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Federal Updates
U.S. Department of Education
February 4, 2020 – Beginning on February 9, 2020, the Department will be retiring the FSAdownload website and posting software and user documentation on the IFAP website instead. The Department will incorporate Financial Partners Portal into the IFAP website as well.
February 10, 2020 – The President released his budget request for the U.S. Department of Education for the 2021 fiscal year, which attempts to prioritize improving student achievement, reduce the outsized Federal role in education, and return control over education decisions to whom it belongs – State and local leaders, teachers, parents, and students. “This budget proposal is about one thing – putting students and their needs above all else,” said Secretary DeVos. “That starts with creating Education Freedom Scholarships and helping 1 million more students find the best educational fit for them. We know education freedom helps students succeed, and it's long past time for Congress to act to give students and their families more choices and more control.” Highlights from the President's FY 2021 Budget Request include the following:
Increasing Career and Technical Education Opportunities for Students
· The FY 2021 budget request dramatically increases funding for Career and Technical Education (CTE) programs by $900 million.
Transforming Federal Student Aid to Better Serve Students
· This budget request proposes continued modernization of all aspects of FSA in order to better serve its customers, including a call for an evaluation of FSA as a separate organization, with reformed governance;
· The budget also proposes to simplify the Federal student loan programs and student loan repayment by reducing the numerous and complicated loan types, establishing reasonable annual and lifetime limits on those loans, providing higher education institutions more flexibility to help students avoid overborrowing, and streamlining income-based repayment plans
U.S. Congress – Newly Introduced Legislation of Note
H.R.5810 – To amend the Higher Education Act of 1965 to improve the American History for Freedom grant program.
a. Status: Referred to House Committee on Education and Labor, 2/7/20
b. Sponsor: Rep. Earl Blumenauer (D-OR) 5 Cosponsors
H.R.5784 – Supporting Minority STEM Student to Career Act
a. Summary: To amend the Higher Education Act of 1965 to improve programs for minority students in STEM fields, and for other purposes.
b. Status: Referred to House Committee on Education and Labor, 2/6/20
c. Sponsor: Rep. Marcia Fudge (D-OH) 1 Cosponsor
H.R.5768 – Accreditation Reform Act of 2020
a. Summary: To amend the Higher Education Act of 1965 to protect students and taxpayers by modernizing evaluation and increasing transparency in the accreditation system, and for other purposes.
b. Status: Referred to House Committee on Education and Labor, 2/6/20
c. Sponsor: Rep. Lori Trahan (D-MA) 2 Cosponsors
H.R.5759 – Gateway to Careers Act of 2020
a. Summary: To establish a career pathway grant program.
b. Status: Referred to House Committee on Education and Labor, 2/5/20
c. Sponsor: Rep. Alma Adams (D-NC) 2 Cosponsors
State Update
Virginia’s General Assembly Debates Hour Reduction Bills
The current week finds 39 state legislatures actively meeting – including Minnesota and Wyoming which commenced their 2020 legislative sessions this week. It also contains several important deadlines, including a February 11 “crossover” deadline in Virginia by which a bill needs to be passed by its chamber of origin to remain viable. Additionally, the following legislative chambers have bill introduction deadlines this week: Arizona House; Idaho House and Senate; Illinois House and Senate; Kansas House and Senate; West Virginia House, and; the Wyoming House and Senate. During this critical period, AACS will keep you apprised of the latest state legislative developments of interest to member schools.
Virginia’s Senate passed SB 915 by a vote of 25 to 15 on Tuesday. Last week, the Senate General Laws and Technology Committee in Virginia reported a committee substitute to SB 915 by a vote of 8 to 7. As currently drafted, the bill would prohibit the Commonwealth’s Board for Barbers and Cosmetology from requiring more than 1,200 hours of instruction “in the field for which an applicant for a license to practice.” Virginia currently requires a 1,500-hour course of instruction for cosmetology licensure. The substitute would also require licensed cosmetologists to complete at least four hour of continuing education every two years.
In Virginia’s House of Delegates, the Professions/Occupations and Administrative Process Subcommittee failed to report HB 514 with a deadlocked 4 to 4 vote. As initially drafted, the bill would reduce the course of instruction for cosmetology and barbering to a maximum of 1,000 hours. An amendment to align HB 514 with the SB 915 committee substitute was filed before the House Subcommittee hearing.
At the same hearing, the Professions/Occupations and Administrative Process Subcommittee voted 7 to 1 to recommend reporting HB 994, which proposed establishing a hair-only license in Virginia. Shortly thereafter, the full House General Laws Committee voted 7 to 14 to kill the bill.
An hour reduction bill was filed in Rhode Island last week. H7484 would reduce the course of instruction for a hairdresser's and cosmetician's license from 1,200 to 600 hours. It also contains hour reductions for barbering (from 1,500 to 600 hours), manicuring (from 300 to 200 hours), and esthetics (from 600 to 300 hours). The measure, which currently has five sponsors, has been referred to the House Corporations Committee.
Rhode Island’s House Health, Education and Welfare (HEW) Committee conducted a hearing on H7112 and H7231 last week. As previously reported, H 7112 would repeal the current requirement that licensed beauty industry professions be “of good moral character,” and either a citizen of the of the United States or legally permitted to be in the country. The measure would also eliminate shop licensure fees. H 7231 adds the application of eyelash extensions and the use of chemicals in the area of the eyelids to scope of practice of “hairdressing and cosmetic therapy.” Both bills were retained in the HEW Committee for further study.
A Michigan bill to deregulate barbering was introduced last week and referred to the House Regulatory Reform Committee. HB 5438 currently has three sponsors -- two Republicans and Democratic Representative Cynthia Johnson from Detroit. A companion bill – HB 5439 – was filed to strike barbering licensure fees.
In Arizona, a bill to merge the state’s barbering and cosmetology boards was introduced last week. HB 2740 would also: reduce the course of instruction for barbering from 1,500 to 1,000 hours; establish a new 1,300 hour combined barber and hairstylist license; allow for pre-graduation testing; provide for out-of-state licensed professionals to provide services for up to two weeks to “persons who are attending an athletic, charitable, artistic or social event” in Arizona, and; correct a statutory oversight by allowing hairstylists to remove superfluous hair from the neck. Of interest to schools, the bill would allow students to provide off-campus services at a school sponsored event and permit schools to offer “similar” programs – for example, massage therapy – not regulated by the state’s cosmetology board. Finally, the measure contains provisions allowing a “laser safety officer” – defined by rule – to directly supervise an aesthetician or cosmetologist certified as a laser technician.
Finally, South Dakota SB 10 and SB 23 are on their way to Governor Kristi Noem (R) after being passed unanimously by both legislative chambers. As previously reported, SB 10 would require the state’s Cosmetology Commission to “allow credit for general coursework in areas not specific to the practice of cosmetology, nail technology, or esthetics, that is completed in other programs or institutions, to be applied to any course of study required for licensure.” SB 23 would repeal the high school graduation or equivalent requirement for professions under the state’s Cosmetology Commission.
The text of the bills listed in this report can be found in AACS’ Bill Tracking Portal.
Please do not hesitate to contact Brian Newman at bnewman@abingdonstrategies.com or by phone at 202-491-5254 with comments or questions.
Upcoming State Hearings/Meetings
February 18, 2020 at 1:00 p.m. – Maryland House Appropriations Committee Hearing on HB 469 and HB 470
HB 469 would require for-profit institutions that “disorderly close” to provide “all essential records of the academic achievement” of former students to the Maryland Higher Education Commission. The penalty for failing to remit these records is a full refund of all tuition and fees paid by students without records appropriately filed. Schools can avoid falling under the “disorderly closure” definition by entering into at least one “school-to-school” teach-out agreement.
HB 470 would require each for-profit college or private career school to spend at least 50 percent of its tuition-revenue on “instructional spending” as defined by the federal Integrated Postsecondary Education Data System. Institutions who fail to meet this threshold may not charge Maryland residents “an amount of tuition, fees, or other institutional charges in excess of two times the amount spent per student on instructional spending in the immediately preceding academic year; and shall provide a refund to each Maryland student who attended the institution during the immediately preceding academic year equal to the amount of tuition charged to the Maryland student in excess of the instructional spending per student amount multiplied by two.”
Additional State Bill Introductions
Kansas SB 365
This bill contains amendments to the state’s barbering Act. It would add a provision stating that “no student shall receive compensation, directly or indirectly, for services rendered by such student in any barber school or college.” It would also require barber schools or colleges to “maintain and preserve all records of students who enroll in such school or college in accordance with rules and regulations adopted by the board.”
Kentucky SB 129
The bill would include waxing in the definition of cosmetology and establish a 175-hour wax technician license. The bill also eliminates the minimum age and high school graduation requirement for “blow drying services” licensure. It however retains the 450-hour course of instruction for blow drying services licensure.
Maryland HB 1041
The bill would allow master barbers to supervise up to 3 apprentices at the same time. Under current law, a barbershop may not employ more than one apprentice barber for each master barber employed.
Mississippi MS HB 527
This bill would deregulate threading and eyelash extension application by removing them from the state’s definition of "cosmetology" and "esthetics.”
New Jersey S1197
According to the official statement, “this bill requires any person who holds a license to practice cosmetology and hairstyling, barbering, beauty culture, manicuring, hair braiding, or skin care specialty to complete one hour of domestic violence sensitivity and response training prior to the completion of a course of instruction, vocational program, or other approved program in cosmetology and hairstyling. The bill requires the New Jersey State Board of Cosmetology and Hairstyling to establish criteria and standards for domestic violence sensitivity and response training for practicing licensees. The training is required to include, but shall not be limited to, information concerning recognizing the signs of abuse and assault and the resources available to victims of domestic violence. The bill requires the board to issue regulations regarding the additional requirements for, and the approval of providers of, domestic violence sensitivity and response training.”
