Friday, June 19, 2020

Advocates seek legislative fix for Dreamers after high court win — House readies $1.5T 'infrastructure' plan including education, broadband — Rubio bill would regulate how college athletes earn money from endorsements

Delivered daily by 10 a.m., Morning Education examines the latest news in education politics and policy.
Jun 19, 2020 View in browser
 
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By Nicole Gaudiano

With help from Juan Perez Jr., Bianca Quilantan and Kathryn A. Wolfe

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Quick Fix

— Education groups, lawmakers and advocates are urging Congress to create a roadmap to citizenship for Deferred Action for Childhood Arrivals recipients — a large share of whom are students — after the Supreme Court rejected the Trump administration's attempt to wind down the Obama-era program. But the immediate outlook, as one advocate acknowledges, is "cloudy."

— Rebuilding America's schools will be part of a massive House "infrastructure" package that would dole out $1.5 trillion for everything from roads to housing, clean water, broadband and more.

Sen. Marco Rubio (R-Fla.) proposed legislation to regulate how college athletes can earn money from endorsement deals or other side gigs. The NCAA described the bill as "critical," but the debate is only getting started.

IT'S FRIDAY, JUNETEENTH. WELCOME TO MORNING EDUCATION. Got news to share? Please send tips to your host at ngaudiano@politico.com or to my colleagues, Juan Perez Jr. at jperez@politico.com, Michael Stratford at mstratford@politico.com and Bianca Quilantan at bquilantan@politico.com. Share event listings: educalendar@politicopro.com. And follow us on Twitter: @Morning_Edu and @POLITICOPro.

 

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Driving the Day

WHAT'S NEXT FOR DACA RECIPIENTS: The ruling sets up a pivotal moment, and a politically perilous one, for President Donald Trump: He can either side with the prevailing opinion among among Republicans — and Americans — and let DACA stand, or he can appeal once again to his hardline base and make another attempt to end the popular program. POLITICO's Anita Kumar has more on that.

— Meanwhile, the prospects for legislation in a divided Congress in an election year "remain cloudy," said Jose Magaña-Salgado, director of policy and communications for the Presidents' Alliance on Higher Education and Immigration, a group of university presidents. His group is calling on the administration to "forebear the deportation of DACA recipients until legislation is passed, whether in this Congress or future Congresses."

— Trump previously had indicated that, if delivered a win, he would slowly wind down the program and use it as leverage to try and strike a broader immigration deal with Democrats this summer.

— "No one is forcing the administration to end DACA and it is in the complete discretion of the administration to allow DACA recipients to remain as pillars of our community," Magaña-Salgado wrote in an email. "DACA must remain until our government, at long last, steps up and establishes a roadmap to citizenship for our nation's immigrant youth."

— University of California President Janet Napolitano, who had a hand in creating DACA while serving as Homeland Security secretary in the Obama administration, said her interpretation of the ruling is that it continues the program the way it was created in 2012. But the school is still looking for clarity on whether new DACA applications will be accepted.

— "That's something that we're looking at right now, whether new enrollees can start in the program," she said. "What we do know for sure is that those who qualify pursuant to the original 2012 memo can continue to stay in the program and can continue to re enroll in the program."

— House Democrats have been urging the Senate to take up their bill from last June, H.R. 6 (116) , to permanently extend the program. The measure was approved largely along party lines, and it's considered the most significant immigration bill to pass either chamber in six years.

— Joe Biden, the presumptive Democratic presidential nominee, vowed to make DACA "permanent by sending a bill to Congress on day one of my Administration," and protect Dreamers until a pathway to citizenship for them is passed. Our Bianca has more.

 

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Infrastructure

DEMOCRATS PUSH MASSIVE 'INFRASTRUCTURE' BILL: The House Democrats' "Moving America Forward" package will include an updated version of a $100 billion bill proposed by House Education and Labor Chair Bobby Scott (D-Va.) to repair infrastructure at public schools. The new version prioritizes improvements needed to help schools reopen safely from Covid-19-related closures, according to his staff.

— The bill would invest $100 billion over five years targeted at high-poverty schools with facilities that pose health risks to students and staff, he said during a Thursday news conference. This month, the GAO found more than half of the nation's public school districts need to update or replace critical building systems such as outdated heating and air conditioning systems that can imperil indoor air quality for students and staff.

— "In response to the pandemic, funding in the first year will be expedited to states so they can prioritize schools that are least prepared to meet public health reopening guidelines," Scott said.

— House Energy and Commerce Chair Frank Pallone (D-N.J.) also said the bill will include $100 billion for broadband, "which will get us to 100 percent coverage."

— House Speaker Nancy Pelosi said she intends for the legislation to pass the chamber before the July 4 recess. More from Kathryn A. Wolfe.

Higher Education

GAME ON: Some 30 states have debated, or are in the late stages of approving, separate laws that allow athletes to do things like pitch products or make money from their social media influence.

Last week, Florida Gov. Ron DeSantis signed a bill to grant the state's college athletes the ability to profit from their name, image and likeness. In 2019, California became the first state to open the door to college players cashing in on endorsements. Colorado approved a similar law in March.

The NCAA is now catching up with its own proposal, but wants federal protection to override the states and set its own rules.

Rubio's bill, dubbed the Fairness in Collegiate Athletics Act, does just that. It would also require the NCAA to set rules for student-athletes by June 30, 2021, and authorize the Federal Trade Commission to enforce them. Here's a big caveat: "Unfortunately, I don't think there's a unanimity of thought on this right now," Rubio told USA Today of Congress' mind on the issue.

— "It would crush players' rights, prohibit states from helping their players, & give NCAA immunity for illegal rules," the National College Players Association said of the bill. Rubio's proposal won praise from state college administrators, the Atlantic Coast Conference and Southeastern Conference.

 

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In Congress

PELOSI MOVES UP VETO OVERRIDE VOTE: Pelosi announced on Thursday that the House will vote sooner than previously scheduled on overriding a presidential veto of a bipartisan measure blocking Education Secretary Betsy DeVos' "borrower defense" rule. Michael Stratford has more.

 

HAPPENING MONDAY 9 a.m. EDT - "INSIDE THE RECOVERY," PART IV: CONGRESS DURING COVID-19: Join POLITICO Playbook co-authors Anna Palmer and Jake Sherman for a special virtual program featuring congressional reporters Heather Caygle and Burgess Everett. Get a behind-the-scenes look at what it is like to report from inside the Capitol during a global pandemic, what legislation on police reform is gaining traction, and what to expect in the next coronavirus aid package. REGISTER HERE

 
 
DeVos Today

CLOSED TO PRESS: DeVos and senior Education Department staff were invited to participate in a virtual conversation with The Federalist Society's Michigan Lawyers Chapter on Thursday. The event was closed to press.

— Asked for DeVos' remarks, a spokesperson responded: "The engagement was for their members and was always closed to the press. We don't typically release her remarks for these types of meetings."

— In January, when DeVos spoke to a Federalist Society gathering in the Missouri State Capitol building, she discussed her then-forthcoming Title IX regulation and called the Obama administration's approach an "egregious use of government force," according to prepared remarks the Education Department shared then with POLITICO. Those remarks were aired by ABC17NEWS.

Syllabus

— More than half Purdue faculty, staff feel unsafe returning to campus this fall, survey says: Lafayette Journal & Courier

— For-profit colleges, long troubled, see surge amid pandemic: New York Times

— Masks on Florida K-12 campuses are encouraged, but not feasible: POLITICO Pro

— Texas students will return to school campuses this fall, Gov. Greg Abbott tells lawmakers: Texas Tribune

— Princeton, Northwestern latest to not require SAT, ACT: Wall Street Journal

 

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