Capitol to Capitol | Oct. 31, 2022

Nation’s Report Card Shows Widespread Declines in Math and Reading

Math scores on the 2022 National Assessment of Educational Progress were down from 2019 by a statistically significant amount in 41 states in fourth grade and 49 states in eighth grade. The declines for those grades were the largest since assessments began in 1990. Reading scores on the NAEP, also known as the Nation’s Report Card, were down in 30 states in fourth grade and 33 states in eighth grade. Nationwide, this year’s reading scores were not significantly different from those in 1992. Read more.

NCSL Contact: Austin Reid

New Rules for Public Service Loan Forgiveness Announced Ahead of Oct. 31 Waiver Deadline

Borrowers with federal Direct Loans may receive a one-time adjustment in the count of payments that qualify toward forgiveness under income-driven repayment and the Public Service Loan Forgiveness program on July 1, 2023. While no application is necessary, borrowers with loans that are not directly managed by the Department of Education must consolidate their loans into the Direct Loan program before May 1, 2023, to be eligible. Current rules for the loan forgiveness waiver program end today, though many features of the program will be included in the new rules that begin on Nov. 1. Among the features going away is the department’s suspension of the requirement that borrowers be enrolled in public service at the time of loan forgiveness.

The new rules also allow borrowers to receive credit on late payments, and they count certain periods in deferment or forbearance toward PSLF. Additionally, borrowers will receive a weighted average of existing qualifying payments toward PSLF when they consolidate their Direct Loans. Under current rules, borrowers lose all progress toward forgiveness when they consolidate. The new rules also clarify criteria to help borrowers certify employment. Read more.

NCSL Contact: Austin Reid

Anticipated End of COVID-19 Public Health Emergency Likely to Significantly Impact States

Though the public health emergency was just renewed for 90 days on Oct. 13, NCSL staff anticipate that it will end in 2023, resulting in increased costs to states related to vaccines, testing and treatment for Medicaid recipients. Should the emergency not be renewed, the cost of administration of vaccines for the Medicaid population, matched at 100% during the emergency, will subsequently be matched at a  state’s regular Federal Medical Assistance Percentage (FMAP) and enhanced FMAP for the Children’s Health Insurance Program while state Medicaid programs will continue to cover COVID-19 testing ordered by a physician after the mandated coverage period ends, state coverage of tests without a physician’s order will be optional and could also include cost-sharing. Additionally, states that had opted to provide COVID testing and treatment to uninsured people during the emergency will no longer receive federal matching funds.

States are also likely to incur additional costs as the federal supply of no-cost COVID treatments is depleted and the cost of these treatment shifts to states (at their regular FMAP). These costs will be subject to commercial market pricing as the manufacturing and distribution of COVID countermeasures moves to commercial markets. Read more.

NCSL Contact: Lauren Kallins

HUD Announces Funding for Rapid Response Housing Program

The Department of Housing and Urban Development announced the first round of allocations from the new Rapid Unsheltered Survivor Housing (RUSH) program. RUSH funding is available for disaster-affected states to combat post-disaster homelessness and displacement. The funds can be used for outreach, emergency shelter, rapid re-housing and other assistance to people experiencing or at risk of homelessness. HUD Secretary Marcia Fudge said $6.8 million will go to Florida, the first state to receive RUSH funding, in response to Hurricane Ian. The funding is split between the state and seven of the localities impacted by the hurricane which made landfall in the state on Sept. 28. The RUSH program has $56 million available, with a maximum allocation of $3 million for states and $1 million for localities. Read more.

NCSL Contacta: Susan Parnas Frederick, Nicole Ezeh (disaster relief) and Jon Jukuri (housing)

CISA’s New Strategic Plan Focuses on Stakeholder Engagement

The Cybersecurity and Infrastructure Security Agency’s first stakeholder engagement plan contains three main goals:

• Collaboratively plan and implement stakeholder engagement and partnership activities to advance a unified mission by supporting and sustaining a trust-based relationship with state, local and tribal governments.

• Gain insight from stakeholder feedback on CISA best practices.

• Provide easy access to CISA programs, services and information.

NCSL has enjoyed a productive relationship with CISA since the agency’s inception in 2018. Read more.

NCSL Contacts: Susan Parnas Frederick and Erlinda Doherty

Department of Education Announces New Higher Education Accountability Regulations

The regulation updates the “90/10 rule” by preventing for-profit colleges from counting money from veteran and service member benefits toward the 10% of revenue they are required to obtain from non-federal sources. The rules also include new oversight of prison education programs that enroll incarcerated students with Pell grants and clarify procedures institutions must follow for changes in ownership. Read more.

NCSL Contact:  Austin Reid

In Every Edition

• NCSL Recent Letters to the Hill and Blogs: Read NCSL’s most recent correspondence to members of Congress and the administration, and state-federal blogs.

• The Reading Room: Interesting reports issued last week.

NCSL Staff in Washington, D.C.

• Molly Ramsdell | 202-624-3584 | Director

• Susan Frederick | 202-624-3566 | Law, Criminal Justice, and Public Safety

• Nicole Ezeh | 202-624-3568 | Law, Criminal Justice, and Public Safety

• Ben Husch | 202-624-7779 | Natural Resources and Infrastructure

• Kristen Hildreth | 202-624-3597 | Natural Resources and Infrastructure 

• Jon Jukuri  | 202-624-8663 | Labor, Economic Development and International Trade

• Deanna Ross | 202-624-8680 | Labor, Economic Development and International Trade

• Austin Reid | 202-624-8678 | Education

• Erlinda Doherty | 202-624-8698 | Communications, Financial Services and Interstate Commerce

• Brian Wanko | 202-624-5400 | Budget and Revenue

• Lauren Kallins | 202-624-8170 | Health and Human Services