Legislative Update: Congress Announces a Flurry of Education and Workforce Development Legislation

December 8th, 2023

This week, the Senate introduced a legislative proposal that would make significant updates to legislation that authorizes federal research and data functions, while lawmakers in the House introduced new bipartisan proposals that would reform the Pell Grant program to make shorter-term Career Technical Education (CTE) programs eligible for funding as well as a comprehensive reauthorization proposal for the Workforce Innovation and Opportunity Act (WIOA). 

HELP Committee Unveils Bipartisan Education Sciences Reform Act Reauthorization

Earlier this week the Senate Health, Education, Labor and Pensions (HELP) Committee unveiled the Advancing Research in Education Act (AREA) — bipartisan legislation that would reauthorize and update the Education Sciences Reform Act (ESRA). ESRA authorizes many critical federal education data and research functions and this proposal would make significant updates to many aspects of this legislation. Specifically, AREA would make education research more responsive to the needs of learners, teachers and other education stakeholders while increasing the use of rigorous evidence to better support teaching and learning. Of note for the CTE community, this legislation would broaden the scope of these activities to include a stronger focus on learners’ labor market and workforce outcomes. 

Advance CTE has been engaged throughout this wider reauthorization process, including by supporting the introduction of the Data for American Jobs Act (DAJA) earlier this year. Encouragingly many aspects of this proposal have been incorporated in the current committee draft proposal. A mark-up of AREA is scheduled for next week on Tuesday, December 12 at 10 a.m. ET. Read the HELP committee summary on the proposed changes contained in AREA.

House Leaders Release New Workforce Pell Proposal 

On Tuesday, December 5, Reps. Stefanik (R-NY) and DeSaulnier (D-CA), along with House Education and Workforce Committee Chair and Ranking Member Foxx (R-NC) and Scott (D-VA), introduced H.R. 6586, the Bipartisan Workforce Pell Act (BWPA). This legislation is a compromise proposal that combines aspects of previously introduced short-term Pell Grant legislative proposals sponsored by Chair Foxx and Ranking Member Scott respectively. The BWPA would establish a number of eligibility criteria that would be overseen and implemented by state workforce development boards, higher education accreditors and the U.S. Department of Education intended to ensure program quality and rigor. Advance CTE is encouraged to see additional bipartisan movement on this critical issue and is continuing to analyze the bill for implications for the CTE community. More information can be accessed in this fact sheet and related summary

House Committee Introduces Comprehensive WIOA Reauthorization Proposal

Yesterday, December 7, the House Education and Workforce (E&W) Committee introduced H.R. 6655, A Stronger Workforce for America Act (ASWA). The legislation would comprehensively reauthorize WIOA and make significant changes to core aspects of this legislation including related to eligible training provider lists and the provision of training services provided by the system. Encouragingly, the proposal would make significant improvements to workforce data infrastructure and linkages, codify grant programs for community college training initiatives and would strengthen alignment between career pathways and CTE programs of study among other aspects of the legislation. Advance CTE and partners are continuing to review this proposal and anticipate further consideration of the legislation sometime early next week. 

FY24 Funding Negotiations Make Little Progress

As shared previously, Congress recently passed another short-term extension of federal fiscal year 2023 (FY23) funding just before Thanksgiving. This continuing resolution (CR) created a “laddered” approach to funding federal operations with Labor, Health and Human Services, Education, and Related agencies (Labor-HHS-ED) appropriations extending funding through February 2, 2024 (along with seven other funding bills), while four other bills expire January 19, 2024. 

Since that time, however, lawmakers have struggled to make meaningful progress toward negotiating full-year FY24 appropriations legislation. This includes a lack of agreement on “topline” levels for the federal budget needed to develop individual sub-allocations for each of the 12 individual spending bills that compose federal operations, including the Labor-HHS-ED measure which provides funding for the Carl D. Perkins Career and Technical Education Act (Perkins V) and other programs of interest to the CTE community.

As a reminder, conservative lawmakers in the House have spent most of the calendar year seeking to advance legislation that would significantly and dramatically cut funding for the entire federal budget, including for many workforce development and education programs. Most recently, this faction of House Republicans now appears to be softening demands for steep cuts to federal spending, including these investments. Despite this modest progress, agreement between lawmakers on this critical topline issue still appears to be out of reach this week. House Speaker Mike Johnson (R-LA) recently floated the idea of a year-long CR if agreement could not be reached soon. However, leaders in the Senate have vocally opposed this idea.

As these efforts continue to take shape, Advance CTE will continue to advocate for robust and strengthened funding for Perkins V’s state grant program and other funding priorities of the CTE community. 

Steve Voytek, Policy Advisor 

Legislative Update: Congress Returns from Recess

December 1st, 2023

Congress returned this week from its Thanksgiving recess with a list of important agenda items that must be addressed before the end of the year. Elsewhere, the U.S. Department of Education announced new funding for full-service community schools while federal agencies announced the availability of free COVID-19 testing kits for schools. 

Agreement on Full-year FY24 Funding Remains Elusive

Prior to Thanksgiving, Congress passed another short-term extension of federal fiscal year 2023 (FY23) funding. The continuing resolution (CR) bifurcated the 12 individual spending bills that fund federal operations into two separate groups, each with a different expiration date. Of note for the Career Technical Education (CTE) community, the Labor, Health and Human Services, Education and Related Agencies (Labor-HHS-ED) appropriations component of this legislation would extend funding for programs like the Carl D. Perkins Career and Technical Education Act (Perkins V) through February 2, along with seven other funding bills, while four other funding measures are set to expire on January 19 of next year.

With these new funding extensions now in place, lawmakers must still work to negotiate full-year FY24 funding legislation. However, lawmakers appear to be currently prioritizing other items on the legislative agenda before turning to this important issue. As these efforts take shape, Advance CTE will continue to advocate for the significant funding needs of the CTE community as part of the wider FY24 appropriations process. 

ED Announces New Community School Funding

On Tuesday, November 28, the U.S. Department of Education (ED) announced the distribution of roughly $74 million in new funding for full-service community schools — comprehensive K-12 schools that are intended to provide more holistic and comprehensive wraparound services and related supports to learners and families to improve wider outcomes. “I am proud that the Biden-Harris Administration is expanding the number of community schools across the country as an evidence-based strategy to Raise the Bar in education and to deliver on our commitment to support students, families, and whole communities,” U.S. Secretary of Education Miguel Cardona stated as part of the announcement. The new round of funding will target schools in four new states, including Idaho, Missouri, New Hampshire and Ohio. Read more in the press release.

COVID-19 Test Kits Available for Schools 

This week the U.S. Department of Education, in partnership with the U.S. Department of Health and Human Services (HHS) announced a new effort to distribute COVID-19 testing kits free of charge to schools across the country. “The Biden-Harris Administration remains a committed partner with schools in keeping our students and teachers safe and healthy,” said ED’s Assistant Secretary for Planning, Evaluation, and Policy Development Roberto Rodriguez as part of the announcement. Read more in the press release.

Steve Voytek, Policy Advisor

Legislative Update: Congress Extends Funding Through Early Next Year

November 17th, 2023

This week, Congress passed another short-term extension of current funding for all federal programs and operations through early 2024. The measure maintains current funding levels for the Carl D. Perkins Career and Technical Education Act (Perkins V) along with other critical investments in education and workforce development. 

Congress Approves Funding Extension

After weeks of uncertainty, newly elected Speaker Mike Johnson (R-LA) announced plans over the weekend to advance legislation that would temporarily extend current federal fiscal year 2023 (FY23) funds through early next year. The legislation bifurcates the 12 individual spending bills that compose the federal government into two separate tranches — known as a “laddered” continuing resolution (CR) — with two separate expiration dates of January 19 and February 2. Of note for the Career Technical Education (CTE) community, the Labor, Health and Human Services, Education and Related Agencies (Labor-HHS-ED) appropriations component of this legislation would extend funding for programs like Perkins V and the Workforce Innovation and Opportunity Act (WIOA) through the February 2 deadline.

The laddered CR approach was initially met with skepticism by some lawmakers, as the strategy does not appear to fundamentally change the underlying dynamics of Congress’ current challenges in finding common ground on full-year FY24 spending. Nonetheless, the measure was introduced in the House this week and passed by an overwhelming bipartisan majority by a margin of 336-95. Notably, 93 Republicans and two Democrats voted against the measure—a dynamic that, just a few months ago, led to the surprising ouster of former Speaker Kevin McCarthy earlier this fall. The laddered CR was quickly taken up by the Senate where it was passed on a bipartisan basis by a margin of 87-11. The bill was just recently signed into law by President Biden before current funding legislation was set to expire later today (November 17).

Ostensibly, the passage of a CR is intended to provide lawmakers more time to negotiate FY24 appropriations legislation. However, both chambers have struggled to make progress on their respective slates of appropriations legislation. Meanwhile, in the House, Republican leaders were forced to pull the Labor-HHS-ED appropriations bill from further consideration after it became clear the measure would likely not have the necessary support to clear the chamber. House leaders were forced to pull other spending measures from consideration for similar reasons the last few weeks as well.

While the passage of the CR will avoid a government shutdown for the remainder of this calendar year, it remains unclear how Congress will use this additional time to either pass additional individual appropriations legislation, negotiate a larger full-year FY24 package or take an alternative route altogether. Advance CTE is continuing to engage with partners on Capitol Hill to ensure that the funding needs of the CTE community are realized as part of this wider process. 

Steve Voytek, Policy Advisor 

Legislative Update: FY24 Funding Deadline Approaches

November 9th, 2023

This week, lawmakers struggled to find common ground on a path forward on federal fiscal year 2024 (FY24) funding as a new deadline next week quickly approaches while the U.S. Department of Education issued guidance regarding federal civil rights obligations. 

Agreement on FY24 Funding Remains Out of Reach

This week, lawmakers continued to struggle to find consensus on a pathway forward on FY24 funding. As a reminder, the short-term extension of current FY23 funding levels, known as a continuing resolution (CR), is set to expire next week on November 17. Since neither chamber has made significant progress on individual FY24 appropriations legislation this week, lawmakers must now find consensus on another approach before this fast-approaching deadline.

Earlier this week, House Republicans met to consider several possible strategies, including a “laddered CR” approach, which would stagger deadlines of various appropriations bills over the next several weeks. However, House Republicans did not reach consensus on this, and it remains unclear how Speaker Mike Johnson (R-LA) plans to proceed. Recent reports indicate that the House may try to consider an extension of funding sometime early next week. Meanwhile, in the Senate, leaders are reportedly working on a forthcoming proposal to extend current funding levels. However, most recently, Republican Senate leaders have called for additional funding for issues at the southern border, which has complicated progress in the chamber. 

With only five legislative days until next week’s deadline, lawmakers appear to be no closer to finding agreement on FY24 funding due to these outstanding differences. Advance CTE is monitoring this process closely and engaging with partners on Capitol Hill to ensure that the funding needs of the Career Technical Education (CTE) community are met through this wider process. 

ED Issues Dear Colleague Letter Regarding Obligations to Address Discrimination

Over the last several weeks, several hate-based or bias-based incidents across the nation have occurred with increasing frequency following rising tensions in the Middle East. In response, the U.S. Department of Education issued a Dear Colleague letter to schools and institutions re-emphasizing their responsibilities and obligations under the Title VI of the Civil Rights Act to provide students with environments free of discrimination based on race, color, or national origin. In addition, the House Education and Workforce’s Subcommittee on Higher Education and Workforce Development is holding a hearing on the same topic next week while members of the Senate Health, Education, Labor, and Pensions (HELP) Committee are holding a roundtable drawing attention to this issue. 

Steve Voytek, Policy Advisor

Legislative Update: Consensus on FY24 Remains Elusive as Artificial Intelligence Comes into Focus

November 3rd, 2023

This week, Congress has continued to make modest progress on appropriations legislation for the federal government while lawmakers and President Biden have begun to consider how to manage the coming use of artificial intelligence (AI) technologies. 

Congress No Closer to Agreement on Fiscal Year 2024 (FY24) Education Spending

With new House Speaker Mike Johnson (R-LA) in place and another possible government shutdown only two weeks away, a new sense of urgency has swept Capitol Hill as lawmakers worked to pass several appropriations measures in both chambers this week. In the House, the Labor, Health and Human Services, Education, and Related Agencies (Labor-HHS-ED) appropriations bill — legislation that provides funding for the Carl D. Perkins Career and Technical Education Act (Perkins V) and other important Career Technical Education (CTE) related investments—has been moved directly to the House floor for consideration and a vote is scheduled sometime the week of November 13. As a reminder, if enacted, this proposal would reduce funding for Title I of the Every Students Succeeds Act (ESSA) by 80 percent and would substantially cut funding or entirely eliminate many other education and workforce development programs like the Workforce Innovation and Opportunity Act (WIOA). 

The Senate has not yet scheduled further consideration of its own version of this legislation which most recently advanced out of the Appropriations Committee and is awaiting consideration by the upper chamber. Unlike the House version of this legislation, which would freeze current funding for Perkins V’s basic state grant program, the Senate’s proposal would provide a much-needed $43 million increase in support for the primary federal investment in CTE. 

Under the new leadership of Speaker Johnson, the House has continued to pass other spending proposals that would drastically cut federal funding for a variety of programs, falling well below the topline spending targets outlined in the Fiscal Responsibility Act (FRA) — a bipartisan agreement that was passed by Congress earlier this year which avoided a catastrophic default on the nation’s debt obligations. At the same time, the Senate has continued to advance spending proposals that conform to the FRA agreement. With both chambers proposing wildly different visions for FY24 funding, it remains unclear how lawmakers will move forward by the middle of this month. Unless agreement can be reached by the beginning of 2024, an across-the-board sequester cut to all federal programs, mandated by the FRA, will come into effect. As these efforts continue to unfold, Advance CTE is continuing to work with partners on Capitol Hill to ensure the funding needs of the wider CTE education community are met as part of this process. 

Biden Administration Unveils Artificial Intelligence Executive Order

On Monday, October 30, President Biden issued a wide-ranging Executive Order regarding the “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” (AI). The measure has several components of note for the CTE community including how to support workers displaced by AI, strategies for attracting and retaining AI talent and directing federal agencies to explore how to strengthen or expand pathways programs leading into AI or adjacent occupational fields. The Executive Order also directs the U.S. Department of Education (ED) to develop resources, policies, and guidance on AI in education within one year and similarly directs the Departments of Labor, Commerce and others to produce similar recommendations on legislative and regulatory actions that can better support workers and learners navigate a world changed by the implementation of AI and related technologies. Learn more about these efforts in this factsheet.

Senate Examines AI’s Impact on the Workforce

Earlier this week, the Senate Health, Education, Labor and Pensions’ Subcommittee on Employment and Workforce Safety held a hearing titled, “AI and the Future of Work: Moving Forward Together.” The hearing featured testimony from witnesses representing the private sector and explored the potential impacts that AI will likely have on work as well as potential strategies to mitigate negative effects. A key theme of the hearing centered on the growing importance of lifelong learning, including the need to reform ways that the federal government supports learners pursuing postsecondary education. To that end, Senator Kaine (D-VA) highlighted the importance of Congress passing the JOBS Act – legislation that would expand Pell Grant eligibility for high-quality, shorter-term CTE programs. 

ED Distributes New Funding for Educator Diversity and Compensation Efforts

Late last week, the U.S. ED announced that it was awarding $115 million in new funding via the Teacher and School Leader Incentive Program — an initiative authorized by ESSA. These funds will support nearly 30 projects that aim to address teacher shortages while also increasing instructional staff diversity. This investment “… will help states and school districts recruit and retain new talent, increase compensation, and address educator shortages that we know disproportionately impact students from our communities of color, students from low-income backgrounds, students with disabilities and English learners,” U.S. Secretary of Education Miguel Cardona said, in part, as part of the announcement

Steve Voytek, Policy Advisor

Legislative Update: House Elects New Speaker

October 26th, 2023

After weeks without a leader, lawmakers in the House elected Representative Mike Johnson (R-LA) to be the next Speaker of the House. In addition, the U.S. Department of Education (ED) published new postsecondary regulations. 

Rep. Mike Johnson Elected Speaker of the House

After over three weeks without a leader, the House elected a new Speaker on Wednesday — Rep. Mike Johnson (R-LA). Over the last several weeks a slew of earlier candidates failed to garner the necessary support for this role, including Majority Leader Steve Scalise (R-LA), Judiciary Committee Chairman Jim Jordan (R-OH), and most recently, Majority Whip Tom Emmer (R-MN). Following these failed candidacies, House Republicans reconvened late Tuesday night this week to conduct another informal straw poll to determine a new candidate for the Speakership. After winnowing a field of eight declared candidates, Johnson ultimately prevailed over Rep. Byron Donalds (R-FL) by a margin of 128-29. The next day, acting Speaker Patrick McHenry (R-NC) reconvened the chamber to vote for a new Speaker where Johnson prevailed over current Minority Leader Hakeem Jeffries (D-NY) by a margin of 220-209.

Speaker Johnson was first elected to Congress in 2016 and has served most recently on the House Judiciary and Armed Services Committees. He has also Chaired the Republican Study Committee and was Vice Chair of the House Republican Conference prior to his ascent to the Speakership. Notably for the Career Technical Education (CTE) community, Johnson has been a member of the House CTE Caucus. However, not much else is known about Speaker Johnson’s wider education or workforce development priorities. In the lead up to his candidacy, he has committed to an aggressive timeline to advance federal fiscal year 2024 (FY24) spending bills over the next few weeks and months ahead. 

With the election of a new Speaker, lawmakers must now turn to a growing agenda that must be addressed this fall. This work includes determining a pathway forward on FY24 funding, with a new deadline of November 17 fast approaching. As the House determines its next steps, Advance CTE will continue to engage with partners on Capitol Hill to ensure that the funding needs of the CTE community are met as this process continues to take shape. 

ED Publishes New Postsecondary Regulations

Earlier this week, the U.S. Department of Education (ED) published final regulations regarding oversight and accountability for postsecondary institutions. The final rules package includes components related to institutional financial responsibilities, related administrative capacity, certification procedures, and changes to ability to benefit requirements – efforts aimed at afforded postsecondary access to learners who have not yet attained a high school diploma or equivalency. Advance CTE provided comment during the initial publication of these rules and is continuing to analyze them for implications for the wider CTE community. More information on the rules package can be found in this press release

Steve Voytek, Policy Advisor

Legislative Update: House Remains Without a Speaker

October 20th, 2023

This week, House Republicans continued to struggle to identify and advance a new Speaker of the House following the surprising ouster of the former House Speaker last week. Since that time no clear contender has emerged after disagreement within the House Republican conference persisted this week.

House Republicans Struggle to Find Consensus on New Leadership

House Republicans continued to struggle this week to elect a new Speaker of the House. As shared previously, a group of House Republicans successfully removed former Speaker Kevin McCarthy (R-CA) from this leadership role in recent weeks. Representative Patrick McHenry (R-NC) has been serving in an acting capacity since that time. However, McHenry’s role is limited in scope and authority meaning that the House, and as a consequence much of Congress, is presently unable to advance and enact legislation. Last week, current Majority Leader Steve Scalise (R-LA) won an internal Republican conference vote to be the House Republicans’ new Speaker-designate. Yet, his nomination was short-lived lived and Scalise pulled out of consideration after it became apparent that he would not have the requisite support within his own party to win a formal vote for the Speakership on the House floor.

House Judiciary Chair Jim Jordan (R-OH), who was the runner-up in this earlier internal conference vote, has since been nominated by his party to be the new Speaker Designate — an informal first step that Republicans have taken to ensure that a candidate will have the necessary support to win the 217 votes necessary to become the next Speaker of the House. Since that time, however, Speaker-designate Jordan has lost two House-wide Speakership votes, and it remains unclear if he will be able to garner the necessary support within his conference to lead the chamber. A third vote was scheduled earlier today which resulted in Jordan losing additional support within the Republican conference. At the time of this writing, the situation remains extremely fluid.

Advance CTE is continuing to monitor this process closely and will continue to provide analysis on potential implications regarding federal funding and other issues of importance for the Career Technical Education community.

Steve Voytek, Policy Advisor

Legislative Update: House Republicans Struggle to Find a New Leader

October 13th, 2023

This week, House Republicans continued to struggle to identify and advance a new Speaker of the House following the surprising ouster of the former House Speaker last week. Since that time no clear contender has emerged after disagreement within the House Republican conference persisted this week. 

House Republicans Continue Leadership Deliberations

Last week a group of House Republicans successfully ousted former Speaker Kevin McCarthy (R-CA) from this leadership position. Since that time, Representative Patrick McHenry (R-NC) has been serving on an acting basis in this role until the House formally elects a new Speaker. Following this surprising turn of events, Majority Leader Steve Scalise (R-LA) and House Judiciary Committee Chair Jim Jordan (R-OH) announced that they would both seek the support of the House Republican caucus to serve as the next Speaker. Earlier this week, House Republicans hosted a candidate forum for both Scalise and Jordan to make their case to colleagues regarding their respective candidacies. 

Following this forum, House Republicans reconvened to conduct an informal internal vote for a new Speaker before bringing this candidate to the full House for formal consideration. This effort was intended to facilitate broader consensus regarding a candidate before calling the House back into session and beginning the formal process of electing a new Speaker. Majority Leader Scalise narrowly won this internal House Republican caucus vote by a margin of 113-99 — making him the new Republican nominee to be the next Speaker of the House. However, with a slim margin of control in the chamber and a reluctance to rely on support from House Democrats, Scalise needed to secure at least 217 of the 221 House Republican members to formally become Speaker. 

Following this informal vote on Wednesday, Scalise continued to struggle to secure the support needed within his own party to move forward with a formal vote for Speaker. House Judiciary Chairman Jim Jordan (R-OH) is now the leading candidate for this leadership position. However, it remains unclear whether and how Jordan will be able to secure the votes necessary to be elected to this role. A formal vote for Speaker has not yet been scheduled at the time of this writing. Advance CTE is monitoring this process closely and will continue to provide analysis regarding potential implications regarding federal funding and other issues of importance for the Career Technical Education (CTE) community.  

Steve Voytek, Policy Advisor 

Legislative Update: Speaker McCarthy Ousted

October 6th, 2023

Following a tumultuous series of events last week which culminated in the passage of a short-term extension of current federal funding, a group of House Republicans moved this week to oust Speaker Kevin McCarthy (R-CA) from his leadership position. 

Kevin McCarthy Removed From Leadership Role

Earlier this week a small group of conservative House lawmakers, primarily members of the House Freedom Caucus led by Representative Matt Gaetz (R-FL), introduced a motion to vacate on Monday, October 2 – a formal legislative measure that ejects the sitting Speaker of the House from this position. As a reminder, in order to become Speaker earlier this year, Kevin McCarthy was forced to give a number of concessions related to the House’s rules to this group of conservative lawmakers given the extremely narrow margin of control in the chamber. Among these concessions was a rule change that allows any single Republican member to introduce a motion to vacate. This rule change has given rank-and-file members in the House enormous control over the legislative process this year given they could threaten to oust the Speaker with this procedural measure.  

Ostensibly this group of lawmakers, which has been seeking significant domestic spending reductions including for education and workforce programs, was upset with Speaker McCarthy because he introduced legislation last week, known as a continuing resolution (CR), to temporarily extend current federal fiscal year 2023 funding through November 17. This action was at odds with this group’s preferred vision for FY24 funding. The motion to vacate was passed by the full House chamber by a margin of 216-210 — an unprecedented move that formally removed Speaker McCarthy from office on Tuesday afternoon. Shortly after the vote, McCarthy announced that he would not seek to be renominated for the position.

In the interim, Rep. Patrick McHenry (R-NC) has replaced McCarthy on an acting basis until the House elects a new Speaker. Speaker Pro Tempore McHenry adjourned the House shortly after the vote and is expected to bring lawmakers back to DC next week. House Republicans are expected to convene early next week to formally consider several candidates that are currently vying for the Speaker position including House Majority Leader Steve Scalise (R-LA) and House Judiciary Committee Chair Jim Jordan (R-OH). Advance CTE is monitoring this process closely and will provide future updates for implications for the Career Technical Education (CTE) community as efforts to elect a new Speaker unfold.  

Steve Voytek, Policy Advisor

Legislative Update: Congress Passes Last-Minute Funding Extension

October 2nd, 2023

After weeks of fruitless negotiations on Capitol Hill the last few months regarding a pathway forward on full-year federal fiscal year 2024 (FY24) appropriations, lawmakers emerged with a temporary deal to avert an expected government shutdown this past weekend. Elsewhere, the U.S. Department of Education (ED) recently published anticipated postsecondary regulations. 

Lawmakers Narrowly Avert Government Shutdown

In a surprising turn of events Saturday morning, Speaker Kevin McCarthy (R-CA) introduced a 45-day legislative extension of federal funding to provide Congress more time to negotiate a pathway forward on longer-term appropriations legislation. For the last few months, Speaker McCarthy and his leadership team have repeatedly indicated that they would not allow the House to consider such an extension, known as a continuing resolution (CR), without significant spending and policy concessions demanded by conservative factions within the House Republican caucus. However, Speaker McCarthy abruptly set these demands aside Saturday morning, several hours before a government shutdown was set to begin, and introduced a CR that would simply extend current FY23 funding for federal programs and operations for the next 45 days. 

This measure was subsequently advanced by the full House of Representatives on an overwhelmingly bipartisan basis, 335-91. Following a contentious debate in the House, the bill was quickly sent to the Senate, where it was advanced by a margin of 88-9, before being sent to President Biden and signed into law. 

In the short term, this legislation prevents a government shutdown and will provide more time for lawmakers to continue to negotiate a pathway forward on full-year FY24 funding. However, with 90 House Republicans voting no on the measure, and with concessions Speaker McCarthy was forced to give earlier this year to conservative lawmakers in his party, this group of lawmakers may seek to force a vote to remove McCarthy from this leadership role as these efforts continue to get underway. Equally as important, Democrats’ and Republicans’ respective visions for FY24 funding still remain significantly far apart– despite the passage of the Fiscal Responsibility Act (FRA) which established, in part, a framework intended to facilitate the passage of a full-year FY24 funding measure this year. 

Consensus on FY24 funding is likely to prove contentious in the weeks ahead. As these negotiations progress, Advance CTE will continue to advocate for the passage of full-year FY24 appropriations legislation, including a strengthened investment in CTE via the Carl D. Perkins Career and Technical Education Act’s (Perkins V) basic state grant program as proposed by the Senate earlier this year. 

ED Finalizes Gainful Employment Rule

Earlier this year, ED proposed a new iteration of gainful employment (GE) rules– regulations that apply to certain postsecondary programs and are intended to ensure that learners are able to pay back federal financial aid obligations. Advance CTE and partners submitted comments to the department during this time and encouraged the agency to consider alternative ways to measure learners’ earnings as well as other suggestions to improve the proposal. Following this comment period, which attracted more than 7,500 responses from the public, ED published a preview of its final GE rule which will be formally published in the Federal Register on October 10. 

The final rule mirrors this earlier proposal closely and would apply to postsecondary career education programs that are otherwise eligible for aid under Title IV of the Higher Education Act (HEA). The rule includes a debt-to-earnings measure that would compare learners’ debt burdens to their total and discretionary income. In addition, the final rule includes a high school earnings measure which would compare the earnings of those that complete a program with the median earnings of a high school graduate in their state. If a program fails on the same measure twice within a three-year period, it would lose eligibility to receive Title IV funding. 

In addition, the rulemaking also includes a new financial value transparency framework (FVT). This component of the rules package is intended to provide learners and families with greater information and insights into the value proposition of enrolling in a postsecondary program prior to enrollment. The FVT would proactively disclose information related to program costs and potential return on investment with learners prior to receiving federal financial aid. This is intended to prevent learners from enrolling in a program that has the potential to leave them with unaffordable debt obligations. The FVT would also require learners to proactively affirm that they understand these risks prior to enrolling and using federal financial aid.

The final GE rules are set to go into effect July 1, 2024. The FVT requires the collection of new student outcomes information over the next two years and is expected to come into full effect mid-2026. However, as with previous ED regulatory efforts on this issue, there is a strong possibility that litigation may delay the implementation of one or both components of this rules package in the future. Advance CTE is continuing to analyze this proposal for wider implications for the CTE community and will be closely monitoring its implementation in the coming months. Additional information related to this rulemaking can be found in this factsheet

Steve Voytek, Policy Advisor 

 

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