National Hispanic-Serving Institutions (HSIs) Week. The President signed an Executive Order (EO) on White House Initiative on Advancing Educational Equity, Excellence, and Economic Opportunity through Historically Black Colleges and Universities emphasizing the federal government’s commitment to address the systemic barriers and challenges faced by Black Americans, in part through the continued growth of our HBCUs. The EO also established the White House Initiative on Advancing Educational Equity, Excellence, and Economic Opportunity through HBCUs, which Dr. Tony Allen, President of Delaware State University, is expected to be appointed by President Biden to Chair.
Similarly, the President signed the Executive Order on White House Initiative on Advancing Educational Equity, Excellence, and Economic Opportunity for Hispanics, which focuses on the continued growth of the Hispanic community through an increase of resources and opportunities at Hispanic Serving Institutions (HSIs). It also created the White House Initiative on Advancing Educational Equity, Excellence, and Economic Opportunity for Hispanics, which the President has yet to announce a Chair for. Both Initiatives will have a board of 21 members. The Administration is currently reviewing recommendations for possible board members.
DHS Opens Comment Period on DACA Notice of Proposed Rulemaking
On September 28, 2021, the U.S. Department of Homeland Security (DHS) published a notice of proposed rulemaking (NPRM) to preserve the Deferred Action for Childhood Arrivals (DACA) program. The NPRM was published in response to President Biden’s “Preserving and Fortifying Deferred Action for Childhood Arrivals (DACA)” memorandum and emphasizes the opinion of DHS that DACA recipients should not be prioritized for removal from the United States. The NPRM hopes to fortify DACA after a federal court in Texas ruled it to be unlawful and suspended the ability for DHS to process new DACA applications in July 2021.
Within the NPRM, DHS does not expand DACA and largely reflects the guidelines defined by former Secretary of Homeland Security Janet Napolitano when the program was established in 2012. The most notable change is the separation of work authorization and deportation protection under DACA. The proposed rule would decouple the process of applying for deportation protections under DACA and work authorization in response to Judge’s Hanen’s ruling, which indicated it was unlawful to apply work authorization to DACA recipients. Under the proposed rule, DACA applicants would need to apply for work authorization separately.
Through engaging in negotiated rulemaking, the Biden Administration hopes to counter the main pillar of Judge Andrew Hanen’s July 2021 ruling that the DACA program is unlawful because the Obama Administration violated the Administrative Procedures Act when it created DACA. DHS has opened a 60-day comment period for the public to submit comments regarding the proposed rule. After the comment period closes, the agency will consider all submitted comments and issue a final rule. Written comments must be submitted on or before November 29, 2021.
Further details, including instructions for submitting public comments, are available in Lewis- Burke’s analysis of the NPRM.
ED Kicks Off Student Loan Negotiated Rulemaking Committee
In August, the U.S. Department of Education (ED) announced its intention to establish a negotiated rulemaking committee to prepare proposed regulations for student aid programs under Title IV of the Higher Education Act (HEA). ED requested nominations for individual negotiators to serve on the Affordability and Student Loans Committee who represent stakeholder constituencies. ED also announced the creation of a Prison Education Program Subcommittee, which will consider proposed regulations to implement Pell Grant eligibility for incarcerated individuals and requested nominations for individuals with relevant expertise to participate on the subcommittee. The Affordability and Student Loans Committee will meet for three sessions:
- Session 1: October 4-8, 2021
- Session 2: November 1-5, 2021
- Session 3: December 6-10, 2021
While negotiators have not been officially released, ED has released the materials that will be distributed to the negotiators prior to the first session. More information on the rulemaking topics, materials, and registration information to watch the sessions, can be found here.
Open Funding Opportunities
ED to Award $1.98 Million for National Center for Information and Technical Support for Postsecondary Students with Disabilities Program
The Office of Postsecondary Education (OPE) within the U.S. Department of Education (ED) issued a notice inviting applications (NIA) for the National Center for Information and Technical Support for Postsecondary Students with Disabilities Program. The program will focus on providing students with disabilities that are transitioning into postsecondary education with the assistance and practices needed for success. Interested applicants must demonstrate that they have the capacity to improve recruitment, retention, and completion rates of students with disabilities by displaying the following:
- Assistance to students and families
- Information on assistance, student mentoring, and recruitment and transition programs.
- Assistance to institutions of higher education
- Best practices and training modules
- Information collection and Dissemination
- A database/website that includes disability documentation requirements; support services available; links to financial aid; etc.
- Disability support services
- Review and report
- Staffing of the Center
Any institution of higher education (IHE), a non-profit, or a partnership of two or more IHEs that can demonstrate expertise in supporting students with disabilities are eligible to apply. There will be only one winner of the grant, and the expected award size is $1.98 million for a period of performance of no more than 48 months. There is no cost share requirement and applications are due no later than October 22, 2021. More information can be found in the full NIA announcement on www.grants.gov under funding opportunity number “ED-GRANTS-092221-001” or here.
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FACTS AND FIGURES: National Center for Education Statistics: Back to School by the Numbers: 2021–22 School Year
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WHAT WE'RE READING
Data Matters: Drawing Insights from Higher Education Emergency Relief Fund (HEERF) Reporting for 2020
“Institutions reported that 8.1 million students—amounting to 54% of all eligible students at the institutions that received HEERF grants—received emergency financial aid grant support in 2020 through HEERF. From the student portion of HEERF in 2020, institutions awarded $6.1 billion in emergency financial aid grants, or more than $750 per student recipient. About two-thirds (65%) of HEERF emergency financial aid grant student recipients attended public institutions. Overall, of the emergency grant recipients awarded via HEERF’s student portion, 94% were undergraduates and 6% were graduate students. Among those undergraduates who received HEERF aid, more than 4.5 million (61%) were Pell Grant recipients.” Additional information and details of the data can be found here.
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