**The AACS office will be closed Monday, January 20, in observance of Martin Luther King, Jr. Day. Operations will resume Tuesday, January 21.**

Register now and join your fellow school owners, faculty, students and employers to advocate on Capitol Hill for the beauty industry. 

2020 Government Relations Summit & Hill Day
March 24-26, 2020
Washington Hilton
Register now!

More than 500 letters have been sent to lawmakers so far in the #IncludeBeauty campaign. Join the fight to protect our schools, students and employees from the College Affordability Act, a House bill approved in Committee by the Democrat leadership of the House Education and Labor Committee. The bill is the most comprehensive legislative attack we have seen on the cosmetology sector due to multiple damaging provisions directed at for-profit colleges. 

You can help by communicating directly with Members of Congress to oppose the House College Affordability Act, and ask your employees and students to do so too. Letter templates and instructions are available here.

AACS Applauds Senator Enzi’s Approach For Universal Application of 90/10 Law

AACS Executive Director Kathy Chow applauded U.S. Senator Mike Enzi (R- WY) for introducing legislation to expand the “90/10” accountability law in the Higher Education Act to all colleges and universities, whether they are public, non-profit or for-profit. | Read more

AACS Opposes Passage of House Joint Resolution 76

The American Association of Cosmetology Schools (AACS) statement urged all Members of the United States House of Representatives to oppose House Joint Resolution (HJ Res.) 76, which seeks to utilize the Congressional Review Act to block 2019 rulemaking by the U.S. Department of Education regarding Borrower’s Defense to Repayment. | Read more

Nancy Rogers and Vicki Maurer of The Source For Training will help you reach your goal of setting an appointment that shows. Today’s world is different. We are now dealing with Generations X, Y and Z. Never before have previous generations been exposed to so much technology and information and, in return, CHOICES! This means we must build a strong connection so the prospect ‘feels’ that we are the one, now is the time and, most importantly, that we CARE! Remember, nothing happens until an appointment SHOWS! In this webinar, you will learn how to:·      

• Take control                                       
• Build rapport
• Ask the right questions
• Create value to the appointment
• Schedule more “today” appointments
• Use texting that works

Join us for Your First Goal: Setting an appointment that shows
Date: January 23, 2020
Time: 4:00pm EST
Registration here

Applications are now being accepted for volunteers and speakers for 2020 AACS conferences. Volunteers for the CEA & AMP Convention and the AACS Annual Convention are key to the events' success. Join us as a volunteer event committee member.

The AACS 2020 theme is: "It's Time To Engage: Advocate. Ignite. Rise." We want compelling programming that will leave attendees wanting more. We want your ideas for topics and credentials as a speaker to share your knowledge and expertise.

Submit your application to volunteer here.

Submit your application for speaker here.

We have partnered with OfficeMax to provide AACS members a special benefit. Businesses using the Office Depot discount program see significant savings. Take advantage of the program today and you could save thousands of dollars per year! To learn more, click here.

Kick off the new year with a new look and support the AACS Government Relations Committee advocacy efforts at the same time. Contact AACS at info@beautyschools.org to request an order form for one of these nifty T’s.

Federal Updates

U.S. Department of Education

January 10, 2020 – The Office of Management and Budget (OMB) has approved the attached Private Education Loan Applicant Self-Certification form (Self-Certification form) under OMB Control Number 1845-0101 with no changes from the earlier version of the form.  The expiration date of the form is 8/31/2022 and replaces the previous version with an expiration date of 7/31/2019.

January 13, 2020 – The Department published a notice in the Federal Register requesting approval of reporting requirements that are contained in the Federal Family Education Loan Program (FFELP) regulations (34 CFR 682.210) which address the targeted teacher deferment provision of the Higher Education Act of 1965 as amended by the Higher Education Amendment of 1986, sections 427(a)(2)(C)(vi), 428 (b)(1)(M)(vi), and 428 (b)(4)(A), which provide for the targeted teacher deferment.

On December 16, 2019, the Department published in the Federal Register a notice inviting applications for the waiver of eligibility requirements for fiscal year (FY) 2020 (Eligibility NIA) for programs authorized by Parts A and F of Title III and by Title V of the HEA. This notice in the Federal Register revises (a) the Deadline for Transmittal of Applications and (b) information provided in Section I of the notice. All other requirements and conditions in the notice remain the same. (a) On page 68434, in the third column, under Dates and after “Deadline for Transmittal of Applications”, we remove the date “January 15, 2020” and replace it with the date “January 31, 2020”. (b) On page 68436, in the table, under “Base year 2017-2018 average Pell Grant percentage” in the first row, we remove the number “26” and replace it with the number “36”.

January 14, 2020 – The Department issues these final regulations to adjust the Department's civil monetary penalties (CMPs) for inflation. This adjustment is required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act), which amended the Federal Civil Penalties Inflation Adjustment Act of 1990 (Inflation Adjustment Act). These final regulations provide the 2020 annual inflation adjustments being made to the penalty amounts in the Department's final regulations published in the Federal Register on February 1, 2019 (2019 final rule).                                                                                                                                 

U.S. Congress – Newly Introduced Legislation of Note

H.J.Res.790 – Providing for consideration of the bill (H.R. 1230) to amend the Age Discrimination in Employment Act of 1967 and other laws to clarify appropriate standards for Federal employment discrimination and retaliation claims, and for other purposes; providing for consideration of the joint resolution (H.J. Res. 76) providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Education relating to "Borrower Defense Institutional Accountability"; and providing for proceedings during the period from January 17, 2020, through January 24, 2020.

a.       Status: Introduced in House, 1/13/2020

b.       Sponsor: Rep. Mark DeSaulnier (D-CA) 0 Cosponsors

S.3168 – A bill to establish competitive Federal grants that will empower community colleges and minority-serving institutions to become incubators for infant and toddler child care talent, training, and access on their campuses and in their communities.

a.       Status: Referred to Senate HELP Committee, 1/8/2020

b.       Sponsor: Sen. Cory Booker (D-NJ), 4 Cosponsors

S.3158 – Diversifying by Investing in Educators and Students to Improve Outcomes For Youth Act

a.       Status: Referred to Senate HELP Committee, 1/8/2020

b.       Sponsor: Sen. Cory Booker (D-NJ), 8 Cosponsors

S.3155 – Success for Rural Students and Communities Act of 2020

a.       Status: Referred to Senate HELP Committee, 1/8/2020

b.       Sponsor: Sen. Susan Collins (R-ME), 1 Cosponsor

State Update

New Jersey Governor Signs Bill Permitting Student Clinic Charges

The second full week of January finds 35 state legislatures actively meeting, including the legislatures in the following states that commenced 2020 legislative sessions this week: Arizona, Delaware, Florida Georgia, Hawaii, Iowa, Kansas, New Jersey, South Carolina, South Dakota, Tennessee and Washington.  As always, AACS keep you apprised of the latest state legislative and regulatory developments of interest to member schools.   

New Jersey Governor Phil Murphy (D) signed A3160 into law on Monday.  The Act, which was immediately effective, permits cosmetology and hairstyling school clinics to charge the public fees for services that are greater than the cost of materials.  It “also provides that fees charged by licensed school clinics must be clearly posted and that consumers must be notified that the cosmetology and hairstyling services provided in the clinic are performed by registered senior students under the supervision of licensed instructors.”  The bill’s enactment without a single dissenting vote in the legislature was the culmination of a multiyear advocacy effort by the NJ Association of Cosmetology and Hairstyling Schools.

In Florida, Representative Blaise Ingoglia (R) introduced a 143-page deregulation and occupational licensure reform bill last week that would reduce the course of instruction for barbering from 1,200 to 600 hours.  HB 1193 would also allow for early licensure testing of barbers at 400 hours; provide for 1-to-1 licensure reciprocity of barbers and cosmetologists current licensed in another state; 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. Additionally, the measure 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.

HB 1193 is similar to a 2019 occupation licensure reform bill (HB 27) introduced by Representative Ingoglia.  That measure was favorably reported from three House subcommittees/committees but was not considered on the House floor.  HB 1193 has received the same committee assignments as HB 27: Business and Professions Subcommittee; Government Operations and Technology Appropriations Subcommittee, and; the Commerce 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.
 

Additional Bill Introductions 

Missouri HB 1758
The bill would deregulate shampooing simply by removing “cleansing” of hair from the definition of a Class CH-hairdresser.  A similar bill was passed by Missouri’s House of Representatives in 2019 but was not considered on the Senate floor prior to the sine die adjournment of the legislature.

New Hampshire HB 1416
The bill would allow cosmetologists and estheticians to obtain a certificate to perform microblading.

 New York A8975 and S7169
These bills make technical amendments to New York State’s newly enacted requirement for domestic violence and sexual assault awareness education for persons engaged in the practice of nail specialty, waxing, natural hair styling, esthetics and cosmetology.  Specifically, they would authorize the Department of State to consult with both domestic abuse prevention advocacy and sexual assault awareness advocacy organizations to develop course materials. 

West Virginia HB 4048
The measure would remove completion of a “history of barbering course” as a requirement for licensure. 

The following NYS bills carried over from 2019 received a 2020 committee referral last week: 

New York A696
A696 would add eyebrow threading to the practice of esthetics.  The bill has been referred to the Assembly Economic Development Committee.

New York A821
The measure would add laser hair removal to the practice of esthetics for purposes of licensing.  It would require the Secretary of State to promulgate rules and regulations for the practice and operation of licensed hair removal technicians and establishments.  These regulations shall include: registration fees; minimum age requirements; a minimum number of training hours; a minimum number of training hours specific to each body part which shall be performed on volunteers, and; a continued certification by a nationally accredited organization acceptable to the department. 

The bill has been referred to the Assembly Economic Development Committee.  The Senate Consumer Protection Committee will be conducting a hearing on a non-identical companion bill (S2834) on Wednesday, January 15, 2020.

New York A6578
The bill would allow individuals who have completed a minimum of 500 hours of the required 1,000-hour course for cosmetology to become a shampoo assistant. Shampoo assistant must remain enrolled their school program until completion and are limited to participating in the following activities: “(i) greeting and draping clients in preparation for services; and (ii) shampooing and rinsing clients in preparation for services."  The bill has been referred to the Assembly Economic Development Committee. 

New York S1463
The bill would allow individuals convicted of non-violent felonies to become licensed barbers and/or own a barbershop on a case by case basis.  The bill has been referred to the Senate Consumer Protection Committee.  

The following 2019 Washington State bills were reintroduced by resolution and retained in their present status: 

Washington HB 1124
As currently drafted, the bill would establish a Gainful Employment metric in Washington State for private career schools, including cosmetology schools, based on debt-to-earnings, and; direct state officials to determine what is considered a passing rate.  Accordingly, the measure will subject schools to new student-level data reporting requirements, including data on financial aid awards – which is defined as the amount of federal, state, and institutional loans, grants, or scholarships the student received of which the school is aware.  If meaningful debt-to-earnings rates cannot be established for a particular program or school, the workforce training and education coordinating board would be required to make an alternative calculation assessing “earnings in relation to cost of attendance, taking into consideration the length of the particular program.” 

Washington SB 5326
The bill would require barbering and cosmetology salons with booth renters to pay their unemployment insurance and workers’ compensation premiums.  Additionally, cosmetology and barbering booth renters would no longer be considered independent contractors for the purposes of the business and occupation tax. 

This course emphasizes providing meaningful accommodations to students with disabilities in an education setting including: legal mandates and regulations, characteristics and educational needs of students with disabilities, and instructional techniques that can be used with these students.

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AACS is working members to achieve our legislative and regulatory objectives at the federal level, ensuring lawmakers don’t pass misguided legislation that could severely harm our industry.

We need your help to tell the industry’s compelling story and save our industry from the negative consequences of harmful legislation. You can help by donating to help us fund this important public relations campaign, and by sharing stories and testimonials.

To submit a donation, please click here.

To submit a story, please click here.