Federal Updates
U.S. Department of Education

March 4, 2020 – The Department published for comment a BDR Claim Universal Form further to the Direct Loan Program regulations issued under the Higher Education Act of 1965, as amended (HEA). The draft form includes elements that the Department proposing be included on a revised Application for Borrower Defense to Loan Repayment form (Universal Borrower Defense Application). This revised form will be based on the current Universal Borrower Defense Application, OMB control number 1845-0146, and will facilitate processing claims from all borrowers who believe that they have a valid borrower defense claim. Deadline for comment is May 4, 2020.

 

The Department published a notice in the Federal Register providing information to members of the public on submitting written comments for accrediting agencies currently undergoing review for purposes of recognition by the U.S. Secretary of Education. The notice includes a list of agencies currently undergoing review and evaluation by the Department's Office of Postsecondary Education Accreditation Group, including each agency's current scope of recognition, which are scheduled to appear at the Summer 2020 meeting of NACIQI, for which dates have not yet been determined.

 

March 5, 2020 – The Department released an Coronovirus Guidance addressing concerns expressed by higher education leaders regarding how they should comply with Title IV, Higher Education Act (HEA) policies for students whose activities are impacted by Coronavirus (COVID-19), either directly because the student is ill or quarantined, or indirectly because the student was recalled from travel-abroad experiences, can no longer participate in internships or clinical rotations, or attends a campus that temporarily suspended operations. This information provides flexibilities for schools that are working to help students complete the term in which they are currently enrolled.

 

U.S. Department of Veterans Affairs

 

March 9, 2020 – The Department of Veterans Affairs on Monday moved to suspend GI Bill funding for new student veterans at five universities with locations across 20 states, citing “sufficient evidence” of false or misleading advertising or enrollment practices at each of the schools. VA officials plan to suspend the payment of GI Bill education benefits for the enrollment of new students at the University of Phoenix, two schools owned by Career Education Corporation — Colorado Technical University and American InterContinental University — as well as Bellevue University based in Bellevue, Neb., and Temple University in Philadelphia. The colleges will have 60 days to challenge the decision.

 

U.S. Congress – Newly Introduced Legislation of Note

 

H.R.6134 – To amend the Higher Education Act of 1965 to provide for interest-free deferment on student loans for borrowers serving in a veterinary internship or residency program.

a.       Status: Referred to House Committee on Education and Labor, 3/9/20
b.       Sponsor: Rep. Kurt Schrader (D-OR) 1 Cosponsor

 

H.R.6087 – To amend the Higher Education Act of 1965 to create a reduction schedule for public service loan forgiveness, and for other purposes.

a.       Status: Referred to House Committee on Education and Labor, 3/4/20
b.       Sponsor: Rep. Daniel Lipinski (D-IL) 0 Cosponsors

 

S.3410 – A bill to amend the Higher Education Act of 1965 to improve access to postsecondary instructional materials for students with print disabilities.

a.       Status: Referred to Senate HELP Committee, 3/5/20
b.       Sponsor: Sen. Bill Cassidy (R-LA) 1 Cosponsor

 

State Update

Florida House Passes Hour Reduction Bill

 

The second week of March finds the legislatures in Florida, Indiana, Utah and Washington in the last week of their respective 2020 legislative sessions.  Additionally, there are “crossover” deadlines in Georgia and Oklahoma on Thursday by which a bill needs to be passed by its chamber of origin to remain viable.  During this critical period, AACS keep you apprised of the latest state legislative developments of interest to member schools.   

 

Florida’s House of Representatives voted 88 to 25 Monday to pass an occupational licensure reform bill that would reduce the course of instruction for barbering from 1,200 to 900 hours.  As previously reported, HB 1193 allow for early licensure testing of barbers at 600 hours; reduces the hours for specialist licensure; provide for 1-to-1 licensure reciprocity of barbers and cosmetologists; deregulate hair braiding, hair wrapping, body wrapping, the application of polish to fingernails and toenails, and makeup application, and; reduce the biennial CEU requirement for licensure renewal from 16 to 10 hours.  The bill has been received in the Senate where the Innovation, Industry, and Technology Committee will be the first of three standing committees to consider the bill.  

 

A bipartisian Minnesota bill that would deregulate hairstyling and makeup services was reported from the Senate State Government Finance and Policy and Elections Committee on Monday.  SF 2898 is currently in the Senate Finance Committee.  

 

Rhode Island’s House Corporations Committee recommended last week that H7484 be retained in the Committee for further study.  As previously reported, the bill 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 California Joint Sunset Committee reviewing the State Board of Barbering and Cosmetology will be conducting a hearing on cosmetology and barbering education on Monday, March 16, 2020.  As AACS previously reported to California schools, Senator Steve Glazer – the Sunset Committee's lead co-chair – is seemingly focused on reducing the course of instruction for cosmetology from 1,600 hours and doing away with the Practical Exam.  School officials are encouraged to attend Monday’s hearing in Sacramento and will be able to offer one-minute remarks to the Committee.

 

In Georgia, the Senate Regulated Industries and Utilities Committee favorably reported a substitute to SB 379.  This bill makes mostly technical changes to the state’s barbering and cosmetology Act.  For schools, it would allow “master cosmetologist instructors” and “master barber instructors” to crossover after completing a 300-hour course at a barbering school (for cosmetology instructors) or a cosmetology school (for master barber instructors).  The bill headed to the Senate floor also specifies the training and licensure requirements for hair designer and barber II instructors.

 

Finally, Mississippi’s Senate voted unanimously last week to extend the repealer of the State Board of Barber Examiners one year until July 1, 2021.   SB 2307 has been transmitted to the House.

 

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 Legislative Hearings

 

March 18, 2020 at 10 a.m. (PDT) – California Joint Sunset Committee Hearing on cosmetology and barbering education
See above for additional information.

 

March 19, 2020 – Maryland House Appropriations Committee Hearing on SB 294
The bill would require for-profit colleges and trade schools, including cosmetology schools, to derive at least 10% of their revenue “from a source other than federal funds.”  Beginning in FY 2023, schools would be prohibited from enrolling new Maryland residents if they fail the state’s 90/10 rule for two consecutive years or two of their three preceding fiscal years.