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Federal Legislative Weekly Update
U.S. Department of Education
July 21, 2020 – Both parties in Congress agree that billions in new funding are needed to stabilize and support K-12 and postsecondary institutions under the stimulus package in the works. But the parties disagree on the conditions for use of such funding. A Senate Republican proposal is expected to be released this week. Senate Majority Leader Mitch McConnell said that Republicans will include $105 billion as part of the economic stimulus bill they plan to roll out to ensure "educators have the resources they need to safely reopen." The majority leader said the bill includes even more education funding than the House Democrat led bill passed in May, the HEROES Act, H.R. 6800 (116). Democratic leaders say the Republican offer is dead, however, if those dollars are tied to President Donald Trump's demands that schools reopen for in-person instruction this fall.
On June 23, 2020, the Office of Career, Technical, and Adult Education published in the Federal Register a notice inviting applications (NIA) for new awards for fiscal year (FY) 2020 for the ESF-RWP Grants Program, Catalog of Federal Domestic Assistance (CFDA) number 84.425G. The Department is correcting the information regarding eligible entities for the ESF-RWP grant program to indicate that the applicant must be either a State Workforce Board that is a State agency or entity with the authority to apply for, receive, and administer ESF-RWP funds; or a State agency or entity that is designated by the State Workforce Board to apply for, receive, and administer ESF-RWP funds. All other information in the NIA, including the August 24, 2020, deadline for transmittal of applications, remains the same.
July 20, 2020 – House appropriators unveiled the details of a $1.4 trillion spending package it expects to pass next week. The massive minibus, H.R. 7617 (116), combines seven separate spending bills: Defense, Commerce-Justice-Science, Energy-Water, Financial Services, Homeland Security, Labor-HHS-Education, and Transportation-HUD. The House is now on track to clear almost all of its fiscal 2021 measures by the end of the month, ultimately punting on the funding bill for the Legislative Branch.
The Department has announced the availability of Volume 1 – Student Eligibility of the 2020-2021 Federal Student Aid Handbook. The Federal Student Aid Handbook consists of the Application and Verification Guide, six numbered volumes, and appendices. Each volume and appendix is posted on the Information for Financial Aid Professionals (IFAP) Web site. To access Volume 1 – Student Eligibility of the 2020-2021 Federal Student Aid Handbook, click here. To access the 2020-2021 Federal Student Aid Handbook, click here.
July 17, 2020 – Former Vice President Joe Biden unveiled a five-step roadmap for how his administration would help schools reopen. The plan leans on local decision-making, and wearing masks and also asks for more money for schools. The Biden campaign also sharply criticized President Donald Trump’s leadership over reopening schools.
Federal Student Aid announces the availability of the Loan Rehabilitation Income and Expense Information form for use by participants in the Direct Loan and Federal Family Education Loan (FFEL) programs. The Office of Management and Budget (OMB) has approved the attached Loan Rehabilitation Income and Expense Information form under OMB Control Number 1845-0120. The expiration date of the form is June 30, 2023 and replaces the previous version of the form with an expiration date of May 31, 2020. Guaranty Agencies may begin using the attached OMB-approved form immediately. The previous version of form with the expiration date May 31, 2020 may continue to be distributed until December 31, 2020. Beginning January 1, 2021, only the revised form may be distributed. However, the previous version of the form may continue to be accepted after January 1, 2021. No substantive changes were made to the form.
The Department announced an upcoming enhancement to eZ-Audit, scheduled for Aug. 2, 2020. With this update to the web-based system, all schools and other entities required to submit financial statements and compliance audits to Federal Student Aid (FSA) will begin submitting those statements and audits electronically using eZ-Audit. Hard copies will no longer be mailed to FSA. This is a significant change for foreign schools, third-party servicers, Federal Family Education Loan (FFEL) Program lenders, FFEL lender servicers, guaranty agencies (GAs), and GA servicers.
July 15, 2020 – A group of 22 states and the District of Columbia sued to block a new rule by Education Secretary Betsy DeVos that makes it more difficult for federal student loan borrowers to obtain loan forgiveness if they are defrauded by their college. The lawsuit, led by attorneys general Xavier Becerra of California and Maura Healey of Massachusetts, challenges DeVos’ new “borrower defense to repayment” rule that took effect on July 1. The 22 states suing include New Jersey and New York. DeVos’ rewrite of the Obama-era standards sets stricter standards for when the government forgives the debt of federal loan borrowers based on their college’s misconduct. The new rule also eliminates an Obama-era prohibition on colleges requiring their students to resolve claims against their school through arbitration rather than in court.
July 14, 2020 – The Secretary announced deadline dates for the receipt of documents and other information from applicants and institutions participating in certain Federal student aid programs authorized under title IV of the Higher Education Act of 1965, as amended (HEA), for the 2020-2021 award year. These programs, administered by the U.S. Department of Education (Department), provide financial assistance to students attending eligible postsecondary educational institutions to help pay their educational costs.
The Department announced the posting of the 2021-2022 ISIR Guide. The ISIR Guide assists financial aid administrators (FAAs) with interpreting student information on the Institutional Student Information Record (ISIR).
Recently Introduced Federal Legislation
H.R.7692 – To provide a grant program for elementary schools, secondary schools, and institutions of higher education to help offset costs associated with complying with guidelines, recommendations, and other public health communications issued by the Centers for Disease Control and Prevention, or a State, Indian Tribe, Tribal organization, or locality related to mitigating the hazards presented by COVID-19.
a. Status: Referred to House Committee on Education and Labor, 7/20/20
b. Sponsor: Rep. Dina Titus (D-NV) 0 Cosponsors
H.R.7614 – Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2021
a. Status: House Committee on Appropriations, 7/15/20
b. Sponsor: Rep. Rosa DeLauro (D-CT) 0 Cosponsors
State Update
Two States Seek Expanded Distance Learning Guidance
The week’s update focuses on two states – Virginia and Washington – that are seeking to permanently expand their distance learning guidance. As always, AACS will keep you apprised of the latest state legislative and regulatory developments of interest to member schools.
On July 13, 2020, Virginia’s Board of Barbers and Cosmetology approved the following revised guidance for “non-traditional or online instruction.”
Schools may offer non-traditional or ‘online’ instruction on all theory topics in their approved curriculum.
Schools should utilize technologies and practices that are effective in verifying the identity of distance-learning students who participate in class or coursework (such as a secure login and pass code) while protecting student privacy.
There is a measure of competency (examination) of the information the student is taught online which shall be completed in a traditional brick and mortar classroom.
Under guidance issued in 2016, only certain general topics common across all provisions regulated by the Board are allowed to be taught online. According to the Board, this limits online instruction to 100 to 200 hours or 5 to 15 percent of total hours. In March, due to the COVID-19 pandemic, the Department of Professional and Occupational Licensure allowed boards to waive any regulation that prohibits schools from teaching theory topics via distance learning. The emergency waiver for schools however expires 30 days after the State of Emergency ends.
The revised Board guidance will be published in The Virginia Register on August 17, 2020, which begins a 30-day comment period. Schools and other interested parties may comment on the proposed guidance document between August 17 and September 17, 2020 via the Town Hall website or by sending written comments to:
Stephen Kirschner, Executive Director
Department of Professional and Occupational Regulation
9960 Mayland Drive, Suite 400
Richmond, VA 23233
(804) 367-2960
barbercosmo@dpor.virginia.gov
Washington State’s Department of Licensing is also in the process of revising distance learning regulations for cosmetology and barbering schools to allow 50 percent of the entire approved course of study to be conducted online.
According to a Department of Licensing email, cosmetology schools were initially hamstrung during the Governor’s Stay Home – Stay Healthy proclamation due to WAC 308-20-010 Definitions, which limited the definition of “online training” to theoretical instruction not to exceed 25% of the approved course study.
“In order to enable schools to continue to conduct business during the Stay Home – Stay Healthy proclamation, the Department of Licensing (DOL) filed emergency rules with the Washington State Code Reviser that allowed schools to offer 100% of theoretical instruction online. Since filing these rules, the DOL has recognized the benefit of the additional online instruction for cosmetology schools and students, which has the potential to increase access and reduce overall costs for schools and students. However, in considering permanent adoption of these rules, the DOL has determined necessary revisions to minimize inequity between accredited and unaccredited cosmetology schools, and allow for greater flexibility for schools in determining which approved course study activities are offered online.
The DOL is now proposing permanent rules that will allow for cosmetology schools to offer 50% of their entire approved course of study online. The new rules remove from the definition of online, the words “This training is limited to theory only”; therefore allowing cosmetology schools to determine the best content to be offered online and in person.”
Washington State schools and other interested parties may mail, fax or email comments on the proposal by July 27, 2020.
Mail:
Cosmetology Schools and Apprentice Shop Program
Department of Licensing
PO Box 9026
Olympia, WA 98507
Phone: 360-664-6651 Fax: 360-664-2550
Email: csap@dol.wa.gov
Website: https://www.dol.wa.gov/business/cosmetology/
Please do not hesitate to contact Brian Newman at bnewman@abingdonstrategies.com or by phone at 202-491-5254 with any questions and/or to discuss state legislative and regulatory issues.
COVID-19 Resources
This page contains a running list of state reopening guidance for salons and other personal care businesses.
AACS Coronavirus Resource Center
The bottom of this page contains a running list of state distance learning guidance. It was compiled with assistance from the AACS State Relations Committee and/or a review of state board websites. Accordingly, developments may be occurring faster than our ability to capture/report on them. Please contact your state regulator(s) for the most current information.
State and Local Government Responses to COVID-19
Stateside Associates, a state and local government relations firm, has created a chart with state legislative actions, executive agency actions, gubernatorial actions, and local government actions related to the outbreak of the coronavirus. Executive actions closing retail and “non-essential” businesses will be of interest.
PBA/Stateside Associates Report: Reopening of State and Local Economies (Updated July 10, 2020)
National Governors Association Coronavirus Updates
COVID-19 State Legislation – National Conference of State Legislatures
