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Resource page

AACS is here for you with a comprehensive coronavirus resource page that will be updated as new information comes in. This week, you’ll find new education resources from the Associated Skin Care Professionals, Great Clips, as well as updated FAFSA guidelines.

Click here from the Centers for Disease Control, World Health Organization, Small Business Administration, U.S. Department of Education, accreditors, distance learning educators and more.

Member Benefits

We are hosting webinars for members to provide the latest information to help you continue to serve your students and manage your business. Recordings are available to members only. Here are a few of our recent webinars:

March 27: CARES Act key provisions

March 30: Employment law

April 8: Navigating distance education

If you would like the recording, email info@beautyschools.org. More will be available soon. Monitor your inbox for the latest information.

 



 

Sips, Tricks and Tiger Kings – an AACS Cocktail Hour

COVID-19 hasn’t given us many reasons to celebrate, but here are two: pushing back the April 15 tax deadline and “Tiger King.” Let’s connect during this new normal for a members-only virtual cocktail hour! Join your fellow AACS members for a mixology tutorial (both alcoholic and non-alcoholic) and the “mane” event: a style show inspired by the “Tiger King.”

This informal virtual Happy Hour will be hosted by our AACS Event Chair, Kim McIntosh. Come dressed (optional) in your best big cat and animal print gear.

To register, contact info@beautyschools.org.

 



Prescription RX card benefit 


With heightened concerns about our health, you and your staff, faculty and students
may need some additional assistance with your prescriptions. Ask the AACS national
office how you can download your prescription card, and potentially save up to 80% on
your medications. There are no health restrictions, and may be used on drugs not
covered in health plans. It may even be used on many pet prescriptions. The card is
pre-activated and ready for use! For your copy, contact Cristina@beautyschools.org. This benefit is for members only, and is accepted at more than 68,000 pharmacies nationwide.
 


Home office needs? Try the Office Depot – OfficeMax member benefit

During this time of sheltering-in-place and remote working, OfficeMax is here to provide
AACS members special benefits. 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.
 


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Federal Legislative Weekly Update

U.S. Department of Education 

April 1, 2020 – U.S. Secretary of Education Betsy DeVos announced the proposal of the new Distance Learning and Innovation regulations. The Department's proposed Distance Learning and Innovation regulations enhance educational quality and reduce barriers to innovation while maintaining safeguards to limit the risks to students and taxpayers. These proposed regulations build upon Secretary DeVos' call for institutions, educators, and policy makers to "rethink higher education" and find new ways to expand educational opportunity, demonstrate the value of a postsecondary credential and lifelong learning, and reduce costs for students and schools. The Department published the Notice of Proposed Rulemaking in the Federal Register for a 30-day public comment period which ends May 4, 2020. Following the comment period, the Department will publish a final regulation prior to Nov. 1, 2020. 

U.S. Secretary of Education Betsy DeVos announced new flexibilities for career and technical education (CTE) leaders who are required to submit their local CTE plan for FY 2020-2023 under the Strengthening Career and Technical Education Act for the 21st Century Act (Perkins V) by April 15, 2020. The Secretary has decided to use transition authority to provide an extension for states that need additional time to submit their Perkins V state plans, allow states and local Perkins recipients to receive their first installment of Perkins V funds on time—even if they need an extension, and allow states to provide funding recipients additional time to complete their applications. Information on the new flexibilities was provided to local leaders through a new Q&A document which can be found here.

Education Secretary Betsy DeVos’ new proposed Title IX rule has been cleared by the White House and could be issued soon, despite pleas for postponement until the coronavirus national emergency is over.

A group of for-profit colleges appealed a federal judge’s ruling upholding an Obama-era policy that largely bans colleges from using mandatory arbitration agreements. The California Association of Private Postsecondary Schools filed a notice that it was appealing to the D.C. Circuit Court of Appeals a lower court’s ruling from January that rejected its legal challenge to the restrictions on arbitration. The policy, which is part of the 2016 “borrower defense to repayment” rule, prohibits colleges from forcing their students to settle complaints against their school through arbitration rather than in court. It also prevents colleges from requiring that their students sign away their legal right to band together in class-action lawsuits.

April 2, 2020 – The Department proposed a revision of the EZ-Audit: Electronic Submission of Financial Statements and Compliance Audits information collection system. eZ-Audit is a web-based process designed to facilitate the submission of compliance and financial statement audits, expedite the review of those audits by the Department, and provide more timely and useful information to public, non-profit and proprietary institutions regarding the Department's review. The revisions to this collection is a result of enhancements made to the current system to collect the compliance audits/financial statements in the appropriate format (e.g. revised question text and required uploads) from the foreign institutions that are required to submit audits in accordance to the Department's regulations and to allow electronic submission of compliance audits/financial statements from the entities identified above. Revisions to financial statements information are to meet the new borrower defense regulations. 

The Department published in the Federal Register a proposal to extend the Loan Rehabilitation: Reasonable and Affordable Payments information collection system. Borrowers who have defaulted on their Direct Loan or FFEL Program loans may remove those loans from default through a process called rehabilitation. Loan rehabilitation requires the borrower to make 9 payments within 10 months. The payment amount is set according to one of two formulas. The second of the two formulas uses the information that is collected in this form. The form makes it easier for borrowers to complete through simplified language, and easier for loan holders through a uniform, common format. 

April 3, 2020 – In an electronic announcement, the Department released additional guidance that expands upon the Department’s March 5, 2020, guidance and provides additional regulatory flexibilities due to the lawful declaration of the COVID-19 national emergency. The guidance comes as colleges and universities are anxious for their slice of more than $14 billion in direct aid from the coronavirus stimulus package, H.R. 748 (116). They are still waiting on answers from the Education Department on how or when it plans to distribute the funding. The guidance extends the emergency flexibility to any payment period or term beginning between March 5 and June 1, “Unless otherwise specifically stated in the guidance document, the emergency flexibilities set forth remain effective until and through June 30, 2020, unless the payment period crossover extends over award years and is attached to the 2019-2020 award year.” FSA said the extension reflects President Donald Trump’s recommendation for social distancing until April 30 and possibly longer. The Department said it could prolong the guidance if necessary.
 

The Department published a notice in the Federal Register proposing an extension of the Consolidation Loan Rebate Fee Report information collection system. The information collected on the Consolidation Loan Rebate Fee Report will be used to document Federal Consolidation loans held by lenders who are responsible for sending interest payment rebate fees to the Secretary of Education using ED Form 4-619.

The Department published a notice in the Federal Register proposing an extension of the William D. Ford Federal Direct Loan Program—150% Limitation information collection system. On July 6, 2012, the Moving Ahead for Progress in the 21st Century Act (MAP-21)was signed into law. MAP-21 included two changes to the William D. Ford Federal Direct Loan (Direct Loan) Program. Specifically, MAP-21 amended section 455 of the Higher Education Act of 1965, as amended (HEA) to extend the 3.4 percent fixed interest rate that applies to Direct Subsidized Loans made to undergraduate students to loans for which the first disbursement is made before July 1, 2013. Second, the law placed a limit on Direct Subsidized Loan eligibility for new borrowers on or after July 1, 2013. The Department is requesting an extension of the current information collection. 

April 4, 2020 – President Donald Trump plans to nominate Andrew A. De Mello as the inspector general of the Education Department. De Mello is a trial attorney in the DOJ Tax Division but has been on detail for the past several months as senior special counsel at the Homeland Security inspector general’s office. If confirmed by the Senate, De Mello would take the helm of oversight of the Education Department as the agency prepares to dole out more than $30 billion in emergency education assistance under the coronavirus economic stimulus law.

 

U.S. Department of Treasury 

April 1, 2020 – The U.S. Department of the Treasury has published application information related to the Paycheck Protection Program. Small businesses may start applying as early as April 3, 2020. Interested businesses are encouraged to apply quickly as there is a funding cap. In short, the Paycheck Protection Program provides small businesses with funds to pay up to 8 weeks of payroll costs including benefits. Funds can also be used to pay interest on mortgages, rent, and utilities. Small businesses and eligible nonprofit organizations, Veterans organizations, and Tribal businesses described in the Small Business Act, as well as individuals who are self-employed or are independent contractors, are eligible if they also meet program size standards. 


Recently Introduced Federal Legislation
 

H.R.6442 – To provide Americans with paid sick time and paid leave so that they can address their own health needs and the health needs of their families.

a.         Status: Referred to the Committee on Education and Labor, and in addition to the Committees on Ways and Means, Oversight and Reform, House Administration, and the Judiciary, 4/3/20
b.         Sponsor: Rep. Rosa DeLauro (D-CT) 37 Cosponsors

 

H.R.6430 – To require that school food authorities and local educational agencies not collect unpaid meal fees during the COVID-19 pandemic, and for other purposes.

a.        Status: Referred to the House Committee on Education and Labor, 4/3/20
b.        Sponsor: Rep. Ilhan Omar (D-MN) 27 Cosponsors

 

State Update

Idaho, Texas and Washington Post Rulemaking Notices 

As state legislative activity continues to be disrupted by the ongoing Coronavirus (COVID-19) outbreak, this week’s update will focus on recent state regulatory notices.  These are listed by state. 

Please do not hesitate to contact Brian Newman at bnewman@abingdonstrategies.com or by phone at 202-491-5254 with comments or questions.

 

Idaho Division of Occupational and Professional Licenses - Notice of Intent to Promulgate Rules – Negotiated Rulemaking 

IDAPA 24 – Division of Occupational and Professional Licenses
24.28.01 – Rules of the Barber and Cosmetology Services Licensing Board
Docket No. 24-2801-2001
Notice of Intent to Promulgate Rules – Negotiated Rulemaking

MEETING SCHEDULE:
A public meeting on the negotiated rulemaking will be held as follows: 

PUBLIC MEETING
Monday, June 1, 2020 at 8:30 a.m. (MDT)

Idaho Division of Occupational & Professional Licensing
700 W. State Street
First Floor
Boise, Idaho 83702 

Additional Information can be found here (page 140 of the PDF)


Texas Department of Licensing and Regulation

TDLR Adopts Amendments to Administrative Rules

April 3, 2020

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to the Cosmetologists program rules at (16 Texas Administrative Code, Chapter 83, §§83.10, 83.20 - 83.23, 83.25, 83.28, 83.52, 83.70, 83.72, 83.74, 83.80, and 83.120; and new rule §83.77). The adopted rules implement necessary changes as required by House Bill (HB) 2847, 86th Legislature, Regular Session (2019), lowering the number of hours required to obtain an Operator License from 1,500 to 1,000, increasing the inspection cycle for establishments that provide certain services, and providing for the regulation of remote service businesses and digitally prearranged remote services. The adopted rules also reduce regulatory burdens and provide more clarity to the industry by using updated and standardized terminology. 

The adoption justification was published in the March 6, 2020, issue of the Texas Register (45 TexReg 1693). The updated rule chapter is available since its effective date of March 15, 2020. 

 

Washington State Department of Licensing – Preproposal Statement of Inquiry

Subject of Possible Rule Making: Chapter 308-20 WAC, cosmetology, barber, manicurist, esthetician.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Existing language is ambiguous, amending rules to provide for consistency in the application and complement new system efficiencies. 

COVID-19 Resources 

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’s COVID-19 Information Page 

National Governors Association Coronavirus Updates

 

State Bill Enactment 

Utah SB 23

The bill makes modified provisions related to the Division of Occupational and Professional Licensing.  Provisions of interest to AACS member schools include the establishment of 1,600-hour hair design apprenticeships and the removal of the state’s “good moral character” provision for licensure. 

Upcoming State Legislative Hearing 

CANCELLED – April 13, 2020 – Louisiana House Commerce Committee Hearing

CANCELLED – April 13, 2020 – Louisiana House Commerce Committee Hearing on HB 660 and HB 695
HB 660 would provide for the licensure of advanced estheticians.  HB 695 revises certain licensure fees and provides that assessed fees are nonrefundable.

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