National Association of State Directors of Career
Technical Education Consortium (NASDCTEc)

Posts Tagged ‘HEA’

NASDCTEc Legislative Update: Congress Aims to Move Past No Child Left Behind as Funding Deadline Edges Closer Once More

Tuesday, November 24th, 2015

United States CapitalCongressional negotiators have announced an agreement on the long overdue reauthorization of the Elementary and Secondary Education Act (ESEA)— the law formerly known as No Child Left Behind (NCLB). Due for reauthorization since 2007, lawmakers have struggled to find consensus for how to address NCLB’s most readily apparent flaws while honoring its long legislative legacy rooted in the civil rights movement.

As we shared earlier this summer, both the House  and the Senate passed respective bills to reauthorize ESEA. Since that time both Chambers have been working on a bipartisan and bicameral basis to develop a framework agreement that would serve as the basis for a compromise between the two proposals. Last week that framework was announced along with the creation of a formal conference committee— a move that has been exceptionally rare over the past decade.

ESEA conferees were announced last week and met twice before approving this framework (along with a few amendments) last Thursday by a margin of 39-1. A summary of this framework agreement— now known as the “Every Child Succeeds Act” or ESSA— can be found here.

It is important to note that this agreed upon framework must now be turned into a final bill and Congressional staff are now busy translating the aspects of this agreement into formal legislative text. That text must then be approved by both Chambers of Congress and signed into law by the President. The conference report and final text of ESSA is expected to be available on November 30th. The House is expected to consider the legislation shortly after this followed by the Senate. Lawmakers are aiming for final passage before the end of this December.

While the official legislative text has not been finalized, ESSA seeks to significantly roll-back the federal role in K-12 education by providing states broad authority (and flexibility) for how to implement the law. A broad overview of the agreement’s main contours can be found here.

NASDCTEc will provide a detailed analysis of ESSA’s CTE-related provisions of interest once it has been finalized and will continue to keep the CTE community abreast of this ongoing reauthorization effort.

Congress Passes Budget Agreement Providing Temporary Relief from Sequester Caps

As we shared previously, Congress passed and the President signed into law the “Bipartisan Budget Act of 2015” (BBA) which provides $80 billion in sequester relief over the next two fiscal years by temporarily raising current limits on federal spending (known as sequester caps) through FY 2017 for both defense and non-defense discretionary programs.

The deal also suspends, but does not raise the nation’s “debt ceiling” through March 15, 2017 putting the twin issues of federal spending and the nation’s debt limit off until after the upcoming 2016 presidential election.

Currently the federal government is operating on a “continuing appropriations resolution” (CR) which temporarily extended FY 2015 funding levels into the current 2016 federal fiscal year which began on October 1st of this year. This CR expires on December 11th, 2015 and Congress must act before that time to pass funding legislation to avert another government shutdown.

Although the BBA agreement provides an overall increase for how much funding is available to Congressional appropriators for federal Fiscal Years 2016 and 2017, those same lawmakers must still pass separate legislation designating specific dollar amounts for individual agencies and departments which administer federal programs such as the Carl D. Perkins Act (Perkins).

That process is currently underway and ahead of it NASDCTEc and the Association for Career and Technical Education (ACTE) sent a letter to the Chairmen and Ranking Members of the House and Senate Appropriations committees urging them to restore Perkins funding to at least pre-sequestration levels or $1.123 billion for the law’s basic state grant program.

As a reminder Perkins derives its funding from the Labor-HHS-ED appropriations bill whose subcommittee has been given an overall allocation of $161.69 billion—a $5 billion increase over the FY 2015 level. That extra $5 billion in the FY 2016 Labor-HHS-ED 302(b) allocation must now be divided up among many programs, including Perkins, that are all competing for a portion of these newly available funds.

In an effort to ensure that Perkins funding is restored through this process, please be sure to contact your member of Congress to remind them about the importance of investing in CTE.  As the federal appropriations process continues and the December 11th deadline draws closer, be sure to check back here for more updates on Perkins funding.

Postsecondary CTE Bills Introduced in the House

Earlier this month two separate proposals to boost federal financial aid support for postsecondary CTE programs were introduced in the House.

The first of these, known as the Jumpstarting our Businesses by Supporting Students (JOBS) Act, was introduced by Reps. Cedric Richmond (D-LA) and Brenda Lawrence (D-MI). The JOBS Act is a companion bill to an earlier Senate proposal sponsored by Sens. Tim Kaine (D-VA) and Kelly Ayotte (R-NH). The legislation aims to change current program edibility requirements for the federal Pell grant program to serve more students who are enrolled in qualifying shorter-term postsecondary CTE programs.

The CTE Opportunity Act, another companion bill to an earlier Senate proposal, was recently introduced by Reps. Tammy Duckworth (D-IL) and Ryan Costello (R-PA). House CTE Caucus co-Chairs Reps. Glenn “GT” Thompson (R-PA) and Jim Langevin (D-RI) also cosponsored this bill which would increase access to federal financial aid available under Title IV of the Higher Education Act for qualifying shorter-term postsecondary CTE programs. Read more about the legislation here.

NASDCTEc supported both of these proposals and looks forward to the reauthorization of the Higher Education Act where this policy recommendation and many more can be fully realized.

Odds & Ends

Steve Voytek, Government Relations Manager 

By Steve Voytek in Legislation, News, Public Policy
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NASDCTEc Legislative Update: Focus Shifts to Higher Ed as ESEA Work Continues Amid Duncan Retirement

Friday, October 16th, 2015

United States CapitalA lot has happened over the past few weeks on Capitol Hill, particularly with regards to Congressional efforts to reauthorize key pieces of legislation for K-12 and postsecondary education. With fall in full swing, we wanted to take a moment to re-cap all of the activity over the past few weeks as we look ahead for what the rest of the year has in store for the Career Technical Education (CTE) community. Below is Part II in a two-part series of autumnal legislative updates.

Senate CTE Caucus Highlights Importance of CTE within HEA

Late last month, the Senate Career Technical Education (CTE) Caucus hosted a briefing for congressional staff titled “Postsecondary Pathways to Success: Strengthening Career and Technical Education in the Higher Education Act.” John Cech, Deputy Commissioner for Academic and Student Affairs for the Montana University System who is also a NASDCTEc member and State CTE Director for Montana, participated in this briefing.

John’s remarks grounded the panel’s discussion with a sense of relevancy and urgency saying, in part, “. . . the basic infrastructure of our society depends largely on our nation’s ability to produce new graduates at the two-year college level, in addition to the university degrees that are the traditional focus of the national postsecondary dialogue.”

The panel had four overarching recommendations for the reauthorization of the Higher Education Act (HEA) which would infuse the law with a much-needed focus on CTE:

Duncan Makes for the Exit as ESEA Work Continues

Earlier this month, U.S. Secretary of Education Arne Duncan announced that he will resign from his post at the end of the year. Duncan is the longest serving cabinet member in the Obama Administration and came into the position after serving as CEO of Chicago Public Schools for seven years.

John B. King Jr., who has been Deputy Secretary of Education since January of this year, will replace Duncan as the next Secretary of Education pending Senate approval.

Duncan’s tenure as the head of the U.S. Department of Education (ED), particularly the ESEA flexibility system granting waivers to states from many provisions contained in No Child Left Behind (NCLB), has been one of the main motivations behind Congressional activity to reauthorize the Elementary and Secondary Education Act (ESEA) this year.

As we have shared previously, both Chambers of Congress were successful in passing rewrites of the law earlier this summer. Currently, lawmakers from the Senate and House Education Committees have been engaged in conference negotiations to reconcile the differences between the two bills. These discussions are still ongoing.

More recently, Democratic Senators Murphy (D-CT), Warren (D-MA), and Booker (D-NJ) hosted a roundtable discussion with Secretary Duncan and Deputy Secretary King focused on accountability issues within ESEA reauthorization. Holding states and local communities accountable for student achievement has been one of the most polarizing issues during the reauthorization process for ESEA and many Congressional Democrats, along with the White House, hope to strengthen such accountability provisions in a final bill when conference negotiations wrap-up.

Despite the progress being made in ESEA conference negotiations, a pathway forward for a bill containing stronger accountability requirements than what is currently in either the Senate or the House rewrites— something the Obama Administration and many Democrats would like to see— remains an uphill battle. As with much of the Congressional agenda this fall, the outcome of the race to replace Speaker Boehner will likely have a significant impact on ESEA’s chances of passage in the 114th Congress. As the Thomas B. Fordham Institute points out, ESEA’s chances are a hard “maybe” at this point.

Obama Administration Pushes Forward on a Number of Higher Ed Initiatives

Congressional efforts to reauthorize HEA are still ongoing and in lieu of a comprehensive proposal from Congress, the Obama Administration has continued to prioritize higher education issues. For instance the Office of Management and Budget, recently released the Admisntration’s final set of ‘Agency Priority Goals’ which outlines ED’s objective to increase the percentage of adults aged 25-34 who have an associate’s degree or higher to nearly 50 percent by 2017.

Late in September, ED also released much anticipated guidance for experimental sites who are pursuing innovative models of awarding federal financial aid for competency-based education (CBE) programs. These sites were first announced in 2014 as part of the experimental sites initiative authorized under HEA. The new “CBE Experiment Reference Guide” can be used both for the institutions and accrediting bodies participating in the initiative, as well as for institutions who might like to pursue CBE programs in the future. More information on the guidance can be found here. U.S. Undersecretary of Education Ted Mitchell has also announced that ED intends to expand this initiative by the end of the year.

Another round the experimental sites initiative was announced earlier this week. Named the “Educational Quality through Innovative Partnerships” (EQUIP) experiment, ED is currently soliciting applications to support partnerships between colleges and universities and “non-traditional” providers of education, such as shorter-term job training programs or Massive Open Online Courses (MOOCs). Eligible programs would need to lead to a degree or certificate, articulate to academic credit, and be aligned to high-demand, high-growth economic sectors. More information on the announcement here.

Earlier this summer, the White House celebrated innovation within CTE and First Lady Michelle Obama announced that ED and her office’s “Reach Higher Initiative” would work together to launch a mobile app development challenge to create a user friendly tool for students to learn more about career pathways and other educational opportunities available to them. This month the First Lady officially launched the competition, making available $225,000. Applications are due no later than December 6, 2015—more information on the challenge can be found here and here.

Odds & Ends

Steve Voytek, Government Relations Manager

By Steve Voytek in Legislation, News, Public Policy
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NASDCTEc Legislative Update: A Pile of Work Awaits Congress in September as the CTE Presidential Scholars Program Continues to Take Shape

Tuesday, August 18th, 2015

United States CapitalThe annual Congressional August recess is in full swing, with most lawmakers and staff spending the time off in their districts and home states with constituents. This four week respite from the daily Congressional grind will be short-lived, as lawmakers will be faced with a tremendous amount of work upon their return to Capitol Hill. In addition to the fast approaching September 30th deadline to fund the federal government and programs, Congress will also have to raise the debt ceiling sometime later this fall, renew funding for public works and infrastructure projects, weigh in on the Administration’s Iran deal, successfully conference an Elementary and Secondary Education Act (ESEA) bill, and address a host of other outstanding issues all in the coming months.

Ironically, the heavy workload this fall is a product of Congress’ own making—many of these issues were considered as recently as this year and were temporarily put aside as compromise proved to be too difficult. As a result, lawmakers will likely be grappling with many of the above issues simultaneously and the ones related to federal funding, such as the need to raise the debt ceiling and fund federal programs for FY 2016, will likely have resolutions that are closely intertwined. While a clear path forward is still far from certain, Congressional leadership will be weighing many different options. However, with only 10 legislative days left when they return, a “Continuing Appropriations Resolution” or CR—a temporary extension of current funding levels into the next federal fiscal year— is growing increasingly more likely.

Lying at the heart of this stalemate are Republicans and Democrats who remain at odds over the sequester caps imposed by the Budget Control Act of 2011 (BCA). These limits on federal spending, have hampered Congress’ ability to piece together the 12 appropriations bills necessary to fund the federal government. Without changes to the underlying BCA legislation, a move appropriators from both Parties say they want, finding compromise on FY 2016 funding has been extremely difficult.

With the upcoming ESEA conference between the House and the Senate scheduled to follow the current recess, this current impasse over funding will likely be significant hurdle for the conferees to overcome as this battle will likely play out before or during those talks.

NASDCTEc has continued its work on both of these fronts where we have encouraged lawmakers to retain the important CTE provisions found in both the House and Senate ESEA bills while separately calling for an end to the damaging sequester caps that have undercut the federal investment in CTE.

As Congress spends its time meeting with their constituents this month, NASDCTEc invites the wider CTE community to reach out to their members of Congress to reinforce importance of these two goals as the summer draws to an end. Be sure to check back here as things continue to develop.

The JOBS Act—Making Pell Work for Students

Prior to the August recess, Senator Tim Kaine (D-VA), co-chair of the Senate CTE Caucus and a long-time champion of CTE, introduced the Jumpstart Our Businesses by Supporting Students (JOBS) Act (S. 1900)—a bill that would extend Pell grant program eligibility to students enrolled in qualifying short-term training programs.

Under current law the Pell Grant program— like other federal financial aid available under Title IV of the Higher Education Act (HEA)— is not available to students taking “noncredit courses.” Postsecondary CTE programs, which typically offer certifications or other postsecondary credentials, often fall under this category. Current Pell Grant program eligibility requirements have a minimum seat-time of 300 instruction hours over the course of at least 16 weeks. This frequently leaves out short-term postsecondary CTE programs which are essential to equipping students with the relevant skills needed for the 21st century economy— something that NASDCTEc encourages Congress to address during the reauthorization of HEA.

The JOBS Act seeks to address this issue by reducing those program length requirements by half, to at least 150 clock hours over a period of 8 weeks. In order to qualify, programs must be offered at a postsecondary institution, which would include area CTE centers and community colleges, lead towards the completion of a recognized postsecondary credential (as defined by the Workforce Innovation and Opportunity Act), and be aligned to area workforce needs.

NASDCTEc was extremely pleased to support and endorse this legislation upon its introduction and remains hopeful that these ideas make their way into the wider reauthorization of HEA. Read more about the bill here.

Presidential Scholars Program Continues to Take Shape

As we shared a few months ago, President Obama signed an amendment to Executive Order 11155—a move that expanded the existing Presidential Scholars program to include up to 20 CTE students each year in the program.

The first year of this expansion will take place in the upcoming 2015-16 school year where the Chief State School Officers will nominate CTE scholars based on five criteria: academic rigor, technical competency, ingenuity / creativity, and the degree to which the student represents “the nation’s economic sectors and demographic characteristics.”

Student nominations are due from each Chief State School Officer by October 15, 2015 where the next step of the process will require additional application materials from selected students. By May 2016, the Commission on Presidential Scholars will announce the list of students to be honored at the White House in June.

The U.S. Department of Education’s Office of Career, Technical and Adult Education (OCTAE) has encouraged State CTE Directors to engage with their State’s chief school officer ahead of the nomination process and to more widely disseminate the announcement. More detailed information can be obtained on OCTAE’s PCRN website and general information about the expansion can be found here.

Steve Voytek, Government Relations Manager 

By Steve Voytek in Legislation, News, Public Policy
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NASDCTEc Legislative Update: Federal Funding Deadline Looms as Congress Looks to Higher Ed after ESEA Push

Wednesday, July 29th, 2015

United States CapitalSeptember 30th is quickly approaching and with it an end to the current 2015 federal Fiscal Year (FY). With only 12 legislative days left on the Congressional calendar until this deadline and the Congressional August recess set to begin later this week, lawmakers and the Obama Administration are still grappling with how to fund the federal government beginning on October 1st—the first official day of FY 2016.

Congressional appropriations committees in both the House and the Senate successfully passed the 12 necessary funding bills to fund federal programs—an achievement not seen in over six years and aided by unified Republican control of both Chambers of Congress. Despite this accomplishment, these funding bills all adhere to the Budget Control Act of 2011’s (BCA) statutorily mandated ‘sequester caps’ that dramatically reduce funding for many domestic programs, including education and relatedly the Carl D. Perkins Act (Perkins) which would receive approximately $3.6 million in reduced funding for national activities while providing level funding for the law’s state grant program.

These caps significantly limit the amount of funding available for all federal discretionary programs, severely impacting education and other domestic spending priorities that are dear to Congressional Democrats and the Obama Administration. As such, lawmakers and the White House have been in a protracted stand-off over how to fund the federal government later this fall.

As September quickly approaches, the likelihood of another ‘Continuing Appropriations Resolution’ (CR) is rapidly increasing. House Speaker John Boehner (R-OH) conceded as much at a recent press conference saying, “it’s pretty clear given the number of days we have here in September that we’re going to have to do a CR of some sort.”

In response to the gridlock, nearly all Congressional Democrats, and an increasing amount of Republicans, have begun to call for a broader budget deal outside the scope of the normal appropriations process.  Such a deal could address the underlying problem of the sequester caps, even temporarily, to relieve some of the fiscal pressures created by the BCA. Much like what the Bipartisan Budget Act of 2013 did for the previous two fiscal years, an agreement later this year would be the best case scenario for making much needed investments in education and workforce development programs possible, particularly for the Perkins Act.

NASDCTEc remains committed to this type of agreement and we encourage the CTE community to urge members of Congress to tackle this challenge head-on, rather than passing stop-gap measures such as a CR at the expense of longer term agreements that allow for greater investments in critically important programs such as the Perkins Act. Be sure to check back here for more updates and analysis as things continue to play out on Capitol Hill.

Congress Pivots to Higher Ed

As we’ve shared previously, both education committees in the House and the Senate have prioritized the reauthorization of the Higher Education Act (HEA) in this Congress. Due for reauthorization since 2013 and extended to this year for further consideration, the law governs nearly all federal financial aid programs for postsecondary education. Issues such institutional accreditation, supporting innovation in postsecondary education, financial aid risk sharing, the role of consumer information and data, and campus sexual assault have all been the subject of hearings and discussions in both Chambers as lawmakers gear up for the law’s renewal.

In the Senate, HELP Committee Chairman Lamar Alexander (R-TN) and Ranking Member Patty Murray (D-WA) announced four staff-level working groups earlier this year focused on four key areas that they hope to address in the upcoming reauthorization process: accountability, accreditation, college affordability / financial aid, and campus sexual assault / safety. It is hoped that these groups can work through these issues on a bipartisan basis prior to the committee and later the full chamber considering full reauthorization legislation.

More recently, the Committee held a hearing exploring barriers to innovation in postsecondary education. Members focused on the role that regulations (and at times overregulation) have in stymieing innovation within the higher education system, how to address current funding structures that are tied to the credit hour in order to better support competency-based learning programs, and the need to expand HEA’s experimental sites initiative to allow for more experimentation, among other topics. More on the hearing can be found here.

In the House, members of the Education and Workforce (HEW) Committee introduced a series of four bipartisan higher education bills that they hope to piece together later on to form the basis for their proposal for the law’s renewal. These bills seek to simplify the student aid process, improve consumer access to relevant data and information to make informed decisions on where to go to school, and strengthen loan counseling to improve students’ financial literacy when making decisions about their financial aid. Of particular note is the Flexible Pell Grant for 21st Century Students Act (H.R. 3180) introduced by Reps. Elise Stefanik (R-NY), Carlos Curbelo (R-FL), and Ruben Hinojosa (D-TX) which would reinstate “year-round” Pell Grants for qualifying students in accelerated programs—a move NASDCTEc supports in future HEA legislation. More on that bill can be found here and information related to the all of the bills is located here.

The Obama Administration has also repositioned itself ahead of possible HEA consideration. Speaking at UMBC earlier this week, U.S. Secretary of Education Arne Duncan delivered a speech on HEA which encouraged the higher education community to not just focus on the rising specters of college debt and cost, but also on student outcomes and educational quality. More on his remarks can be found here.

Lawmakers Seek to Give FERPA a Facelift

The Student Privacy Protection Act (H.R. 3157) was recently introduced by Reps. Todd Rokita (R-IN) and Marcia Fudge (D-OH) of the HEW Committee. The bill seeks to update the Family Educational Rights and Privacy Act (FERPA) by barring schools and private companies from selling student information, creating minimum data security protocols, and allowing parents greater access and control over their child’s information. The legislation is one of several proposals from both Chambers of Congress that seek to modernize the law to reflect changes in the digital education landscape. At present, the U.S. Department of Education (USDE) enforces provisions under FERPA governing how companies handle student data. However, competing proposals in the Senate would hand that responsibility over to the Federal Trade Commission (FTC) to enforce these rules more vigorously.

Odds & Ends

USDE and the U.S. Department of Labor (DOL) are requesting public comment on proposed templates and data definitions for performance information required under the Workforce Innovation and Opportunity Act (WIOA). The comment period is open for 60 days and must be submitted by September 21 at: (Docket ID is ETA-2015-0007). Last week marked WIOA’s first birthday.

The final text of the Senate’s Every Child Achieves Act (S. 1177) was released this week. The bill is the Chamber’s proposal to reauthorize the Elementary and Secondary Education Act (ESEA) and now bicameral negotiations are about to begin to reconcile it with the House’s ESEA proposal the Student Success Act (H.R. 5). More information on the debate can be found here and a great breakdown of where key issues stand in the wider discussion can be found here.

Steve Voytek, Government Relations Manager

By Steve Voytek in News, Public Policy
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Legislative Update: Reauthorization Efforts Push Ahead for ESEA, WIOA NPRM Comment Period Ends as Funding Battles in and HEA Reauthorization Continue in Congress

Thursday, June 18th, 2015

CapitolAfter a flurry of legislative activity in the Senate early last month, the Health, Education, Labor and Pensions (HELP) Committee successfully reported out the Every Child Achieves Act (ECAA) from the committee—legislation aimed at reauthorizing the Elementary and Secondary Education Act (ESEA). Read our earlier coverage of the legislation here and the text of the bill, as reported out of committee, here. ECAA is the product of bipartisan negotiations between HELP Committee Chairman Lamar Alexander (R-TN) and Ranking Member Patty Murray (D-WA) and marks the closest either Congressional chamber has come towards reauthorizing ESEA in several years.

Since clearing the HELP committee last month, lawmakers on and off the committee have been gearing up for the Chamber’s full consideration of the legislation, finalizing a series of amendments that lawmakers from both sides of the aisle hope will improve the largest annual federal investment in K-12 education. As currently written and amended, ECAA has a number of notable Career Technical Education-related provisions:

NASDCTEc expects ECAA to most likely be brought up for full Senate consideration shortly after the July 4th Congressional recess, but the possibility of the bill being brought to the floor sooner still remains a goal of many in the Chamber. However, with defense-related legislation currently up for debate, the window for consideration is quickly closing. Lawmakers will have to decide between ECAA and additional trade legislation later today which will ultimately determine the timeline for ECAA’s consideration. Nevertheless, NASDCTEc is continuing to work and support a number of promising CTE-related amendments in the upcoming debate, whenever that may be.

Shifting over to the House, H.R. 5 or the Student Success Act still remains on hold after the Chamber pulled the bill from floor consideration earlier this year. In May, Majority Leader Kevin McCarthy (R-CA) released a memo outlining his caucus’ June agenda which included the possibility of further consideration of the bill. However, no formal action has been taken since that time. Nevertheless, there has been new talk about the legislation being brought to the floor under a new rule relatively soon that will allow members of the House to vote on several amendments before final passage. If both Chambers pass their respective ESEA proposals, the next hurdle will be reconciling the two bills—a challenging feat considering the large differences between ECAA and the Student Success Act.

As both of these processes unfold, be sure to check back here for updates on ESEA activity and what that means for the wider CTE community.


Late last year, Congress passed the Workforce Innovation and Opportunity Act (WIOA)—legislation that reauthorized the Workforce Investment Act (WIA). Passed by overwhelming bipartisan majorities, the bill’s passage was only the first step in what will be an extensive implementation process. Since that time, the U.S. Departments of Labor (DOL), Education (USDE), and Health and Human Services (HHS) have been hard at work drafting proposed rules for carrying out WIOA’s new provisions. After missing their statutory deadline earlier this year, the Departments finally released these proposed rules in what is known as a Notice of Proposed Rulemaking (NPRM). The regulations, which can be viewed here, were released in five separate releases, each focused on different aspects of WIOA and were opened up to the public for comment and further discussion.

NASDCTEc, along the Association of Career and Technical Education (ACTE), participated in this comment period and issued a joint response that can be viewed here. It is important to note that the NPRM’s remain simply a proposal until the Departments finalize these rules by January 2016. So long as the Departments adhere to this statutory deadline, the CTE community can expect much more clarity regarding the law’s implementation at that time.

Nevertheless, throughout the NPRMs, the Departments make many references to “future joint planning guidance” as it relates to WIOA’s combined state planning provisions—a state plan option available under the new law that could allow Perkins programs to be included in a state’s overall plan for its WIOA activities. While a specific release date for that guidance remains uncertain, NASDCTEc remains hopeful that the Departments will expedite its release to support further state planning and a greater degree of cross systems collaboration.

Postsecondary Education Updates

In addition to prioritizing the reauthorization of ESEA, the education committees in both the House and the Senate have also set to work to renew the Higher Education Act (HEA)— legislation that governs the nation’s largest investment in postsecondary education among many other important features. As the reauthorization process for ESEA continues, lawmakers from both Chambers have reiterated their desire to pursue HEA reauthorization later this autumn.

Since that time, HEA activity has primarily centered in the Senate where HELP Committee Chairman Lamar Alexander (R-TN) recently solicited public input on a series of white papers focused on three broad issues the committee would like to tackle in a newly reauthorized HEA:

NASDCTEc and ACTE provided formal comments on the accreditation and consumer information pieces as a supplement to the comments both organizations endorsed and supported from the Postsecondary Data Collaborative. Following the comment period, the HELP Committee has hosted two hearings on issues related to the topics covered in these papers. A helpful overview of the hearing on consumer information can be found here and more information related to yesterday’s hearing on accreditation can be found here. In between these hearings, both the Chairman and the Ranking Member of the HELP Committee announced staff working groups to address four major issues related to the reauthorization process on accountability, accreditation, financial aid, and campus safety.

One of the most critical issues for NASDCTEc during the HEA reauthorization process has been repealing the ban on the creation of a postsecondary student unit record system (read NASDCTEc’s full HEA priorities here). In May, Senators Rubio (R-FL), Wyden (D-OR), and Warner (D-VA) reintroduced the Student Right to Know Before You Go Act (S. 1195) which would do just that. By amending HEA, the bill would require postsecondary institutions who are Title IV eligible to submit student-level data to USDE. This data would then be matched with tax data from the Social Security Administration to produce aggregated information on median student earnings for programs at two, six, and 15 years after completion. The information would be disaggregated by various student groups with the aim of sharing this information with the broader public who could then make more informed choices about postsecondary education. NASDCTEc was strongly supportive of this legislation and it is important to note that elements of this bill have begun to gain some traction in the wider HEA reauthorization process.

In the postsecondary regulatory arena, USDE’s final “Gainful Employment” regulations have cleared a significant legal obstacle, with a U.S. District Court judge tossing out the Association of Proprietary Colleges’ lawsuit over the new rules. A separate lawsuit, from the Association of Private Sector Colleges and Universities, is still ongoing and barring any further judicial interventions stemming from that case, the new regulations will go into effect starting July 1, 2015.

USDE also recently released important institutional guidance on student eligibility for Pell Grants and other federal financial aid programs authorized under Title IV of HEA. The letter provides further clarification regarding the recent restoration of HEA’s “ability-to-benefit” (ATB) provision which allows students who do not have a high school diploma to receive financial aid if enrolled in an eligible career pathway program. The letter clarifies what a career pathway program must do to be eligible under this provision and clarifies the dates of eligibility for students enrolling before or after July 1, 2015. NASDCTEc has continued to advocate for ATB provisions in the next iteration of HEA and remains hopeful that this option will be strengthened for students moving forward.

House Marks Up Perkins Funding Bill

Following up on what we shared Tuesday, the House appropriations subcommittee on Labor, Health and Human Services, and Education (Labor-HHS-ED) successfully reported out an appropriations bill yesterday after a two hour hearing on the draft bill. USDE, along with the Perkins Act, both derive funding from this legislation. Although it still remains unclear how much funding the drafters of the bill intend to designate to CTE and the Perkins Act, the bill would dramatically reduce funding for USDE’s discretionary budget.

It is important to note that this cut is the result of Congress’ self-imposed sequester caps for this fiscal year and fiscal years into the next decade, as mandated by the Budget Control Act of 2011 (BCA). One of the main themes throughout the hearing was the need to change the underlying BCA legislation to increase these caps in order to design an appropriations bill that can adequately fund much needed investments in education and workforce development programs— a desire expressed by members of both parties.

Nevertheless, all Democratic amendments that were put forward to increase funding for various portions of the bill were voted down along party lines, ostensibly because such proposals would violate the sequester caps. The bill is now moving on to the full House appropriations committee where it is expected to be marked up sometime next week. A draft report and table for the bill— which will include more specific information related to Perkins funding— will be released 24 hours prior to this markup.

NASDCTEc is also expecting similar appropriations activity in the Senate, beginning as early as next week. Be sure to check back here for further updates and analysis of the Congressional appropriations process and what that means for the CTE community.

Odds and Ends

Steve Voytek, Government Relations Manager 

By Steve Voytek in Legislation, News, Public Policy
Tags: , , , ,

Spring Meeting Recap: HEA and Other Postsecondary CTE Initiatives

Monday, April 20th, 2015

While a long-needed update to the federal law governing U.S. elementary and secondary education winds its way through Congress, advocates are hoping the next critical reauthorization on lawmakers’ agendas will be the Higher Education Act (HEA).

Or perhaps it should be said – advocates are hopeful but not optimistic about HEA’s chances of reauthorization during the 114th Congress. Advocates and an Obama Administration official shared their perspectives about postsecondary education with NASDCTEc members during the 2015 Spring Meeting.

David Baime, senior vice president for government relations and research at the American Association of Community Colleges, called the reauthorization of HEA “of critical importance to vocational and training programs.”

Baime said the law primarily focuses on student financial assistance, which includes the ever-important Pell grants. Baime said 20 percent of revenues for community colleges – roughly $11 billion a year – are tied to students who receive money through Pell grants. AACC’s HEA policy recommendations include a call to expand the list of institutions eligible to receive Pell funds, including some short-term postsecondary CTE programs.

In fact, HEA – a $130 billion program – is really more of a job training bill rather than a higher education law, as it has historically been considered, said Mary Alice McCarthy, senior policy analyst from the New America Foundation.

In a 2014 policy brief, “Beyond the Skills Gap,” McCarthy argues that five policy gaps within HEA “make it too easy for institutions to provide high-cost, low-quality CTE programs while also making it too difficult for institutions to build the partnerships and programs that will facilitate student transitions to jobs and careers.”

Of the five gaps, three are related to how institutions are accredited – an important marker for being eligible to receive Pell funds. Other gaps include a focus on enrollment rather than outcomes and paying for time rather than learning.

McCarthy argued that Congress can fix these issues five ways:

However, Congress’ minimal activity around HEA isn’t stopping the Obama Administration from putting forth bold proposals for postsecondary education. Deputy Assistant Secretary for Community Colleges Mark Mitsui laid out the Administration’s proposals from the 2016 budget, which included:

Be sure to check out NASDCTEc’s previous coverage of these proposals to learn more!

Andrea Zimmermann, State Policy Associate

By Andrea Zimmermann in NASDCTEc Spring Meeting
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Legislative Update: Cromnibus Edges Through Congress, Administration Announces New Apprenticeship Grants

Monday, December 15th, 2014

CapitolBy narrow margins in both the House and the Senate, Congress managed to pass omnibus appropriations legislation over the weekend to fund most of the federal government for the remainder of Fiscal Year (FY) 2015. Totaling $1.1 trillion, the legislation will fund the majority of the federal government until October 1, 2015.

Earlier in the week, House Republicans had introduced the 2015 Consolidated and Further Continuing Appropriations Act (H.R. 83)— hybrid legislation that combined aspects of a continuing appropriations resolution (CR) and more comprehensive appropriations for all federal departments and agencies with the exception of the Department of Homeland Security (DHS). Known as a cromnibus, this legislation was heatedly debated in the House on Thursday night and passed by a margin of 219 – 206. Following the vote the Chamber adjourned for the rest of the 113th Congress and is not expected to return until the start of the new 114th Congress beginning in early January.

With the December 11th deadline for the most recent CR having come and gone, Congress also passed another short-term CR to avert a government shutdown while the bill worked its way over to the Senate for further debate this past Friday and Saturday. Despite strong opposition from conservatives and liberals alike, the cromnibus was approved in the Senate by a 56 – 40 vote late Saturday night.

On the whole, H.R. 83 largely maintains funding levels from the previous fiscal year for most programs and departments, although it cuts approximately $166 million from the U.S. Department of Education’s (ED) discretionary budget. Fortunately the Carl D. Perkins Act’s (Perkins) basic state grant program (BSG) was excluded from these reductions. Instead this legislation level-funds the BSG program at $1.118 billion— the same amount the program received in FY 2014.

Although NASDCTEc and the Association for Career and Technical Education (ACTE) recently urged lawmakers to fund the program at slightly higher levels, maintaining current investment levels for the BSG program is a minor victory in the context of the changing political and fiscal dynamics on Capitol Hill— particularly at time when other programs in the discretionary side of the federal budget have been forced to shoulder even larger reductions over the past several years.

H.R. 83 also contained a number of controversial policy riders— provisions unrelated to appropriations— that were the focus of much debate on the legislation. Nearly all of the most contentious riders, such as changes to campaign finance and banking laws, were ultimately included in the legislation. Despite these riders, President Obama has publicly committed to signing the legislation into law sometime this week.

Of particular interest to the CTE community was the partial restoration of the federal Pell Grant program’s “ability-to-benefit” (ATB) provision— something that NASDCTEc has been advocating for in the context of the Higher Education Act’s reauthorization. This change affords students who do not have a high school diploma or its equivalent, access to the federal financial aid program if they are also enrolled in a career pathways program as defined in the new law. An additional $6 million in funding was also set-aside for a competitive grant program under ED to improve data system coordination and quality at the local, state and national levels and is expected to roll-out in the coming year.

Despite the late night passage of the bill in the Senate, the Chamber remains open today and possibly further into the week as lawmakers there work on last-minute legislation and confirmations for many Obama Administration nominees for various government posts.

DOL Unveils Apprenticeship Grants

Last Friday, the U.S. Department of Labor (DOL) announced a new $100 million competitive grant program to support the expansion of apprenticeship programs in high-growth and high-skill occupational areas. The American Apprenticeship Grant (AAG) program, is the successor to last year’s Youth CareerConnect grants and are funded through H-1B visa fees. Administration and Department officials hope the program will spur an expansion of apprenticeship programs into sectors of the economy which has not traditionally used them, such as information technology, healthcare, and advanced manufacturing.

Approximately 25 grants will be awarded to public-private partnerships consisting of at least one public and private entity. Eligible entities include employers, industry associations, joint labor-management organizations, labor organizations, training providers, community colleges, local and state governments, the workforce system, non-profits and faith-based organizations. Grant amounts will range from $2.5 million to $5 million each and must make efforts to align and coordinate with other postsecondary education programs and career pathways available in a state or local area.

Applications are due April 30, 2015 and more information on how to apply, including program factsheets and checklists, can be found here.

Steve Voytek, Government Relations Manager 

By Steve Voytek in Legislation, News, Public Policy
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Congress Considers a Cromnibus, ED Announces Start of P3 Initiative

Friday, December 5th, 2014

CapitolA new term is quickly entering the beltway lexicon this holiday season— a hybrid funding approach known as a “cromnibus” is now under consideration by House Republicans which would fund most, but not all of the federal government for the remainder of the 2015 federal Fiscal Year (FY). As we have shared previously, Congress failed to enact the necessary appropriations legislation earlier this summer to fund governmental operations in FY 2015.

To avert another government shutdown, lawmakers passed a Continuing Appropriations Resolution (CR) in late September which temporarily extended FY 2014 funding levels into FY 2015 which began on October 1 of this year. Unfortunately, this extension resulted in a 0.054 percent across-the-board cut to all discretionary programs, including the Carl D. Perkins Act (Perkins) basic state grant program, because of lower revenue levels and lost savings elsewhere in the federal budget in FY 2015. Since that time, Congress has struggled to come to a longer-term agreement for how to fund the federal government past the current CR’s expiration date on December 11, 2014.

NASDCTEc and its partners in the Career Technical Education (CTE) community have recently called on Congress to pass comprehensive omnibus appropriations legislation in lieu of another temporary funding measure. An omnibus would replace the current CR with a consolidated package of the necessary 12 individual appropriations bills needed to fund the federal government— a move which would give greater certainty to the CTE community regarding future funding levels for the Perkins Act’s basic state grant program.

Despite a number of obstacles over the past several weeks, House Republicans now seem to be coalescing around the legislative strategy of a cromnibus—legislation which fuses an omnibus and a CR into one bill. In this proposal, eleven out of the 12 annual appropriations bills— including the legislation which funds the U.S. Department of Education and relatedly the Perkins Act— would receive funding for the remainder of FY 2015. The Department of Homeland Security (DHS), the primary federal agency tasked with implementing President Obama’s recent executive action on immigration, would receive another temporary funding bill into the early part of next year.

In pursuing this strategy, House Republicans hope to leverage future concessions on immigration policy from the Obama Administration using a series of CRs to fund DHS moving forward. While a final version of this legislation has yet to be released, Congressional Democrats and President Obama have not said whether they would accept such a deal, although more recently both have signaled they may be open to such an approach. Democratic receptiveness to the cromnibus approach will likely hinge on the inclusion of other “policy riders” in the legislation— something that both parties in Congress are currently negotiating.

Check back here early next week when NASDCTEc expects further Congressional activity on federal funding.

U.S. Department of Education Announces P3 Initiative

As we shared earlier this year, the U.S. Departments of Education (ED), Labor (DOL), and Health & Human Services (HHS) announced a new initiative to more effectively support disconnected youth by granting additional flexibility to existing federally-funded programs to develop innovative solutions and strategies in local communities across the country.

Dubbed Performance Pilot Partnerships, or P3 for short, the agencies will select ten local applications to launch pilot projects using additional flexibility for existing discretionary grant programs administered by the agencies. Local Perkins grant recipients are among the programs eligible to participate in these pilots. An additional $700,000 in funding will be available for successful applicants who the departments hope will “braid” existing funding streams together in new ways to more effectively support disconnected youth.

Applications are due by March 4, 2105 and the winners of the project will be announced further into next year. More information on P3 can be found here and application details can be accessed here.

Senator Harkin Introduces HEA Proposal

Just before Thanksgiving last week, soon-to-be-retired Senator Tom Harkin (D-IA), Chairman of the Health, Education, Labor, and Pensions (HELP) Committee, formally introduced the Higher Education and Affordability Act. The bill seeks to reauthorize the Higher Education Act which is set to expire in the coming year.

Although the bill will not move out of the HELP Committee prior to the new 114th Congress set to begin next year, the legislation does contain a number of promising proposals which NASDCTEc has been supportive of including:

NASDCTEc applauds the Senator’s commitment to affordable high-quality postsecondary education and looks forward to reauthorization process of HEA in the New Year. More information on the bill can be found here and the text of the legislation is located here. The next incoming Chairman for the HELP Committee, Senator Lamar Alexander (R-TN), is widely expected to prioritize the reauthorization of HEA in the next Congress.

Steve Voytek, Government Relations Manager 

By Steve Voytek in Legislation, News, Public Policy
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Congress Continues to Struggle on Appropriations Ahead of Presidential Announcement, VP Biden Talks CTE

Thursday, November 20th, 2014

CapitolFollowing the midterm elections earlier this month, Congress reconvened last week to begin their final “lame duck” session of the 113th Congress. As the Republican Party prepares to take control of the Senate and with it the entire Congress, lawmakers must still grapple with a number of pressing issues before setting to work in the 114th Congress beginning in the New Year. Topping the list of Congressional to-do’s over the next several weeks is the need to pass legislation to fund the government to avert another shutdown of federal operations— something that only too recently happened late last year.

As we have previously shared, Congress failed to pass the necessary appropriations legislation to fund the federal government for Fiscal Year (FY) 2015. Instead, lawmakers passed a temporary stopgap funding measure known as a Continuing Appropriations Resolution (CR) which extended FY 2014 spending levels into the current 2015 federal fiscal year that began on October 1, 2014. However due to differences in revenue levels and lost savings elsewhere in the federal budget, this extension resulted in an across-the-board cut of 0.054 percent to all programs, including the Carl D. Perkins Act (Perkins).

Until recently, it was widely anticipated that a comprehensive omnibus appropriations bill— legislation that combines all of the necessary 12 appropriations bills into one package— would be passed by Congress sometime before the expiration date for the CR on December 11 of this year. Doing so would replace the current CR with a long-term agreement on federal spending until the next fiscal year and could possibly restore some of the funding reductions that were a result of the CR’s passage this past September. Senator Mikulski (D-MD) and Representative Hal Rogers (R-KY), the current Appropriations Committee Chairpersons in both the Senate and the House, have been working to finalize such a bill for the past several weeks and appear to be close to a final agreement.

However, it remains uncertain at this time if lawmakers will be able come to such an agreement before the December 11th deadline. Congressional Republicans and the Obama Administration are currently at odds over a widely expected Executive Action from the President on immigration— an announcement that will likely occur this evening. Many Republican lawmakers are opposed to such a move and have debated a number of responses including passing another short-term CR or possibly passing an Omnibus, but eliminating funding for federal departments or agencies which carry out aspects of the President’s expected action on immigration. Publicly, the Republican Party remains divided on how they will respond— whether through the appropriations process or otherwise.

Nonetheless, as Chairman Rogers recently pointed out, “We need to do an omnibus bill funding the entire government for the rest of the year, and get that whole business behind us, so that come January, [we] will have a clean slate rather than looking backwards to old fights that we could look forward to making positive changes.” NASDCTEc applauds this sentiment and remains hopeful that Congress will pass a comprehensive omnibus bill for the remainder of FY 2015. Along with the Association for Career and Technical Education (ACTE), NASDCTEc has recently called on Congress to pass this much needed legislation and restore the remaining cuts to the Perkins Act.

As this process unfolds we urge you, the Career Technical Education community, to do the same. Don’t know who your members of Congress are? Find out here.

AFL-CIO & AFT Host Vice President Biden for CTE & Workforce Development Summit

vpbidenLate last week, the AFL-CIO, along with the American Federation of Teachers (AFT), hosted a “Career and Technical Education (CTE) Workforce Development Summit” which explored the ways CTE and workforce development programs can create multiple pathways for student success. “CTE has the promise and potential to help equip a new generation of workers with the skills and knowledge needed for the jobs of today and tomorrow, and to forge a new path to college and life,” said AFT President Randi Weingarten.

Vice President Joe Biden delivered the keynote address for the event, emphasizing the importance of education and employer partnerships. “These partnerships provide a seamless transition so folks can go from a classroom to a job, and from job to job within the industry they’re in,” he said, adding, “We have to maintain and enhance our workforce so we have the most sophisticated, best-trained workforce in the world.” Later on in the day, Snap-on Inc. Chairman and CEO, Nicholas Pinchuk couched this in even clearer terms declaring, ““We are in a global competition for jobs and the single best weapon is CTE. We need to out-skill the competition.”

During the all-day summit, several panels explored a number of CTE and workforce development issues, including employer engagement, apprenticeship programs, effectively using labor market information and strategies for scaling up other innovative education and workforce program models. Yet, the most common theme throughout the day centered on CTE’s evolution over the past several decades from vocational education and into today’s modern conception of CTE. Nearly every panelist agreed that today’s CTE has made extraordinary progress and is now very much a viable pathway for any number of postsecondary and career ambitions.

U.S. Secretary of Labor, Thomas Perez, capped off the day with a rousing address on the U.S. Department of Labor’s (DOL) work on apprenticeships. Perez made a number of references to DOL’s upcoming grant program, the America Apprenticeship Initiative.  Grantees for this $100 million program— the successor to last year’s Youth CareerConnect grants— are expected to be announced by the end of the year.

More information on the summit can be found here.

NASDCTEc Finalizes Higher Education Recommendations

With the next Congress widely expected to take up the reauthorization of the Higher Education Act, the consideration of the nation’s primary legislation governing the nation’s postsecondary education system presents a unique opportunity for the CTE community to have their voices heard as this process unfolds. To that end, NASDCTEc has recently finalized a set of recommendations for the reauthorization of the legislation which can be viewed here.

Odds & Ends

Speaker of the House John Boehner (R-OH) recently released a document outlining the “pillars” of his vision for a new Republican Congressional majority. Although education is part of this platform, the Perkins Act and CTE more generally were notably absent.

Yesterday the U.S. Departments of Labor and Education hosted a town hall listening session on the implementation of the Workforce Innovation and Opportunity Act (WIOA) to aid in implementation of the new law. More recently, the Department of Education released a short video outlining the various intersection points between WIOA and Perkins IV.

The U.S. Department of Education’s recently finalized regulations defining “gainful employment” have been challenged in court by the Association of Private Sector Colleges and Universities. Pending action by the court system, these regulations are still set to go into effect next year.

Steve Voytek, Government Relations Manager 

By Steve Voytek in Legislation, News, Public Policy
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Legislative Update: Congress Passes Temporary Funding Measure, Obama Administration Unveils Round IV of TAACCCT

Monday, September 29th, 2014

CapitolAs we shared earlier this month, Congress continued to struggle to pass the necessary appropriations legislation needed to fund the federal government in Fiscal Year (FY) 2015 set to begin October 1st, 2014. Despite topline spending caps put in place by the Bipartisan Budget Agreement (BBA) earlier this year, widespread disagreement on individual funding levels for certain programs ultimately derailed the budget and appropriations process which had been ongoing since the release of President Obama’s budget request to Congress this past March.

In order to avert another federal government shutdown similar to what happened this time last year, Congress passed a short-term Continuing Appropriations Resolution (CR) which extends current FY 2014 spending levels through December 11th, 2014. Currently, federal programs are being funded via the 2014 Omnibus spending package passed this past January which increased funding for the Perkins act by $53.2 million over FY 2013 levels.

President Obama has recently signed this legislation into law which will continue funding the Perkins Act at this level, at least until a longer-term agreement is reached. This is likely to occur sometime after the conclusion of the Congressional midterm elections this November. Following the passage of this legislation, both Chambers of Congress adjourned until after these elections— the results of which will largely determine the ability of Congress to accomplish its remaining legislative agenda for the year.

It is important to note that while this CR extends current funding levels, imbalances between FY 2014 revenue levels and those projected for FY 2015 will result in a small across-the-board reduction to all discretionary programs, including the Perkins Act for the duration of this CR. For the U.S. Department of Education (ED) and the programs it oversees, this cut translates into a 0.0554 percent reduction in funding, which will require revisions to the FY 2015 budget estimates released to states for the Perkins Act basic state grant program.

As ED revises these estimates, NASDCTEc will keep the CTE community abreast to changes in Perkins funding and will continue to advocate for a full-year appropriations bill when Congress reconvenes in November.

Obama Administration Announces TAACCCT Grants

This morning, Vice President Joe Biden unveiled the winners of the fourth and final round of the Trade Adjustment Assistance Community College and Career Training (TAACCCT) grants worth $450 million in total. This initiative traces its roots back to 2009, as part of the Obama Administration’s American Recovery and Reinvestment Act (ARRA) which allocated roughly $2 billion in competitive grant funding for community colleges and other eligible postsecondary institutions to expand career training programs lasting two years or less.

Since 2009, three rounds of grants have been awarded to a variety of institutions seeking to strengthen and expand workforce training partnerships across the country. This last round focused on bringing to scale in-demand job training programs through industry partnerships, promoting seamless transitions between education and training, and improving upon statewide employment end education data use.

In all nearly 270 community colleges partnering with more than 400 employers received 71 grants, which is co-administered by the U.S. Departments of Education and Labor. More information can be found here.

Senators Introduce CTE Teacher Training Legislation

Senate CTE Caucus co-chairs Tim Kaine (D-VA), Rob Portman (R-OH), and Tammy Baldwin (D-WI) introduced the Creating Quality Technical Educators Act this month, legislation that aims to address an ongoing CTE teacher shortage in many states and local communities throughout the country. Specifically, this bill would amend the Higher Education Act to create a CTE teacher-training grant program to encourage partnerships between high-need secondary and postsecondary CTE institutions to recruit and train high-quality CTE teachers. Presently, HEA has a similar program in place to promote these efforts, but it does not currently focus on CTE specifically.

NASDCTEc applauds this legislation and is encouraged by the Senators’ continued commitment to the CTE enterprise. A press release with additional information on this bill can be found here.

Steve Voytek, Government Relations Manager 

By Steve Voytek in Legislation, News, Public Policy
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