[Wsssc] {Disarmed} FW: FYI: Education Department weighs changes for CARES Act cash grant rules

[Joe Holliday]

Colleagues: see below, FYI.

                             [Joe]
[Compass]
Joe Holliday
Director, Student Services
Washington State Board for Community and Technical Colleges
jholliday at sbctc.edu<mailto:jholliday at sbctc.edu>• o: 360-704-4334 • f: 360-704-4418
sbctc.edu<https://www.sbctc.edu/> • Twitter: @SBCTCWashington<https://twitter.com/SBCTCWashington> • Facebook: @WASBCTC<https://www.facebook.com/wasbctc/>

SBCTC Vision:

“Leading with racial equity, our colleges maximize student potential and transform lives within a culture of belonging that advances racial, social, and economic justice in service to our diverse communities.”


From: Jan Yoshiwara <jyoshiwara at sbctc.edu>
Sent: Friday, August 21, 2020 9:27 PM
To: Joe Holliday <jholliday at sbctc.edu>; Ha Nguyen <hnguyen at sbctc.edu>; Carli Schiffner <cschiffner at sbctc.edu>
Subject: Fwd: FYI: Education Department weighs changes for CARES Act cash grant rules


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Begin forwarded message:
From: "Wilson, Morgan (GOV)" <Morgan.Wilson at gov.wa.gov<mailto:Morgan.Wilson at gov.wa.gov>>
Date: August 21, 2020 at 1:35:16 PM PDT
To: "Austin Hall, Ellen (ATG)" <ellen.austinhall at atg.wa.gov<mailto:ellen.austinhall 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>>, "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>>, "Francis, Paul" <pfrancis at councilofpresidents.org<mailto:pfrancis at councilofpresidents.org>>, "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>>, William Durden <wdurden at sbctc.edu<mailto:wdurden at sbctc.edu>>, 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: FYI: Education Department weighs changes for CARES Act cash grant rules

FYI



Education Department weighs changes for CARES Act cash grant rules

By Michael Stratford

08/20/2020 06:22 PM EDT

The Education Department is “actively considering” making changes to its rule that restricts emergency pandemic assistance only to college students who qualify for federal financial aid, the Trump administration disclosed in a court filing on Thursday.

The rule prohibits undocumented students, international students and immigrants who do not have green cards from receiving any of the $6 billion Congress set aside in the CARES Act, H.R. 748 (116) , to help students cover expenses like housing and food. Some U.S. citizens are excluded too, including those who have drug convictions or are in default on federal student loans.

A federal judge in June blocked Education Secretary Betsy DeVos from enforcing the policy against any student attending California community colleges, which had brought the legal challenge. DeVos appealed that preliminary injunction last week to the 9th Circuit Court of Appeals.

What happened Thursday: Government attorneys representing DeVos asked that the judge put their appeal on ice until the case is fully resolved in the lower court. Doing so, they argued, would “maximize judicial economy.”

The Trump administration also said in the court filing that the Education Department has accepted comments on the rule and may make changes to it. The “interim final rule” took effect immediately on June 17 when it was issued, but the department solicited public feedback for a month.

Now that the comment period is over, the Trump administration wrote, "the Department is actively considering whether to retain or modify the rule in response to the comments it received." It is not clear what changes the Education Department might make to the rule, if any.

Key context: The legal battle over DeVos’ restrictions to the CARES Act grants are continuing in other states beyond California.

A federal judge in Washington state has blocked DeVos from imposing some of her restrictions on the emergency funding for students at any college in that state. But the judge also allowed DeVos to use a 1996 welfare law to prohibit the money from flowing to undocumented students.

At the same time, a federal judge in Massachusetts, like the one in California, has ruled that none of DeVos’ restrictions on the funding are likely to pass legal muster. The judge blocked DeVos from denying assistance to an individual student in Boston, an immigrant from Haiti who is participating in the Temporary Protected Status program.

But the Massachusetts attorney general's office is considering intervening to expand the scope of the order, according to court filings in the case. The judge has said he is willing to consider expanding his injunction to cover more students.

The Education Department has said it is complying with the preliminary injunctions but plans to enforce the restrictions elsewhere across the country. A DeVos spokesperson previously said the department expects to prevail on appeal.

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