Congress Returns to a Busy Work Period | Legislative Update

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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