Federal Legislative Weekly Update
U.S. Department of Education
June 16, 2020 – The recent Supreme Court decision in an LGBTQ workplace rights case could change how the Education Department interprets Title IX, especially as it concerns transgender students. “We are currently reviewing the Supreme Court’s opinion,” said Education Department spokesperson Angela Morabito.
June 12, 2020 – A federal judge blocked Education Secretary Betsy DeVos from carrying out in Washington State her policy barring colleges from giving emergency federal aid to students who do not qualify for federal financial aid, in a major legal setback for the Trump administration.
Eastern District of Washington Judge Thomas O. Rice issued the decision one day after a hearing on a request by Washington state for a preliminary injunction. DeVos’ interim final rule was filed shortly before the hearing, Rice wrote. However, the effect of the injunction on undocumented students in Washington State was unclear.
U.S. Secretary of Education Betsy DeVos announced the Department of Education has approved 10 additional career and technical education (CTE) plans. Arizona, Idaho, Kansas, Louisiana, Missouri, Nebraska, Oklahoma, Texas and Wisconsin are the latest states, along with the District of Columbia, to have their CTE plans approved under the new, bipartisan Strengthening Career and Technical Education for the 21st Century Act (Perkins V), which was signed into law by President Donald J. Trump on July 31, 2018.
June 11, 2020 – The Department released a rule for public comment that would help to ensure taxpayer-funded coronavirus relief money is distributed properly and does not go to foreign nationals, non-citizens, and students who may be enrolled in ineligible education programs. The Coronavirus Aid, Relief, and Economic Security (CARES) Act establishes the Higher Education Emergency Relief Fund (HEERF) and requires that at least 50% of that funding be allocated to students for emergency cash grants for expenses related to the disruption of campus operations due to coronavirus, including technology, course materials, food, health care, and child care. The “interim final rule” (IFR) will provide certainty for institutions of higher education regarding which students are eligible to receive this emergency funding. The IFR was published in the Federal Register on Monday, June 15 and will be open for public comment for 30 days.
The Department published a notice in the Federal Register proposing an extension of the Foreign Institutions Reporting Requirements under the CARES Act information collection system. Section 3510(a) of the CARES Act, Public Law 116-136 (March 27, 2020), authorizes the Secretary of Education (“Secretary”) to permit a foreign institution, in the case of a public health emergency, major disaster or emergency, or national emergency declared by the applicable government authorities in the country in which the foreign institution is located, to provide any part of an otherwise eligible program to be offered via distance education for the duration of such emergency or disaster and the following payment period for purposes of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.). Additionally, under Section 3510(d) of the CARES Act, the Secretary may allow a foreign institution to enter into a written arrangement with an institution of higher education located in the United States that participates in the Federal Direct Loan Program under part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.) for the purpose of allowing a student of the foreign institution who is a borrower of a loan made under such part to take courses from the institution of higher education located in the United States.
Recently Introduced Federal Legislation
H.R.7198 – To establish a scholarship program to diversify the national security workforce through partnership with historically black colleges and universities and other minority institutions, and for other purposes.
a. Status: Referred to Committee on Education and Labor, 6/15/20
b. Sponsor: Rep. Anthony Brown (D-MD) 1 Cosponsor
H.R.7170 – To require institutions of higher education to disclose gifts from foreign sources in the publications of certain professors and affiliates, and for other purposes.
a. Status: Referred to House Committee on Education and Labor, 6/11/20
b. Sponsor: Rep. Kevin Hern (R-OK) 18 Cosponsors
H.R.7152 – To prohibit the Secretary of Education from providing funding to certain educational institutions unless the institutions return to in-person instruction, and for other purposes.
a. Status: Referred to House Committee on Education and Labor, 6/11/20
b. Sponsor: Rep. Jim Banks (R-IN) 1 Cosponsor
S.3947 – A bill to amend the provisions relating to the higher education emergency relief fund to clarify the flexibility provided to institutions and for students under the fund, and for other purposes.
a. Status: Referred to Committee on Health, Education, Labor, and Pensions, 6/11/20
b. Sponsor: Sen. Tim Kaine (D-VA) 0 Cosponsors
S.3925 – A bill to protect the entitlement of individuals to Post-9/11 Educational Assistance who discontinue pursuit of a program of education during the national emergency relating to the COVID-19 pandemic, and for other purposes.
a. Status: Referred to Committee on Health, Education, Labor, and Pensions, 6/9/20
b. Sponsor: Sen. Richard Blumenthal (D-CT) 1 Cosponsor
State Update
State Updates from Pennsylvania, Ohio and Washington State
The current week finds 18 state legislatures in session – including the state legislatures in Georgia and Rhode Island which resumed their 2020 legislative sessions on Monday and Wednesday respectively. Two states – Minnesota and New Mexico – are convening special legislative session this week. In Minnesota, Governor Tim Walz (D) called a special session in order to comply with legal requirements for the emergency powers he has been using to respond to the COVID-19 pandemic, however, a public construction bonding bill and a Democratic slate of police accountability measures are also like to be discussed. New Mexico’s special session will focus on the state’s budget, voting reform, and police body cameras. As always, AACS will keep you apprised of the latest state legislative and regulatory developments of interest to member schools.
Pennsylvania’s House Judiciary Committee voted unanimously Monday to favorably report an amended occupational licensure bill – SB 637 – to the House floor. As amended, the bill is identical to HB 1477, which was passed by the House in December and pertains to over 30 licensed occupations. SB 637 would amend the Criminal History Record Information Act (“CHRIA”) to require that boards only withhold a license for convictions which are directly related to the practice of the occupation, and that the boards consider the nature of the offense, the amount of time that has passed since conviction, evidence of the applicant’s fitness to practice the occupation, and other relevant factors prior to withholding a license.
A similar bill was passed by Ohio’s House of Representatives last week by a vote of 90 to 1. According to an official summary, HB 263 “generally prohibits any state licensing authority from refusing to issue an initial license to an individual based solely on being charged with or convicted of a criminal offense or a nonspecific qualification such as ‘moral turpitude’ or lack of ‘moral character.’ The bill does however permit a state licensing authority to refuse licensure if the offense is directly related to the duties and responsibilities of the licensed occupation.” HB 263 has been transmitted to the Senate.
On the regulatory front, the current issue of the Washington State Register contains a “Preproposal Statement of Inquiry” from the Department of Licensing indicating that they will be amending rules “to provide schools and apprentice shops flexibility in online training.” Interested parties may view the notice here – see page 5 of the PDF – and can participate in the formulation of the proposed rules by contacting the Department’s Cosmetology Program.
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.
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 May 29, 2020)
National Governors Association Coronavirus Updates
COVID-19 State Legislation – National Conference of State Legislatures