Federal Updates
U.S. Department of Education
February 19, 2020 – Federal Student Aid released a series of updates to the quarterly application, disbursement, and portfolio reports on its FSA Data Center to include data through December 31, 2019. As part of this release, Federal Student Aid also published its first report regarding Automatic Closed School Discharge. Federal Student Aid proactively posts these reports in support of open government initiatives to help ensure consistency, increase transparency, and establish self-service opportunities for stakeholders.
U.S. Secretary of Education Betsy DeVos announced today the creation of a new initiative that allows more students to gain on-the-job experience with employers in their field of study as part of their Federal Work-Study (FWS) program. The initiative, known as an experimental site, expands FWS opportunities for students at 190 institutions. Institutions participating in the experimental site will be granted waivers, which encourage them to expand the use of FWS funds to support more students working in the private sector and, for the first time, allow them to pay low-income students for work experiences required by their academic programs, such as student teaching and clinical rotations.
February 21, 2020 – Closeout of all 2018–19 Campus-Based program awards has been completed based on the data submitted on the Fiscal Operations Report for 2018–19 and Application to Participate for 2020–21 (FISAP). The closeout amount will appear in G5 as the authorized amount for the 2018–19 Award Year. If a school drew down more than what was reported as expended in its 2018–19 Fiscal Operations Report, a negative amount will appear in the "available balance" line in G5 and on reports generated from G5.
The Department published a notice in the Federal Register proposing an extension of the Measuring Educational Gain in the National Reporting System for Adult Education information collection system. Title 34 of the Code of Federal Regulations part 462 establishes procedures the Secretary uses to consider literacy tests for use in the National Reporting System (NRS) for adult education. This information is used by the Secretary to determine the suitability of published literacy tests to measure and report educational gain under the NRS.
February 24, 2020 – On February 24, 2020, the Department distributed the FY 2017 draft cohort default rate (CDR) notification packages to all eligible domestic and foreign schools only. For both eligible domestic and foreign schools enrolled in the Electronic Cohort Default Rate (eCDR) notification process, the Department sent FY 2017 draft cohort default rate and accompanying documentation via the Student Aid Internet Gateway (SAIG). This information was sent to the SAIG mailbox for the destination point administrator designated by the school. The time period for appealing the FY 2017 draft cohort default rates under 34 C.F.R Part 668, Subpart N begins on Tuesday, March 3, 2020 for all schools.
The Department published a notice in the Federal Register proposing a revision of the Fiscal Operations Report for 2019-2020 and Application to Participate 2021-2022 (FISAP) and Reallocation Form. The data submitted electronically in the FISAP is used by the Department to determine the institution's funding need for the award year and monitor program effectiveness and accountability of fund expenditures. The changes to the version of the FISAP are to update the deadline and award year references, incorporate new data fields added to capture cumulative service cancellation reimbursement activity beginning in the 2019-20 award year under the Perkins Loan Program.
The Department announced today transformative upgrades to StudentAid.gov. The updated website now features new tools, which provide students with detailed information about the grants and loans they have received and guide them to a personalized recommendation for a loan repayment plan. Federal Student Aid (FSA) also launched a pilot that allows a subset of the office's 42 million borrowers, for the first time ever, to make student loan payments directly on StudentAid.gov. These updates complement the President's fiscal year 2021 budget proposal, which includes calls to simplify student loan types, amounts, and repayment options and provide customers with access to an online portal with personalized information to help them easily understand their options and make informed decisions throughout the financial aid life cycle.
U.S. Congress – Newly Introduced Legislation of Note
No recent legislation.
State Updates
State Legislators Debate Barbering and Cosmetology Hours
he final week of February finds 38 state legislatures actively meeting. Key deadlines this week include: “crossover” deadlines in Colorado, Iowa, Kansas, South Dakota and West Virginia by which a bill needs to be passed by its chamber of origin to remain viable, and a Monday bill introduction deadline in Mississippi. During this critical period, AACS will keep you apprised of the latest state legislative developments of interest to member schools.
In Virginia, the House Professions/Occupations and Administrative Process Subcommittee voted 5 to 2 on Tuesday to recommend reporting a substitute to SB 915. The amended bill, which was not available online at press time, directs the Department of Professional and Occupational Regulation and the Board for Barber and Cosmetology to review licensure requirements. As passed by the Senate, SB 915 would have prohibited 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.”
Ohio’s House State and Local Government Committee conducted a third hearing on HB 399 last week. As previously reported, the bill would reduce the course of instruction for cosmetology in the Buckeye State from 1,500 to 1,000 hours. It also proposes other notable changes to the state’s cosmetology and barbering act, including:
The Ohio Association of Cosmetology Schools, the Ohio Barber and Beauty Alliance, and National Association of Barber Boards of America were among the organization submitting testimony in opposition to the bill. Proponents of HB 399 testified on January 29, 2020. Testimony from that hearing can be viewed here.
In Arizona, the House Government Committee amended and favorably reported HB 2740 last week by a vote of 9 to 0. The House Rules Committee unanimously ruled on Tuesday that the bill was constitutional and in proper form. As previously reported, the amended bill proposes to merge the state’s barbering and cosmetology boards – but leaves massage therapy with the Arizona State Board of Massage Therapy. It would also: reduce the course of instruction for barbering from 1,500 to 1,000 hours; 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 schools to offer both barbering and cosmetology programs if they have appropriately licensed instructors for each; 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.
Arizona HB 2740 will soon be considered on the House floor with a “do pass” recommendation from both the Majority and Minority caucuses.
Florida’s House Commerce Committee amended and unanimously reported HB 1193 last week. The Committee Substitute heading to the House floor would reduce the course of instruction for barbering from 1,200 to 900 hours. It also 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 Florida occupational licensure reform bill would also: allow for early licensure testing of barbers at 600 hours; 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.
Florida SB 474, which currently contains barbering and cosmetology provisions similar to HB 1193, is headed to the Senate floor after the Appropriations Committee voted 20 to 1 last week to report a Committee Substitute.
Iowa’s Senate State Government Committee voted unanimously last week to file SF 2365 as an approved committee bill. As reported last week, the measure – initially filed as SSB 3156 – would merge the state’s cosmetology and barbering boards and reduce the course of instruction for cosmetology from 2,100 to 1,800 hours. The bill also: removes "arranging, braiding, and dressing of hair" from the definition of cosmetology; replaces the state’s current 2,100 hour barbering license with a 1,500 hour barbering/hairstylist license, and; prohibits the newly combined Board from requiring instructors to have additional hours of training – beyond those required for a cosmetology license.
In Oklahoma, the Senate Business, Commerce and Tourism Committee voted 7 to 1 last week to favorably report SB 1166, which would eliminate licensure for cosmeticians, hairbraiders and demonstrators. Oklahoma cosmeticians are currently required to obtain a 600-hour license to perform shampooing, hair arranging and the application of makeup, including, but not limited to, using hairstyling tools and products. Hairbraiders are not required to complete a specified course of instruction at a school but must pass a safety and sanitation test to perform hairbraiding, hairweaving techniques, and the application of hair extensions in a licensed cosmetology establishment.
Maryland’s Senate voted 44 to 0 last week to pass a bill requiring for-profit colleges and trade schools, including cosmetology schools, to derive at least 10% of their revenue “from a source other than federal funds or institutional debt.” If enacted, SB 294 would prohibit schools – beginning in FY 2023 – 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.
On a more positive note, the Maryland House Appropriations Committee voted unanimously last week to withdraw HB 470. As previously reported, this measure would have required 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.
A Kentucky bill was introduced last week to replace the state’s definition of “blow dry services” with a definition of "shampoo and style services" that “means beautifying, cleaning, or arranging the hair of an individual for consideration only at a limited beauty salon.” A license to provide shampoo and style services will require 300-hours of instruction – which is a 150-hour decrease from the current 450-hour blow drying license. The measure would also allow Kentucky-licensed cosmetologists, estheticians, stylists, or nail technicians to obtain a temporary “event services permit” to perform services outside of a Board licensed salon/establishment. Finally, the measure strikes current law requiring instruction at a cosmetology, esthetics or nail school “to be given within an uninterrupted period with not more than eight (8) hours nor less than four (4) hours of instruction a day, exclusive of Sundays.”
Illinois Representative Representative Allen Skillicorn (R) recently introduced a bill that would allow individuals to practice barbering, cosmetology, esthetics, hair braiding, or nail technology without a license if they inform prospective clients. HB 5558 is currently in the House Rule Committee for assignment to a committee of jurisdiction. Republicans control only 44 of the House chamber’s 118 seats.
In Utah, State Representative Marc Roberts (R) introduced a bill Tuesday to deregulate blow drying and hair styling services. HB 410 specifically states that an individual who “dries, styles, arranges, dresses, curls, hot irons, shampoos, or conditions hair” would be exempt from licensure if he/she displays a sign to inform the public that they are not licensed. The bill is currently in the House Rules Committee awaiting assignment to a standing committee.
Finally, Oregon’s House Rules Committee voted 6 to 1 last week to report HB 4016 with amendments. The bill defines "device" – including light-emitting diode therapy and microdermabrasion – for the practice of advanced nonablative esthetics and prohibit non-advanced estheticians from using mechanical or electrical apparatus, appliance or device unless authorized by Health Licensing Office by rule. The bill is currently in the House Ways and Means Committee.
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.