The Biden presidency and a new direction in education policy
Subscribe to the brown center on education policy newsletter, kenneth k. wong kenneth k. wong nonresident senior fellow - governance studies , brown center on education policy.
December 17, 2020
Within the first moments of his speech acknowledging the news that he won the presidential election, Joe Biden heralded a good day for educators. He took the opportunity to acknowledge the educational contribution of Dr. Jill Biden, community college professor and soon-to-be first lady. Biden’s commitment to education is visibly displayed in many of the 49 action plans posted on his website.
But the incoming Biden-Harris administration faces major policy and political challenges in the education realm, many of which stem from President Trump’s unilateral action to reduce federal involvement in American schooling. The Trump team primarily pursued a strategy of rolling back initiatives launched by the Obama administration that promoted systemic racial equality, protected student rights, and strengthened state and district capacity.
President Trump’s disengagement has created broader policy challenges for the Biden administration as well. The nation’s schools are stretched beyond their capacity to deliver remote instruction and ensure student safety during the pandemic. State budgetary shortfalls will need timely federal assistance. Across thousands of local communities, the Black Lives Matter movement has inspired a racial justice agenda, with clear ripple effects on public schools. Political support for the Biden agenda seems unpredictable as the public sends mixed signals on divided governance.
Taking into account candidate Biden’s policy platform, the current policy challenges, and the governing landscape in 2021, I see the Biden-Harris administration likely to focus on several priority areas related to American schooling.
Tame the pandemic and invest in innovation
Confronting the pandemic is Biden’s primary education issue beginning on Jan. 20, 2021. Biden has repeatedly announced that he wants to shut down the virus so he can safely reopen schools and the economy. The Biden administration has relied on the nation’s top health experts to develop effective anti-pandemic strategies and establish national guidelines to restore the nation’s economic and social life. The new administration will need to strengthen its partnership with states and districts to ensure school safety and to implement strategies that narrow the widening learning gap associated with the pandemic—especially in racially or economically marginalized communities.
Recent research found a significant gap in mathematics arising during the pandemic. Clearly, the Biden administration will need to act swiftly to work with states and districts to start addressing the gap in teaching, connectivity, resources, social-emotional well-being, and student engagement. In the absence of federal support, the achievement gap and children’s nonacademic needs are likely to grow. Drawing on lessons from the State Fiscal Stabilization Fund of the 2009 American Recovery and Reinvestment Act, the Biden administration may launch an education-focused package to ensure school safety, stabilize teacher employment, strengthen bandwidth for remote and hybrid learning, and prioritize educators to receive vaccines.
The Biden team is well positioned to simultaneously manage the next few months of the pandemic and the next generation of learning systems through investments in governmental capacity. The Biden administration may incentivize health and education agencies to share data, coordinate resource allocation, streamline communications, engage parents and communities, and deploy rapid response teams to combat hot spots. Equally important, Biden is well positioned to make significant investment in remote and hybrid learning, pilot new schooling models with flexible schedule and spatial design, and, at the secondary and postsecondary levels, promote cross-institutional collaboration to meet the educational challenge of the global system in the 21 st century. These investments may potentially transform teaching and learning by lessening the constraints bounded by place and time. The post-pandemic period may usher a new system of schooling delivery to address inequality of access by zip code and income and racial segregation.
Fight systemic racism
The Biden presidential campaign is closely connected to the hopes and strength of the Black community as articulated in the overwhelming Black support that Biden received throughout the presidential race. The Biden presidency is likely to use executive and administrative tools to reverse the erosion of systemic oversight in civil rights and diversity issues. During the Trump years, the Department of Education’s Office for Civil Rights has reduced its reporting requirements and its enforcement activities. It withdrew Obama-era guidelines designed to reduce racial and other discrimination in the implementation of school disciplinary actions. The Trump administration sought to restrict the ability of student borrowers to sue loan-service contractors under state law, and it rescinded Obama-promulgated regulations to penalize for-profit vocational schools that had failed to attain employment targets for their graduates.
The Biden presidency has the opportunity to collaborate with historically Black colleges and universities (HBCUs), Hispanic-serving institutions (HSIs), and tribal colleges to address systemic inequality. In this regard, Trump’s effort was piecemeal. With support from Congress, the Trump administration wrote off loans incurred by several HBCUs to repair damages caused by Hurricane Katrina and made federal STEM funding in HBCUs permanent. The Biden administration is likely to adopt a more comprehensive approach that links K-12 and postsecondary opportunities for the Black community. As a graduate of Howard University, Vice-President-elect Kamala Harris is uniquely positioned to shape federal investment in Black-focused initiatives, including medical education and research, legal training, workforce development, and business and social work.
Human capital investment strategies
Biden’s agenda calls for new strategies in human capital investment. First, the federal government can scale education initiatives that are embraced by a number of states and districts. For example, several governors and mayors implement pre-K programs; strengthen the quality and the range of skills-based programs in community colleges; invest in STEM education; and partner with higher ed institutions to ensure teacher education programs adopt high-quality standards that are meeting the needs of a growingly diverse population.
Second, the federal government can lead and incentivize innovative practices. In this regard, a critical area that matters in the long run is evidence-based research, which has historically received modest federal support. However, well-executed research has contributed to high-impact strategies and practices in teacher quality, student applications for college financial aid, special education, early childhood education, and charter schools, among other areas. Consistent with multilateralism, the Biden team can take a leading role in international benchmarking. The Biden presidency has an opportunity to narrow the research-practice gap by investing in the R&D functions of the Department of Education.
Deliver new legislation in higher education
Trump’s general lack of interest in higher education has further delayed the reauthorization of the Higher Education Act, which has been due since 2014. To be sure, building a legislative coalition is complicated by limited federal authority and strong nonpublic partners in higher education. Reauthorization efforts were stalled even when the Senate HELP Committee’s chair, Lamar Alexander (R-Tenn.), and its ranking member, Patty Murray (D-Wash.), demonstrated bipartisan cooperation. Clearly, presidential leadership is needed. Biden seems ready to apply his legislative skills and coalition-building experience to craft a bipartisan, omnibus bill.
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The Biden administration is likely to propose an omnibus higher education bill that improves access, affordability, inclusion, and accountability. Access and affordability would require an expansion of Pell Grants, which currently are set at $6,345—not nearly enough to cover the average cost for tuition and fees at a public institution. These policy aims will call for federal loan forgiveness based on income eligibility, veterans’ support, teacher education enhancement, and investment in HBCUs, HSIs, and tribal colleges. New guardrails will be needed to ensure student borrowers’ rights—including about 350,000 borrowers with disabilities—civil rights, gender equity, and victims’ rights for those who have endured sexual harassment or assault on school campuses. Potentially new federal funding will focus on diversity and STEM, while FAFSA application and verification will be more customer friendly.
Biden’s proposal on student loan forgiveness is likely to be favorably received by the higher educator sector , as many colleges and universities have already put in place loan-free programs based on income eligibility. The Biden administration is likely to form multilateral partnerships to promote freely accessible two-year colleges, scaling similar programs that are implemented in Rhode Island and several states. Community colleges, as critical pathways toward economic mobility, will receive particular attention given Dr. Jill Biden’s decades of experience in this area.
Return to responsible governance
The Trump presidency had an adversarial and chaotic relationship with the education community. For example, Secretary Betsy DeVos or her Department of Education have been sued in 455 lawsuits—the most ever in the history of the department, according to an analysis by The 74 . This includes eight multistate suits. Most of the complaints focused on student borrowers’ rights, gainful employment, and civil rights. As a comparison, there were 356 cases brought against the Education Department or the secretary of education during Obama’s two terms combined, including zero multistate lawsuits.
Recognizing an urgency to restore responsible governance to address multiple crises, the incoming Biden presidency signals a strong commitment to engage diverse stakeholders and subject-matter experts. Biden’s education agenda will need a broad coalition beyond the Beltway that includes civil rights leaders, governors, mayors, teachers’ unions, state legislative leaders, innovative practitioners, higher education leaders, and civic and business stakeholders. Guided by a clear moral compass to serve all students and their families, president-elect Biden will be able to steer the nation toward educational progress.
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What 2024 Will Bring for K-12 Policy: 5 Issues to Watch
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Educators should expect debates over school choice, teacher pay measures, artificial intelligence, and standardized testing in state legislatures and on Capitol Hill in 2024.
Politicians and lawmakers used 2023 to set the course for 2024, a presidential election year when voters will most likely choose between President Joe Biden and former President Donald Trump. For education policy, that meant more attention to conservative parents’ rights bills that often seek to limit how schools can teach about race, gender identity, and sexuality, and a push for raising teacher pay and improving student mental health.
Those topics will likely be at the forefront of education policy debates in 2024, too, especially in state houses and on local school boards. But education will likely not play a major role in the 2024 election as issues such as the economy, immigration, health care, and wars in the Middle East and Ukraine take precedence with voters.
Even so, 2024 will likely bring legislative changes that will affect schools in significant ways and the year will see some hot topics begin to cool off. Here are five issues educators will need to pay close attention to in the year ahead.
1. Private school choice to dominate legislative agendas again
The past year appeared to be a watershed for the private school choice movement. At least six states passed universal education savings account policies, which use public money to provide parents with a student’s per-pupil funds to pay for education expenses, including private school and homeschool costs.
While ESAs have been around for years, they’ve mostly been limited to students with disabilities or students in low-income families. The onset of universal ESAs opens the program up to all students regardless of their disability status or family income. Advocates say the savings accounts allow more students to have the ultimate personalized education experience, so they can learn in the environment that best works for them.
More states will likely try to pass universal ESAs or other similar policies in 2024, but the success in 2023 doesn’t mean it will be smooth sailing, education policy experts have told Education Week. Voucher programs in several states, including Georgia and Texas, failed to pass in 2023 , and public school advocates in Arkansas and Nebraska are working to collect signatures for referenda that would ask voters to reject newly passed private school choice programs in the 2024 election.
Some state officials, including Arizona Gov. Katie Hobbs, a Democrat, have warned that the cost of ESAs is growing far past initial projections. And critics of ESAs and vouchers argue the programs allow public funds to be spent on unregulated schools and don’t actually lead to improved academic performance.
2. More attention to raising teacher pay
Lawmakers in at least 26 states introduced bills to raise teacher pay in 2023, according to FutureEd , a Georgetown University think tank that tracks education policy.
Eleven of those bills have been signed into law in Arkansas, Florida, Idaho, Maryland, Montana, Oklahoma, Tennessee, Utah, and Washington. The bills often have bipartisan support and signal that teacher pay could continue to be a priority in 2024.
In some states, however, teacher pay laws come with strings attached to other issues. In Arkansas, the state’s LEARNS Act raised the minimum salary for starting teachers from $35,000 to $50,000. The law also established funds for the state’s universal ESA program. At the time of its passing, teachers told Education Week they found it difficult to support a law that expanded private school choice even if it raised their pay.
It’s unlikely that teacher pay will gain any federal momentum in 2024 with a divided U.S. House and Senate. Sen. Bernie Sanders, I-Vt., and Reps. Frederica Wilson, D-Fla., and Jamaal Bowman, D-N.Y., introduced bills at the start of 2023 to incentivize states to raise teacher salaries to a $60,000 minimum . Neither of those bills have made it through the House or Senate, and Rep. Virginia Foxx, R-N.C., chair of the House’s education committee, told Education Week that responding to teacher shortages is the responsibility of state and local governments, not congressional lawmakers.
3. Big questions and policy challenges over AI to continue
The introduction of generative artificial intelligence like ChatGPT was perhaps the most consequential development for schools in 2023. A year later, many educators and lawmakers are still unsure what to do about it.
Earlier this month, lawmakers in the U.S. House introduced the “Artificial Intelligence Literacy Act,” a bipartisan bill that would make it clear schools could use existing federal grants to support AI literacy, or the understanding of the basic principles of AI.
The next year will likely mean the introduction of similar bills as well as efforts to curb AI’s impact on society. The National Assessment Governing Board, which oversees the National Assessment of Educational Progress, or NAEP, has already delayed its upcoming writing exam to give researchers time to understand how AI will impact writing instruction in schools.
4. Less attention on curriculum and policies related to gender identity, sexuality, and race
Debates over curriculum and school policies related to gender identity, sexuality, race, and racism dominated education conversations in 2023, including among the field of Republican candidates for president who faced off in a series of debates .
Many conservative-led states enacted laws, often referred to as a parents’ bill of rights, that limit or prohibit teaching about sexuality and gender identity, require parent permission for student name or pronoun changes, and limit how teachers talk about the history of race and racism. Republicans in the U.S. House also passed a federal parents bill of rights , but it has not made it through the Senate.
Educators in states with the laws have said that their implementation has led to confusion and chaos in schools . In Florida, the education agency went back and forth with the College Board over whether the Advanced Placement Psychology course violated its state law because of mentions of gender identity and sexuality. In Indiana, parents had to seek approval for their students to be called common nicknames, such as Kate or Jim, to abide by a law intended to prevent schools from keeping students’ gender identities a secret by requiring parent approval for name and pronoun changes.
2024 may see less of a focus on the parents’ rights policies, especially as Florida Gov. Ron DeSantis, a Republican who has been the political face of these policies, fails to gain any serious momentum over Trump in the 2024 primary. Parents rights’ candidates also struggled to secure as many wins in 2023 school board elections as they did in 2022 .
5. Rethinking measures of student success
Over the past year, state education leaders have taken steps to redefine what it means to be a successful graduate.
At least 17 states have adopted a portrait, or profile, of a graduate, a guiding document to define what characteristics or competencies make a successful student as they leave high school. In some states, the portraits have led to a more robust restructuring of the public education system.
This year, Wyoming became the final state to adopt a law allowing for competency-based learning , in which student progress is evaluated based on mastery of a subject rather than the amount of time a student spends in class. The state will be starting a pilot project to see if it would be possible to shift its education system to a competency model.
Other states have looked to change standardized testing practices. In August, Montana received a rare federal waiver to pilot a through-year testing model and, in Missouri, the state education department has given waivers to at least 20 districts to pilot through-year testing. State officials hope the testing model, in which students are given standardized exams multiple times throughout the year, will give teachers, school leaders, and policymakers a more accurate sense of students’ skills by not relying on an end-of-year exam that requires students to demonstrate everything they know at one moment in time.
The movement away from traditional seat time and standardized testing measures of performance will likely continue in 2024 as more states look to recover from pandemic-induced learning loss.
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Education Policy Issues in 2020 and Beyond
The impact of education policies reverberate across the entire US educational system, affecting students, teachers and administrators. Everything from funding to curriculum to the required credentials for teachers can be determined by education policies.
An example of US education policy that immediately affected students nationwide is President Harry Truman signing the Richard B. Russell National School Lunch Act in 1946, which funded the National School Lunch Program (NSLP) to provide nutritionally balanced free or reduced-cost lunches to school children daily. That year, 7.1 million children participated in the NSLP. In 2016, that number had grown to 30.4 million students who faced food insecurity at home and otherwise would have been continuing to face that hunger at school. Children who are hungry face an increased risk of physical and mental health conditions. Research also shows that when students have access to healthy lunches, they perform better in school.
Continue reading for an overview of some of the current education policy changes that are being discussed, along with a preview of issues likely to face policy makers in the coming years.
National Issues
Each year, national education policy is under discussion as lawmakers wrestle with how to best serve students.
Every Student Succeeds Act
In 2015, President Obama signed the Every Student Succeeds Act (ESSA), which reauthorized the national education law that was committed to bringing equal educational opportunities to all students. This act was notable and different from the No Child Left Behind Act, which gave the federal government the authority to set national academic standards, because it returned the power back to individual states. ESSA requires “all students in America be taught to high academic standards that will prepare them to succeed in college and careers.” With more autonomy and flexibility to be responsive to local needs and decide their educational plans, states and school districts only work within a framework set by the federal government. Based on statewide academic standards and coursework, all students take annual statewide assessments to measure progress on these standards. Dependent on results and state-set achievement goals, the federal government determines if action is needed for low-performing schools.
School Choice
School choice describes the schooling options that families have for their children beyond traditional public schools. Instead of automatically enrolling their children in the public school assigned to their address, families can choose charter schools, magnet schools, virtual schools, or homeschooling options based on what they feel is the best fit and offers the best opportunity for their children. Education Secretary Betsy DeVos is a known advocate of school choice, to give families more of a say in their children’s education. DeVos has backed various legislative measures to allow states to participate in a program that provides tax credits for contributing to scholarship programs for private school tuition. Critics say this takes away public funds from the public school system and privatizes an essential public institution.
Classroom Size
Classroom sizes in the US have increased so much that some teachers are expected to teach up to 150 children in a single day. According to the National Council of Teachers of English, between 2007 and 2014, public schools lost 250,000 employees while gaining 800,000 students. Students in smaller classes are shown to perform better both in school and on standardized testing. Students in smaller classes have been shown to be as much as two months ahead of their peers in larger classes in content knowledge. As population growth in certain districts isn’t controllable, public schools face daunting challenges to adequately staff their schools in order to keep the number of students in each classroom at an acceptable level.
State Issues
Especially with ESSA in place, states have recently acquired more autonomy in shaping their curriculums and assessment methods. While working within the national policy framework, here are examples of how states are making decisions based on individual circumstances such as budget, population, and student needs.
State Testing
Over the last 10 years, Pennsylvania has paid $425 million for the Keystone test for high school students and the Pennsylvania System of School Assessment exam for elementary school students. Passing Keystone Exams in algebra, biology, and literature was a graduation requirement for all high school students until February 2016, when Governor Tom Wolf signed a bill ending the mandate. The Keystone Exams were previously required by the federal government—as mandated by NCLB—but the ESSA does not require state-specific tests. Politicians in Pennsylvania are pushing for college acceptance percentages, AP testing scores, and SAT or ACT proficiency to be used as a measure for graduation. The future necessity of Keystone Exams is still a topic up for debate.
Early Childhood Education
Many families across the US have no option when it comes to having their children educated before kindergarten. In Michigan, less than 50 percent of children ages three to four attend state-funded preschools. Children with access to pre-K education centers have a much higher chance of succeeding once they enter kindergarten and beyond. So a governor’s commission is proposing to grant all Michigan four-year-olds access to state-funded preschool. The state is also working on providing child care for more low-income families whose children aren’t yet old enough for preschool.
Exploring the Future
More issues will affect education as the nation grows in size and technology continues to advance. As the US fights to maintain its place in the world as a country with a top educational system, policy makers are looking ahead to predict the ways legislation will affect schools in the future.
School Safety
Since 2017, there have been 159 school shootings. Stores are selling bullet-proof backpacks. Schools are scheduling lockdown drills in the first weeks of school. DeVos has said states should decide if school districts can use federal funds to arm teachers, and teachers across 42 states went to firearm courses last summer as part of National Train a Teacher Day, sponsored by the United States Concealed Carry Association. Last May, Governor Ron DeSantis of Florida signed a bill allowing schools to arm classroom teachers. Through the bill, teachers would be required to take a 144-hour training course before being armed. As tensions heighten, states are under pressure to make individual decisions on how to keep students safe, while also making sure families feel comfortable sending their children to school.
Innovations in technology, such as educational software and interactive white boards, have already made their way into classrooms, shifting how many educators teach and how many students learn. With new advancing technologies, more educational tools will become available and will further affect the teaching and learning in future classrooms. For example, new software has resulted in shifts from traditional teaching models. Presenting the same material, at the same pace, to an entire classroom of students might become a thing of the past. Current educational software makes it possible to personalize learning content to the skill levels of individual students. It can also personalize the pacing of delivery. In addition to changes in how students are taught, technology will likely impact what they are taught. Today, it takes little effort to look up facts about a scientific theory or solve a difficult math problem. This easy access to information has pushed many to reconsider what types of knowledge and skills students will need to succeed in their lives. Educators expect that future technological tools will similarly force them to reassess how to best prepare students.
Why American University?
Understanding policy’s impact on education is a major focus in many advanced degrees in education. Graduate students equipped with this knowledge and a comprehensive understanding of how policy affects students, teachers, administrators, and all US citizens are prepared to manage policy issues and spark change. American University’s online Master of Arts in Teaching and online Master of Education in Education Policy and Leadership help students tackle current and future education policy issues through in-depth and leadership-focused coursework.
5 Ways Policy Makers Can Improve the Quality of Education
Closing the Achievement Gap: Resources for School Administrators Looking to Make a Change
What the U.S. Education System Needs to Reduce Inequality
American Psychological Association, “Effects of Poverty, Hunger and Homelessness on Children and Youth”
Brookings Institution, “How the Quality of School Lunch Affects Students’ Academic Performance”
Business Insider, “Here’s How Technology Is Shaping the Future of Education”
Education Commission of the States, 2019 State Education Policy Watch List
MLIVE, “Michigan’s Floundering Education System Has Left Its Children Far Behind”
National Conference of State Legislatures, Federal Issues: Education
NCTE, “Why Class Size Matters Today”
NEA Today, “10 Challenges Facing Public Education Today”
The New York Times, “Betsy DeVos Backs $5 Billion in Tax Credits for School Choice”
NPR, “Florida Approves Bill Allowing Classroom Teachers to Be Armed”
The Philadelphia Inquirer, “Should Pa. Dump Its Keystone Exams for High School Students and Save Millions? One State Official Thinks So.”
USDA, National School Lunch Program (NSLP) Fact Sheet
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Articles on Education policy
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Naomi Barnes , Queensland University of Technology ; Keith Heggart , University of Technology Sydney , and Steven Kolber , Deakin University
More than masks and critical race theory – 3 tasks you should be prepared to do before you run for school board
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Australia’s strategy to revive international education is right to aim for more diversity
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Why student absences aren’t the real problem in America’s ‘attendance crisis’
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Continue reading for an overview of some of the current education policy changes that are being discussed, along with a preview of issues likely to face policy makers in the coming years. National Issues. Each year, national education policy is under discussion as lawmakers wrestle with how to best serve students. Every Student Succeeds Act. In ...
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