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Presidential Election Comes Into Focus, Congress Continues Work on Funding | Legislative Update

July 26th, 2024

Over the last two weeks, lawmakers have continued to work on federal funding legislation for the next fiscal year while the ongoing Presidential campaign comes into sharper focus. Elsewhere, Congress and federal agencies have been considering learner privacy legislation and efforts to increase learner internet connectivity. 

FY25 Appropriations Continue to Take Shape

This week both the House and the Senate remained in session. In the House, Republican leadership attempted to advance several federal fiscal year 2025 (FY25) appropriations measures through the full chamber. While lawmakers narrowly passed five of the annual dozen appropriations measures by late Thursday this week, these efforts have largely stalled due to inadequate support within the House Republican conference for the remaining funding bills. The Labor-HHS-ED appropriations bill—the funding measure that provides funding for the Carl D. Perkins Career and Technical Education (CTE) Act (Perkins V)—is among the measures with an uncertain future and although House leadership has indicated they will revisit this issue following the Congress’ upcoming August recess period.

As a reminder, the House FY25 Labor-HHS-ED funding measure proposes a $10 million increase for Perkins V’s state grant program and requests the U.S. Department of Education clarify its intent to regulate the federal investment in CTE later this year. However, the proposal also envisions significant funding reductions for many other workforce and education programs. Advance CTE and partners recently issued a statement regarding this proposal. The House has now adjourned a week early to begin the August recess period and lawmakers are expected to return to Capitol Hill in early September.

Meanwhile in the Senate, lawmakers have established topline spending caps for each of the dozen appropriations bills that compose the federal budget, including the FY25 Labor-HHS-ED funding measure. Importantly, this topline cap is higher than the House’s, indicating that the Senate is likely to take a different direction for workforce and education funding in the upcoming fiscal year. Next week, the Senate appropriations committee will formally consider and markup its FY25 proposal for Perkins V funding and other critical education and workforce development programs. 

As these efforts continue to take shape, Advance CTE will continue to advocate for robust investments in Perkins V’s state grant program.  

President Biden Ends Campaign and Endorses Vice President Harris

Over the past weekend, President Joe Biden formally announced that he was ending his Presidential campaign. Shortly after this announcement, he endorsed Vice President Kamala Harris. Throughout the week many leaders in the Democratic Party have followed suit and announced their support of her candidacy. Prior to becoming Vice President in the current administration, Harris served as the U.S. Senator from California where she advocated for public K-12 education, teacher pay, and increased access to and support for postsecondary education and job training. 

Former President Trump Names J.D. Vance as VP Candidate

Last week Congressional Republicans headed to Milwaukee, Wisconsin for the party’s national convention. During the event, former President Donald Trump announced that he selected Ohio Senator J.D. Vance (R-OH) as his running mate. Vance was first elected to the Senate in 2022 and rose to prominence with the publication of a book entitled Hillbilly Elegy. During his time in the Senate, Vance has a limited record on education issues but has co-sponsored several pieces of legislation prohibiting diversity, equity, and inclusion (DEI) policies in schools as well as proposing to allow bipartisan Safer Communities Act funding to be used for hunting, archery, and gun shooting programs. He has also supported bans on cell phone use in classrooms. 

FCC To Allow Hotspots for E-Rate

Last week the Federal Communications Commission (FCC) voted in favor of a new order authorizing the use of E-Rate program funding for Wi-Fi hot spots and wireless internet access services. The 3-2 vote largely broke along party lines, with two Republican Commissioners arguing that the order goes beyond the FCC’s existing statutory authority. The order is aligned with FCC Chair Rosenworcel’s “Learn Without Limits” initiative which broadly calls for more innovative uses of E-Rate resources to increase access to the internet while allocating additional funding for several pilot projects including Wi-Fi on buses.

Senate Considers Learner Privacy Legislation

This week, Senate Majority Leader Chuck Schumer (D-NY) announced that the Senate would take a procedural step to advance two pieces of federal data privacy legislation intended to protect children online. This includes the Kids Online Safety Act (KOSA) and the Children and Teens Online Protection Act (COPPA 2.0). Both measures appear to have bipartisan support and would strengthen protections for youth online. Yesterday, the Senate advanced these measures by a wide margin and is set to further consider them next week. 

ED To Enforce Title IX Rule Next Month

This week the U.S. Department of Education’s (ED) Office of Civil Rights (OCR) announced that it intends to enforce recently updated Title IX regulations set to go into effect August 1 of this year. As a reminder, the regulations would establish a more uniform grievance process for schools and institutions adjudicating allegations of discrimination or misconduct. The rule also codifies new protections for LGBTQ+ learners, staff, and others against discrimination, including discrimination based on one’s gender identity. However, 26 State Attorney Generals have sued to block the rule and lawmakers in the House recently voted in favor of repealing the new regulation. These efforts have led to several court injunctions, blocking the rule from going into effect in many of these same states. In anticipation of beginning to enforce the new regulation where it is currently permitted to do so, OCR has published several new resources to support states and schools to comply with these new requirements. 

Read more on the amendments

DOL Announces New Round of Community College Training Grants 

This month, the U.S. Department of Labor announced the availability of new funding through a fifth round of Strengthening Community College Training Grants (SCCTG)– a program authorized by the Workforce Innovation and Opportunity Act (WIOA) that provides resources for community colleges to develop and provide robust training opportunities for learners. Applications for this funding are due September 24, 2024. Advance CTE is strongly supportive of the SCCTG program and is currently advocating for its codification in WIOA as discussions continue regarding reauthorization of this legislation. 

Read more about the round of grants

Steve Voytek, Policy Advisor 

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FY25 Funding Continues to Take Shape

July 12th, 2024

Lawmakers in both chambers returned to Capitol Hill this week following an extended July 4th recess period. In the House, the Appropriations Committee advanced a new funding measure proposing a funding increase for Career Technical Education (CTE) while proposing significant cuts to many other education and workforce development programs. 

House Appropriations Committee Advances FY25 Funding Proposal

The House Appropriations Committee moved forward this week with formal consideration of its federal fiscal year 2025 (FY25) Labor-HHS-ED appropriations bill. The legislation proposes a $10 million increase for the Carl D. Perkins Career and Technical Education Act (Perkins V). A related committee report also highlights the existing limitations Perkins V places on federal regulations and requests that the U.S. Department of Education (ED) explain why new regulations for Perkins V are needed at this time and the scope of these forthcoming new rules. In recent weeks, ED has indicated that these rules would now be issued in November of this year rather than in August. Advance CTE remains significantly concerned regarding this issue given the significant disruptions new Perkins V implementation rules would cause at this time. 

Despite these positive aspects of the House’s FY25 funding proposal, the legislation also envisions significant funding reductions for a wide range of education and workforce development programs. Advance CTE and the Association for Career and Technical Education (ACTE) issued a statement earlier this week in response to the proposal outlining concerns with these other elements of the legislation. Meanwhile, FY25 funding efforts in the Senate are beginning to get underway and are expected to take a different direction than the House’s vision for FY25 funding for education and workforce development. As these efforts continue to take shape, Advance CTE will continue to advocate for a strengthened investment in CTE via Perkins V’s state grant program. 

Lawmakers Request Teacher Shortage Information from ED

This week, a group of Democratic House lawmakers led by Rep. Krishnamoorthi (D-IL) sent a letter to the U.S. Department of Education requesting information about ongoing efforts to collect more robust data on teacher shortages in critical areas such as CTE. The letter led by Krishnamoorthi argues that “With better, more robust data, we can begin to help address root causes and underlying issues that are causing shortages in these critical areas of the educational continuum.” 

Read the full letter

House Hosts Education Showcase

Just before the July 4th recess period, the House Education and the Workforce Committee held an “Artificial Intelligence (AI) in Education” event to highlight how this emerging technology can improve learning and education more generally. The showcase featured exhibits from a number of companies with AI solutions, including Microsoft, IBM, Google, and others. “This showcase will give participants the opportunity to highlight the first-hand uses and benefits of incorporating AI into education to prepare the next generation for success in the 21st century economy,” Chair Foxx said ahead of the event. House CTE Caucus Co-chair Suzanne Bonamici (D-OR) also provided remarks at the event highlighting the potential for AI to spur further innovation in CTE. 

Chair Foxx Issues ED Regulatory Oversight Letter 

This week, House Education and Workforce Committee Chair Virginia Foxx (R-NC), along with House Committee On Oversight and Accountability Chair James Comer (R-KY) issued a letter to several federal agencies, including the U.S. Department of Education, requesting information regarding the plans to enforce existing regulations and promulgate new rules in the future. The letter comes following a landmark Supreme Court ruling which is widely expected to significantly limit the ability for federal agencies to issue new federal regulations.

GAO Publishes New Report on K-12 Student Arrest Rates

This week the Government Accountability Office (GAO) issued a new report that examined data from the U.S. Department of Education’s Office of Civil Rights (OCR) regarding K-12 student arrest and police referral rates. These data were examined based on learners’ race, ethnicity, gender, and disability status. It found that Native Hawaiian/Pacific Islander, Black, and American Indian/Alaska Native learners were arrested at rates 2-3 times higher than their White counterparts. These disparities grew larger when factoring in disability status. The report recommends that these data be further disaggregated to support a better understanding of the intersection of K-12 schools and police interactions. 

Read the full report

OET Publishes AI Guidance

Earlier this week, the U.S. Department of Education’s Office of Education Technology (OET) published long anticipated guidance for education technology companies for developing AI solutions for educational purposes. The guide comes in response to President Biden’s October 30, 2023 Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, which Advance CTE shared last fall. The guidance provides recommendations for the thoughtful and safe use of AI for effectively designing and implementing AI tools in education, including the potential use of AI to support learners navigating education and career pathways. 

Steve Voytek, Policy Advisor 

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WIOA Reauthorization Comes into Focus | Legislative Update

June 21st, 2024

Over the last two weeks, lawmakers have formally considered the reauthorization of the Workforce Innovation and Opportunity Act (WIOA) while Congress continues to move forward on funding proposals with implications for the Career Technical Education (CTE) community for the upcoming fiscal year. 

Senate Considers WIOA Reauthorization

On Wednesday, June 12, the Senate Health, Education, Labor, and Pensions (HELP) Committee held a hearing to examine issues related to the reauthorization of WIOA. The hearing featured testimony from a slate of five witnesses, including experts on youth apprenticeship, workforce development, and employer representatives. Witnesses highlighted the broader goals of the public workforce system, how WIOA is intended to operate, and the need to better resource workforce development efforts to meet these objectives. The issue of reforming the federal Pell Grant program to allow for shorter-term, high-quality CTE programs was a key theme throughout the hearing. Recently lawmakers in the House unsuccessfully tried to advance legislation on this issue in the National Defense Authorization Act. The Senate is widely expected to formally consider separate legislation later this summer. 

In addition, the hearing examined a wide range of issues including the need to more effectively connect programs authorized by WIOA with K-12 education systems as a way to identify youth before they become disconnected from education or work. Senators and witnesses also discussed ways to better incorporate youth apprenticeship programs in high schools and the importance of supportive services and work experience for populations served by WIOA. The Senate HELP Committee is expected to release a discussion draft for WIOA reauthorization in the near future. Advance CTE will provide further analysis and recommendations regarding this proposal when it becomes available. 

View an archived webcast of the hearing, including witness testimony

House Lawmakers Continue to Advance FY25 Funding Proposals

The House has been on a recess period this week while the Senate convened for part of the week around the June 19 federal holiday. Before recessing, the House advanced the National Defense Authorization Act (NDAA)—legislation that sets the policy direction for defense spending for the coming fiscal year. The House narrowly passed the NDAA, largely along party lines due to the inclusion of several contentious amendments by a margin of 217-199. When House lawmakers return next week, they are expected to begin formal consideration of the fiscal year 2025 (FY25) Labor-HHS-ED funding bill—legislation that provides funding for the Carl D. Perkins Career and Technical Education Act (Perkins V) and other key education and workforce development investments. It is widely expected that this legislation will propose significant cuts, as lawmakers did last year, for many programs within this portion of the federal budget. 

More recently, Senate appropriations leaders announced that they will begin the process of considering, marking up, and advancing their own FY25 education funding bill next month. It is widely expected that the Senate will take a much more moderate approach for FY25 funding, although leaders have continued to share concerns regarding the caps currently in place that limit funding available for domestic programs, including for CTE. 

Title IX Rule Blocked

As shared previously, the U.S. Department of Education (ED) recently published new Title IX regulations intended to strengthen protections against sex discrimination. The new rules are scheduled to take effect August 1, 2024 and codify new protections for LGBTQ students, staff, and others against discrimination, including based on one’s sexual orientation or gender identity. Additionally, the regulations will allow school districts to use a more uniform grievance process to address all forms of reported discrimination. However, in recent weeks two separate federal courts have temporarily blocked this rule in several states amid a flurry of lawsuits from Republican-led states objecting to the new rule. Further litigation on this issue is expected and a final resolution remains unclear. 

ED Issues Guidance on Correctional Education

Last month, the U.S. Department of Education’s (ED) Office of Career, Technical, and Adult Education (OCTAE) issued a Dear Colleague letter calling for greater investments in education within correctional settings. The guidance urges states to use a greater share of Perkins V and Adult Education and Family Literacy Act funding for justice-involved populations. The letter argues that greater investment on this issue can help reduce recidivism rates and promote safer communities by helping to facilitate more seamless reentry for these populations. 

Read the letter from OCTAE 

Steve Voytek, policy advisor 

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House Moves Forward on FY25 Proposals | Legislative Update

June 7th, 2024

Congress returned to Capitol Hill this week for a new work period this month. Lawmakers in the House have been focusing attention this week on appropriations legislation for the upcoming fiscal year while the Senate continues to consider updates to federal investments in workforce development. 

House Advances FY25 Funding Measures

Both chambers of Congress returned to Capitol Hill this week, with lawmakers in the House focusing much of their attention advancing federal fiscal year 2025 (FY25) funding measures for a subset of the dozen individual spending bills that compose the entire federal budget. Nearly half of these spending measures have been marked up by appropriations leaders and are expected to be considered by the full appropriations committee and House chamber in the near future. As a reminder, Labor-HHS-ED funding bill—legislation that provides funding for the Carl D. Perkins Career and Technical Education (CTE) Act (Perkins V) and other education and workforce development priorities—is slated to be considered at the end of June. As these efforts continue to take shape, Advance CTE will continue to advocate for a robust investment in CTE via Perkins V’s state grant program. 

NCES Releases Condition of Education Report

Late last week, the U.S. Department of Education’s (ED) National Center for Education Statistics (NCES) published its “Condition of Education” report– an annual publication highlighting a wide range of data and emerging trends from early education, K-12, and postsecondary levels. The annual report examines key developments in education over time throughout the education continuum. This year’s report highlighted CTE and found that students pursuing CTE courses were more likely to go to postsecondary education or training and earn credentials of value in shorter periods of time. In addition, the report highlighted significant challenges in CTE regarding shortages of qualified teachers with 31% of respondents indicating difficulties in filling open positions for these programs. 

Read the full report 

Senate to Hold WIOA Hearing Next Week

Next week the Senate Health, Education, Labor, and Pensions (HELP) Committee is scheduled to hold a hearing titled “The Workforce Innovation and Opportunity Act: Supporting Efforts to Meet the Needs of Youth, Workers, and Employers.” The hearing is expected to focus on potential updates to the Workforce Innovation and Opportunity Act (WIOA) as HELP Committee leaders continue to discuss the prospects of reauthorizing the primary federal investment in workforce development.

Read more information about the hearing 

House Agriculture Committee Votes on Federal Nutrition Programs

The House Agriculture Committee held a nearly 12 hour markup recently to consider the Farm, Food, and National Security Act of 2024—legislation that would reauthorize the nation’s Farm Bill for another five year period. The measure includes major components of the Creating Access to Rural Employment and Education for Resilience and Success (CAREERS) Act (H.R. 7015)– legislation that Advance CTE endorsed earlier this year. The $1.5 trillion legislative package was advanced by the committee on a slight bipartisan basis by a margin of 33-21, with four Democrats crossing party lines to vote in favor of the proposal. The bill is expected to be further considered by the House, as the Senate considers its own proposal led by Senate Agriculture Chair Debbie Stabenow (D-MI). The current Farm Bill authorization expires this October.

Steve Voytek, Policy Advisor 

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House Lays Out Next Steps for FY25 | Legislative Update

May 24th, 2024

Over the last two weeks, lawmakers in the House laid out next steps for the the federal appropriations process while Congressional leaders elsewhere made announcements related to artificial intelligence (AI) and workforce development. Elsewhere, lawmakers are considering a new Farm Bill proposal while a new cohort of Presidential Scholars was recently announced. 

House Lays Out Roadmap for FY25 Appropriations

House Appropriations Committee Chair Tom Cole (R-OK) announced in recent weeks preliminary allocation totals for each of the 12 individual appropriations bills that compose the federal budget for the upcoming 2025 federal fiscal year (FY25). Known as 302(b) allocations, these topline funding totals are used by appropriations leaders on the committee to craft FY25 funding legislation later this year. This includes the Labor-HHS-ED funding bill which provides support for the Carl D. Perkins Career and Technical Education Act (Perkins V) among other education and workforce development programs. The proposed 302(b) allocation for the Labor-HHS-ED funding bill is significantly lower than the total provided for this component of the federal budget in FY24. This means that the House Appropriations Committee is likely to propose significant cuts to domestic programs falling under this legislation as the Committee put forward last year.

In addition, Chair Cole released a tentative schedule to consider each of the dozen appropriations bills. The Labor-HHS-ED measure is expected to be considered at the subcommittee level on June 27 and by the full Appropriations Committee on July 10. This week the full House Appropriations Committee approved these 302(b) allocations on a party line vote 32-21. Similar announcements are still forthcoming in the Senate. As these efforts take shape, Advance CTE will continue to advocate for the significant funding needs of the Career Technical Education (CTE) community and other key education and workforce priorities this year.  

Senate Releases New AI Roadmap

A bipartisan group of Senators led by Senate Majority Leader Chuck Schumer (D-NY), Senator Mike Rounds (R-SD), Senator Martin Heinrich (D-NM), and Senator Todd Young (R-IN), released a long-anticipated report regarding AI. The report or “roadmap” lays out a vision for future federal policymaking efforts, including a set of recommendations for Congress and the Biden administration to consider as AI technologies continue to mature and expand in their use. The report covers several policy areas including workforce development, encouraging the development of career pathways that lead to opportunities in AI. The roadmap also recommends that policymakers consider new regulatory frameworks to mitigate the potential negative impacts AI technologies may have on incumbent workers and ways to promote worker skills training opportunities in this area. Broadly, the report calls on the federal government to invest at least $32 billion on an annual basis to support the further development of AI technologies, promote wider innovation, and ensure wider equitable adoption and use of these emerging technologies.

View the AI Roadmap

Department of Commerce Unveils Workforce Policy Agenda

Recently the U.S. Department of Commerce (DOC) announced a Department Administrative Order (DAO) that establishes a workforce policy agenda for the agency. The agenda is intended to assist DOC in the ongoing implementation of several broad federal investments including the CHIPS and Science Act which contains several workforce development components to support the legislation’s broader aims of developing a more robust advanced manufacturing and semiconductor capacity here in the United States. The DAO lays out a set of principles to guide workforce development investments as well as wider Biden administration goals of developing quality employment opportunities for a broader cross-section of Americans.

Read the DAO

House Examines HHS FY25 Budget

Last week, the House Education and the Workforce Committee held a hearing to examine the policies and priorities of the U.S. Department of Health and Human Services (HHS). The hearing featured testimony from HHS Secretary Xavier Becerra who spoke to the Biden administration’s recent federal fiscal year 2025 (FY25) budget request. Secretary Becerra responded to a wide range of questions including the importance of policies and investments supporting access to quality childcare as well as wider healthcare workforce needs.

View an archived webcast of the hearing, including the Secretary’s written testimony and related opening statements from lawmakers

CTE Presidential Scholars Announced

This week the U.S. Department of Education (ED) and the White House Commission on Presidential Scholars announced the 60th cohort of U.S. Presidential Scholars—an initiative that annually recognizes 161 high school seniors for academic, career and technical and artistic achievements. The selection process takes into consideration a number of criteria including transcripts and test scores. Each year, this program features 20 CTE scholars for their outstanding achievements and recognizes related accomplishments.

View the full list of scholars 

House Agriculture Committee Plans Vote on Federal Nutrition Programs

The House Agriculture Committee considered the 2024 Farm Bill this week, a $1.5 trillion legislative package that includes significant changes to federal agriculture and school nutrition programs. The legislation, unveiled by Committee Chairman G.T. Thompson (R-PA) earlier this week, includes major components of the Creating Access to Rural Employment and Education for Resilience and Success (CAREERS) Act (H.R. 7015)—legislation that Advance CTE supported and endorsed earlier this year. Advance CTE has expressed support for the inclusion of the CAREERS Act among other aspects of the proposal. The committee considered the legislation yesterday and approved measure by a margin of 33-21. 

DOL Unveils New AI and Worker Well-Being Principles

This week, the U.S. Department of Labor (DOL) released a set of principles on AI and worker well-being. The principles were developed in response to an earlier Executive Order (EO) from President Biden on AI last year and are intended to support workforce development professionals and employers in the deployment, development, and subsequent use of AI and related technologies. The principles focus particularly on mitigating potential negative impacts on workers of AI while balancing the need for innovation and economic growth.

Read the principles 

Steve Voytek, policy advisor

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House Examines ED’s Policies and Priorities | Legislative Update

May 10th, 2024

This week the lawmakers in the House hosted the U.S. Secretary of Education (ED) to testify regarding the agency’s policies and priorities for the coming year. In addition, the Senate examined the U.S. Department of Labor’s budget request for the upcoming fiscal year while ED issues new guidance regarding school and institution’s civil rights obligations. 

Cardona Questioned on Perkins Regulations

On Tuesday, May 7, the House Education and Workforce Committee held a hearing focused on oversight of the U.S. Department of Education (ED) and its wider policies and priorities. The more than four hour hearing featured testimony from U.S. Secretary of Education Miguel Cardona who responded to a wide range of questions and topics from lawmakers on the panel. These included a particular focus on ED’s ongoing challenges in implementing a newly revamped Free Application for Federal Student Aid (FAFSA) and newly finalized Title IX regulations which are set to go into effect later this summer.

In addition, Rep. “GT” Thompson (R-PA) questioned Cardona regarding ED’s plans to issue new regulations for the Carl D. Perkins Career and Technical Education Act (Perkins V) and highlighted the significant negative disruption this would have on states and Perkins recipients nearly six years after the law’s passage as communities collectively begin a new four-year planning cycle for the legislation. Thompson questioned Cardona as to whether programs funded by Perkins V are actively responding to the needs of the labor market and whether the law’s implementation, more broadly, has been successful. Significantly, Cardona responded yes to both of these questions and went on to say that he believes, “…that the evolution of Perkins to include CTE is where we need to go and it has been successful to get states to look at it differently.” 

When questioned further regarding the need for additional regulations for Perkins V, Cardona indicated that the planned proposed rules would be intended to broaden opportunities for learners to engage in “earn to learn” programs but did not specify a clear rationale for issuing new rules on the topic at this time nor did he provide further detail regarding what these regulations are likely to entail. Advance CTE has continued to raise significant concerns regarding these forthcoming regulations and has questioned why they are specifically necessary at this point in the law’s implementation. 

View an archived webcast of the hearing, including Cardona’s written testimony and related opening statements from lawmakers

Senate Examines DOL’s FY25 Budget Request

Yesterday, May 9, the Senate Appropriations Labor, Health and Human Services, Education, and Related Agencies (Labor-HHS-ED) Subcommittee held a hearing to examine and consider President Biden’s budget request for the U.S. Department of Labor (DOL) for the upcoming 2025 federal fiscal year (FY25). The hearing featured testimony and perspectives from Acting U.S. Secretary of Labor Julie Su regarding aspects of the agency’s FY25 budget request. The hearing examined a broad range of issues, including recent regulatory changes proposed or otherwise finalized by DOL, and highlighted the importance of workforce development investments.

View a full recording of the hearing including Su’s testimony

ED Issues New Guidance on Civil Rights Obligations

On Tuesday, May 7, the U.S. Department of Education (ED) issued a new Dear Colleague Letter (DCL) outlining school leaders’ responsibilities under Title VI of the Civil Rights Act of 1964. The DCL provides detailed scenarios and guidelines for identifying acts that could be considered discriminatory, including vandalism, protests, and verbal harassment. The guidance letter clarifies the legal requirements schools and institutions must adhere to in order to remain compliant with federal laws and emphasizes that non-compliance could lead ED to withhold federal funding. The guidance comes amid reported increases in antisemitic and other identity-based incidents on college campuses and within K-12 schools over the past several months.

View more information from ED on the guidance

Steve Voytek, Policy Advisor 

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Congress Returns to a Busy Work Period | Legislative Update

May 3rd, 2024

Over the last few weeks lawmakers reconvened following a short recess period to address a number of critical issues, including the ongoing budget and appropriations process. Lawmakers have also held hearings with the leaders of federal agencies regarding the Biden administration’s recent budget requests and other policies and priorities. In addition, the Biden administration has made new regulatory announcements on a few issues of importance to the Career Technical Education (CTE) community.

House Holds DOL Oversight Hearing

On Wednesday, May 1, the House Education and Workforce Committee held a hearing to examine the policies and priorities of the U.S. Department of Labor (DOL). Acting Assistant Secretary Julie Su testified on behalf of the agency and the discussion focused heavily on a multitude of new regulations the Department has proposed or implemented recently. Lawmakers appeared to be particularly skeptical of DOL’s recently proposed apprenticeship regulations which, among other proposed changes, would create a new programmatic structure for apprenticeship programs in K-12 and postsecondary education settings known as Career and Technical Education Apprenticeships (CTEAs). 

Long-time CTE Caucus co-chair Rep. G.T. Thompson (R-PA) questioned Su extensively on this topic and raised significant concerns regarding the Department’s proposal, the impact it could potential have on learners and CTE programs, and questioned the broader reasoning for this proposed programmatic structure. As a reminder, Advance CTE recently submitted substantial comments in response to this regulatory proposal and have been continuing to monitor and engage with stakeholders on this issue. A full recording of the hearing, including witness testimony, can be found here. 

Senate Examines ED’s FY25 Budget Request

Earlier this week, April 30, U.S. Secretary of Education Miguel Cardona testified before the Senate Appropriations Labor, Health and Human Services, Education, and Related Agencies (Labor-HHS-ED) Subcommittee regarding the U.S. Department of Education’s federal fiscal year 2025 (FY25) budget request. In both of their opening remarks, Chair Baldwin (D-WI) and Ranking Member Capito (R-WV) highlighted the importance of CTE and the Carl D. Perkins Career and Technical Education Act (Perkins V), including the need to strengthen investments in these efforts and noting the need to expand access to CTE opportunities for more learners. In addition, the hearing focused heavily on ED’s ongoing challenges in implementing a newly revamped Free Application for Federal Student Aid (FAFSA) and lawmakers questioned Caronda on a number of other topics including the importance of student mental health and newly finalized Title IX regulations. An archived webcast of the hearing, including Cardona’s written testimony, can be found here.

Title IX Rule Finalized

In recent weeks, the U.S. Department of Education (ED) published revised Title IX regulations intended to provide new protections against sex discrimination. “These final regulations clarify Title IX’s requirement that schools promptly and effectively address all forms of sex discrimination,” said ED’s Assistant Secretary for Civil Rights Catherine E. Lhamon as part of the announcement. The new rules are scheduled to come into effect August 1, 2024 and codify new protections for LGBTQ students, staff, and others against discrimination, including on the basis of one’s sexual orientation or gender identity. Additionally, the regulations will allow school districts to use a more uniform grievance process to address all forms of reported discrimination. More information regarding these new rules and implications for the CTE community can be accessed here. 

DOL Unveils New Rules on Overtime Pay

Recently, the U.S. Department of Labor issued a new regulation related to worker eligibility criteria for overtime pay under the Fair Labor Standards Act (FLSA). The long-anticipated rules will have significant implications for employers across the country, including for schools, districts, and institutions. These new requirements are set to go into effect January 1, 2025. The regulations will increase current salary thresholds, currently set at $35,568, for workers entitled to time-and-a-half pay when working more than 40 hours in a week, to $43,888. By July 1, 2025, this threshold is set to increase to $58,656. DOL estimates that this will benefit approximately four million workers nationwide. More information on this announcement can be accessed here. 

Antisemitism Bill Advanced in the House

Lawmakers in the House considered and advanced the Antisemitism Awareness Act (H.R. 6900)—legislation that would codify the International Holocaust Remembrance Alliance’s definition of antisemitism within existing civil rights legislation. This legislative proposal would also encourage the U.S. Department of Education (ED) to use this definition when conducting civil rights investigations when seeking to determine whether a complaint was motivated by antisemitism. The legislation was cleared by lawmakers in the House on a wide bipartisan margin of 320-91 late yesterday. Next week, the House Education and Workforce Committee is scheduled to hold a hearing on antisemitism in K-12 schools.

Steve Voytek, Policy Advisor 

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House Passes WIOA Bill as ED Promotes FY25 Budget | Legislative Update

April 12th, 2024

This week lawmakers reconvened following a spring recess period to address a number of pressing issues. In addition, lawmakers in the House advanced legislation to reauthorize federal workforce development legislation while the U.S. Secretary of Education Miguel Cardona testified before lawmakers regarding the Biden administration’s most recent budget request for the upcoming fiscal year. 

Secretary Cardona Testifies on FY25 Budget Request

This week the House Appropriations Subcommittee for Labor, Health and Human Services, and Education (Labor-HHS-ED)—the entity responsible for determining funding for the Carl D. Perkins Career and Technical Education Act (Perkins V) and other critical education and workforce development legislation—held a hearing to examine the Biden administration’s federal fiscal year 2025 (FY25) budget request for the U.S. Department of Education (ED). 

The hearing featured testimony from U.S. Secretary of Education Miguel Cardona who focused his remarks on the broad aims of ED’s FY25 budget request. Lawmakers discussed a broad array of topics at the hearing, including forthcoming Title IX regulations that are expected to be released by ED later this year and ongoing efforts to enforce civil rights protections for students. Lawmakers discussed other elements of the FY25 ED budget, including proposed increases in funding for newly proposed programs contained in the budget request. An archived webcast of the hearing, including testimony, can be accessed here. 

House Republicans Elect Rep. Cole to Lead Appropriations Committee

Current House Appropriations Committee Chair Kay Granger (R-TX) announced last month that she planned to step down from this leadership role. Since then, longtime House Appropriations leader Representative Tom Cole (R-OK) was heavily favored to succeed Granger in this critical post. This week, the House Republican Steering Committee met and recommended Cole for this role and the full House Republican conference voted to ratify him as chairman. The move is expected to likely shift additional appropriations leaders on the committee in the future. In addition, Cole has stepped down as Chair of the House Rules Committee, with Rep. Burgess (R-TX) set to succeed him on this important committee. 

House Passes WIOA Reauthorization Proposal

Earlier this week lawmakers in the House formally considered H.R. 6655—legislation that would reauthorize the Workforce Innovation and Opportunity Act (WIOA). Advance CTE and partners provided feedback on this proposal but did not endorse the legislation when it was passed by the House Education and Workforce Committee late last year. Lawmakers considered the legislation under suspension of the rules, meaning there was limited time for debate or wider efforts to dramatically change the legislation following its advancement last December. House lawmakers ultimately passed the legislation on a wide bipartisan margin, 378-26.  

Despite the passage of this legislation, the future for H.R. 6655 remains uncertain. Senate leaders on the Health, Education, Labor, and Pensions (HELP) Committee, including Chair Sanders (D-VT) and Ranking Member Cassidy (R-LA), are currently working to negotiate a separate legislative proposal to reauthorize WIOA potentially later this spring. As these efforts continue to take shape, Advance CTE will continue to advocate for the organization’s WIOA recommendations to improve future federal workforce development legislation as it continues through the wider legislative process. 

Steve Voytek, Policy Advisor 

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Congress Remains on Recess After Finalizing FY24 | Legislative Update

April 5th, 2024

This week lawmakers remained on spring recess and are expected to return next week for a busy two-week work period. Elsewhere, the U.S. Department of Education (ED) announced a delay in anticipated postsecondary regulations impacting career education programs. 

Lawmakers Include Focus on Appropriations and WIOA in Next Work Period 

Congress is on recess this week, but legislators are scheduled to return to Washington, D.C. for a two-week work period on April 8. Broadly, Advance CTE expects Congress to focus its efforts this month on the recent bridge collapse in Baltimore, Maryland and an international aid package. In addition, lawmakers in the House are expected to consider H.R. 6655—legislation that would reauthorize the Workforce Innovation and Opportunity Act (WIOA). As a reminder, leaders on the Senate Health, Education, Labor, and Pensions (HELP) Committee are continuing to separately negotiate their own version of WIOA reauthorization with a current target date for action around Memorial Day later this year. 

As wider Senate and House floor discussions evolve, the Appropriations committees are beginning to formally start the federal fiscal year 2025 (FY25) appropriations process. This normally entails bringing the leaders of federal agencies to Capitol Hill to testify regarding their Department’s annual budget requests. Advance CTE expects an initial appropriations hearing in the House to take place sometime next week and will be monitoring these efforts closely as the organization works to strengthen the federal investment in Career Technical Education (CTE) via the Carl D. Perkins CTE Act’s (Perkins V) basic state grant program. 

However, these efforts may be delayed somewhat as the Republican Steering Committee is expected to meet early next week to discuss who will lead the House Appropriations Committee, following an announcement late last month from current Appropriations Committee Chair Kay Granger (R-TX) that she would step down from this role. At present, longtime appropriations leader Rep. Tom Cole (R-OK) appears to be heavily favored to be recommended for this leadership position following public support from several other House Republican appropriations leaders. However, Rep. Aderholt (R-AL), currently the chair of the appropriations subcommittee responsible for workforce funding, has circulated a Dear Colleague letter indicating that he is seeking broader changes to the appropriations process. “Instead of hastily selecting a new Appropriations chair, I believe that now is the time to focus on correcting the process and developing our theory of government on how we will manage our responsibilities,” he wrote in part.

As these efforts continue to take shape, Advance CTE will be engaging with both the WIOA reauthorization and appropriations processes closely during this upcoming work period. 

Gainful Employment Regulations Delayed

Late last week, the U.S. Department of Education issued a Dear Colleague letter delaying the implementation of reporting requirements for forthcoming Gainful Employment (GE) and Financial Value Transparency (FVT) regulations. While most of the new rules for GE and FVT will go into effect July 1 of this year, postsecondary institutions and covered programs will now have until October 1 of this year to begin reporting the necessary data to ED to begin implementation of these new regulatory frameworks. As a reminder, GE rules apply to certain postsecondary career education programs and determine their eligibility for federal student financial aid from Title IV of the Higher Education Act (HEA) based on programs’ ability to meet certain performance standards related to graduates’ earnings and ability to pay back student loans.

While GE rules apply to only a subset of postsecondary institutions and programs and include related sanctions in the form of losing Title IV eligibility, new FVT rules will apply to a much broader segment of the higher education sector without related penalties for low-performance. Advance CTE examined these rules in more detail last year when a final rule was published by ED. 

This delay comes after a bipartisan group of Senators sent a letter to ED encouraging a delay of these new rules as ED continues to struggle with the implementation of the Free Application for Federal Student Aid (FAFSA) forms. In addition to the delay in reporting requirements, ED has also indicated that it will be issuing additional guidance for GE and FVT implementation sometime this month. More information on these announcements can be found here and here. 

Steve Voytek, Policy Advisor 

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Congress Unveils FY24 Funding Package

March 22nd, 2024

This week lawmakers released a long-anticipated full-year funding proposal for the remainder of the federal budget, including for the U.S. Departments of Education (ED) and Labor (DOL). Elsewhere the Senate confirmed new DOL leadership overseeing the implementation of workforce development activities. 

Lawmakers Propose Slight Increase in Perkins State Grant Funding

As Advance CTE has shared previously, Congress has been delayed for nearly six months in finalizing and passing full-year funding for the current 2024 federal fiscal year (FY24), including for the U.S. Departments of Education (ED) and Labor (DOL), ahead of a March 22 deadline later today. Early yesterday morning, Congressional leaders unveiled the text of this long-awaited full-year FY24 funding package, also known as a minibus. 

Notably for the CTE community, the package proposes a $10 million increase for the Carl D. Perkins Career and Technical Education Act’s (Perkins V) basic state grant program––a key priority for Advance CTE throughout the FY24 process. The full-year FY24 funding package would provide $79.1 billion for ED’s budget and $13.7 billion for DOL’s budget, both of which are slightly below FY23 enacted levels. Due to tight budgetary constraints required by last year’s debt limit agreement, known as the Fiscal Responsibility Act, many education and workforce development programs are set to receive funding at roughly the same levels as FY23 or have slight reductions in funding support.

The FY24 package also includes a $20 million reduction in Perkins V’s national activities account––an area of the budget that ED has used previously to fund a newly created competitive grant program known as “Career Connected High Schools” (CCHS). Advance CTE and partners have previously shared concerns regarding this program and have called for greater resources to be dedicated to Perkins V’s state grant program to strengthen this foundational federal investment made in CTE. Beyond these aspects of the FY24 minibus, the funding package does provide significant new funding for childcare and early childhood education initiatives, as well as slight increases to Title I-A formula funding authorized by the Every Student Succeeds Act (ESSA). 

Congress must work quickly today to vote on this FY24 funding package ahead of the aforementioned March 22 deadline at midnight this evening. Lawmakers in the House cleared the minibus by a 286-134 margin and it now goes on to the Senate for consideration and approval. Depending on how expeditiously Senators are able to take up this legislation today, a short lapse in appropriations still remains possible. Advance CTE is monitoring this process closely and will provide more information to the CTE community as these efforts move forward.

ETA Assistant Secretary Confirmed

Yesterday, March 21, the full Senate voted to confirm Jose Javier Rodriguez to lead DOL’s Employment and Training Administration (ETA) by a margin of 50-48. Rodriquez was first nominated by President Biden much earlier in the administration but his candidacy had been delayed in the Senate due to previous opposition from Senators Joe Manchin (D-WV) and Bob Menedez (D-NJ). Yesterday’s confirmation vote marks the first time that ETA, DOL’s subagency which administers and oversees the Workforce Innovation and Opportunity Act (WIOA), will have a Senate-confirmed leader in this position during the Biden administration.  

Steve Voytek, Policy Advisor 

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