Federal Updates
U.S. Department of Education
January 30, 2020 – The Department published in the Federal Register that it is consolidating the forms that borrowers must complete if they want to ultimately receive the Public Service Loan Forgiveness (PSLF) & Temporary Expanded PLSF (TESPLF). There will now be a single form for these programs. The form is being renamed the Public Service Loan Forgiveness (PSLF) & Temporary Expanded PLSF (TESPLF) Certification and Application. This revised form includes the Employment Certification Form which is already part of this collection. This consolidation of forms will remove the need for borrowers to separately complete the PSLF application and submit a separate email for the TEPSLF program. This combining will also aid the Department in streamlining the forgiveness determination process.
January 31, 2020 – The Department of Education issued a notice in the Federal Register inviting applications for new awards for fiscal year (FY) 2020 for the Training Program for Federal TRIO Programs (Training Program), Catalog of Federal Domestic Assistance (CFDA) number 84.103A. The Training Program provides grants to train the staff and leadership personnel employed in, participating in, or preparing for employment in, projects funded under the Federal TRIO Programs, so as to improve the operation of these projects.
The Department of Education (the Department) is seeking to renew OMB control number 1845-0147 for the collection of URLs hosting institutional contracts and contract data relating to campus banking agreements. The Department has created a Cash Management Contract electronic form to allow institutions to report their contract and contract URL to the Department. The Department has also created a central repository for the information provided by the institution that includes the contract data and the web addresses that is publicly available for research and comparison purposes. Both of these are located on studentaid.gov. The database allows interested parties, such as students, families, press, institutions, and researchers to easily access and compare banking agreements available at different institutions.
The Department published a notice in the Federal Register requesting a revision of the information collection supporting the policies and reporting requirements contained in Subpart E of Part 668—Verification and Updating of Student Aid Application Information. Sections 668.53, 668.54, 668.55, 668.56, 668.57, 668.59 and 668.61 contain information collection requirements (OMB control number 1845-0041). This subpart governs the verification and updating of the Free Application for Federal Student Aid used to calculate an applicant's Expected Family Contribution for purposes of determining an applicant's need for student financial assistance under Title IV of Higher Education Act of 1965, as amended. The collection of this documentation helps ensure that students (and parents in the case of PLUS loans) receive the correct amount of Title IV program assistance by providing accurate information to calculate an applicant's expected family contribution. There has been no change to the regulatory language.
February 4, 2020 – Published by the Department in the Federal Register, the Secretary is reopening the FY 2020 SSS Program competition, Catalog of Federal Domestic Assistance (CFDA) number 84.042A, for eligible institutions of higher education (IHEs) or combinations of IHEs in the designated counties of the Commonwealth of Puerto Rico affected by the recent earthquakes, for which the President has issued a disaster declaration. The Secretary takes this action to allow these eligible applicants additional time to submit their applications. This notice also waives the electronic application submission requirement for these eligible applicants.
Future Deadlines – The Direct Loan established data submission (closeout) deadline for the 2018–19 Program Year is Friday, July 31, 2020. This is the last processing day of the program year, so all school data must be received and accepted by this date to be included in a school’s final Ending Cash Balance for the year.
U.S. Congress – Newly Introduced Legislation of Note
H.Amdt.754 to H.R.3621 – Comprehensive CREDIT Act of 2020
a. Summary: An amendment numbered 2 printed in Part B of House Report 116-383 to require the GAO to study how credit scores adversely impacted by a student borrowers defaulted or delinquent private education loan further impacts applying for future loans, including information on treatment of different demographic populations.
b. Status: Agreed to by voice vote, 1/29/20
c. Sponsor: Rep. Donna Shalala (D-FL)
S.3243 – Simplifying Access to Student Loan Information Act of 2020
a. Summary: To increase students' and borrowers' access to student loan information within the National Student Loan Data System.
b. Status: Referred to Senate HELP Committee, 1/28/20
c. Sponsor: Sen. Jeanne Shaheen (D-NH) 0 Cosponsors
State Update
Deregulation Bills Introduced in Tennessee
The first week of February finds 39 state legislatures actively meeting, including the legislatures in Alabama, Connecticut, Oklahoma and Oregon, which commenced their respective 2020 legislative sessions this week. There are also bill introduction deadlines this week in the following legislative chambers: Arizona Senate; California House and Senate; New Mexico House and Senate; South Dakota House and Senate; Tennessee House and Senate; Utah House and Senate, and; the Washington State Senate. During this critical period, AACS keep you apprised of the latest state legislative developments of interest to member schools.
Identical House and Senate bills were introduced in Tennessee last week to allow a person to practice barbering or cosmetology – and about 18 other professions – without a license so long as the “recipient of the work acknowledges the person's lack of licensure and waives claims against the person.” HB 1945 was introduced by Representative Martin Daniel (R – Knoxville), who serves as Chair of the House Government Operations Committee, and referred to the Business Subcommittee of the House Commerce Committee. SB 1914 was introduced by Senator Janice Bowling (R – Tullahoma) and referred to the Senate Commerce and Labor Committee.
Tennessee school officials are encouraged to utilize the Professional Beauty Association (PBA) Alert link to contact members of these legislative Committees.
Florida’s Senate Commerce and Tourism Committee unanimously reported a Committee Substitute to SB 474 on Tuesday. At press time, the substitute bill text has not been posted online. The bill reported from the Innovation, Industry, and Technology Committee in January would reduce the course of instruction for barbering from 1,200 to 900 hours. However, that Committee favorably modified the hour reductions for specialist licensure – including providing for 400 hours “or the number of hours of training required to maintain minimum Pell Grant requirements” for full specialists (combining both skin and nails). Under current law, a 500-hour course of instruction is required for full specialist licensure. The bill will next be considered by the Senate Appropriations Committee.
Last week, Florida’s House Government Operations and Technology Appropriations Subcommittee voted 10 to 2 to favorably report HB 1193 – a non-identical companion bill to SB 474. As previously reported, this deregulation and occupational licensure reform bill would reduce the course of instruction for barbering from 1,200 to 600 hours. Other provisions of interest to AACS members include: 1-to-1 licensure reciprocity of barbers and cosmetologists current licensed in another state; deregulation of hair braiding, hair wrapping, body wrapping, the application of polish to fingernails and toenails, and makeup application; and the reduction of the biennial CEU requirement for licensure renewal from 16 to 10 hours. HB 1193 would also severely reduce the course of instruction required for specialist licensure: nail specialists from 240 to 150 hours; facial specialists from 260 to 165 hours, and; full specialists (combining both skin and nails) from 500 to 300 hours. The bill is now in the House Commerce Committee.
House and Senate bills were introduced in Maryland last week to require for-profit colleges and private career schools – including cosmetology schools – 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.” The Senate Education, Health, and Environmental Affairs Committee will conduct a February 12, 2020 hearing on SB 445. The companion House measure, HB 470, is scheduled for a House Appropriations Committee hearing on February 18th.
The Maryland Senate Education, Health, and Environmental Affairs Committee and the House Appropriations Committee will also be conducting hearing on SB 446 and HB 469 on February 12th and February 18th, respectively. These identical bills will 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 failing under the “disorderly closure” definition by entering into at least one “school-to-school” teach-out agreement.
In New Jersey, identical Assembly and Senate bills were introduced last week to establish 1,250-hour barbering apprenticeships. At a school, the course of instruction for a New Jersey barber’s license is 900 hours. Both S944 and A2313 require the training to be conducted “under the supervision of a board-licensed barber with at least three years of experience.”
Virginia’ House General Laws Committee voted 12 to 9 last week to table HB 982 – effectively killing the licensure reciprocity bill this legislative session. The non-occupational specific measure would have allowed one-to-one licensure reciprocity for individuals licensed in another state for at least a year.
South Dakota Senate unanimously passed SB 10 and SB 23 in January. SB 10, which was introduced at the request of the state’s Department of Labor and Regulation, 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. Both measures are currently pending in the House Commerce and Energy Committee.
Finally, a hair braiding deregulation bill was introduced this week in Illinois with Republican Representative Allen Skillicorn as the sole sponsor. Under current Illinois law, a 300-hour course of instruction is required for hair braiding licensure. Republicans control only 44 of the House chamber’s 118 seats. HB 4462 is currently in the House Rule Committee for assignment to a committee of jurisdiction.
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 10, 2020 at 9:00 a.m. – Texas Advisory Board on Barbering Meeting
Public comments on the proposed amendments to the barbers program rules will be discussed.
The meeting agenda has been posted online.
February 10, 2020 at 1:30 p.m. – Texas Advisory Board on Cosmetology Meeting
The Advisory Board will review public comments to the proposed rules published in the Texas Register on January 3, 2020.
The meeting agenda has been posted online.
February 11, 2020 at 1:00 p.m. – Maryland House Economic Matters Committee Hearing on HB 349
This bill provides for one-to-one licensure reciprocity for service members, veterans, and military spouses licensed in another state for at least one year.
February 12, 2020 at 1:00 p.m. – Maryland Senate Education, Health, and Environmental Affairs Committee Hearing on 445 and SB 446
Additional information can be found above.
February 18, 2020 at 1:00 p.m. – Maryland House Appropriations Committee Hearing on HB 469 and HB 470
Additional information can be found above.
Additional State Bill Introductions
Hawaii HB 2435
The bill would permit a licensed beauty operator to apply for a barber shop license.
Kansas HB 2506
This multi-occupation licensure reciprocity bill would establish one-to-one licensure reciprocity for individuals holding a valid and current license from another state that is substantially equivalent to a license issued by a Kansas licensing body.
Maryland HB 419
This bill requires each institution of higher education – including cosmetology schools – to collect data on the number of students who have unpaid fees, the average amount of unpaid fees, the common categories for which fees are owed, the number of academic documents withheld because of unpaid fees, the threshold triggering the withholding of certain information, and any payments plans offered, and; requiring the data be submitted to the Maryland Higher Education Commission.
Mississippi HB 261
This bill would provide licensure reciprocity for military spouses licensed by another jurisdiction for at least one year.
Tennessee HB 1970/SB 2084
These bills propose lengthening from 10 days to 14 days the time in which the Board of Cosmetology and Barber Examiners has to publish changes to applicable laws and rules on its website from the effective date of such changes.