[Wsssc] {Disarmed} FW: DeVos eyes publication of rule on which college students qualify for emergency aid

[Joe Holliday]

WSSSC: see below courtesy of the Governor’s Office. I am still waiting for guidance from Dave Stolier, but it appears we will need to put our guidance broadening student eligibility for CARES Act aid on hold. It appears this will have to battled out in the courts for the time being. As soon as I hear back from the AGs office, I will let you know. Ha Nguyen is notifying the financial aid directors. Joe

From: Wilson, Morgan (GOV) <Morgan.Wilson at gov.wa.gov<mailto:Morgan.Wilson at gov.wa.gov>>
Sent: Monday, June 8, 2020 1:00 PM
To: Austin Hall, Ellen (ATG) <ellen.austinhall at atg.wa.gov<mailto:ellen.austinhall at atg.wa.gov>>; Sprung, Jeff T (ATG) <jeff.sprung at atg.wa.gov<mailto:jeff.sprung at atg.wa.gov>>; Aultman, John (GOV) <john.aultman at gov.wa.gov<mailto:john.aultman at gov.wa.gov>>; Kenna-Schenk, Becca <becca.kenna-schenk at wwu.edu<mailto:becca.kenna-schenk at wwu.edu>>; Bennett, Don (WSAC) <DonB at wsac.wa.gov<mailto:DonB at wsac.wa.gov>>; Boggs, Breann (OFM) <breann.boggs at ofm.wa.gov<mailto:breann.boggs at ofm.wa.gov>>; Davis, RaShelle (GOV) <rashelle.davis at gov.wa.gov<mailto:rashelle.davis at gov.wa.gov>>; Francis, Paul <pfrancis at councilofpresidents.org<mailto:pfrancis at councilofpresidents.org>>; Glynda Becker (WSU) <glynda.becker at wsu.edu<mailto:glynda.becker at wsu.edu>>; Arlen Harris <aharris at sbctc.edu<mailto:aharris at sbctc.edu>>; Hollimon, Cynthia (OFM) <cynthia.hollimon at ofm.wa.gov<mailto:cynthia.hollimon at ofm.wa.gov>>; Jon Kerr <jkerr at sbctc.edu<mailto:jkerr at sbctc.edu>>; Brown, Kristina <kristina.brown at ltgov.wa.gov<mailto:kristina.brown at ltgov.wa.gov>>; Meotti, Michael (WSAC) <MichaelM at wsac.wa.gov<mailto:MichaelM at wsac.wa.gov>>; Miller, Michaela <michaela.miller at k12.wa.us<mailto:michaela.miller at k12.wa.us>>; Papadakis, Eleni (WTB) <eleni.papadakis at wtb.wa.gov<mailto:eleni.papadakis at wtb.wa.gov>>; Sarah Castro (UW) <smcastro at uw.edu<mailto:smcastro at uw.edu>>; Sharpe, Rachelle (WSAC) <RachelleS at wsac.wa.gov<mailto:RachelleS at wsac.wa.gov>>; Standish-Kuon, Terri <terri at icwashington.org<mailto:terri at icwashington.org>>; Thompson, Becky (WSAC) <BeckyT at wsac.wa.gov<mailto:BeckyT at wsac.wa.gov>>; Thompson, Maddy (GOV) <maddy.thompson at gov.wa.gov<mailto:maddy.thompson at gov.wa.gov>>; Jan Yoshiwara <jyoshiwara at sbctc.edu<mailto:jyoshiwara at sbctc.edu>>
Cc: Katims, Casey (GOV) <casey.katims at gov.wa.gov<mailto:casey.katims at gov.wa.gov>>; Potter, Geoff (GOV) <Geoff.Potter at gov.wa.gov<mailto:Geoff.Potter at gov.wa.gov>>
Subject: FW: DeVos eyes publication of rule on which college students qualify for emergency aid

FYI



DeVos eyes publication of rule on which college students qualify for emergency aid

By Michael Stratford

06/08/2020 02:36 PM EDT

The Trump administration is planning to unveil a new regulation this week that restricts which college students may receive emergency grants to cover expenses like food and housing.

The Education Department is moving to publish an “interim final rule” that requires colleges to exclude undocumented students and others who don’t qualify for federal student aid from a more than $6 billion emergency cash grant program under the CARES Act, H.R. 748 (116).

Department officials wrote in a notice released on Monday <https://s3.amazonaws.com/public-inspection.federalregister.gov/2020-12491.pdf> that they expect to publish the “interim final rule” in the Federal Register “on or about” Tuesday. Such rules typically take effect immediately, without first going through the usual process of soliciting and responding to public comments.

POLITICO reported<https://www.politico.com/newsletters/morning-education/2020/06/05/education-department-weighs-rule-on-emergency-grant-relief-788286> last week that the Education Department had been considering regulatory action on the matter.

The new regulation will carry out — now with the force of law — a policy that Education Secretary Betsy DeVos first outlined through a Frequently Asked Questions document in April<https://www.politico.com/news/2020/04/21/betsy-devos-undocumented-college-students-aid-199465>. Democrats and college officials have cried foul over<https://www.politico.com/news/2020/04/27/devos-undocumented-students-coronavirus-aid-212037> that guidance, arguing that it goes against the intent of the CARES Act, which does not include any explicit restrictions on which students can receive the funding.

Two states — California and Washington — have brought legal challenges to the guidance. In the face of those lawsuits, the Education Department backed away from the significance of the guidance, promising not to enforce it and downplaying it as “preliminary.”

The expected release of the new regulation coincides with federal judges in San Francisco and Spokane, Wash., holding hearings on Tuesday and Thursday, respectively, on the two states’ motions for a preliminary injunction blocking DeVos’ guidance.

It’s not yet clear exactly how DeVos’ new regulation will be worded. But Education Department officials indicated in documents filed with the White House Office of Management and Budget that the administration will be moving ahead with its contentious position on who can receive relief — limiting funding only to those students who are already eligible for federal financial aid under Title IV of the Higher Education Act.

The Trump administration has “concluded that Congress intended the term ‘student’ in the context of ‘grants to students’ in section 18004 of the CARES Act to be limited to those individuals who are or could be eligible for Title IV assistance,” department officials wrote in the document.

Colleges and universities, who have already been doling out the CARES Act funding for weeks, will now “be required to establish or modify processes to ensure student eligibility for the funds allocated to them under the CARES Act,” department officials added.

Students who “have not already established title IV eligibility” and want access to the CARES Act funding will have to demonstrate that they’re eligible, according to the document.

The documents were filed as part of the department's request to OMB for emergency permission to collect information about which college students are eligible for the grants. It will be up to colleges and universities to create their own forms for students to apply for the funding, according to the department's request.

In seeking OMB’s approval, the Education Department characterized the increased paperwork burden to students and colleges navigating the new rule as one that was “due to agency discretion.” The department did not designate the burden as one that was because of a “program change due to new statute.”

Angela Morabito, an Education Department spokesperson, confirmed on Monday that the agency plans to publish a rule “soon” but declined to comment further.

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