CTE Policy Watch: A blog for CTE advocates

U.S. Department of Education Workforce Halved

This week, the U.S. Department of Education initiated a reduction in force (RIF) reducing the agency’s workforce from 4,133 employees to approximately 2,183 workers.

This includes nearly 600 employees who accepted voluntary resignation opportunities through the Deferred Resignation Program and Voluntary Separation Incentive Payment. The other roughly 1,400 employees impacted by the RIF were placed on administrative leave beginning Friday, March 21. Staffing cuts particularly affected the Department’s civil rights, financial aid and education research teams, although the Office of Career, Technical and Adult Education lost staff as well. 

ACTE and Advance CTE are extremely concerned that staffing and funding cuts at ED are likely to hinder the distribution of Perkins grants, disrupt data collection on CTE participation and outcomes, reduce essential guidance, and jeopardize access for vulnerable learners. These recent actions also appear to essentially eliminate all functions at the Institute of Education Sciences and National Center for Education Statistics, halting critical research and data collection. Read more in our joint statement.

Education Department Releases New FAQs on DEI Issues

On February 14, the U.S. Department of Education (ED) released a Dear Colleague Letter suggesting a broad interpretation of the Supreme Court’s 2023 decision in Students for Fair Admissions v. Harvard and directing educational institutions to comply with instructions outlined in the letter related to civil rights and anti-discrimination. However, many educational institutions had questions about the broad interpretations and directives provided in the Dear Colleague letter.

To address some of those questions, ED released an additional set of Frequently Asked Questions on March 1. Notably, the FAQs largely only focus on race, and not other student characteristics. The questions addressed include:

• Can schools separate students by race if they treat all students equally?
• Are Diversity, Equity, and Inclusion (DEI) programs unlawful under Students for Fair Admissions v. Harvard? 
• How will OCR investigate allegations of covert discrimination? 
• How will OCR proceed with schools that it determines are out of compliance with Title VI? 

The FAQs do suggest that some DEI programs would not be found in violation of the civil rights law, assuming programs do not “engage in racial exclusion or discrimination” and “are open to all students regardless of race.”

It is important to note that the Dear Colleague Letter and related FAQs are merely guidance and do not have the force and effect of law and do not create new legal standards. The issues addressed in both are already facing legal challenges however, which are likely to continue.

McMahon Testifies before HELP Committee on Confirmation to Lead Education Department

On Feb. 13, Linda McMahon, President Donald Trump’s nominee for Secretary of Education, testified before the Senate Health, Education, Labor and Pensions (HELP) Committee. McMahon, co-founder of World Wrestling Entertainment (WWE) and former head of the Small Business Administration, faced rigorous questioning regarding her qualifications and policy positions.

McMahon handled questions on myriad topics, ranging from school choice to student loan forgiveness and the Administration’s Executive Orders. When asked about the authority to close the Department of Education (ED), McMahon acknowledged that any effort would require approval from Congress. However, she seemed to support at least some of the recent activities from the Department of Government Efficiency at the agency and relocating programs to other agencies, noting “the bottom line is, because it’s not working.” She also stated, “I do think it’s worthwhile to take a look at the programs before money goes out the door,” and noted she would have to review activities once she was confirmed. 

A highlight of the hearing for our community was McMahon’s support for CTE. She said, “Our workers deserve more postsecondary pathways, career-aligned programs, apprenticeships and on-the-job learning.” McMahon added that she would like to strengthen secondary CTE programs and see more dual-credit programs offered at high schools that would count toward community college and other institutions. “Our vocational and skilled-based training is not a default education; it can be front and center so that students who are inclined to go in that direction actually should be encouraged to do that,” she said.

On Pell Grants, McMahon voiced her support for expanding Pell Grants for short-term training programs. “I’d like to see short-term certificates for Pell grants for students who aren’t going on to four-year universities, who could have the opportunity to use Pell grants for skilled-based learning,” she said. She added that short-term Pell would stimulate the economy by providing an opportunity for anyone who wants to participate in skill-based learning and get into the workforce faster.

The HELP Committee will vote on the confirmation on Feb. 20. If the committee approves the nomination, then a vote by the full Senate will come next.

A recording of the hearing can be found here.

Department of Education Announces OCTAE Nominee

This week, the U.S. Department of Education announced a new set of nominees for leadership positions, including Kevin O’Farrell as the  Assistant Secretary for Career and Technical Education. We released the following statement on the nomination:

The Association for Career and Technical Education (ACTE) congratulates Kevin O’ Farrell on his recent nomination to serve as the next Assistant Secretary for Career and Technical Education within the U.S. Department of Education.

The Office of Career and Technical Education (OCTAE) plays a critical leadership role in helping promote high-quality career and technical education (CTE) programs around the country and overseeing the implementation of key federal policies supporting these programs. We are pleased that the nominee to lead this agency has a strong background in CTE and broader education policy.

O’Farrell is currently the Chancellor for the Division of Career and Adult Education in Florida’s Department of Education, and is the state director for CTE there. His experience with the various programs that OCTAE oversees, as well as knowledge cultivated during his long career in education, will be an important asset as the Trump Administration works to prioritize CTE.

CTE plays a critical role in connecting learners to high-wage, in-demand career opportunities that are vital to building a 21st-century workforce and supporting the U.S. economy. It is more important now than ever that experienced and dedicated professionals are working to ensure CTE is supported at the federal level to ensure that all students can enter high-quality CTE programs.

ACTE looks forward to working with O’Farrell and the entire OCTAE team to expand opportunities for CTE students and support CTE educators and administrators throughout the country.

Department of Education Announces Plans to Reinstate Existing Perkins Requirements

Last fall, the U.S. Department of Education published a series of proposed changes to the Perkins State Plan Guide and Consolidated Annual Report (CAR) tool that states use to submit Perkins performance data to them. The proposed changes would have required states to submit new Perkins V state plans and change many of their performance indicator definitions and operational approaches. Through two formal comment periods, we worked with partner organizations to express concern about these proposals and the administrative burden they would place on states and local Perkins recipients.

While some changes were made to the proposals by the Department during that comment process, the data requirements in particular remained in final revised documents published in mid-January. We continued to work with policymakers and the new Administration to express concerns about the ramifications of the proposed changes.

On February 10, the Department announced that it would be reversing the revisions and reinstating the previous versions of the State Plan Guide and CAR Guide. A notice will be published in the federal register soon. This move should allow states to continue implementing their current plans and data systems without having to make mandated changes.  

Congress and the Administration Take Action on School Vouchers

On Wednesday, President Donald Trump signed an Executive Order (EO) setting out school choice as a major priority for the Trump Administration and the Department of Education. The school choice executive order calls for the Education Department to prepare guidance for states within 60 days on how they can tap into existing federal funding streams to bolster K-12 education choice programs. The Secretary of Education is also directed to include “education freedom” as a priority in competitive grant competitions, and other agencies are directed to review their programs for opportunities to use funding for choice options, including private, faith-based or public charter schools.  

Additionally, Sens. Bill Cassidy (R-LA) and Tim Scott (R-SC) along with Reps. Burgess Owens (R-UT) and Adrian Smith (R-NE) reintroduced The Educational Choice for Children Act (ECCA). The bill would provide up to $10 billion in annual tax credits to individuals or businesses who donate to scholarship granting organizations. It is meant to incentivize charitable donations to school choice programs.  

“Parents want to see their child succeed. Giving them the ability to make decisions over their child’s education puts that child’s needs first,” said Dr. Cassidy. “More freedom empowers parents and allows American children to thrive in school.” It is believed that lawmakers will push to include this bill in the upcoming budget reconciliation proposal.  

ACTE does not support legislation that would divert resources from public education, and is working in coalition with other education organizations to protect funding for public schools. If you have any questions, please do not hesitate to reach out to ACTE’s Government Relations Manager, Jimmy Koch ([email protected]). 

 

OMB Announces Pause for Federal Grants

Update #2: Early afternoon on January 29, the Office of Management and Budget issued a new memo rescinding the previous one. This may allow most federal funds to be disbursed for now, although next steps remain uncertain. 

Update #1: On the evening of Janary 28, after this blog was published, a federal judge issued a temporary halt to implementation of the pause, through Feb. 3, pending further hearings. It is unclear at this time what impact the court order will have on the process. 

Last night, the Trump Administration announced a temporary pause of agency grant, loan and other financial assistance programs. The Office of Management and Budget (OMB) released a memo ordering all agency heads to pause all federal assistance programs. The order takes effect at 5pm today.  

By February 10, agencies are to report all “programs, projects, and activities that may be implicated” and in the meantime, “to the extent permissible under applicable law” stop all obligations or disbursements of federal funds, including new and existing awards and “other relevant agency actions that may be implicated by the executive orders.” OMB can make exemptions, and this order does not apply to assistance provided directly to individuals. 

Federal agencies are additionally ordered to withdraw previously published award solicitations and “cancel awards already awarded that are in conflict with Administrative priorities” to the extent allowed by law.   

This pause should not affect most K-12 formula grant programs like Perkins in the short term, as most funding from education-related formula grants for this school year has already been distributed by the Department of Education (for example, FY 2024 Perkins funds became available to states on July 1 and October 1 of last year). Other programs that are funded on a different schedule or where more regular payments are made from the federal government could be impacted.   

The memo also notes that the pause does not apply to programs providing benefits directly to individuals. While there has been mixed information throughout the day, the latest information we have makes is that Pell grants will continue to be distributed without delay, at least for now. This interpretation could change again though, as official guidance has not been released from the Department of Education.  

The order has already seen several legal challenges. The timeline of when these challenges will be argued in court is not yet known.  

We know this is a challenging situation for those that rely on federal funding. There are many uncertainties, and information and interpretations have been rapidly changing throughout the day. We will continue to keep you updated on how this could impact the field as we learn more and more guidance is issued. If you have any questions, please don’t hesitate to reach out to ACTE’s Government Relations Manager, Jimmy Koch ([email protected]).   

In the meantime, the best way to address any funding pause you or your institutions may be experiencing is to contact your Members of Congress with specific examples and ask them to intervene.  

Recent Executive Orders Impacting Education

In the initial days of President Donald Trump’s second term, he has signed several executive orders (EO) that may have significant implications for education. Shortly after taking the Oath of Office, President Trump signed an EO that orders a federal hiring freeze at agencies for 90 days. This order would prevent agencies like the Department of Education’s Office of Career, Technical and Adult Education (OCTAE) from hiring additional career staff to implement CTE programs.

President Trump also made diversity, equity and inclusion a top area of focus. The first DEI order would end DEI programs across federal agencies. This EO mandates the cessation of DEI-related initiatives, training, policies, and contracts within 60 days, leading to the removal of DEI resources from agency websites and the cancellation of associated training and service contracts.

On Tuesday, President Trump signed a second DEI related EO, which declares that DEI policies and programs can violate federal civil rights laws and directs federal agencies to combat illegal private sector DEI preferences, mandates, policies and activities. The EO also directs each federal agency to identify up to nine corporations or associations, large foundations, or colleges with endowments over $1 billion as potential targets for “civil compliance investigations.”

It is important to keep in mind that these EOs do not change current law related to Perkins or other education programs, so requirements around things like disaggregated data reporting and addressing gaps in performance are not impacted at this time.

President Trump also took actions to rescind many of the EO’s President Biden signed during his term. This includes several on discrimination related to gender identity and sexual orientation, the reopening of schools during the pandemic and President Biden’s priorities on advancing equity to various minority populations.

In the case of many of the Executive Orders, more information and guidance will be needed from the Department of Education before the impact on school districts or postsecondary institutions can be fully determined. A number of the EOs are likely to be challenged in court as well.

In the coming weeks, ACTE will continue to track all EO’s that could have an impact on education. If you have any questions, please don’t hesitate to reach out to ACTE’s Government Relations Manager, Jimmy Koch ([email protected]).  

President-Elect Trump Nominates Linda McMahon for Education Secretary

President-elect Donald Trump picked Linda McMahon, a business and wrestling executive and former administrator of the Small Business Administration (SBA), to lead the Education Department. Most recently, McMahon served as co-chair of Trump’s transition team.  

From 2017-2019, McMahon served as the SBA administrator. During her tenure, she focused on promoting small business growth and frequently traveled the country talking with small business owners touting the effects of the 2017 Tax Cuts and Jobs Act. She left the Administration in 2019 to help create the American First Policy Institute, a conservative think tank that’s been closely involved in planning for the second term. 

McMahon’s education experience includes serving on the Connecticut State Board of Education in 2009. She is also a trustee at Sacred Heart University, a private Catholic school in Fairfield, Connecticut. 

In his announcement of McMahon, President-elect Trump said that McMahon will bring decades of leadership experience as well as a “deep understanding of both Education and Business” to empower the next generation of students and workers. The president-elect also reiterated his desire to give states more control of education systems.  

One potential focus of McMahon could be short-term Pell. In a September op-ed, McMahon advocated for the expansion of Pell Grants for short-term training programs. In the piece she states, “many degree programs have lost sight of their mission. And their one-size-fits-all solution to workforce development has become outdated. Our educational system must offer clear and viable pathways to the American Dream aside from four-year degrees.” 

As McMahon’s nomination moves through the Senate, ACTE will keep you updated on the latest developments.  

ED Launches CTE CHIPS Challenge With $1M Prize Pool

This week, the U.S. Department of Education launched the CTE CHIPS Challenge, a $1 million multi-phase prize competition to expand student recruitment, training and placement strategies in semiconductor fabrication (fab) construction and advanced manufacturing careers aligned with the CHIPS and Science Act (CHIPS). Learn how you can take advantage of this opportunity with the first CTE CHIPS Challenge informational webinar on October 29.

Through this Challenge, the Department invites educators to submit innovative action plans by December 20 to:

• Increase students’ opportunities to develop skills and experiences that better prepare them CHIPS-aligned careers;
• Expand student recruitment, training and placement strategies in these high-skill, high-wage in-demand careers; and 
• Support teachers in building out CTE programs. 

Semi-finalists and finalists will be eligible to receive targeted technical assistance, opportunities to learn from subject experts, access to peer networks, recognition on a national scale and a portion of the $1 million prize pool. 

Join the CTE CHIPS Challenge Community and encourage others in your network to do the same. Learn more at CTECHIPSChallenge.com.