On Aug. 28, U.S. Surgeon General Dr. Vivek Murthy, released an advisory highlighting the immense stress caregivers report and the urgent need to better support parents, caregivers, and families to help our communities thrive. The report follows new and emerging challenges, including the complexity of managing social media, the youth mental health crisis, and an epidemic of loneliness that disproportionately affects young people and parents.

The surgeon general’s advisory details the relationship between parental stress and mental health, its impact, and pathways for action. Murthy recommended expanding community programs to ensure affordable child care, reliable mental health care, paid time off, spaces for social connection to build community, and encouraging communities to speak openly about the challenges parents face. He further spoke of a value shift to truly recognize the extraordinary impact of caregivers and collectively envision raising children as a shared responsibility through our policy, programs, and behavior.

The advisory highlights heightened stressors parents and caregivers face, including financial strain and economic instability, time demands, concerns over children’s health and safety, isolation and loneliness, difficulty managing technology and social media, and cultural pressures. The American Psychological Association reported that 41% of parents say that most days they are so stressed they cannot function, while 48% say that most days their stress is completely overwhelming compared to other adults.

Chronic and excessive stress experienced by parents and caregivers can adversely affect their mental and physical health, especially when considering the multiple sources of stress. Parental stress is often experienced by children, as parental mental health can influence the emotional climate, responsiveness, and consistency of caregiving, all of which are essential for a child’s emotional and cognitive development and long-term health.

The advisory stresses the importance of addressing parental mental health conditions and the underlying stressors and causes to decrease exposure to chronic or severe parental stress, empower parents to meet both their needs and the needs of their children, and reduce the likelihood of mental health conditions. The recommendations spanned community-wide from governments to employers, community organizations, health and social service systems and professionals, researchers, and families.

Biden Administration Announces Funding Awards to Advance the President’s Unity Agenda

The Biden administration recently directed significant funding toward integrating primary and behavioral health care, supporting mental health care, expanding substance use disorder treatment, and enhancing maternal mortality research and prevention efforts. The grants and funding opportunities reflect key pillars of President Biden’s Unity Agenda, including increasing the affordability and accessibility of mental health care.

Grants for Navigators to Increase Access to Health Care
The administration announced $100 million in awards to navigators to assist millions of Americans in registering for health care coverage through HealthCare.gov. The grants are awarded through the Centers for Medicare & Medicaid Services and directed toward 44 Navigator grantees in states utilizing HealthCare.gov. The grants will be offered with extended grant periods and in advance of Marketplace Open Enrollment, which will begin Nov. 1. They will be directed toward organizations working with underserved communities, consumers, and small businesses.

Funding to Integrate Primary and Behavioral Health Care and Expand Drug Treatment Court Capacity
The Substance Abuse and Mental Health Services Administration (SAMHSA) announced $81.3 million in grant awards. Approximately $16 million is directed to support the integration of primary and behavioral health care, while $24 million will expand the capacity of drug treatment courts. Additional awards will support tribal behavioral health, advance prevention science, support communities of recovery, and increase access to care through the screening, brief intervention, and referral to treatment public health model.

Prevention, Treatment, and Workforce Enhancement Awards
An additional $65.7 million in grant awards and notices of funding opportunities were announced through the Strategic Prevention Framework – Partnerships for Success program. The funds are intended to assist tribes, state and local governments, colleges, and universities in developing and delivering substance use prevention services. Additional awards will support youth with unmet behavioral health needs and increase access to behavioral health care for people who are or are at risk of becoming unhoused. The grants further aim to enhance the behavioral health workforce by supporting substance use disorder (SUD) training for graduate-level healthcare professionals.

Funding to Support Maternal Health and Home Visiting Programs
The U.S. Department of Health and Human Services announced more than $558 million in funding to improve maternal health. The vast majority, $440 million, will be directed to expand voluntary, evidence-based maternal, infant, and early childhood home visiting services. Additionally, the Centers for Disease Control and Prevention (CDC) will utilize $118.5 million across five years to expand Maternal Mortality Review Committees (MMRCs) from 46 to 52 states and U.S. territories and freely associated states.

Sector Updates from the Judiciary

Growing Challenges to Accessing Health Care for Transgender Adolescents
The 11th U.S. Court of Appeals recently upheld an Alabama bill restricting access to gender-affirming care when it declined a request to reconsider bill. Among the bill’s comprehensive provisions, it designates the prescription of puberty blockers or hormones to aid in the gender transition of individuals younger than 19 as a felony, punishable by up to 10 years in prison.

Four judges dissented, stressing the harm of restricting parents’ fundamental right to obtain medical treatment for their children. They further expressed concern for future access to broader medical care, especially if families have restricted pathways to bring legal challenges as with the 11th Circuit.

Alabama stands as one of 26 states that have adopted laws restricting or banning gender-affirming medical care for transgender youth. The U.S. Supreme Court and the 6th U.S. Circuit Court of Appeals have allowed Idaho, Kentucky, and Tennessee to enforce their bans as litigation continues. Nevertheless, a definitive ruling is largely dependent upon the Supreme Court, which has agreed to hear a lawsuit questioning the constitutionality of restricting gender-affirming care following challenges to a Tennessee bill. The legislation restricts the use of state funds for gender-affirming care and prohibits gender-affirming surgical care for minors.

Meanwhile, 16 states and the District of Columbia, have adopted shield laws to safeguard access to gender-affirming care, including by preventing providers and patients from facing civil or criminal charges from another state where care is prohibited.

Alongside the Supreme Court decision, elections are likely to significantly impact adolescents’ access to gender-affirming care. A critical example is Arizona’s election of Gov. Katie Hobbs, who issued an executive order guaranteeing insurance coverage for surgeries among state employees and protecting individuals from investigations initiated by other states. The order was issued one year after Arizona’s legislature banned gender-affirming surgeries for minors.

Mental Health Care Order Within California Prisons
The Ninth Circuit recently upheld a lower court’s ruling, affirming the right of inmates experiencing mental illness in California to have access to a minimum of 20 hours of mental health treatment per week for in-patient programs. California argued that the order did not comply with the Prison Litigation Reform Act of 1995, which requires the relief to go no further than is needed and be as non-intrusive as possible. The state also maintained that U.S. District Court Chief Judge Kimberly Mueller lacked evidence to support a 20-hour minimum.

A previous recommendation declined to set a minimum number of hours for treatment, alternatively requiring clinical assessment and treatment teams to determine all treatment decisions. Nevertheless, Judge Mueller rejected the absence of a minimum time requirement, establishing a key protection through a baseline level of care. The 20-hour minimum additionally reflects the minimum treatment levels mandated by the Department of State Hospitals, California’s state hospital system.

The decision is a key step to safeguarding the right of incarcerated individuals to access mental health care. Nevertheless, the order arrives during severe shortages of mental health professionals and despite Gov. Gavin Newsom’s longstanding efforts to expand care and recruit and retain mental health professionals.

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.

Voter engagement efforts build stronger community-based organizations. When residents vote, organizations have greater access to elected officials, increased clout on issues, and are better positioned to advance their mission.

In addition, engaging communities on issues that directly impact them helps make programs and services more effective and candidates are more likely to hear and respond to concerns.

Each organization, with its own unique mission, can integrate voter engagement in similar ways. Social Current has collaborated with Nonprofit VOTE to offer a new toolkit to assist in voter engagement: Strategies for Mobilizing Voters: A Toolkit for Community-Based Organizations.

The toolkit includes:

Download the toolkit online.

Network Spotlight: Wellpoint Care Network

Wellpoint Care Network in Milwaukee demonstrates how voter engagement has the power to ensure the organization’s mission remains relevant during and after elections.

Starting in early in 2020, Wellpoint Care Network committed to targeted voter outreach. Staff team leads spearheaded voter registration events as well as informational tables for voter education. They also disseminated materials like toolkits with voting information.

Ann Leinfelder Grove, president and CEO of Wellpoint Care, said: “We worked to promote the understanding that in a democracy, your vote is precious.”

The organization also used these public-facing opportunities to focus on foster parent recruitment and building a network of community partner organizations to address the social determinants of health. They found unique and effective ways to integrate voter engagement efforts with their mission.

Additional Resources

Join Social Current on Sept. 17 for a free webinar, Strengthening Community Impact Through Advocacy, to gain a comprehensive understanding of building policy literacy, crafting compelling narratives, engaging in coalition building, and developing disciplined messaging strategies.

Nonprofit VOTE also offers a resource library and several on-demand webinars:

Contact Abigail Levine, field mobilization and policy manager, for more information.  

The U.S. Department of Health and Human Services (HHS), through the Administration for Children and Families (ACF), has introduced a significant new rule to strengthen the Head Start program by increasing staff wages and benefits. The rule, titled Supporting the Head Start Workforce and Consistent Quality Programming, will raise annual wages for most Head Start teachers by approximately $10,000, improving the program’s ability to recruit and retain qualified educators and ensuring consistent, high-quality early childhood education.

For nearly six decades, Head Start has provided essential early childhood education to children who are often furthest from opportunity. This new rule builds on the Biden-Harris Administration’s commitment to expanding and enhancing early childhood programs and sets the stage for further collaboration with Congress to secure sustained investments in Head Start.

HHS Secretary Xavier Becerra emphasized the importance of this rule, stating, “For too long, Head Start has relied on staff who are often paid poverty-level wages. This rule changes that, ensuring our most vulnerable children have access to essential educational opportunities.”

ACF officials highlighted that the rule addresses the staffing shortages which have plagued many Head Start programs by increasing wages, reducing turnover, and elevating service quality. ACF Deputy Assistant Secretary for Early Childhood Development, Katie Hamm, noted, “This rule is a critical step toward reversing the trend of classroom closures and putting Head Start on a sustainable path.”

Khari Garvin, Director of the ACF Office of Head Start, added that the rule incorporates feedback from the Head Start community, offering greater flexibility and tailored implementation for smaller programs while reducing administrative burdens.

Head Start programs operate in every state, numerous Tribal nations, and U.S. territories, delivering comprehensive services in early learning, health, and family well-being. Serving children from birth to age five, the program tailors services to local needs, ensuring children across the country receive the support and education they need to thrive.

Medicare Drug Price Negotiation Program

On Thursday, Aug. 15, the Centers for Medicare & Medicaid Services (CMS) announced the negotiated prices for the first ten prescription drugs, a key provision of the Inflation Reduction Act.

The adjusted prices will become effective for individuals enrolled in Medicare with Part D prescription drug coverage on Jan. 1, 2026. 

The negotiated prices are expected to increase access to some of the most expensive and most frequently dispensed drugs by reducing the prices between 38% and 79%. The medications treat critical conditions, including diabetes, heart failure, arthritis, and more. They had been prescribed to nine million patients with Medicare coverage in 2023, who paid $3.4 billion in out-of-pocket costs the previous year for these medications. The reduced prices are expected to alleviate a critical barrier, increasing affordability and access.

Individuals enrolled in Medicare with Part D prescription drug coverage are expected to save $1.5 billion in out-of-pocket costs. Meanwhile, the CMS reported a $6 billion reduction in spending following the negotiated prices.According to the Congressional Budget Office, if the policy continues to move forward as planned, the drug price negotiations are expected to save the U.S. government about $98.5 billion by 2031.

The Inflation Reduction Act includes vital provisions to generate further cost savings for Medicare beneficiaries. Annual out-of-pocket expenses will be capped at $2,000 in 2025, rebates will be provided if certain drug price increases outpace inflation, and out-of-pocket costs for vaccines will be eliminated.

Negotiations are expected to continue for up to 20 drugs covered under Part D or Part B every year through 2026. The U.S. Department of Health and Human Services Secretary Xavier Becerra stressed the importance by stating, “Empowering Medicare to negotiate prices not only strengthens the program for generations to come, but also puts a check on skyrocketing drug prices.”

While several lawsuits have claimed the negotiations exceed the federal government’s authority and violate pharmaceutical companies’ constitutional rights, all lawsuits have been denied to date. Social Current will monitor the appeals process and provide updates accordingly.

Sector Updates from the Judiciary

Florida Appeals Court’s Release of Investigative Report in Moeller v. Southeast Florida Behavioral Health Network

On Aug. 15, a Florida state appeals court overturned a lower court’s decision, which blocked the release of an investigative report concerning the completed suicide of an individual shortly following discharge from a mental health center.

Initial record requests were filed according to the Florida Public Records Act (FPRA) and denied due to the unproven claim the report was protected under an FPRA exemption for the medical review committee.

In providing the records to the individual’s family, the state appeals court affirmed their legal right to the report while upholding the family’s due process rights. 

Catholic Charities Appeals to U.S. Supreme Court for Religious Exemption

On Aug. 9, Catholic Charities of the Diocese of Superior Wisconsin appealed to the U.S. Supreme Court to reverse a previous decision issued by the Wisconsin Supreme Court. The ruling required the agency to participate in the state’s unemployment system, claiming they do not qualify for a religious exemption because their activities are not “primarily” religious.

Wisconsin law requires all employers to pay an unemployment insurance premium on behalf of their employees, granting their employees access to weekly unemployment benefits if they lose their jobs. Members of a religious order, employees of churches or their parent associations, and those who work for organizations operated primarily for religious purposes and are controlled by churches or church associations have historically been considered exempt from this law.

The Catholic Charities Bureau sought an exemption to participate in an alternate program, the Church Unemployment Pay Program, established by the Wisconsin bishops in 1986. The agency claimed the program provides equal benefits with greater efficiency, allowing them to direct their cost savings to further their mission and grow charitable efforts.

Nevertheless, the Wisconsin Supreme Court ruled the Catholic Charities Bureau does not meet the standard of operating primarily for religious purposes. The Court reasoned that the services can similarly be provided by organizations without a religious purpose, especially considering the agency hires and serves all individuals, regardless of religious affiliation.

The Catholic Charities Bureau claims the Wisconsin Supreme Court’s ruling impacts their First Amendment rights by penalizing their agency for engaging in parts of its ministry, including serving those in need without attempting to proselytize. Should the United States Supreme Court accept the case, their verdict would likely impact religious organizations’ ability to receive religious exemptions nationwide.

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.

“There’s always an opportunity to become a better advocate,” said Jonathan Vasquez, government relations and advocacy assistant at Children’s Institute in Los Angeles. “That’s what the families and communities we serve at the Children’s Institute deserve—people who have the expertise and knowledge to be effective champions of the work.”

Using a whole-family approach, Children’s Institute helps children and families discover strengths and develop skills that create enduring success. For over 20 years, its Project Fatherhood program has provided parenting support to 15,000 men in caregiver roles in Los Angeles.

“After hearing directly from those we serve how often they felt disregarded, forgotten, and disposable, there was a desire to center the emotional and behavioral well-being of fathers in our work,” said Vasquez. “Centering community and lived experience in policy solutions ensures the dreams and aspirations of the communities we serve are reflected.”

After hearing the input of fathers and participating in several advocacy trainings hosted by Social Current, Children’s Institute recognized a need to advocate within all levels of government to bolster and expand this work.

Engaging over 100 fathers, community partners, and government agencies, Children’s Institute held a series of listening sessions that allowed LA County representatives to hear directly from fathers impacted by systemic inequity. These sessions resulted in 27 recommendations advanced by the county in areas including child services, mental health, economic support, and the justice system.

Children’s Institute’s Government Relations & Advocacy and Project Fatherhood teams cultivated a network of elected officials to champion father well-being and amplify a new narrative about fathers. The effort declared June “Fatherhood Well-Being Month” each year in the state of California through House Resolution 36.

With several federally funded initiatives—including Project Fatherhood—Children’s Institute seeks to expand its advocacy efforts at the federal level. Recently, the Government Relations & Advocacy team attended Social Current’s 2024 Advocacy Amplified Training and Hill Day, where they were able to advocate for Head Start funding to further propel their programs forward. Social Current staff also reviewed and provided feedback on their public policy and advocacy agenda to ensure greater impact.

“We are so thankful for our partnership with Social Current,” said Terry Kim, director of government relations and advocacy at Children’s Institute. “They facilitate opportunities to connect with organizations across the country, enhancing our impact and supporting our growth to be stronger advocates for our communities.”

Social Current offers customizable solutions to help organizations expand their advocacy efforts and increase their impact–from advocacy and government relations advising, strategy development, and more.

To learn more about Children’s Institute’s father engagement and government relations work, participate in Children’s Institute’s workshop at SPARK 2024. Registration is now open for SPARK 20204, to be held Oct. 21-22 in Denver.

The National Council of State Legislatures recently issued a report examining critical child care and early childhood legislative and regulatory proposals, potential for bipartisan agreement, and implications for states. The report follows critical appropriations, including $52.5 billion for the Child Care and Development Fund and $2 billion for Head Start. The additional funding, however, is temporary and federal legislation has yet to be passed to permanently address the cost and accessibility of child care.

The reforms are especially important to consider alongside rising costs of child care and limited availability of slots that have prevented countless families from accessing formal child care arrangements.

Build Back Better
Senate negotiations of the Build Back Better Act prevented the inclusion of early childhood provisions. Nevertheless, they reflect the Biden administration and several Democratic Congress members’ early childhood policy goals. The core components may also be seen in the Child Care for Working Families Act, which has been introduced in the 117th and 118th Congresses with strong Democratic support.

The administration mirrored the Child Care and Development Fund (CCDF) model by expanding eligibility for child care subsidies and capping the cost to families according to income level. The proposal also includes a cost estimation model to set payment rates to achieve pay parity between similarly experienced and credentialed child care and elementary educators. 

The Biden administration’s Build Back Better proposal would have also implemented universal preschool available to all families, regardless of income and employment status. State participation is voluntary, and those that opt out would receive federal grants directly available to localities and Head Start providers.  

Child Care and Development Block Grant Reauthorization Proposal
Senators Tim Scott (R-S.C.) and Richard Burr (R-N.C.) introduced a bill to reauthorize the Child Care and Development Block Grant (CCDBG) Act, which was last reauthorized in 2014. S. 3899 expands eligibility to low-income families, including by reducing co-payments. The bill also establishes cost estimation models to set provider payment rates.

Child Care for Working Families Act
The Child Care for Working Families Act was first introduced in 2017 and served as the foundation for the Biden administration’s Build Back Better child care and preschool provisions. Rep. Bobby Scott (D-Va.) and Sen. Patty Murray (D-Wash.) reintroduced the bill, H.R. 2976 and S.B. 1354, in 2023. It gained significant support as the leading Democratic proposal on early childhood education.

The Child Care for Working Families Act establishes federal-state partnerships to expand eligibility for child care subsidies and reduce co-payments for low-income families. Additional grants would be directed to open new child care facilities, growing choice between providers for families. For states that decline grants, funds become available to localities.

The Act creates early education formula grants to increase wages and benefits for child care staff, promote financial stability among providers, reduce burnout and fatigue, and encourage high-quality care. Similar to the Biden Administration’s Build Back Better provisions, preschool would become available to all families regardless of income and employment status. Head Start services would also become available through full-day, full-year programs.

Recent Rulemaking

CCDF Final Rule
In February 2024, the Department of Health and Human Services (HHS) released a new final rule issuing key amendments to the Child Care Development Fund (CCDF). States are now required to pay providers according to enrollment at the beginning of the month, rather than attendance at the end of the month. Additionally, HHS has capped family co-payments at 7% of their income. While not required, states are encouraged to waive copayments for families with a minimum income reaching 150% poverty line and presumptively consider the possibility of CCDF-eligible children as well.

The rule does not offer additional federal funding, leading states to absorb costs. However, states may request waivers of up to two years for certain required provisions.

Head Start Proposed Rule
In November 2023, the Department of Health and Human Services (HHS) released a proposed rule significantly amending Head Start Performance Standards.

The rule would increase staff wages, benefits, and wellness with the goal of achieving pay parity between Head Start staff and local K-3 teachers. It would also require programs to have a multidisciplinary mental health team, mental health consultations at least monthly, and integrated mental health support services for families.

The rule further encourages identifying and meeting community needs, including by creating a maximum caseload of 40 families per family service worker. Similarly, families’ gross income will be adjusted to account for elevated housing costs.

Nevertheless, like the CCDF Final Rule, the Head Start Rule is not authorized to provide additional federal funding. The rule’s provisions accordingly hold varying implementation timelines, ranging from 60 days to 7 years. Staff wages are not expected to go into effect until Aug. 2031, while the final rule is expected to be released by the end of 2024.

Areas of Potential Bipartisan Support

Tax Credits
Tax credits have gained significant support, including from the co-chairs of the Bipartisan Pre-K and Child Care Caucus. Two notable bipartisan bills have also been introduced: Tax Relief for American Families and Workers Act (H.R. 7024) and Child Care Investment Act (H.R. 4571).

Improving Child Care Infrastructure
Bipartisan support additionally exists to support the establishment and maintenance of child care facilities, which would in turn address shortages and increase choice for families. The Biden administration’s Build Back Better proposal and Republican Child Care and Development Block Grant reauthorization proposal enabled states to direct a portion of funds toward facility-related needs. Additionally, a current draft of the Farm Bill encourages directing grants from the Department of Agriculture toward child care facilities in rural areas.

Recent Reauthorizations to Support Vulnerable Populations

Older Americans Act Reauthorization Act
Chairman Sanders and Ranking Member Cassidy opened the U.S. Senate Committee on Health, Education, Labor, and Pensions by thanking the bills’ authors and staff before discussing S. 4776, the Older Americans Act Reauthorization Act of 2024. The bill has gained bipartisan support within Congress as well as from organizations like Meals on Wheels and AARP.

Senator Sanders highlighted the Older Americans Act’s importance in reducing the poverty rate among seniors while increasing access to assistive technology, nutrition, health care, and wellness. Its reauthorization would increase the act’s funding from its current amount of 2.3 billion to 2.76 billion in fiscal year 2025 and eventually to 3.3 billion in 2029.

Additional funding will enable millions of seniors who are currently on waitlists to access meals and housing. It will also increase access to health screenings, strengthen senior centers, support home health care workers, and address the mental health needs many elderly individuals are experiencing. Additionally, the reauthorization will support the Long-Term Care Ombudsman Program, a critical safeguard to protect the health, safety, welfare, and rights of long-term care residents. Funding will further be directed toward the Advisory Council to Support Grandparents Raising Grandchildren.

Several members of the U.S. Senate Committee spoke favorably of the reauthorization before voting in favor of the Act, demonstrating strong bipartisan support through a vote of 20 to 1.

Autism Collaboration, Accountability, Research, Education, and Support Act of 2024
Sen. Lujan (D – N.M.) commended the advocacy of parents and loved ones in developing the legacy of the Autism CARES Act, which has provided funding for research, training for providers, and the development of diagnostic tools and evidence-based interventions.

Through increased awareness and public health programs offering support for children with autism and other developmental disabilities, children have begun to receive earlier diagnoses and interventions. The Autism Cares Act increases access to both immediate and long-term services and support by addressing behavioral health and communication needs through their lifespan.

Sen. Collins (R-Maine), who cosponsored the reauthorization with Sen. Lujan, amplified the need for additional research and programming. She spoke of the impact Leadership Education in Neurodevelopmental and Related Disabilities Programs, or LEND, have had in Maine and encouraged Senate colleagues to extend additional support for the programs.

The Autism Collaboration, Accountability, Research, Education, and Support Act of 2024 was reauthorized with strong bipartisan support through a vote of 20 to 1.

Traumatic Brain Injury Program Reauthorization Act of 2024
The Traumatic Brain Injury Program Reauthorization Act of 2024 identifies and addresses gaps in data of traumatic brain injuries, highlighting populations with a higher risk. It also reauthorizes Administration for Community Living grants to states for traumatic brain injury rehabilitation and other supportive services.

Sen. Mullins (R-Okla.), who introduced the Traumatic Brain Injury Program Reauthorization Act of 2024, emphasized the need for ongoing research and spoke of the hope the bill offers. He expressed gratitude to the committee for their bipartisan support.

The strong support for the bill was reflected in the committee’s vote as its reauthorization was approved by a 20 to 1 vote.

Sector Updates from the Judiciary

Corner Post, Inc. v. Board of Governors of the Federal Reserve System
On July 1, 2024, The United States Supreme Court issued a decision that significantly expands the amount of time available to challenge the actions of a federal agency.

Previously, lawsuits against federal regulators were required to be filed within six years from the date the agency rule went into effect according to the Administrative Procedure Act (APA). However, the Supreme Court’s ruling amended the time plaintiffs are allowed to challenge regulations according to the date of injury. The statute of limitations accordingly extends from the initial time of harm through the next six years, regardless of the date of publication.

The challenge was brought by Corner Post, a truck stop in North Dakota, who disputed the regulation the Federal Reserve issued to govern the fees merchants are obligated to pay banks when customers use a debit card. Although the regulation took effect in 2011, the truck stop did not open until 2018 and filed the suit in 2021.

Similar to the ruling of Loper Bright v. Raimundo, which empowered courts to interpret unclear agency regulations, the Supreme Court’s decision will likely invite additional lawsuits. Corner Post extends recently formed entities to the ability to challenge regulations that have stood for decades. The decision holds the power to impact countless government regulations, ranging from workplace safety to health care. Justices Jackson, Kagan, and Sotomayor referenced the far-reaching implications through a previous suit challenging the Food and Drug Administration’s (FDA) approval of mifepristone, one of two drugs prescribed for medical abortions. The case was previously dismissed because of the statute of limitations, although the verdict may allow recently formed entities to challenge the FDA’s approval.

Justice Ketanji Brown Jackson expressed deep concern in her dissent, joined by Justices Sotomayor and Kagan. The Justices warned, “The tsunami of lawsuits against agencies that the Court’s holdings in this case and Loper Bright have authorized has the potential to devastate the functioning of the Federal Government.”

While the full extent of Corner Post’s impact will likely remain unseen without further litigation, Social Current will continue to monitor decisions referencing the verdict to understand the potential impact organizations might experience.

Moe v. Yost
On Tuesday, Aug. 6, a common pleas court judge ruled in favor of the constitutionality of an Ohio law. House Bill 68 was recently passed to ban minors’ access to gender-affirming care, including transgender surgeries and hormone therapies. It also restricts the type of mental health services minors can receive and precludes transgender women’s access to interscholastic sports according to the gender or sex with which they identify. Bicameral supermajorities overrode Governor DeWine’s veto, while the affirmative ruling allows the law to go into effect immediately.

The American Civil Liberties Union, the American Civil Liberties Union of Ohio, and the global law firm, Goodwin, filed the suit, with the intent of protecting transgender youths’ access to healthcare.

The American Civil Liberties Union of Ohio is preparing to appeal the decision, where it will reach the Tenth District Court of Appeal.

The Attorney General applauded the trial court’s decision, stressing the importance of protecting children “from making irreversible medical and surgical decisions about their bodies” while they are still growing.

Suits Social Current Is Monitoring

NetChoice, LLC v. Bonta, 9th Cir., No. 23-2969
NetChoice, is a trade association of online businesses that advocates for free expression and free enterprise on the internet. They recently challenged the constitutionality of California’s Age-Appropriate Design Code Act (CAADCA), which regulates the collection, storage, and use of minors’ personal data. CAADCA mandates that companies, like YouTube and Instagram, consider potential harm to children younger than 18 before implementing design features. Its regulations are intended to promote children’s online safety and privacy.

NetChoice sued the Attorney General of California to prevent the law’s implementation, which was granted by the US District Court for the Northern District of California. The Judge cited First Amendment concerns of how the law would impact speech, a decision that follows several Supreme Court decisions upholding the internet as an important forum for free speech.

California recently appealed the decision, which has since been heard by the U.S. Court of Appeals for the Ninth Circuit. While the lawsuit is pending, the judge suggested overturning the previous ruling, thereby allowing CAADCA to go into effect.

The ruling holds the potential to establish key precedent surrounding the viability of internet protections for children, especially following the strong bipartisan Senate passage of the Kids Online Safety Act (KOSA). KOSA similarly intends to prevent harm to minors on online platforms they are likely to use by defaulting to the safest settings possible for accounts perceived to belong to minors. For instance, a few proposed regulations include protections for users’ information, limited ability to communicate with minors, and restricted personalized recommendation features.

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 Tuesday, July 30, the White House hosted a convening on transforming child welfare to encourage innovation, build new partnerships, and exchange best practices. The Biden administration invited a broad coalition of key stakeholders, including policymakers across federal, state, local, and tribal governments and discussions centered the wisdom of child welfare and family support organizations and young people and families with lived experience.

The administration affirmed its commitment to ensuring all children have the opportunity to achieve their full potential and to grow up in safe and loving homes. The speakers further echoed the need for community and economic support to prevent family separations in times of poverty. It further reinforced the importance of strengthening the foster care system and increasing the use of kinship care, when possible, to preserve a child’s connection to their family and community.

During the convening, the administration announced several policies to prevent family separation and to support and create opportunities for youth and families. To offer additional guidance, six new questions and answers have been published in the Children’s Bureaus’ Child Welfare Policy Manual. The reforms targeted four key areas:

The policies above align with Social Current’s commitment to equity and community health and wellbeing. The administration’s investment in upstream prevention resources offers the flexibility needed to meet a family and community’s unique needs. Moreover, increased flexibility and amendments to the Family First Act serve as critical steps to grow the number of services available to families and increase their accessibility.

The reforms discussed and implemented by the administration to invest in families further reflect Social Current’s policy priorities. The legislation Social Current advocates for centers on four key cornerstones: advancing equity, improving health and well-being, increasing economic opportunity and mobility, and achieving social sector health and excellence. The administration’s commitment to each of these pillars is evident as they work to reduce poverty, prevent family separation, and grow opportunities for future generations.

Social Current is currently developing our 2025-2027 federal policy agenda. To inform the process, register for one of our upcoming focus groups:

Separating Poverty and Neglect

The administration elevated key state-led initiatives on preventing poverty from warranting child removal.

The Department of Health and Human Services (HHS) is issuing policy guidance encouraging states to update their maltreatment definitions under the Child Abuse Prevention and Treatment Act. It recommends excluding the financial inability to provide adequate housing, child care, and other material needs from the definition of child neglect. Alternatively, the state should first work to assist families (CWPM 2.3 Q/A #5).

HHS has also expressed its commitment to developing guidance to train mandated reporters to be aware of the revised definitions of neglect. The training will also extend to recognizing the need to connect families to supports.

Prevention Services

The administration stressed the importance of prevention services that are well-resourced, evidence-based, and uniquely tailored to each family’s needs. The final policy issued clarifies the information Title IV-E agencies and community partners need to collect and retain under the Title IV-E Prevention Services Program (CWPM Section 8.6A Q/As #3 and #4). The convening further discussed policies to expand the flexibility of federal funds states and tribes may direct toward prevention services, which are outlined below:

Prioritizing Kin and Youth Needs

Empirical and observational studies have shown improved outcomes for children placed in kinship care, including stability, behavioral health, and education. The following steps were discussed to incentivize kinship placements:

Innovations and Research

The administration reiterated its commitment to developing actionable research on the intersection of prevention, family support, and child well-being. HHS announced several projects to achieve this goal:

Key Initiatives

The convening further discussed key initiatives the administration has led to promote kinship care and foster care best practices. The efforts extend to safe avenues for family preservation, including supports as an alternative to child removals. Below is a summary of key initiatives the administration has led:

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.

Members of the House of Representatives and Senate are preparing to return to their districts ahead of the August Recess. The House will adjourn Aug. 2-Sep. 8, and the Senate from Aug. 5-Sept. 6.

The August Recess offers exciting opportunities to engage with your members of Congress. Community events, site visits, and meetings allow your representatives to gain a stronger understanding of the challenges your community is facing. They also can help you foster relationships so that you can work collaboratively to develop creative, innovative solutions to address shared concerns.

Here are a few strategies we recommend for connecting with your congressperson:

Schedule a Meeting Virtually or in their District Office
Congress relies on community-based organizations and direct support professionals to help create healthier, more resilient communities by improving mental health care and child welfare support. Your expertise on the strengths and challenges faced by children, adults, and families is crucial for shaping legislation and policies that truly reflect your community’s needs.

Please contact our Government Relations team, Dr. Blair Abelle-Kiser and Abigail Levine, if you would like assistance connecting to your representatives.

Invite Your Members of Congress to a Community Event or a Site Visit
Community events and site visits offer representatives an opportunity to see your organization in action, demonstrating your essential role in your community. Site visits can provide representatives with a firsthand glimpse of the challenges your organization is facing and how they are experienced within your community. Similarly, these events center the voices of the individuals in your communities, as representatives will meet with individuals and hear their concerns directly.

Visit a Town Hall
Town halls offer individuals an opportunity to share their story and the issues of greatest concern, while also learning from community members. Conversations with representatives may illuminate additional pathways for support and resources. Although they are not held by all members of Congress, representatives often announce town halls through their website and email list.

Sector Updates from the Judiciary

These Supreme Court and circuit court decisions are especially important to consider after Loper Bright Enterprises v. Raimondo, a Supreme Court decision that holds the power to significantly shift power from agencies, like the Department of Health and Human Services and the Administration of Children and Families, toward the judiciary.

Loper Bright Enterprises v. Raimondo
This ruling overturned a 40-year precedent, set by Chevron U.S.A. Inc. v. NRDC, which required courts to defer to federal agencies’ expertise in interpreting ambiguous laws. Now, courts can independently interpret these laws without relying on agency expertise.

This shift means that courts can now challenge and override decisions made by agencies, such as the Centers for Medicare and Medicaid Services (CMS), regarding important issues like Medicaid eligibility and consumer protections in private employer-sponsored health plans. The Lawyers’ Committee for Civil Rights Under Law has expressed concern that this ruling could weaken civil rights protections, especially for survivors of domestic violence under the Violence Against Women Act (VAWA). Previously, the U.S. Department of Housing and Urban Development set clear standards to protect survivors, their families, and supportive landlords. The new ruling may complicate access to these protections.

The Loper Bright Enterprises v. Raimondo decision grants judges the final authority to interpret federal laws, effectively allowing them to support or reject legislation approved by Congress. This is expected to increase legal challenges to federal rulemaking, potentially delaying the implementation of important federal programs. Social Current is dedicated to keeping the human service sector informed about key lawsuits and their impacts, helping to navigate the uncertainties brought about by such judicial changes.

Challenges to the SAVE Plan
The challenge follows multiple previous lawsuits surrounding the legality of the Biden administration’s efforts to address the burden many student loan borrowers are experiencing.

State of Missouri et al. v. Biden et al.
The SAVE Plan, which offers income-driven repayment plans for student loan borrowers, was temporarily paused by the Eighth Circuit Court after a coalition of states challenged the program as unconstitutional. The state plaintiffs included Missouri, Arkansas, Florida, Georgia, North Dakota, Ohio, and Oklahoma.

The Biden administration created the SAVE Plan to ease the burden on student loan borrowers. However, the program has sparked significant controversy, as multiple states stress the cost to the government and claim it oversteps the authority of the Higher Education Act.

The appeals court has ordered the Education Department to temporarily stop administering the SAVE Plan until the court determines its verdict. Borrowers who are currently enrolled will be placed in forbearance without interest until the court reaches its decision. Nevertheless, the Biden administration vowed to, “continue to aggressively defend the SAVE Plan — which has been helping over 8 million borrowers access lower monthly payments, including 4.5 million borrowers who have had a zero dollar payment each month.”

State of Alaska, et al. v. United States Department of Education, et al.
Alaska, Texas, and South Carolina filed a similar lawsuit June 24, 2024, and the judge ruled in favor of the states. Judge Daniel D. Crabtree, the district judge of the United States District Court for the District of Kansas, affirmed the likely loss of income the states will face. He also determined the SAVE Plan lacked congressional authorization and deemed the monthly payment cap and period limitation an overreach. Judge Crabtree prohibited the Department of Education from implementing changes in the payment cap or repayment periods, effective July 1, 2024.

The Department of Education vowed to appeal the decision and affirmed its commitment to assisting borrowers and ameliorating the burden of student loan debt.

Mackinac Center. for Public Policy v. US Department of Education
The ruling was also issued the same day in which a Michigan federal judge ruled against a nonprofit that challenged the Biden administration’s suspension of student loan payments during the COVID-19 pandemic.

The judge determined the nonprofit, the Mackinac Center for Public Policy, was unable to demonstrate how it was harmed by the U.S. Department of Education’s pause in payments. The ruling was upheld by the Sixth Circuit Court.

Challenges to Proposed Title IX Expansions
The Biden administration recently issued a rule to expand existing federal Title IX protections against sex discrimination and harassment on the basis of sexual orientation and gender identity. The rule would also prevent schools and educational programs receiving federal funding from barring transgender students from using bathrooms, changing facilities, and pronouns that correspond with their gender identities.

Although the rule was set to take effect Aug. 1, 22 states have filed and joined lawsuits, claiming the provisions are unconstitutional. They also detail the harm that would likely follow complying with the rules, especially through immense administrative costs.

While several cases remain undecided, many of the judges have claimed the states are likely to succeed. The courts maintain the Department of Education has not provided sufficient evidence to demonstrate how they would be harmed if the rule did not go into effect. Inversely, states are likely to incur enormous administrative costs and experience immense uncertainty surrounding the receipt of federal funds.

Eleven states have temporarily been allowed to pause any efforts to implement, enact, or enforce the rules. The states affected include Texas, Tennessee, Kentucky, Ohio, Indiana, Virginia, West Virginia, Louisiana, Mississippi, Montana, and Idaho.

Lawsuits Social Current Is Monitoring

Tennessee v. Becerra
Title X grants fund reproductive health care for low-income patients and include a longstanding federal requirement to offer counseling and referrals for abortion when requested by a patient. However, Tennessee failed to comply with the regulation after the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization. In response, the Department of Health and Human Services declined to renew the state’s Title X funding, leading Tennessee to sue to regain its grant.

The suit will likely offer key context to the authority of agencies in interpreting ambiguous laws and the deference courts offer. Judge Kethledge of the Sixth Circuit maintained that the court was no longer bound by the seminal Supreme Court ruling, Rust v. Sullivan, following Loper Bright.

Arizona Families Tax Rebate Mayes v. IRS
The attorney general of Arizona filed a suit against the IRS following its decision to subject Arizona’s family tax rebate to federal income taxes. A 2023 bill directed the state’s surplus to fund a rebate to families of $250 for every child younger than 17 and $100 for older dependents, up to a maximum of $750 per family.

Typically, the IRS requires certain criteria to be met to qualify for a general welfare exclusion. State payments must:

The U.S. District Court affirmed courts are not allowed to prevent the government from collecting taxes. Rather, courts can only decide the legality of a tax once it has been collected and paid. Additional suits filed once the tax has been collected will likely offer key precedent, especially in light of the immense financial impact on state residents. The IRS’ decision to tax the rebates would cost Arizonans an estimated 20.8 million.

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.

Social Current has begun to develop its 2025-2027 Federal Public Policy Agenda, which will address key challenges within the human services sector. We aim to ground the agenda in the wisdom, insight, and expertise of our network and want to hear from you about the challenges your organizations are facing, as well as the changes you hope to see.

Virtual Focus Groups

Through a series of virtual focus groups, we hope to illuminate the most pressing challenges within your organization and community. These conversations will serve as a stepping stone to collaboratively determine avenues for meaningful, sustainable change. To fully capture our collective vision, this agenda-setting process is intended to be progressive and for each stage to build upon the last.

Virtual focus groups will be held:

Each session will offer opportunities to share your experiences within the human service sector, challenges your organization and community are facing, and areas you hope to see change.

Online Survey

We are also seeking input on challenges and priorities through an online survey. View a copy of the survey questions.

Multiple staff per organization are welcome to complete it, which should take approximately 15-25 minutes. The deadline is Sept. 27.

A specific survey link was sent to Social Current Impact Partners. If you are an Impact Partner and would like us to resend the link, please email Abigail Levine, field mobilization and policy manager at Social Current.

In jointly leveraging our voices for change, we will be able to amplify the power of the social sector.

Social Current has begun to develop its 2025-2027 Federal Public Policy Agenda, which will address key challenges within the human services sector. We aim to ground the agenda in the wisdom, insight, and expertise of our network and want to hear from you about the challenges your organizations are facing, as well as the changes you hope to see.

Through a series of virtual focus groups, we hope to illuminate the most pressing challenges within your organization and community. These conversations will serve as a stepping stone to collaboratively determine avenues for meaningful, sustainable change. To fully capture our collective vision, this agenda-setting process is intended to be progressive and for each stage to build upon the last.

Virtual focus groups will be held:

Each session will offer opportunities to share your experiences within the human service sector, challenges your organization and community are facing, and areas you hope to see change.

In jointly leveraging our voices for change, we will be able to amplify the power of the social sector.

Congress Examines the State of Child Care

On July 9, the Senate Finance Committee held a hearing titled “Examining the State of Child Care: How Federal Policy Solutions Can Support Families, Close Existing Gaps, and Strengthen Economic Growth.” Senators and expert witnesses stressed the importance of high-quality, affordable, and accessible child care as well as concurrent workforce challenges. The hearing follows the Congressional Budget Office’s 2024-2034 Budget and Economic Outlook release, which considers child care due to its potential to impact labor force participation, household incomes, and overall economic productivity as well as government spending.

Sen. Wyden (D-Ore.) opened the hearing by contrasting the lives of billionaires and the millions of working families for whom child care remains unaffordable. He stressed the need to identify targeted ways to ensure families have access to the resources needed to thrive. Wyden highlighted previous measures, including a permanent, annual increase of $633million to the Child Care Entitlement to States through the American Rescue Plan Act. He also mentioned the Building Child Care for a Better Future Act (S.1842) and the Tax Relief for American Families and Workers Act of 2024 as key steps to further support families.

Ranking Member Sen. Mike Crapo (R-Idaho) echoed the importance of affordable, accessible child care and stressed the importance of evaluating existing programs to understand the most and least effective factors. He highlighted states as uniquely positioned to leverage existing programmatic flexibilities and to design and deliver benefits. However, Crapo spoke against rising costs that would follow federal government mandates on child care provider wages and approved sites of service.

The discussion among key witnesses highlighted critical issues in the child care sector. Fatima Goss Graves, president and CEO of the National Women’s Law Center, emphasized the profound disparities stemming from high costs, low wages, and inadequate facilities, stressing that investing in early child care yields substantial long-term benefits. She advocates for federal support through acts like the Child Care Stabilization Act and the Building Child Care for a Better Future Act to establish a robust, inclusive system. Megan Pratt, the assistant professor of practice within Oregon State University’s College of Health, underscored the scarcity and affordability challenges of formal child care, particularly in rural areas, advocating for governmental aid and streamlined processes to improve workforce retention and child development outcomes.

Katharine B. Stevens, founder and president of the Center on Child and Family Policy, focused on the financial strain faced by low-income families and providers, proposing direct subsidies and enhanced parental empowerment to improve access and quality. She suggests integrating federal programs and reducing bureaucratic barriers to enhance efficiency and effectiveness in child care provision. Her federal recommendations extended to leveraging Rural Development Grants and child tax credits, integrating and streamlining federal ECE programs, reducing bureaucratic inefficiencies and silos, and piloting a Federal Performance Partnership.

Ryan Page, the director of child care for the Iowa Department of Health and Human Services, followed by sharing the extensive steps Iowa has taken to ensure high quality child care is affordable and accessible, prioritizing consumer education and parent choice. One initiative includes a Child Care Assistance Pilot Program, which provides a child care subsidy to those employed in a direct service position within child care, regardless of income. HHS has further worked to grow sustainability through the Shared Services Framework to achieve full enrollment, full fee collection, and revenues that cover per-child cost. Additional efforts include cost sharing agreements between businesses and child care facilities, child care solutions funds to support wage enhancements for child care providers, and a tiered eligibility structure to prevent the loss of care with modest wage gains.

The hearing underscored key challenges families are facing—insufficient choices that often fail to meet their unique needs and exceed their financial means. The data shared by expert witnesses illustrated how investing in the child care workforce benefits the economy and strengthens future generations. They further encouraged a dual lens of considering the needs and perspectives of parents alongside child care providers in ensuring high-quality affordable childcare remains accessible.

Costly Impacts of Inflation to Everyday Americans

On July 9, the Senate Committee on Health, Education, Labor, and Pensions held a hearing titled “Everyday Expenses and Everyday Americans: How High Costs Impact Children and Families.” Senators and witnesses detailed the daily impact of economic challenges on families and small businesses, as well as avenues to alleviate the pressure inflation often places.

Sen. Casey (D-Pa.) opened the hearing by detailing how corporations have profited from recent economic uncertainty at the expense of consumers, artificially rising prices, and surging costs. He shared details from Greedflation, the special report he authored in November 2023, about how corporations have achieved unprecedented profits at the expense of American families. He introduced the Shrinkflation Prevention Act of 2024 and has encouraged accountability for corporate price gouging.

Ranking Member Sen. Tuberville (R-Ala.) echoed the harm inflation has done nationwide, negatively impacting Americans’ daily lives. He expressed concern for the growing deficit and stressed the need for supply side growth to leverage the free market to improve the economy, citing economic policies and data under the Trump administration to detail its potential.

Dan Lee, owner of Farina Pasta and Noodle in Philadelphia, highlighted the persistent challenges his small restaurant faces, including sustained, high pre-pandemic food prices; labor costs; and steep delivery service fees, which erode profitability. He emphasized the precarious struggle of needing to cover costs and maintain a margin without alienating an already shrinking customer base. Erin Wiggle, a Pennsylvania resident and retired Army veteran, discussed how rising costs have strained her family’s budget, including expenses for her nonprofit animal rescue. She echoed concerns about inflationary pressures and supported efforts against “greedflation” and “shrinkflation,” advocating for fairness in corporate practices.

Emily Gee from the Center for American Progress criticized decades of lenient antitrust policies and anti-union labor laws, blaming them for consolidating corporate power and limiting economic choices for consumers and small businesses. She proposed reforms to restore economic balance through enhanced worker protections and corporate transparency. David Malpass, an economic analyst, underscored the impact of regulatory hurdles on economic growth and recommended a supply-side strategy emphasizing increased production and a more focused Federal Reserve approach to stabilize prices and interest rates swiftly.

Hearing participants shared the far-reaching impact of elevated prices, from health care to child care and similar expenses of daily living. They further stressed the disparities rural communities face and disproportionate impact on lower-income households. Witnesses and senators shared the necessity of a fair economy where companies do not exploit inflation for profit.

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 21, the U.S. Supreme Court ruled in an 8-1 decision in United States v. Rahimi to uphold a federal statute, 18 U.S.C. 922(g)(8), that prevents individuals subject to domestic violence restraining orders from possessing a firearm. The longstanding federal protection is essential to protecting victims and survivors of domestic violence from their abusers.

Firearms can severely escalate risk within incidences of domestic violence, posing credible threats of death which can prevent individuals from leaving abusive relationships. Perpetrators of domestic violence may use firearms to further threats and intimidation, force compliance, or as psychological abuse. However, their use is not necessarily restricted to acts of coercive control. Victims and survivors of intimate partner violence are five times more likely to die when an abusive partner has access to a gun.

The danger of firearms within incidences of domestic violence enforces the gravity of the Supreme Court’s decision. Protective orders are a key step countless advocates have worked to protect, especially as guns are weaponized to further abuse. Justice Sotomayor’s concurring opinion, which Justice Kagan joined, highlighted the danger communities face. In approximately one quarter of cases in which abusers have murdered an intimate partner, they have also killed an additional individual, such as a child, family member, and roommate. The Supreme Court’s decision similarly benefits law enforcement officers as a study of those killed during domestic disturbance calls revealed 95% of homicides were committed with a firearm.

The ruling upholds key precedent protecting survivors and victims. The federal statute has been associated with a 27% reduction in state-level intimate partner homicide rates. The ruling of United States v. Rahimi is supported by President Biden and his administration. In a statement issued by Attorney General Merrick B. Garland, the Justice Department vowed to continue to enforce the statute and utilize all available resources to support law enforcement, prosecutors, courts, and victim advocates in addressing the pervasive problem of domestic violence.

Senate Finance Committee Discusses Challenges Social Security Insurance and Social Security Disability Insurance Recipients Face Alongside Potential Reforms

On Tuesday, June 4, the Senate Committee on Finance held a hearing titled, “Work and Social Security Disability Benefits: Addressing Challenges and Creating Opportunities.” Senators and expert witnesses discussed the challenges individuals with disabilities face in seeking employment as well as saving for key life expenses without endangering the benefits Social Security affords, including health insurance. They discussed key legislation and guardrails to ensure individuals with disabilities who wish to work do not exceed their eligibility limits. A loss of benefits can be especially harmful for recipients as their disability prevents them from working full-time.

Chairman Ron Wyden (D-Ore.) opened the hearing by commending the efforts of Senators Brown (D-Ohio), Casey (D- Pa.), Lankford (R- Okla.), and Cassidy (R- La.) in introducing the Supplemental Security Income (SSI) Savings Penalty Elimination Act. The Act adjusts savings allotted from $2,000 to $10,000 for individuals and from $3,000 to $20,000 for married couples, while adjusting for inflation annually. Wyden highlighted an additional safeguard he introduced alongside Sen. Cassidy, the Work Without Worry Act. The act prevents a parent’s work history from disqualifying an individual from receiving Social Security benefits. The final protection outlined in the act lay in a pledge made by Martin O’Malley, the Commissioner of Social Security Administration (SSA), to offer Americans increased time and flexibility in correcting overpayments.

Ranking Member Mike Crapo (R-Idaho) highlighted the challenges individuals with disabilities can face in rejoining the workforce and the complexities of work incentives. He emphasized the importance of the Bipartisan Budget Act of 2015, which created a provision permitting the Social Security Administration to create a data-sharing agreement with payroll providers. Despite the delay in its implementation, Crapo emphasized the importance of such steps to prevent or limit work-related overpayments before they occur. Alongside the reform, Crapo encouraged the SSA to update occupational data to ensure relevant careers are included in determining an individual’s eligibility for disability benefits.

William R. Morton Analyst, an Analyst in Income Security at the Congressional Research Service, provided an overview of the Social Security Administration’s disability programs, including eligibility requirements and available work incentives. He discussed potential barriers to employment, including an individual’s physical or mental condition, feeling discouraged by previous work attempts, inaccessible workplaces, and the inability to find a job for which they are qualified. Morton also spoke of barriers within the SSI and Social Security Disabilities Insurance (SSDI) programs, including the complexity of work incentives. Overpayments may further discourage employment, leading the SSA to revise its guidance on recovering and waiving overpayments to reduce the burdens beneficiaries may experience. 

Susan Wilschke is the Associate Commissioner of the Office of Research, Demonstration, and Employment Support at the SSA. Her testimony centered on work incentives, highlighting SSA’s efforts in providing a path to jobs with self-supporting futures while removing work determents. Wilschke additionally discussed a comprehensive study conducted in 2021, examining four decades of SSA’s disability demonstration research. Notably, implementation issues and the complex nature of interventions reduced their overall effectiveness. For most demonstrations, a small number of individuals took up work programs offered through SSDI. Wilschke shared how additional funding may assist in improving service levels and reducing wait times, especially as the number of Social Security beneficiaries rise. 

Erin M. Godtland, the Assistant Director Education, Workforce, and Income Security for the United States Government Accountability Office highlighted three key disincentives to work: the loss of cash and medical benefits, overpayments, and complexity of rules surrounding work. Despite research to examine the potential impact of policy changes, a comprehensive study examining 11 demonstrations found there were “essentially never increases in [program] exits” and “rarely reductions in [disability insurance] expenditures.” Difficulty addressing key issues and modernizing have led the U.S. Government Accountability Office (GAO) to place SSA’s disability programs on its high-risk list since 2003. The challenges are exacerbated by the agency’s staffing shortages, although the SSA is working with local offices to potentially increase pay and implement initiatives to improve job satisfaction, recruitment, and retention.

Katherine Zuleger is the manager of the Wausau, Wisconsin Social Security Administration field office and the President of the Chicago Social Security Management Association. Zuleger testified on behalf of the National Council of Social Security Management Associations, a professional association comprised of those providing direct assistance to SSI and SSDI beneficiaries.  In detailing the complexities of SSI and SSDI, she recommended standardizing the treatment of work across both programs. She further suggested pursuing early intervention measures once a beneficiary is enrolled and raising the substantial gainful activity limit to encourage individuals to return to the workforce. Lastly, to ease administrative burden, Zuleger proposed simplifying SSI wage reporting through automatic updates to the agency’s system without requiring faxing or mailing pay stubs, which require manual updates.

The challenges and associated reforms discussed are essential to addressing key obstacles which individuals who receive SSI and SSDI benefits face, including earning livable wages and understanding complex, stringent work limits. The reforms discussed take vital steps to ensure recipients retain access to needed benefits, including health insurance.

The Immediate and Long-Term Challenges Facing Public School Teachers: Low Pay, Teacher Shortages, and Underfunded Public Schools: A Senate Hearing Recap

On June 20, the Senate Committee on Health, Education, Labor, and Pensions held a hearing titled, “The Immediate and Long-Term Challenges Facing Public School Teachers: Low Pay, Teacher Shortages, and Underfunded Public Schools.” Senators and witnesses discussed key challenges our schools are facing, from the underlying causes of teacher shortages to declining test scores.

Chairman Sanders (D-Vt.) highlighted the daily challenges teachers face due to low pay and independent costs of maintaining their classrooms, often leading educators to obtain a second, part-time job. He reiterated his commitment to fair wages through his introduction of S. 766, the Pay Teachers Act, which provides funding to support education programs and addresses teacher shortages. Sanders concluded by thanking teachers and commending their profound impact on students.

Senator Cassidy (R-La.) similarly opened his remarks by highlighting the profound influence his teachers have had on his life before expressing concern surrounding the state of public education. He stressed the decline of reading and math scores before fourth grade alongside spikes of absenteeism, despite the dramatic increase of education spending. Cassidy issued multiple recommendations, including screening for dyslexia, addressing the negative impact of Tik Tok and social media, examining the impact of school closures related to the COVID-19 pandemic, and the rising cost of college.

John Arthur is a National Board Certified Teacher who has taught at a Title I public school in Utah for 11 years. He spoke of how increasingly difficult conditions have challenged the joy teaching brought him and countless of his colleagues. Arthur illustrated through his testimony how compensation, community, respect, and room to grow as professionals are the key elements teachers need to thrive.

Gemayel Keyes is a middle-years special education teacher in a Philadelphia public school and a member of the Philadelphia Federation of Teachers, a local branch of the American Federation of Teachers. Keyes began his career as a bus attendant before becoming a paraprofessional, in both positions earning such a low salary he struggled to afford daily necessities, let alone further education. He stressed the importance of investing in teachers and paraprofessionals as well as creating pathways to assist paraprofessionals in becoming teachers.

Dr. William Kirwan, the vice-chair of Maryland’s Accountability and Implementation Board, discussed the Blueprint for Maryland’s Future, a recently enacted PreK-12 education reform legislation. The bill outlays a multiyear, comprehensive plan which addresses all aspects of a child’s education from birth to high school completion, including the recruitment, retention, and compensation of high-quality teachers. The foundation of the Blueprint lies in five practices of the highest performing schools internationally: invest in early childhood development and education; prepare, compensate, and treat teachers like other professionals; develop a fully aligned, rigorous PreK-12 instructional system; invest heavily in students who need the most support to be successful; and require a high degree of accountability at the school level. Through his testimony, Dr. Kirwin emphasized the importance of addressing childhood poverty, pointed to the utility of community schools, and stressed professional growth and collaboration between teachers.

Robert Pondiscio, a senior fellow for the American Enterprise Institute, highlighted the limitations of increasing teacher pay in addressing burnout, specifically in light of their growing responsibilities, poor preparation, and deteriorating classroom conditions. He pointed to a 2022 poll conducted by the National Education Association in which nearly half of teachers reported a desire or plan to quit because of school climate and safety. In addition to student behavior, Pondiscio described how time creating lessons can detract from time available to analyze students’ work, offer feedback, build subject matter expertise, and cultivate strong relationships with students and parents. While pay is an essential component, he reiterated the importance of examining the scope of a teacher’s role and responsibilities.

Nicole Neily, the president and founder of Parents Defending Education, expressed concern surrounding the topic of the hearing as incongruent with families’ concerns and priorities. Neily pointed to falling test scores and literacy rates as well as ruptured relationships between parents and their child’s school. She illustrated instances of curriculum differing with families’ values. Neily further stressed limited transparency, particularly in instances related to school safety capacity. While she maintained teachers deserve to be paid commensurate with their worth, she reinforced the need for a careful evaluation of educational quality and examination of how education funds are distributed and utilized. The hearing underscored the value and profound impact teachers hold while addressing the complex and multifaceted issue of teacher shortages. Low wages, unsustainable workloads, and difficult working conditions are just a few factors contributing to declining rates of teacher retention. Means of supporting teachers and students are especially important to consider as districts continue to witness high rates of absenteeism, low literacy rates, and declining test scores.

Overtime Final Rule Enjoined in Texas Ahead of Designated July 1 Implementation 

Judge Sean D. Jordan of the US District Court for the Eastern District of Texas granted Texas’ request for an injunction on Friday, June 28. The ruling temporarily prevented the U.S. Labor Department’s Overtime Final Rule from going into effect for the state of Texas, as an employer. Private sector employers, including charitable nonprofits, are excluded from the ruling. 

The Department of Labor issued the rule in April with the intent of ensuring fair compensation.  Previously, the Fair Labor Standards Act exempted certain white-collar employees from overtime pay requirements if they were salaried, met a certain pay threshold, and worked in executive, administrative, or professional capacities. The new rule automatically extends overtime eligibility to employees earning less than $58,656 a year if they work more than 40 hours a week.  

The first phase of the rule, which was scheduled to go into effect July 1, would have increased the yearly salary threshold for overtime eligibility from the current $35,568 to $43,888. Then, on Jan. 1, the salary threshold would rise again to $58,656, before updating every three years. Eventually, the rule is expected to expand time-and-a-half pay protections to four million workers who were previously ineligible.  

The court concluded the Department of Labor’s rule extends beyond their ability to define and delimit the exemption for employees in executive, administrative, or professional capacities. Judge Jordan clarified determining whether an individual works within an executive, administrative, or professional capacity depends upon their function and duties – not compensation. Moreover, the Fair Labor Standards Act does not expressly authorize the Department to utilize an objective salary level test.  

An additional lawsuit seeking a national injunction, Flint Avenue LLC v. U.S. Dep’t of Labor, No. 5:24-CV-130-C (N.D. Tex.), is pending.

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.