The Biden administration has begun publicly pressuring states to reevaluate internal processes that are leading to massive decreases in health care coverage across the country. In April, states started to make determinations about whether beneficiaries enrolled in Medicaid during the pandemic could stay in the program – a process known as Medicaid unwinding. According to the Kaiser Family Foundation, almost 4.3 million people have lost Medicaid coverage since April, and 74% of disenrollments occurred for procedural reasons, like failure to fill out paperwork in a specific timeframe, rather than ineligibility based on income. There are widespread concerns that many beneficiaries abandon attempts to re-enroll due to long wait times at call centers, language barriers, and arduous bureaucratic processes that states force them to go through. Last week the Centers for Medicare and Medicaid Services (CMS) sent letters to states asking them to address procedural challenges that are stopping eligible people from continuing coverage. The letters recommended states make call center enhancements, use non-English language materials, and opt for automatic over manual renewals. CMS also urged states to implement ex parte renewals, which draw data from sources like the Internal Revenue Service, Social Security, and the Supplemental Nutrition Assistance Program, to confirm income eligibility, rather than waiting for paperwork from beneficiaries.

FDA Approves Pill to Treat Postpartum Depression

On August 4, the Food and Drug Administration approved the first pill meant specifically to treat postpartum depression. The pill, Zurzuvae, is taken once daily for 14 days to treat severe depression following pregnancy, a condition that affects about 1 in 7 new mothers. The pill could be commercially available as soon as October and appears to provide more immediate relief than antidepressants. While the cost is not yet known, experts call it a “hopeful step forward” in making treatment more accessible. Currently, the only other FDA-approved treatment on the market is a $34,000 IV treatment.

Treating postpartum depression can prevent child fatalities and advance child safety and development. Social Current’s efforts to improve child welfare, such as the establishment of the Within Our Reach office, reflect the importance of parental mental health treatment in promoting child safety. This includes recommendations for postpartum depression screening to be conducted at pediatric appointments, a practice that could now lead to mothers being diagnosed and offered a more accessible treatment if Zurzuvae proves to be successful.

President Biden Touts Value of CCBHCs

In recent weeks, President Biden has been boosting mental health care. After proposing new rules that would reinforce the Mental Health Parity and Addiction Equity Act and ensure equal access to both mental and medical benefits, the president addressed the role that Certified Community Behavioral Health Clinics (CCBHCs) play in eliminating barriers to mental health care. In remarks from the White House, Biden said, “These clinics provide a range of services, including crisis support available 24 hours a day and seven days a week, and they serve anyone who needs care, regardless of ability to pay.” In the six years since the first CCBHC opened, over 500 others have sprouted up across the country, offering access to mental health care for low-income communities. CCBHCS work in tandem with the new Crisis and Suicide Lifeline, immediately connecting people in crisis to care. In addition to the impact of health and well-being, CCBHCs led to the creation of 11,000 new behavioral health jobs across the country.

DOE Audit Finds Room for Improvement in Charter School Grant Oversight

An audit released on Aug. 3, entitled “The U.S. Department of Education’s Processes for Overseeing Charter Schools Program Grants to Charter Management Organizations for the Replication and Expansion of High-Quality Charter Schools,” aimed to assess whether the U.S. Department of Education supervised grants in such a way as to ensure accurate annual performance reports and program spending in line with grant requirements. The Department and the Charter School Programs (CSP) office had designed processes to ensure accurate grantee reporting and proper fund utilization. Generally, these processes were followed, but there were shortcomings. For example, the CSP office failed at times to comprehensively fill out Academic Performance Review (APR) forms or communicate concerns with grantees, leading to less than reliable data. The CSP office also lacked proper record-keeping, resulting in the inability to locate a significant number of APRs.

The audit recommends that the Assistant Secretary for Elementary and Secondary Education take several actions:

  1. Monitor CSP program officers to ensure accurate completion of APR review templates and effective communication with grantees about issues.
  2. Implement procedures to complete corrective action plans, detailing recommended actions and their implementation by grantees.
  3. Establish a system for retaining records that demonstrate grantee compliance with corrective actions for fund usage issues.

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Social Current’s Strategic Industry Partners offer specialized products or services to benefit our network. We are proud to spotlight our Gold Strategic Industry Partner Your Part-Time Controller. (YPTC).

For over 30 years, YPTC helps to build stronger nonprofits. With over 1,400 nonprofit clients from coast to coast, YPTC assists with their financial management needs—from internal, grant, and board reporting, to forecasting, budgeting, and cash flow management, and from bookkeeping and monthly financial statements to the development of customized dashboards.

How YPTC’s Services Benefit the Social Sector

At YPTC, they help to build stronger nonprofits, one accounting department at a time. They provide the accounting and financial management services that help chief executives and board members in the social services sector determine how effectively and efficiently their organization is accomplishing its mission and provide them with the timely, accurate information needed for decision making.

YPTC Services

  • Accounting and month-end close
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  • Grant proposals and ad hoc reports
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  • Federal awards grant writing and tracking

Why YPTC Partners with Social Current

“YPTC works with many types of social service organizations, whose missions are important to the communities in which we serve, and to our staff who serve them,” said YPTC Manager Sandra Magri. “Social Current works to strengthen the social services sector. YPTC partnering with Social Current makes perfect sense!”

Free Webinar from YPTC: Budget Essentials for Everyone

Ensure your organization is ready for budget season. Invite your program directors and department heads to join YPTC to see the their free webinar Budgeting for Impact: Nonprofit Budget Essentials.

Visit the YPTC website for news, webinars, and resources and to work with them.

Meet YPTC in person at SPARK 2023, Oct. 16-17 in Bethesda, Maryland.

To learn more about partnering with Social Current, please email us.

Last Wednesday, the Senate Committee on Homeland Security and Governmental Affairs marked up the Streamlining Federal Grants Act of 2023, which was introduced by Sens. Gary Peters (D-Mich.), James Lankford (R-Okla.), and John Cornyn (R-Texas) on July 17. In his introductory remarks, Sen. Peters thanked Sens. Lankford and Cornyn for their hard work on the bipartisan bill. He lauded the bill’s potential to help nonprofits apply for and manage grants, reduce government waste, and promote language access. After a series of amendments were introduced and voted down, the bill passed out of committee, clearing the way for a vote before the entire Senate in the months to come.

Social Current has been a strong and outspoken champion of the bill, which would simplify the grant application process for the social sector, particularly nonprofits, which face the most challenges in applying for grants. After the bill’s introduction, Social Current President and CEO Jody Levison-Johnson said:

“I am thrilled to see the introduction of the Streamlining Federal Grants Act of 2023 in the Senate, which reflects in part the Relief4Charities policy asks to strengthen and support the nonprofit sector. This legislation will greatly improve access to federal grants for underserved communities and streamline the application process.”

The bill would create a Grants Council with representatives from all federal grantmaking agencies, which would guide reforming complex and outdated procedures. Proposed reforms include everything from streamlining the application, administrative, and reporting processes to enhancing user experiences and soliciting grantee feedback. The legislation also requires federal agencies to seek input from non-federal agencies, including nonprofits, in the development and implementation of their agency plans. Finally, funding opportunities will be required to provide short, clear, and accessible summaries, so that potential applicants can readily understand them.

Social Current will continue to advocate for the passage of the Streamlining Federal Grants Act of 2023 and to keep the network updated on its progress through congressional negotiations.

Learn more about the legislation’s provisions that benefit charitable nonprofits in this one-pager from Social Current and the National Council of Nonprofits.

Institutions for Mental Disease (IMD) Compromise Passes the Energy and Commerce Committee

On July 19, the House Energy and Commerce Committee voted unanimously to pass H.R. 4531, the Support for Patients and Communities Reauthorization Act. The bill included a compromised version of H.R. 4056, the Ensuring Medicaid Continuity for Children in Foster Care Act, which would grant federal Medicaid coverage to children in foster care receiving treatment from Qualified Residential Treatment Programs (QRTPs) classified as Institutions for Mental Disease (IMDs).

A QRTP is typically classified as an IMD if it has over 16 beds. Currently, states cannot receive federal Medicaid payments for services provided to individuals in an IMD setting. This means that while a Medicaid-eligible child in an IMD does not lose their Medicaid benefits, states must bear the total cost. The classification of large QRTPs as IMDs aims to discourage congregate care for foster children and encourage states to increase the use of family and foster family care, which has been shown to have significantly better outcomes for children.

H.R. 4056 aimed to remove this IMD exclusion for children in foster care and allow states to draw from federal Medicaid funds to pay for their treatment while in a QRTP, regardless of whether it is classified as an IMD. The compromise, Sec. 304, would permanently lift the IMD exclusion for substance use disorder and permit QRTPs to bill Medicaid for health care services outside these facilities’ walls. Essentially, the compromise allows QRTPs to bill Medicaid for the treatment a child receives elsewhere, such as doctor appointments, but still does not allow a QRTP to use federal Medicaid funds to pay for in-house treatment provided by the QRTP. While Reps. Gus Bilirakis (R-Fla.) and Kathy Castor (D-Fla.), sponsors of H.R. 4056, both made it clear that they do not believe this compromise goes far enough to support QRTPs, they described the move as a step forward.

HHS Proposes New Rules to Achieve Parity for Mental Health Care

On July 25, the U.S. Department of Health and Human Services proposed new rules to ensure people seeking coverage for mental health care and substance abuse disorder can access these services as quickly and affordably as people can access coverage for medical treatments. The Mental Health Parity and Addiction Equity Act was enacted in 2008 and built on the Mental Health Parity Act of 1996 to lessen the barriers faced by those seeking mental health care. However, these barriers still exist 15 years later. To combat illegal restrictions on mental health and substance abuse treatment benefits, the U.S. Department of Health and Human proposes that plans and issuers make NQTL (Non-Quantitative Treatment Limitations) comparative analyses available to the Department of Treasury, the Department of Labor, the Department of Human Services, and eventually to Congress. If enacted, these new rules would be added to the Mental Health Parity and Addiction Equity Act and ensure plans and issuers are not putting unnecessary barriers in the way of receiving coverage for mental health care.

Family First Prevention Services Clearinghouse Posts New Ratings

The Family First Prevention Clearinghouse has posted new ratings for nine prevention services. Seven were found to be “promising,” and two were rated as “does not currently meet criteria.” The programs included mental health and in-home parent skill-based services. So far, 148 programs and services have been reviewed, and 76 have been rated as promising, supported, or well-supported. The new ratings are:

Proclamation Will Establish Monuments to Emmett Till and Mamie Till-Mobley

Last week, on what would have been Emmett Till’s 82nd birthday, President Joe Biden signed a proclamation to establish a monument honoring Till and his mother Mamie Till-Mobley. The racially motivated murder of 14-year-old Till and the subsequent activism of his mother played key roles in the civil rights movement.

The monument, the fourth national monument designated by the Biden administration, will span three sites in Illinois and Mississippi that hold historical importance. The first site will be in Graball Landing, Mississippi, where Till’s body was discovered in the Tallahatchie River. The second site will be Roberts Temple Church of God in Christ in Chicago’s Bronzeville neighborhood, where Till-Mobley held her son’s open-casket funeral. The monument’s third site will be the Tallahatchie County Second District Courthouse in Sumner, Mississippi, where an all-white jury acquitted Till’s killers.

In his remarks at the proclamation signing ceremony, Biden raised the importance of understanding our country’s history of racism as a means for moving toward social justice and rejected moves, such as those in Florida, to erase and twist it.

Biden noted, “At a time when there are those who seek to ban books, bury history, we’re making it clear — crystal, crystal clear — while darkness and denialism can hide much, they erase nothing. They can hide, but they erase nothing.”

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By: Dr. Daniel P. Hall Riggins and Verleaner Lane

According to the Center for Disease Control and Prevention, each year, there are nearly 3,500 sudden unexpected infant deaths (SUID) in the United States. In 2020, 27% of those deaths occurred in infants under the age of one due to an unsafe sleep environment.

The American Academy of Pediatrics understood the dangers of unsafe sleep nearly three decades ago, resulting in the launch of their Safe to Sleep, (formerly Back to Sleep) campaign in partnership with the National Institute of Child Health and Human Development. The campaign advocated for parents to place children on their backs to sleep and to remove loose bedding. As a result, child death rates from SUIDs dropped precipitously, but in the early 2000s those advances stalled, with infant mortality rates remaining stagnant at around 85-100 deaths per 100,000 births each year.

Since then, researchers have recognized that rates of infant death remain high in American Indian/Alaska Native and Black communities, leading child health experts to examine the role that race may play in these health disparities.

AAP updated its safe sleep guidance last year, with a focus on addressing disparities by contextualizing safe sleep behavior within broader societal and cultural factors, including the impact of poverty, lack of access to prenatal and well-childcare, and lack of culturally appropriate messaging around safe sleep. As a result, communities nationwide are taking a fresh look at sleep-related infant deaths through the lens of a population health approach.

That was one of the goals of Cook County Health Project CHILD’s participation in the Child Safety Forward initiative — one of five sites that was selected for a Department of Justice-funded grant to reduce child abuse and neglect fatalities and injuries through a collaborative, community-based approach.

An initial data review showed that Cook County’s SUID rate is twice the national rate and the Cook County incidence of SUID in Black infants was over 10 times higher compared to Non-Hispanic White infants, based on data from 2019.

Project CHILD began its efforts by using geospatial risk analysis mapping to demonstrate neighborhood “hot spots” of SUIDs. We discovered noted clusters of deaths on the Westside of Chicago in neighborhoods like Garfield Park, Humboldt Park, and North Lawndale; on the Southside in neighborhoods like Englewood, Pullman, and Woodlawn; and in Southern suburbs like Chicago Heights, Harvey, Hazel Crest, Olympia Fields, and Park Forest.

Project CHILD also approached the issue with an understanding that child welfare cannot do this work alone. In fact, data indicates that 50 percent of infants and children who die from fatal injuries caused by maltreatment, including unsafe sleep practices, are unknown to the child welfare system. This led to Project CHILD convening a multi-disciplinary group of stakeholders comprised of healthcare providers, community health workers, maternal infant health providers, educators, social service providers, and law enforcement – all those who come into contact with children and families.

We then partnered with the Child Protection Training Academy, (CPTA) located on the University of Illinois campus, which had created a simulation training model for DCFS Child Protection Investigators. The simulation was structured around training to recognize elements of unsafe sleep practices based on a fictional family with numerous underlying conditions including domestic violence, mental health concerns, substance use disorder and suspicions of sexual & physical abuse.

The simulation developed a home that was designed to draw attention to unsafe sleep practices, with the environment staged with a pack and play that was cluttered with clothing, bedding, and other objects. The simulation’s life-like doll was placed on a soft couch, to draw attention to other risk factors for unsafe sleep. Though the training was conducted on Zoom the teams were able to “investigate” the environment through the use of the “proxy” who walked through the home with a camera enabling the participants to see the home and its contents. Team members could ask for close up examination of particular items in order to determine what questions they might need to ask to gather additional evidence. Additional risk factors were added within the house, such as a premature infant and evidence of smoking.

What the simulation training revealed was that safe sleep issues were often not the primary concerns of members of the MDT as they observed the family’s home. Law enforcement, for example, is often called to homes for other reasons but are rarely trained to look for unsafe sleep practices.

It’s also important for members of the MDT to hear from families and parents with lived experience about the other factors that can influence sleep practices. Project CHILD met with families and heard from them about conflicting messaging coming from older generations who are respected for their wisdom, beliefs about the importance of skin-to-skin bonding, and, in communities where violence is prevalent, thoughts on family beds as perhaps one of the safer places for infants. We also heard loud and clear that families often do not trust public agencies and that the child safety messaging they do receive appears punitive and reactive.

Based on the insights from our geospatial mapping, simulation training and parent insights, we hope to create more advanced safe sleep trainings and guides for all stakeholders, not just those across the child welfare system. This information can also be used to assist in planning targeted messaging to hot spot communities, and the implementation of services and greater awareness, education and outreach to those communities.

Ultimately, we hope that, through the collaboration with key partners, such as Be Strong Families, EverThrive Illinois and the MDT teams, we can apply these learnings in new ways to enhance community understanding and action around safe sleep practices to reduce child fatalities.

Daniel P. Riggins, MD is a pediatrician with Cook County Health. Verleaner Lane is the project director for Project CHILD of Cook County Health, one of five Child Safety Forward sites.

Disclaimer: This product was supported by cooperative agreement number 2019-V3-GX-K005 Reducing Child Fatalities and Recurring Injuries Caused by Crime Victimization, awarded by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. The opinions, findings, and conclusions or recommendations expressed in this product are those of the contributors and do not necessarily represent the official position or policies of the U.S. Department of Justice.

On July 17, the Streamlining Federal Grants Act of 2023 was introduced by Sens. Gary Peters (D-Mich.), James Lankford (R-Okla.), and John Cornyn (R-Texas). This bill would help enhance the efficiency and performance of federal grants and cooperative agreements. It proposes the establishment of a Grants Council composed of grantmaking federal agencies, which would guide reforming complex and outdated procedures.

Leaders from across the social sector shared statements of support for the bill in a press release from the U.S. Senate Committee on Homeland Security & Governmental Affairs. Among the quotes endorsing the bill was this one from Social Current President and CEO Jody Levison-Johnson:

“I am thrilled to see the introduction of the Streamlining Federal Grants Act of 2023 in the Senate, which reflects in part the Relief4Charities policy asks to strengthen and support the nonprofit sector. This legislation will greatly improve access to federal grants for underserved communities and streamline the application process.”

Social Current and the National Council of Nonprofits highlight the legislation’s provisions that benefit charitable nonprofits in this one-pager. Those provisions include:

VIEW ONE-PAGER

Social Current is monitoring the progress of the Streamlining Federal Grant Act of 2023 and will share updates in our Policy and Advocacy Radar newsletter. Subscribe online.

Social Current Leadership on Grant Reform

Social Current has been active in advocating for federal grant reform and educating our network about the issue. Earlier this summer, we hosted a policy briefing about the issue, which can be viewed on demand.

Blair Abelle-Kiser, senior director of government affairs at Social Current, discussed how we can set the nonprofit sector up for financial success through government contracting and grant reform. The conversation was inspired by the op-ed, “Government contract reform is a must for social sector nonprofits,” authored by Social Current President and CEO Jody Levison-Johnson in New York Nonprofit Media in February 2023. While there is still advocacy work to be done, this bipartisan bill is a significant step forward.

Upcoming Opportunity: Igniting Advocacy Training and Hill Day

SPARK 2023 will feature the Igniting Advocacy Training and Hill Day. Build foundational skills and learn about advanced advocacy strategies during the two-day training. Then, put what you’ve learned into action when meeting with members of Congress in Washington, D.C. We will take care of the logistics so you can focus on having meaningful interactions with key decision makers. Learn more about SPARK 2023, Oct. 16-17 in Bethesda, Maryland, and Hill Day, Oct. 18. Register by Sept. 18 to save with the early bird rate.

In response to the Supreme Court’s decision to scrap affirmative action in college admissions, President Joe Biden delivered searing criticism against the ruling and the court, even saying, “This is not a normal court.” He cited instances where the court has undermined or ignored precedents that have stood for decades, including last year’s ruling that overturned Roe v. Wade. Rebuking the court’s ruling, Biden said, “Discrimination still exists in America. Today’s decision does not change that. It’s a simple fact.”

In remarks that his team had prepared in anticipation of the outcome of the affirmative action case, Biden described the outline of a plan to ensure diversity and opportunity within higher education. He called on the Department of Education to explore ways to bolster diversity on college campuses by accounting for hardships that applicants had overcome in their lives. This would include prioritizing applicants from less advantaged ZIP codes, with lower financial means, and who have experienced unique personal challenges. A similar admissions model, based on a “socioeconomic diversity index,” is utilized at the School of Medicine at the University of California, Davis, which is one of the most diverse medical schools in the country. Next month, the DOE will host a national summit on diversity in college admissions.

Bidenomics: The President’s Economic Vision for America

On Wednesday, June 28, President Biden gave a speech in Chicago touting his economic accomplishments and presenting his plan for the future. He defined his administration’s key slogan for his 2024 campaign: “Bidenomics,” a term coined by the Wall Street Journal and Financial Times and embraced by the administration. Bidenomics, as defined by the White House, has three pillars:

Biden criticized trickle-down economics, claiming that the philosophy failed the American middle class and contending that his plan will grow the economy from the “middle out and bottom-up.” In his speech, the president repeatedly emphasized his work with unions, calling himself “the most pro-union president in American history.” He detailed several successes of the economy under his administration, including low unemployment, high job satisfaction, declining inflation, and growing wages. He also mentioned some of his administration’s work, such as eliminating junk fees, reducing the cost of insulin, investing in education, limiting non-compete clauses, and supporting small businesses. He credited the American Rescue Plan Act and Bipartisan Infrastructure Law with much of the success of the American economy and praised his administration for reducing the federal deficit by $1.7 trillion.

For much of the speech, Biden looked toward the future, discussing goals to make the federal tax system fairer by placing a higher tax on billionaires while keeping his promise not to raise taxes for the middle class and continuing to invest in infrastructure and American jobs. In his conclusion, he summarized his plan, “It’s rooted in what’s always worked best in this country: investing in America, investing in Americans. Because when we invest in our people, we strengthen the middle class, we see the economy grow. That benefits all Americans. That’s the American Dream.” While “Bidenomics” is a relatively new term in the media, it is clear it will be a centerpiece in his 2024 reelection campaign and will be a key priority of the administration going forward.

New HHS Rule Would Lower Child Care Costs

The Department of Health and Human Services proposed a new rule to lower child care costs and financially support child care providers. The rule covers the Child Care and Development Fund, which subsidizes care for 1.5 million children and impacts 230,000 providers. Specifically, the rule would cap co-payments by families at 7% of income and allow states to eliminate co-payments for families at or below 150% of the federal poverty level. The rule would also cut down on bureaucracy and streamline eligibility criteria and the enrollment process for families. Finally, the rule would bring more providers into the program by offering higher payment rates and guaranteeing timely payments. In announcing the proposed rule, HHS Secretary Xavier Becerra said, “Our country cannot function without a strong child care system. … Child care is vital to the health and well-being of our nation’s families, businesses, and economy.” HHS encourages the public to submit comments on the proposed rule by Aug. 28.

Biden’s New Student Debt Relief Plan

On June 30, President Biden announced a new plan to provide student debt relief following the Supreme Court’s rejection of Biden’s original proposal to cancel up to $20,000 worth of federal student loans per person. Biden called upon the secretary of the Department of Education to open an alternative path for debt relief that could impact unprecedented borrowers. Moreover, the DOE finalized a new affordable payment plan to waive monthly payments for some borrowers and reduce yearly payments by at least $1,000 for others. There will also be a 12-month “on-ramp” to repayment from Oct. 1, 2023 to Sept. 30, 2024. Those who miss payments during this time will not be “considered delinquent, reported to credit bureaus, placed in default, or referred to debt collection agencies.”

LGBTQ+ Youth Suffer High Rates of Depression, Especially Youth of Color

A new study from Yale University provides scientific evidence that LGBTQ+ youth have higher rates of depression compared to their heterosexual counterparts. Those from Black and Hispanic households were 32% more likely to have symptoms of depression in states without anti-bullying legislation and conversion therapy bans. LGBTQ+ youth of color consistently experience higher rates of mental health challenges than their white peers. For example, while 12% of white youth had suicide attempts; more than 15% of Indigenous, Middle Eastern, Black, Multiracial, and Latinx youth had attempted suicide, with Middle Eastern and Indigenous ranking at 20% and 21%, respectively. Nearly 1 in 5 transgender and nonbinary youth attempted suicide, and LGBTQ youth of color reported higher rates than their white peers.

Youth of color deal with multiple sources of oppression, which leads to increased rates of depression. When LGBTQ+ youth of color are exposed to support, specifically in a school environment, there is measurable improvement socially, academically, and emotionally. There are ways to alleviate these youths’ struggles, such as establishing gay-straight alliances in schools, having staff trained in inclusivity, setting aside safe spaces, and implementing anti-harassment policies.

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In the case of Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, the Supreme Court ruled against affirmative action in college admissions. The historic 6-3 decision last Thursday overturned decades of precedence. The majority ruled that “Affirmative Action,” the practice of considering the race of prospective students when determining admission, violates the Equal Protection Clause of the 14th Amendment. Chief Justice Roberts wrote, “The Harvard and UNC admissions programs cannot be reconciled with the guarantees of the Equal Protection Clause. Both programs lack sufficiently focused and measurable objectives warranting the use of race, unavoidably negatively employ race, involve racial stereotyping, and lack meaningful endpoints. We have never permitted admissions programs to work that way, and we will not do so today.”  

In her dissent, Justice Sonia Sotomayor, joined by Justices Elena Kagan and Kentanji Brown Jackson, wrote, “The result of today’s decision is that a person’s skin color may play a role in assessing individualized suspicion, but it cannot play a role in assessing that person’s individualized contributions to a diverse learning environment. That indefensible reading of the Constitution is not grounded in law and subverts the Fourteenth Amendment’s guarantee of equal protection.”  

President Joe Biden condemned the decision, along with many public figures, including Barack and Michelle Obama, saying that he “strongly, strongly” disagrees with the ruling and urging that the “decision must not be the final word” on the matter. Former President Trump applauded the ruling, calling it “a great day for America.” Former Vice President Mike Pence, Florida Gov. Ron Desantis, and other conservative politicians expressed similar sentiments.   

Some states have already banned race-based affirmative action, resulting in declining enrollment of students from underrepresented communities. Public opinion polls have shown mixed approval for the practice, with many voters conflicted. Knowing that the ruling would likely not rule in their favor, elite colleges and universities have been preparing for a change in their admission processes, with one dean stating, “We don’t want tools taken away from us or our hands tied behind our back. … I’m extremely worried.”

Supreme Court Releases Batch of New Decisions

The Supreme Court released a batch of new opinions last week in the final days of its term. On Wednesday, it released opinions ruling against the Independent State Legislature theory, clarifying when online harassment can be prosecuted, and upholding a Pennsylvania law allowing any company doing business in the state to be sued there. Later in the week, the court also ruled on cases dealing with trademark infringement, religious liberty, affirmative action, and President Biden’s student loan forgiveness program.

In the two cases involving the law and religion, the Supreme Court ruled in favor of religious liberty and freedom of expression in certain contexts. In Groff v. DeJoy, the court sided with Gerald Groff, an evangelical Christian suing the U.S. Postal Service for religious discrimination. Groff, who observes the Sabbath, faced punishment for refusing to work on Sundays. Lower courts ruled in favor of the Postal Service, agreeing that accommodating Groff’s beliefs would cause an “undue hardship” for the employer. However, in a unanimous decision, the Supreme Court ruled that under Title VII of the Civil Rights Act, “it would not be enough for an employer to conclude that forcing other employees to work overtime would constitute an undue hardship. Consideration of other options, such as voluntary shift swapping, would also be necessary.” The lower courts will now decide Groff’s case under the new clarified standard.

In 303 Creative LLC v. Elenis, the Court ruled 6-3 that an evangelical Christian website designer had the right to refuse service to LGBT customers under the first amendment. The Court ruled that a Colorado anti-discrimination law requiring the wedding website designer to create wedding websites for same sex couples was a violation of the designer’s right to freedom of speech. In the majority opinion, Justice Neil Gorsuch wrote “The First Amendment’s protections belong to all, not just to speakers whose motives the government finds worthy”, continuing “In this case, Colorado seeks to force an individual to speak in ways that align with its views but defy her conscience about a matter of major significance”. In her dissent, Justice Sonia Sotomayor wrote “Today, the Court, for the first time in its history, grants a business open to the public a constitutional right to refuse to serve members of a protected class”.

Two other cases, Department of Education v. Brown and Biden v. Nebraska, overturned President Biden’s student loan forgiveness plan. While the decision on the first case concluded that the respondents lacked standing to bring a procedural claim against the program, Biden v. Nebraska ruled that the program was unconstitutional.

Once again in a 6-3 vote, the Court ruled that Biden’s plan to forgive up to $20,000 in student loan debt relief to borrowers under the HEROES Act, which gives the executive branch the ability to waive or modify student loan debt terms during a national emergency, exceeded his authority. The majority opinion, written by Justice Roberts, stated that the plan was in violation of the highly subjective “major questions doctrine”, that states that any executive action not approved by Congress which the Court declares to be too “major” of a policy is unconstitutional. In her dissent, Justice Elena Kagan accused the court of “once again ‘substituting’ itself for Congress and the Executive Branch – and the hundreds of millions of people they represent – in making this Nation’s most important, as well as most contested, policy decisions.”

New Bill Introduced to Ensure Continuity of Exemptions to SNAP Work Requirements

On June 13, Ranking Member on the House Agriculture Subcommittee on Nutrition Jahana Hayes (D-Conn.) and Representatives Yadira Caraveo (D-Colo.) and Emilia Sykes (D-Ohio) introduced the Food Access and Stability Act. The proposed legislation would make permanent specific changes to the Supplemental Nutrition Assistance Program (SNAP) implemented in the recent bipartisan budget deal. Though the agreement required more adults without children to work to receive SNAP benefits, it exempted veterans, unhoused people, and former foster youth from work requirements until 2030. The Food Access and Stability Act would ensure that these exemptions become permanent. In introducing the legislation, the representatives reminded the public that over 41 million people, or 1 in 8, relied on SNAP benefits last year to avoid hunger.

Appropriations Process Already Hitting Hurdles

Just a month after reaching a bipartisan deal on the outlines of next year’s federal budget, members of Congress are already nervous about the prospects of passing a full budget by the end of the year. According to the debt limit deal, Congress must pass the 12 bills that are part of the federal budget by New Year’s Eve or else trigger an automatic 1% reduction across all areas of the federal government, also called sequestration. There is even disagreement over the deadline, with some lawmakers arguing that the bills can be passed as late as April of next year. Another issue is the spending caps included in last month’s debt deal. Republican House members are marking up bills that spend $119 billion less than the targets—a symbolic protest against the debt deal, which didn’t cut spending enough in their view. The Senate, on the other hand, is preparing bills that go above the agreed-upon spending targets. How these approaches will be reconciled into a final budget package is unclear. Rumors are already swirling that each chamber will spend the summer marking up its bills, and then a handpicked team of negotiators will come together in the fall to hammer out the final deal.

Federal Judge Shoots Down Arkansas Gender-Affirming Care Ban

On June 20, a federal district court judge struck down an Arkansas gender-affirming care ban after finding the law violates the constitutional rights of transgender youth, their parents, and health care providers. A coalition made up of parents of transgender youth, as well as doctors and major medical organizations, opposed Arkansas House Bill 1570 (also known as Act 626) and sued the state (Brandt et al. v. Rutledge et al.). Act 626 was enacted by the Arkansas state legislature, overriding the previous veto by the Gov. Asa Hutchinson in 2021. The bill barred state funds and insurance coverage for gender-affirming care and allowed private insurance to refuse coverage. Act 626 also prohibited health care professionals from providing “gender transition procedures” to individuals under 18. The federal district court judge found Act 626 to be unconstitutional.

Administration Rolls Out New Broadband Funding

Last week, the Biden administration announced the launch of Broadband Equity Access and Deployment (BEAD), a $42.45 billion grant program to fund high-speed internet infrastructure for each state, territory, and the District of Columbia. Each state will receive a minimum of $107 million. The funding for the program was authorized under the $1 trillion infrastructure law that President Biden passed through Congress in 2021. To receive the first 20% of the funding, states have until the end of the year to submit proposals to the National Telecommunications and Information Administration (NTIA) on how the money will be allotted. By the end of 2025, all the funds will be dispersed. The Biden administration argues that the internet is as vital of a utility as water and gas, and all families should have access to reliable and affordable internet.

Broadband companies have hesitated to provide internet access for rural areas, as it is not a lucrative venture, even though over 8 million homes need access. During the COVID-19 shutdown, the lack of stable internet access in rural areas emphasized the crucial need for these areas of the country to have broadband access. Earlier this month, NTIA announced $930 million for 35 “middle-mile” broadband construction projects connecting large fiber and local networks. NTIA administration Alan Davidson said earlier this month, “Middle Mile infrastructure brings the capacity to our local networks and lowers the cost for deploying future local networks.”

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Cover image of the mental health supplement.

Social Current is proud to be part of Mediaplanet’s Mental Health campaign, which launched today. This supplement to USA Today includes the article, “There Is No Time to Waste: Addressing America’s Youth Mental Health Crisis” by Social Current President and CEO Jody Levison-Johnson. In the article, she outlines the complex challenge of youth mental health, emphasizes the importance of cross-system collaboration and early interventions that are tailored to each child and family’s needs and culture, and asserts confidence that we can build on momentum seen through federal investments in mental health and decreased stigma.

“The message is clear — we must prioritize access to a comprehensive, coordinated, upstream network of mental health services and supports, and this must be done in collaboration across all systems that interact with youth, including child welfare, education, juvenile justice, mental health, and primary care,” says Levison-Johnson.

Social Current supports youth and family mental health by strengthening the social sector through consulting on equity, diversity, and inclusion and workforce resilience; engagement packages, now Impact Partnerships; learning solutions; and COA Accreditation. Our COA Accreditation standards help ensure quality mental health services are available through community-based organizations.

The publication also includes articles from:

Mental health has been in the spotlight over the past few years, and this campaign aims to keep important conversations about the topic going long into the future. This campaign shares resources for those in crisis, tips for talking to a loved one dealing with mental health issues, strategies for combatting compassion fatigue, and so much more.

Pick up a copy in today’s USA Today or flip through the pages online.

Last week, the Indian Child Welfare Act, a guiding light of child welfare policy for over 40 years, survived a legal challenge that was brought before the Supreme Court, earning the applause of Native American tribes and child well-being advocates across the country. The Supreme Court voted 7-2 to uphold the law, which was passed in 1978 in response to investigations that found over one-third of Native children had been taken from their homes and placed with non-Native families. The law required officials to strive to place Native children with extended family, other members of the tribe, or another tribe, before considering placement in non-Native homes or institutions. The law defends long-held convictions backed up by mountains of empirical evidence that family preservation, community connection, and cultural affinity are cornerstones of child well-being.

Social Current President and CEO Jody Levison-Johnson released the following statement on the Supreme Court’s Decision:

“The Indian Child Welfare Act is consistent with best practice and child welfare’s shift towards strengthening families and promoting family preservation,” said Social Current President & CEO Jody Levison-Johnson. “By prioritizing the placement of children within their families, communities or tribal nations, we also prioritize stability and the opportunity to maintain continuity in schools, healthcare, and community participation. Today’s Supreme Court decision affirms this and ensures that we carry forward the practices and policies that we know create better outcomes for children.”

New Opioid Settlement Toolkit for Community-Based Organizations

Social Current is pleased to announce the release of the updated Opioid Settlement Toolkit for Community-Based Organizations. This toolkit offers strategy, resources, and advice to effectively advocate for over $50 billion in funds that have become available through settlements with opioid pharmaceutical companies, manufacturers, and retailers. States are currently deciding how these dollars are spent, so it is critical community-based organizations understand how the process works and use their expertise to influence policy makers.

Hearing on Anti-Poverty Tax Provisions

Last Wednesday, the Senate Committee on Finance held a hearing called “Anti-Poverty and Family Support Provisions in the Tax Code.” In his opening remarks, Chairman Ron Wyden (D-Ore.) called for the restoration of the one-year Child Tax Credit (CTC) expansion from the 2021 American Rescue Plan, which increased the credit and made it fully refundable, allowing the lowest income Americans to receive the full amount. A study by Columbia University claims that the CTC expansion lifted 3.7 million children out of poverty. In his opening remarks, Ranking Member Crapo (R-Idaho) argued against the CTC because it also benefited parents who did not work, undermining the lessons of welfare reform in the 1990s, which encouraged work, self-sufficiency, and workforce training.

The first witness, Amy Matsui of the National Women’s Law Center, spoke to the positive impact of refundable tax credits on low-income households. She said during the pandemic the enhanced Child Tax Credit, the Earned Income Tax Credit and the Child and Dependent Care Tax Credit together lifted 9.7 million people out of poverty, including 2.9 million women and 4.9 million children. Matsui was followed by Melissa Lester, a mother of two from Ohio, who told her story of struggling to pay for ever-increasing expenses, including child care, which costs more than her mortgage. She testified the $300 per month, per child from the enhanced Child Tax Credit gave her more breathing room and urged the committee to pass such family-friendly policies.

Another witness, Grant Collins of Fedcap, Inc., a nonprofit organization that helps individuals attain economic well-being, discussed the Earned Income Tax Credit saying it provides various positives for the children of beneficiaries, including improved birth outcomes, higher likelihood of college enrollment, and increased food security. The final witness, Bruce Meyer of the Harris School of Public Policy at the University of Chicago, urged against restoring the enhanced Child Tax Credit from the American Rescue Plan, because it did not tie benefits to work.

Freedom Caucus Cedes Blockade

The House floor is once again functioning, following negotiations between Speaker of the House Kevin McCarthy (R-Calif.) and the conservative Freedom Caucus.

Last week, a small group of Republicans joined Democrats in voting to prevent debate on a set of bills relating to gas stove regulation. Despite the issue’s popularity among Republicans, members of the Freedom Caucus “blindsided” Speaker McCarthy and paralyzed the House floor, preventing other popular party bills from passing as well. It appears that this rebellion was done in protest against the recent debt ceiling deal negotiated by President Biden and Speaker McCarthy, which some members feel violated the private deal made in January ensuring McCarthy’s election as speaker and did not go far enough to cut spending. Others say that the rebellion is not related to the January deals, and instead is a protest against threats made by House leadership to ensure that the debt ceiling bill would pass. On Monday afternoon, an agreement was reached and the blockade was ended after days of negotiations, with conservatives agreeing to help advance bills limiting gas stove and pistol brace regulations, two priorities of the Republican party.

However, the nearly week-long obstruction has made clear the power the Freedom Caucus holds in the House, which Republicans hold by a narrow majority. This power seems to be growing, as two new members were added to the Freedom Caucus just last week. While the standoff is over for now, the group made no promises for the future. In fact, Rep. Matt Gaetz (R-Fl.) seemed to state the group is willing to block House bills again, saying “perhaps we’ll be back here next week.”

Hearing on Postsecondary Innovation

On Wednesday, June 14, the House Subcommittee on Higher Education and Workforce Development held a hearing entitled “Postsecondary Innovation: Preparing Today’s Students for Tomorrow’s Opportunities.” Witnesses presented innovations in the higher education field that could advance equity, accessibility, and quality in postsecondary education, although some warned that funding innovative strategies without guardrails could lead to resources being wasted on low-quality programs.

Key Hearing Takeaways

Subcommittee Chairman Burgess Owens (R-Utah) opened the hearing by highlighting the importance of America’s colleges and universities and addressing the poor graduation rates these schools currently face. Owens contends one of the reasons higher education is “unaffordable, inflexible, and outdated” is the Higher Education Act (HEA), which provides a legislative framework for higher education and has not been fully updated since 2008. He argues the HEA needs to be revisited to reflect the modern university experience, in which over 30 percent of students are non-traditional. Owens references innovations such as competency-based education, three-year degree programs, and online education, which can advance education but are constrained by the HEA.

Ranking Member Frederica Wilson emphasized the importance of equality, and the opportunities higher education provides in her opening statement. Wilson argues although higher education can be the key to the American dream and lead to significantly higher income, students and families are being forced to shoulder more of the costs, a problem that particularly burdens black college students. In emphasizing the importance of affordable college and wraparound student services, she praises some innovations in higher education while warning against sacrificing equal access and opportunity.

The first witness, Dr. Tim Renick, executive director for Georgia State’s National Institute for Student Success (NISS), discussed the success of Georgia State, particularly in implementing technology to provide personalized attention to students. As one of the largest Minority Serving Institutions in the country, Georgia State has used predictive analytics and AI to monitor students for risk factors and proactively provide support to those at risk of dropping out, leading to a massive increase in graduation rates, especially for minority students. Renick explained how this technology, along with working with community colleges, has helped Georgia State rank among top institutions for social mobility, and how NISS has helped other organizations to do the same.

Keith Shoates, chief operating officer for the Student Freedom Initiative (SFI), after giving a shout-out to company donors, explained the pillars of SFI: alternatives to Parent PLUS loans, internships and certifications, comprehensive supports, and Minority Serving Institution (MSI) capacity building. Shoates states the overarching purpose of SFI is to attract private sector resources and create partnerships to alleviate the wealth gap in America through education. SFI is partnered with 56 institutions across 20 states with plans to expand. As an alternative to Parent PLUS loans, SFI provides Juniors and Seniors in STEM majors at participating organizations flexible loans with low interest rates, assists with obtaining certifications and paid internships, provides microgrants to students facing unexpected circumstances, and provides support for participating MSIs. Shoates contended that SFI’s model should be considered as an “effective, scalable, long-term solution to addressing the wealth gap through the lens of education.”

Lanae Erickson, senior vice president for social policy, education and politics at Third Way, a national policy think tank, explained the importance of improving the quality of education, not just access. After praising the increased access of higher education and the financial benefits it provides, Erickson pointed out the low graduation rates and lack of success some graduates face. She warned against innovative or experimental programs not backed by evidence, including expanding Pell Grants to short-term programs and funding online education. While these programs can be beneficial, Erickson recommends guardrails and transparency requirements that will ensure a high payout on taxpayer money invested in education.

Dr. Lori Carrell, chancellor of University of Minnesota Rochester and co-director of the College-in-3 Initiative, explained the work done through the College-in-3 experiment. Twelve campuses have experimented with pilot programs for the College-in-3 project and have found not only do these programs decrease financial burdens, but they can also be successful with evidence-based learning design and partnerships with employers. The group recommends the Department of Education initiates “Experimental Sites” for the project and that Congress supports the initiative through the fiscal year 2024 appropriations process as well as through HEA reauthorization by ensuring financial aid flexibility for accelerated learning pathways.

Following their statements, witnesses fielded questions regarding details of their programs and recommendations to Congress. Dr. Renick expanded on Georgia State’s use of technology to identify and assist struggling students, the importance of partnering with local community colleges, and areas in which other institutions would benefit from similar models. Mr. Shoates provided details on SFI programs, including which schools are currently sponsored and how microgrant and loan programs work. Dr. Carrell detailed the ways in which universities can retain quality degree programs while limiting the time it takes to complete them as well as the financial benefits doing so would provide. Ms. Erickson made recommendations for expanding dual enrollment, increasing equity in the K-12 system, and the importance of guardrails when implementing competency-based education programs.

Artificial Intelligence was a frequent topic of discussion, with questions about future degrees in AI and even how to prevent students from using ChatGPT to cheat. The hearing brought to light a seemingly bipartisan support for programs such as dual-enrollment and three-year degree programs that could advance both accessibility and quality of education in postsecondary schools.

HHS Secretary Goes before House Committee

On June 13, the House Committee on Education and the Workforce, chaired by Virginia Foxx (R-N.C.), hosted a hearing called “Examining the Policies and Priorities of the Department of Health and Human Services.” Secretary Xavier Becerra of Department of Health and Human Services (HHS) opened by stating the department’s commitment to keeping healthcare affordable and providing mental healthcare on par with physical healthcare to all Americans, especially minors.

Key Hearing Takeaways

A significant focus of the meeting revolved around the New York Times article, “Alone and Exploited, Migrant Children Work Brutal Jobs Across the U.S.” Committee members questioned Secretary Becerra on how HHS keeps migrant children safe and out of exploitative situations, such as human trafficking. Secretary Xavier Becerra assured the committee the department is doing everything possible to protect migrant children in their care. HHS places migrant children with vetted sponsors, typically the child’s family or close relatives, but once they are placed with a guardian, HHS does not have jurisdiction to oversee those sponsors. HHS tries to contact children placed with sponsors to ensure their safety, but it does not have the authority to make the sponsors, or the children, respond. In the future, HHS plans to work with the Department of Labor to ensure safe workplaces in compliance with child labor laws.

Gender Affirming Care Upheld by Federal Judge

A U.S. District Judge in Florida has upheld the right of three minors to continue receiving gender-affirming care, despite recently passed legislation barring most transgender children from such care, like puberty blockers and hormone therapy. Judge Robert Hinkle also blasted the reasoning behind Florida’s ban on gender-affirming care for trans minors as likely unconstitutional. Judge Hinkle’s preliminary injunction only applies to the three families that brought the lawsuit. These families attest the ban violated their constitutional right for parents to make health-conscious decisions for their children. Hinkle states the plaintiff’s children will suffer irreparable harm if denied treatment. The ruling brings a temporary sense of relief to patients and families who have been denied access to gender-affirming care, but the legal path forward remains uncertain.

Judge Hinkle’s order comes in contrast to the series of anti-trans laws passed in Florida restricting transgender people’s access to medical care, school sports, and the ability to change names on IDs. The American Academy of Pediatrics and the American Medical Association support gender-affirming care for adults and adolescents.

Subscribe to the Policy and Advocacy Radar to receive our biweekly policy roundup, which includes commentary on issues in Social Current’s federal policy agenda, opportunities to take action, and curated news and opportunities.

On June 15, the U.S. Supreme Court voted 7-2 to uphold the Indian Child Welfare Act (ICWA). Social Current applauds the ruling in the Haaland v. Brackeen case because ICWA is regarded as the “gold standard” in child welfare by experts in the field, creating much-needed reform on practices that separated Native children from their families.

“The Indian Child Welfare Act is consistent with best practice and child welfare’s shift towards strengthening families and promoting family preservation,” said Social Current President and CEO Jody Levison-Johnson. “By prioritizing the placement of children within their families, communities, or Tribal Nations, we also prioritize stability and the opportunity to maintain continuity in schools, health care, and community participation. Today’s Supreme Court decision affirms this and ensures that we carry forward the practices and policies that we know create better outcomes for children.”

Related Resources

For more information about ICWA and the Supreme Court case, watch our on-demand webinar featuring Jody Levison-Johnson and Sarah Kastelic (Alutiiq), executive director of the National Indian Child Welfare Association (NICWA).