All4Ed Flash

Phillip Lovell, Associate Executive Director

Anne Hyslop, All4Ed Director of Policy Development

All4Ed Website: All4Ed.org
Twitter: @All4Ed
YouTube: YouTube.com/All4Ed
Facebook: Facebook.com/All4ed

The mission of the Alliance for Excellent Education is to promote high school transformation to make it possible for every child to graduate prepared for postsecondary learning and success in life.

#All4Ed

All4Ed Website: https://all4ed.org

Twitter: @All4Ed

Instagram: @All4Ed

Facebook: https://www.facebook.com/all4ed

Anne Hyslop, All4Ed Director of Policy Development

Ziyu Zhou, FAll4Ed Policy Analyst

All4Ed Website: All4Ed.org
Twitter: @All4Ed
YouTube: YouTube.com/All4Ed
Facebook: Facebook.com/All4ed

The mission of the Alliance for Excellent Education is to promote high school transformation to make it possible for every child to graduate prepared for postsecondary learning and success in life.

#All4Ed

All4Ed Website: https://all4ed.org

Twitter: @All4Ed

Instagram: @All4Ed

Facebook: https://www.facebook.com/all4ed

President Biden released his full FY2022 budget request, with a 41 percent increase for the U.S. Department of Education and proposals to expand public education by four years and create a new $20 billion Title I “equity fund” to tackle inequities in state and local school finance, teacher pay, advanced coursework, and preschool. Plus, the bipartisan Fast Track to and Through College Act was reintroduced, and the U.S. Department of Education issued new guidance on how states and districts may use federal COVID-19 relief funds.

President Biden’s FY2022 Budget

Last week the Biden administration released its full FY2022 budget request, which fleshes out the “skinny budget” from mid-April that we discussed on a previous Federal Flash. Overall, President Biden would increase the U.S. Department of Education’s budget by 41 percent to nearly $103 billion.

The budget request incorporates key elements from the American Families Plan and the American Jobs Plan, including expanding public education by four years through $200 billion for universal pre-K and $123 billion for free community college.

While those provisions were previewed in other proposals, the administration unveiled new funding as well. This includes a $2.6 billion increase for special education grants under IDEA, a $1 billion program to help double the number of school counselors, nurses, and mental health professionals, and $100 million for middle and high school career technical education innovation projects to provide high-quality, work-based learning and other pathways to credentials. Most notably, the request includes $20 billion for new Title I “equity grants.” Rather than allocate these funds through the existing Title I formulas (which would remain flat-funded at around $16.5 billion), the new grants would flow to districts through a different, more targeted formula. However, the full details of the formula aren’t part of the budget request.

In addition to a new formula for allocating the $20 billion, the funds would be used for different—and more specific—purposes than current Title I dollars. Districts would use a portion to make teacher salaries more competitive with other professions and a portion to address disparities in access to advanced coursework. They could also use funds to expand access to preschool.

There would also be new requirements for states to access the funds, including reporting, goal setting, and progress monitoring related to state and local funding equity, competitive teacher pay, access to— and success in—rigorous coursework, and pre-K. If enacted, the equity grants would dramatically increase the federal government’s investment in under-resourced schools and could jumpstart important changes at the state and local level to make school finance more equitable.

At All4Ed, “we applaud the move to invest more in Title I schools through an additional $20 billion program that we hope will not only address state and local funding inequities for these schools but also will improve equity in access to advanced coursework. We look forward to working with Congress to see these proposals become reality.”

Like most presidential budget requests, however, the Biden budget faces considerable opposition and uncertainty. While it’s unlikely Congress will adopt President Biden’s budget proposal whole cloth, we urge Congress to build on its investments in education and strong commitment to equity.

The Fast Track To and Through College Act

Moving over to Capitol Hill, Senators Maggie Hassan (D-NH), and Todd Young (R-IN) reintroduced the Fast Track To and Through College Act to help college-ready high school seniors “fast track” into college-level coursework fulltime.

This bipartisan legislation builds on findings from a report by All4Ed and Education Reform Now. It authorizes competitive grants to states to redesign senior year of high school by providing two faster, more affordable pathways to college. The early college pathway provides a free, full-time course load of college-level work through dual enrollment or Advanced Placement during 12th grade. The early high school graduation pathway supports students who graduate high school a year early by using a portion of the per-pupil funding their school would have received to provide students a scholarship for any in-state public college or university. This legislation also makes low-income students in “fast track” pathways eligible for Pell grants to pay for dual enrollment course work. We’re excited to see this important legislation reintroduced and hope that Congress will pass it into law.

https://vimeo.com/321552949

New Guidance on COVID-19 Relief Funds

As the deadline nears for states to submit plans on how they will use the last portion of their COVID-19 relief funds, the U.S. Department of Education issued new guidance on the use of federal funding allocated through the Elementary and Secondary Emergency Relief (ESSER) fund—which has been funded in three separate relief bills: the CARES Act, the Coronavirus Response and Relief Supplemental Appropriations Act and, most recently, the American Rescue Plan Act.

The document answers Frequently Asked Questions (FAQs) on how ESSER funds may be used to support states and districts to reopen schools and address lost learning time. By and large, ESSER funds are more flexible than other federal dollars. Resources may be used for summer learning, helping high school students transition to college, mental health services, and supports for students with disabilities, English learners, and those experiencing homelessness. ESSER funds may also be used for related activities, like “premium pay” for teachers, COVID-19 vaccinations , and improving air quality in schools. The guidance further clarifies states cannot place conditions on how districts spend funds other than stipulating the amount that may be used on administration. Finally, states and districts may not use ESSER to bolster their “rainy day” funds that may have been drained due to the pandemic.

The new guidance is likely not the final word from the Department on ESSER funds, as we expect further guidance on maintenance of equity in the American Rescue Plan and reporting requirements. We’ll keep you posted.

Familiar Faces Return to the Department of Education

Finally, in other Department news, President Biden has nominated Catherine Lhamon to head the Office for Civil Rights. Lhamon previously held the same position during the Obama Administration, and we are excited for her return to that role. If confirmed, Lhamon would lead the Department’s work to protect K-12 and college students from discrimination, including addressing issues related to race, LGBTQ rights, and sexual assault and harassment. Another Obama administration alum, Lisa Brown, has been nominated for General Counsel. Brown is currently Vice President and General Counsel at Georgetown University. These appointments shrink the number of unfilled leadership roles at the agency, though the Assistant Secretary for Elementary and Secondary Education has not yet been announced.

This blog post represents a slightly edited transcript of the June 2 episode of Federal Flash, the Alliance for Excellent Education’s (All4Ed’s) video series on important developments in education policy in Washington, DC. The podcast and video versions are embedded below. For an alert when the next episode of Federal Flash is available, email [email protected].

Anne Hyslop is director of policy development and Ziyu Zhou is a policy analyst at All4Ed.

All4Ed Website: https://all4ed.org

Twitter: @All4Ed

Instagram: @All4Ed

Facebook: https://www.facebook.com/all4ed

Two big announcements from the Federal Communications Commission (FCC). First, the Emergency Broadband Benefit Program opens May 12 to provide eligible, high-poverty households with discounts on monthly broadband service costs, as well as a one-time discount to purchase a computer or tablet. Also, proposed regulations for spending the emergency $7.2 billion investment under the American Rescue Plan to help schools and libraries purchase broadband and connected devices. And in other administration news, we cover Secretary Cardona’s testimony about President Biden’s FY2022 education budget request and an update on nominations to key positions at the Department of Education.

Emergency Broadband Benefit Program

The COVID-19 pandemic exposed and worsened inequitable access to high-speed home internet and connected devices. To help address this problem, the FCC is opening the Emergency Broadband Benefit Program on May 12. The program was authorized by Congress last year in a coronavirus relief package. It provides federal funds to low-income households to help pay for monthly broadband services and a connected computer or tablet. Households are eligible if at least one member meets the eligibility requirements, including if a child is eligible for free and reduced-price school lunch.

Eligible households can sign up at GetEmergencyBroadband.org. Participants receive up to $50 off their monthly broadband service bill. These discounts increase to $75 per month for households on Tribal lands. Additionally, participants can receive up to $100 toward a one-time purchase of a computer or tablet if they contribute between $10 and $50.

Emergency Connectivity Fund

That’s not all the FCC’s been doing to close the digital divide. As we discussed previously on Federal Flash, the American Rescue Plan includes $7.2 billion in one-time, emergency funding to help schools and libraries in low-income communities close the Homework Gap affecting millions of students.

To distribute these Emergency Connectivity Funds, the law requires the FCC to issue regulations by May 10. In a somewhat unusual move, Acting Commissioner Jessica Rosenworcel released a preview of the proposed regulations to the public—setting off a flurry of last-minute jockeying as stakeholders try to influence the final order.

The agency’s proposal would permit funds to be used retroactively to first reimburse districts for purchases made between July 1, 2020 and April 30, 2021, with a second window (if there’s remaining funding) to reimburse future purchases. Qualified purchases would include laptops, tablets, Wi-Fi hotspots, modems, and routers, but not smart phones or desktop computers. The draft order also proposes a maximum reimbursement of $400 for laptops and tablets and $250 for Wi-Fi hotspots. Although it didn’t propose a cap on reimbursements for broadband service plans, the FCC expects those will be made under bulk purchasing agreements, with costs of $10 to $25 per month.

With the FCC currently standing at four commissioners, Rosenworcel needs bipartisan support to enact the rule.

Update May 11, 2021: The FCC unanimously voted in favor of issuing the final order on May 10. Additional information is available here.

https://twitter.com/JRosenworcel/status/1391863624755462148

Secretary Cardona’s Budget Testimony

Shifting gears, Secretary of Education Miguel Cardona testified before the House Appropriations Subcommittee on President Biden’s FY 2022 budget request for the Department of Education, which would increase the agency’s budget by 41% to nearly $103 billion.

Republicans balked at the proposed increase, with Ranking Member Tom Cole (R-OK) calling it “unnecessary, irresponsible and unacceptable.” Cole did, however, signal he was open to some of the administration’s ideas, such as an increase in special education funding.

Secretary Cardona argued the proposed investments are needed to meet the unprecedented challenges caused by the pandemic and to reopen schools, as well as to address the significant, systemic inequities in our education system. While progress has been made returning students to in-person instruction, Secretary Cardona made some of his strongest statements to date about the urgency of getting students back in the classroom:

The best equity lever we have is in-person learning now. Not the fall, now. And we need to do everything to get our students in. Every day that they’re not in the classroom is a day wasted to have social-emotional engagement, to have that access to a teacher, a caring school environment…. we know students are suffering due to the trauma that they’ve experienced. They need to be in the classroom.”

Despite the hearing’s stated focus on the budget, members frequently raised other issues. For example, several Republicans accused the Department of using grant funds to push districts to adapt their civics education to incorporate the 1619 Project. In response, Secretary Cardona assured members that curricular decisions are made locally and in collaboration with the community, and reiterated that the Department does not—and cannot—mandate curriculum.

With the President’s request as a guide, Congress will continue the appropriations process in the coming weeks. To pass a budget, however, the bill needs bipartisan support. If Democrats and Republicans cannot find common ground, it’s likely Congress will pass a continuing resolution, leaving the Department to work with last year’s budget.

New Leaders at the Department of Education

Finally, President Biden announced a handful of appointments to leadership roles at the Department of Education, including James Kvaal as Under Secretary, Roberto Rodriquez for Assistant Secretary of Planning, Evaluation, and Policy Development, Richard Cordray as Chief Operating Officer of Federal Student Aid, and former Florida Congresswoman Gwen Graham as Assistant Secretary for Legislation and Congressional Affairs. Kvaal and Rodriguez both served as advisors in the Obama White House, and Cordray was the first director of the Consumer Financial Protection Bureau. Rodriguez has also been an All4Ed board member since 2018.

Kvaal and Cindy Marten, the nominee for Deputy Secretary, are awaiting confirmation votes by the full Senate, while Rodriguez and Graham still need to appear before the education committee. Several other key roles remain unfilled, including the Assistant Secretary for Elementary and Secondary Education.

Update May 11, 2021: Cindy Marten was confirmed as Deputy Secretary by the Senate on a 54-44 vote.

https://twitter.com/AndrewUjifusa/status/1392205848399777804

This blog post represents a slightly edited transcript of the May 10 episode of Federal Flash, the Alliance for Excellent Education’s (All4Ed’s) video series on important developments in education policy in Washington, DC. The podcast and video versions are embedded below. For an alert when the next episode of Federal Flash is available, email [email protected].

Anne Hyslop is director of policy development and Ziyu Zhou is a policy analyst at All4Ed.

All4Ed Website: https://all4ed.org

Twitter: @All4Ed

Instagram: @All4Ed

Facebook: https://www.facebook.com/all4ed

Marking his first 100 days in office, President Biden unveiled the American Families Plan, which would extend free public education by four years through universal pre-K and free community college. It also invests in college access and affordability, training and diversifying the educator workforce, and school nutrition programs. Plus, all the details on the new application and guidance from the U.S. Department of Education to support states in spending funds under the American Rescue Plan equitably, including millions to support youth experiencing homelessness.

Four More Years of Free Public Education

Education is a cornerstone of President Biden’s proposed $1.8 trillion American Families Plan. When introducing the proposal, Biden argued that 12 years of public education—once a key driver of American progress and economic growth—is no longer sufficient to compete in the 21st century.

At All4Ed, we couldn’t agree more. In her reaction to the plan, our President and CEO Deb Delisle said:

The American Families Plan is a bold, sweeping investment in this country’s present and future. By expanding free public education by four years—two years of preschool and two years of college—the Biden administration is creating a clear path for all students to get the preparation needed to achieve their dream.

If enacted, the American Families Plan would provide four more years of free public education by investing in both early childhood education and higher education. Through state partnerships and an infusion of $200 billion, it would provide high-quality, universal pre-K for all three-and four-year olds. The plan also includes $109 billion to pay for two years of community college for all students, including DREAMers.

The American Family Plan makes other investments in higher education. For example, it adds $85 billion to the Pell Grant program to increase college affordability for low-income students. All4Ed was also encouraged to see that the plan includes a $62 billion grant program to invest in retention and completion activities at colleges and universities serving low-income students, including credit transfer agreements and evidence-based remediation programs. Additionally, the plan includes $46 billion for tuition assistance for students attending HBCUs and other minority serving institutions.

The American Families Plan also addresses K–12 education through $9 billion for teacher training, with a priority on diversifying the teaching workforce through stronger pipelines for educators of color, an All4Ed priority. Finally, the plan provides $45 billion to expand school nutrition programs, including increasing the number of schools that can provide free meals to all of their students and making the summer EBT program permanent, which helps low-income families with children eligible for free school meals purchase food over the summer.

The ambitious American Families Plan faces a long road to becoming law and will likely need to be reworked considerably to receive the votes necessary for passage in the House and Senate before it can reach President Biden’s desk.

New Guidance for ARP Implementation

Shifting gears, the Biden administration continues its work to help states and districts safely reopen schools and support students during the pandemic recovery. Last week, the U.S. Department of Education published the template states will use to access their remaining funds under the American Rescue Plan Elementary and Secondary School Emergency Relief (ARP ESSER) program.

In March states received two-thirds of the $122 billion in ARP funding to help reopen K–12 schools and tackle learning loss. To receive the final third, however, states must submit a detailed implementation plan by June 7.

In their plans, states will describe how they will implement evidence-based practices to meet students’ needs, including how they will use the specific set-asides in ARP for summer enrichment, comprehensive afterschool programs, and interventions to address learning loss. States’ plans must be publicly available; include data on schools’ current operating status and mode of instruction; and describe how the state will support districts in developing plans for spending ARP funds locally. Finally, states and school districts must engage meaningfully with a wide range of stakeholders to ensure that student and community voices are reflected in their plans.

All4Ed applauds the Department’s decision to require states to develop and submit comprehensive plans for approval, as the application will help ensure that the American Rescue Plan meets student and community needs and that funds are spent both effectively and equitably to support students who have been most affected by the pandemic.

As we discussed on a previous Federal Flash, the full $122 billion states and districts will receive once their plans are approved is intended to supplement state and local education spending. To that end, ARP includes a maintenance of effort provision to ensure that states do not replace their own funding with the new federal dollars. Specifically, for the next two years state education budgets need to take up the same share of overall state spending as they did on average over the past three years. However, the Secretary can waive the state maintenance of effort requirement. To help states make sense of the law’s fiscal provisions, the agency updated guidance on ARP’s maintenance of effort provision, compared to similar provisions in past COVID-19 relief bills, and the waiver process. The new guidance, as well as the plan template, can found on the Office of Elementary and Secondary Education’s website.

That’s not all that the Department did last week to implement the American Rescue Plan. All4Ed is also cheering the release of $200 million of the $800 million in ARP to help states identify and support students experiencing homelessness. COVID-19 has increased the number of students experiencing homelessness and exacerbated the challenges they face. By acting now, the Department is providing schools with critical resources quickly to help them reengage students and enroll them in summer learning opportunities. The remaining $600 million for homeless students included in ARP will be disbursed as early as June.

Odds and Ends

Despite the impact of COVID-19 and concerns that the data could be inaccurate or incomplete, the Department is continuing with the 2020–21 Civil Rights Data Collection, or CRDC. Last week the agency sent school districts instructions for completing this critically important data collection. For example, for questions in this year’s survey about discipline and safety incidents, the CRDC defines remote or virtual learning as “at school.” The CRDC will also ask districts whether they offered in-person, remote, or a combination of the two during the school year.

And finally, the U.S. Department of Agriculture decided to again waive select school nutrition regulations through June 2022. Due to this continued pandemic flexibility, schools may provide meals to students attending schools virtually, as well as serve meals throughout the summer. The federal meal reimbursement rate was also increased.

This blog post represents a slightly edited transcript of the April 30 episode of Federal Flash, the Alliance for Excellent Education’s (All4Ed’s) video series on important developments in education policy in Washington, DC. The podcast and video versions are embedded below. For an alert when the next episode of Federal Flash is available, email [email protected].

Anne Hyslop is director of policy development and Ziyu Zhou is a policy analyst at All4Ed.c

All4Ed Website: https://all4ed.org

Twitter: @All4Ed

Instagram: @All4Ed

Facebook: https://www.facebook.com/all4ed

President Biden released a preview of his proposed federal budget for the 2022 fiscal year, which includes $20 billion in new funding for Title I, $2.6 billion to support students with disabilities, and another $1 billion in new funding for students’ social and emotional wellbeing. It also increases Pell Grants and expands Pell eligibility to DACA recipients. Meanwhile, the U.S. Department of Education made another round of waiver decisions related to state assessments, published guidance for educators and administrators in its second COVID-19 handbook, and opened a review of Title IX regulations finalized by the Trump administration.

President Biden’s FY2022 Budget Request

Last week, President Biden released his proposal for discretionary spending in fiscal year 2022. As is typical in a transition year, this “skinny budget” gives Congress a high-level summary of the White House’s priorities and proposed funding levels in advance of the appropriations process.

The request includes nearly $103 billion for the U.S. Department of Education. If enacted, this would increase the Department’s budget by 41 percent, the largest proposed for any agency. All4Ed is particularly excited to see $20 billion in additional funding for Title I—which would more than double the size of the program. There is also new funding for school counseling, wrap-around services and Full Service Community Schools, and students with disabilities, as well as a 10% increase for the Office for Civil Rights. We’re also pleased to see that Pell Grants would be increased by $400 and that DACA recipients could receive them.

This budget demonstrates President Biden’s strong commitment to improving public education. As All4Ed’s President and CEO Deborah Delisle put it: “This budget proposal from the Biden Administration puts students first and make the largest investment in the U.S. Department of Education since its inception…. Our budgets show what we value and this budget is very clear that students and families are a priority.”

With this blueprint, Congress will now work to draft spending bills to send to President Biden’s desk. Typically, the majority of a President’s budget request never becomes law. However, with Democrats also in control of Congress, final appropriations may more closely resemble the President’s request than in previous years.

Assessment Waiver Decisions

Shifting gears, the U.S. Department of Education announced another round of decisions regarding states’ requests to waive federal assessment requirements due to the pandemic. As we’ve covered on several recent Federal Flash episodes, All4Ed, along with 40 other organizations, urged the Department to continue to require states to administer statewide tests this year. In guidance from late February, the administration provided some flexibility, but maintained the underlying testing requirement. Nevertheless, some states submitted waiver requests that went beyond that guidance.

First, the Department informed New Jersey that it does not need a waiver since it plans to administer a shorter statewide test in the fall, one of the flexibilities in the February guidance. Other states, like Maryland and Pennsylvania, made similar plans without asking for a waiver.

Second, the Department denied waiver requests from New York, Montana, and Michigan to forgo administration of state tests. Denying these blanket requests aligns with earlier decisions for Georgia and South Carolina. However, the Department made what some advocates are calling a contradictory decision by approving Washington, D.C.’s plan to cancel its statewide assessments. In giving the okay, the Department cited the District’s unique circumstances, such as the nearly 90 percent of students who were still attending school remotely in late March.

Oregon’s revised request was also approved, based on feedback from the Department to ensure its plan included statewide assessments and would produce comparable data. In its new plan, Oregon—like Colorado—will administer the state math, reading, and science assessments in alternating years for grades 3–8. Parents can opt-in to have their children assessed in all subjects.

Finally, the story in California is somewhat complicated. The Department informed the state that it doesn’t need a waiver, because it understood California’s plan is to administer statewide tests except in districts where the state determines test administration isn’t viable. However, the California Department of Education doesn’t appear to be set on making determinations or officially approving when assessments are viable in a district. Instead, it plans to issue criteria for districts about viability and leave the official decision on which test to use up to them. We’ll keep you posted.

New COVID-19 Guidance

Sticking with the Department, last week it released the second volume of its COVID-19 handbook. The first volume focused on helping schools implement CDC recommended health and safety measures. This volume covers strategies to open schools safely and address inequities created and exacerbated by the pandemic. This includes evidence-based approaches to addressing students’ social and emotional wellbeing and academic needs, like early warning systems to target engagement and recovery strategies, as well as ensuring that interrupted instruction due to COVID-19 does not narrow students’ opportunities. The Handbook also highlights policies and practices to help students transition from high school to postsecondary education despite the pandemic’s disruptions, including college advising, summer bridge programs, and counseling on FAFSA completion and financial aid.

Title IX Review

Finally, the Department’s Office for Civil Rights (OCR) began a comprehensive review of Title IX regulations to ensure schools are free from discrimination on the basis of sex, sexual orientation, and gender identity. This comes after President Biden’s executive order in early March requesting the review of the May 2020 rule issued by former Secretary DeVos which raised the evidence threshold in sexual harassment and assault cases on college campuses.

As a part of the review, OCR will gather public input on the issue to help them determine what, if any, additional changes to Title IX may be necessary to fulfill the executive order. To gather this feedback, OCR will hold a public hearing to receive oral comments and written submissions. More info about the hearing will be published in the coming weeks on OCR’s website.

This blog post represents a slightly edited transcript of the April 15 episode of Federal Flash, the Alliance for Excellent Education’s (All4Ed’s) video series on important developments in education policy in Washington, DC. The podcast and video versions are embedded below. For an alert when the next episode of Federal Flash is available, email [email protected].

Anne Hyslop is assistant director for policy development and government relations and Ziyu Zhou is a policy analyst at All4Ed.

All4Ed Website: https://all4ed.org

Twitter: @All4Ed

Instagram: @All4Ed

Facebook: https://www.facebook.com/all4ed

President Biden released his American Jobs Plan, which includes investments in school construction and modernization, childcare facilities, community colleges, and broadband infrastructure. Meanwhile, the U.S. Department of Education issued a first batch of waiver decisions to states related to statewide testing requirements, and the House of Representatives held a hearing on charting a path toward equity in education following the COVID-19 pandemic. Finally, graduation rates reach an all-time high nationally, with the greatest gains among students with disabilities. But will the pandemic wipe out states’ progress?

American Jobs Plan

Last week, President Biden unveiled the American Jobs Plan, a sweeping $2 trillion infrastructure and jobs proposal. Most of the plan focuses on funding for conventional infrastructure projects like improving roads and bridges, including $45 billion to replace all remaining lead pipes and service lines. This will reduce lead exposure in homes, as well as in 400,000 schools and childcare facilities. But the plan goes beyond upgrades to physical infrastructure. It also includes investments, for example, to combat climate change, support the care economy, and provide job training.

Education advocates and lawmakers are cheering significant new funding to support education in the American Jobs Plan. Most notably, President Biden is proposing $100 billion for school construction and modernization. The funding would be split 50–50 between grants and by leveraging bonds, and projects to upgrade health and safety would be prioritized. The plan also provides $12 billion to improve community colleges and $40 billion to upgrade research facilities, with half of that funding reserved for Historically Black Colleges and Universities and other Minority Serving Institutions. Finally, the White House is proposing $25 billion to improve childcare facilities and increase access to high-quality care, especially for infants and toddlers.

Among the education-related proposals in the American Jobs Plan, All4Ed is particularly pleased to see $100 billion to expand high-speed broadband access. If passed, this historic investment would build on the $7.2 billion in emergency funding for the E-Rate program in the American Rescue Plan Act. Altogether, these long overdue investments in internet infrastructure and access will help close the Homework Gap affecting millions of students—and reach universal internet coverage nationwide.

Keep in mind, the American Jobs Plan is, for now, just a plan. It’s up to the House of Representatives to write legislation to pass these proposals—including President Biden’s proposed changes to the corporate tax rate to pay for it. While many Democratic lawmakers have welcomed the American Jobs Plan, the response from Republicans has been tepid at best, making it likely that Democrats will once again use the reconciliation process to pass all, or parts, of the plan with a simple majority.

State Assessment Waivers

The U.S. Department of Education made several decisions regarding states’ requests to waive federal assessment requirements under the Every Student Succeeds Act (ESSA) during the pandemic. As a reminder, All4Ed, along with 40 other organizations, has advocated to maintain the requirement for states to give statewide assessments, while recognizing that some flexibility would be needed this year. The Department outlined such an approach in guidance to states in late February, but states have since come forward with plans that go beyond those flexibilities—and have requested waivers as a result.

First, the Department rejected waiver requests from Georgia and South Carolina to cancel statewide tests this year and permit districts to use diagnostic tests or other local assessments instead. Denying these requests is consistent with the agency’s earlier guidance, which indicated the Department was not inviting blanket waivers of ESSA’s assessment requirements.

Second, instead of approving or denying their requests, the Department provided feedback to Oregon and Wisconsin. Oregon, which also proposed to use local assessments instead of statewide tests, was asked to reconsider its request so that its assessment plan included statewide, comparable data. The Department also requested more detail about a survey Oregon will use to assess students’ needs. Wisconsin, which is planning to administer its state test, requested a waiver because it was concerned about reduced participation. The Department informed the state that it does not need a waiver right now, as leaders are making every effort to assess students consistent with federal requirements. The Department may, however, consider a retroactive waiver if the state’s participation rates are extremely low.

Finally, the Department approved Colorado’s request to administer math and reading tests in alternating grades, instead of giving both subjects in grades 3–8, and to give its science test only in grade 8. This means elementary and middle school students will be tested in either math or reading, depending on their grade, unless their family requests for them to take both subjects. High school students will be tested in all three subjects using the SAT. Notably, Colorado’s plan goes beyond the flexibilities outlined in the Department’s prior guidance to states, so additional states may come forward with copycat requests to reduce testing in a similar manner.

Aside from the assessment waivers, the Department also approved several states’ requests for waivers from ESSA’s accountability requirements.

Other News

Over on Capitol Hill, the U.S. House Subcommittee on Early Childhood, Elementary, and Secondary Education held a hearing on advancing educational equity, building on lessons learned during COVID-19. Testimony from each of the witnesses, including Marc Morial, President and CEO of the National Urban League, Alberto Carvalho, Superintendent of Miami-Dade County Public Schools, Selene Almazan, Legal Director for the Council of Parent Attorney and Advocates, Inc, and Jennifer Dale, a parent from Lake Oswego, Oregon, can be found on the Committee’s website.

Finally, the National Center for Education Statistics released new data on national and state high school graduation rates. The four-year adjusted cohort graduation rate reached 85.8% in the 2018–19 school year, an increase of 0.5 percentage points and an all-time high. Graduation rates also increased across all racial and ethnic groups, English learners, and low-income students, with students with disabilities seeing the largest gains: 1.1 percentage points. This graduating class, however, was the last cohort before the COVID-19 pandemic disrupted education for millions of students, it is yet to be seen whether the pandemic slows the progress states have made in increasing graduation rates.

This blog post represents a slightly edited transcript of the April 7 episode of Federal Flash, the Alliance for Excellent Education’s (All4Ed’s) video series on important developments in education policy in Washington, DC. The podcast and video versions are embedded below. For an alert when the next episode of Federal Flash is available, email [email protected].

Anne Hyslop is assistant director for policy development and government relations and Ziyu Zhou is a policy analyst at All4Ed.

All4Ed Website: https://all4ed.org

Twitter: @All4Ed

Instagram: @All4Ed

Facebook: https://www.facebook.com/all4ed

The U.S. Department of Education (ED) convened the National Safe School Reopening Summit to share strategies and guidance to help schools return to in-person instruction quickly and safely. Also, President Biden announced $81 billion in education relief funds is already on its way to states as new, national survey data shows that millions of students only attend school remotely and receive little live instruction. Plus, the public comment period on new E-rate funding is open, and the Senate held its confirmation hearing for Cindy Marten to be the deputy secretary of education.

ED’s School Reopening Summit was a packed, three-hour event that included remarks from First Lady Dr. Jill Biden, Secretary of Education Miguel Cardona, and Centers for Disease Control and Prevention (CDC) Director Rochelle Walensky. Across three panels, health experts, educators, school leaders, and students shared strategies, best practices, and guidance to help schools as they move to reopen for in-person instruction. For example, as one of California’s first districts to reopen for in-person learning, Cajon Valley School District, whose superintendent serves on our Future Ready Schools® Advisory Board, was featured. In particular, the district’s reopening plan and work to support students’ social-emotional well-being were highlighted at the summit.

In addition to the panel discussions on reopening strategies, school safety, and supporting students’ needs, President Biden announced the immediate dispersal of $81 billion in education relief funds to states to help schools reopen. The funds also will support the creation of a new summer learning and enrichment collaborative between ED, the Council of Chief State School Officers, and the National Governor’s Association. The collaborative will support states in using funds provided by the American Rescue Plan to develop and implement summer learning and enrichment programs to address learning loss caused by the COVID-19 pandemic. Finally, it was announced that Secretary Cardona will go on a national tour visiting reopened schools.

The event closed with remarks from President Biden, urging schools to use these resources to do what is necessary to reopen.

The latest emergency relief comes at a critical time. Just before the summit, ED released new, national survey data on student learning during the pandemic. According to the survey, school remained remote for nearly half of elementary and middle school students as of early February. Worse still, the survey finds that 5 percent of fourth graders and 10 percent of eighth graders received no live instruction at all. Additionally, there were large racial disparities among fully remote students: 69 percent of Asian, 58 percent of Black, and 57 percent of Latino fourth-grade students were fully remote compared with only 27 percent of White students.

As a part of the national push to fully reopen schools and provide in-person learning to all students, the CDC revised its safety guidelines for K–12 schools. The CDC now recommends a minimum of three feet of separation between students in addition to universal masking. The previous recommendation of six feet of separation remains in effect for middle and high schools in communities with high COVID-19 transmission rates, unless schools employ a cohort model in which students are taught in the same small group throughout the day.

Many welcome this change and hope that these updated guidelines, coupled with additional resources through the American Rescue Plan, will significantly increase in-school instruction. However, the presidents of both national teachers’ unions raised concerns that underresourced communities may still struggle to implement strategies to limit COVID-19 transmission. In a letter, Randi Weingarten, president of the American Federation of Teachers, urged Secretary Cardona and CDC Director Walensky to combine these more relaxed guidelines with strengthened COVID-19 testing, universal masking, improved ventilation, and other strategies.

In other federal efforts to ensure all students continue to have access to education during the pandemic, the Federal Communications Commission (FCC) recently opened a public comment period for allocating the $7.2 billion in emergency funding for E-rate in the American Rescue Plan—a longstanding All4Ed priority we covered in the last Federal Flash. These funds will be used to close the homework gap affecting 17 million students by increasing access to the E-rate program and providing millions of students with high-speed home internet and devices necessary for remote learning. The FCC is seeking comments by April 5 at http://www.fcc.gov/ecfs.

Finally, the Senate held a confirmation hearing this week for President Biden’s pick for deputy secretary of education, Cindy Marten, who currently serves as the superintendent for San Diego (California) Unified School District. Despite some tough questions from senators on the committee, Marten appears to have emerged from the hearing likely to win bipartisan support for confirmation. We’ll keep you posted.

This blog post represents a slightly edited transcript of the March 26 episode of Federal Flash, the Alliance for Excellent Education’s (All4Ed’s) video series on important developments in education policy in Washington, DC. The podcast and video versions are embedded below. For an alert when the next episode of Federal Flash is available, email [email protected].

Anne Hyslop is assistant director for policy development and government relations and Ziyu Zhou is a policy analyst at All4Ed.

All4Ed Website: https://all4ed.org

Twitter: @All4Ed

Instagram: @All4Ed

Facebook: https://www.facebook.com/all4ed

The $1.9 trillion American Rescue Plan Act is headed to President Biden’s desk, including much-needed investments in K–12 education and a groundbreaking change to the federal child tax credit. Plus, President Biden issued a new executive order guarding against discrimination on the basis of sex, gender identity, or sexual orientation, and the U.S. Department of Agriculture takes steps to provide free school meals for all students through the end of summer.

As the Alliance for Excellent Education’s (All4Ed’s) President and CEO Deborah Delisle put it, “Washington is finally stepping up in support of our children. The Rescue Plan Act is the most important piece of legislation for education since the COVID-19 pandemic shuttered schools twelve months ago and offers the relief that schools need to begin helping all students, particularly the most vulnerable, recover from this crisis.”

To do that, the act invests more than $123 billion in K–12 students, and an additional $3 billion specifically for students with disabilities. Like past COVID relief, funds will be allocated to states and districts based on their relative share of Title I funding. But, unlike past COVID aid, states and districts are required to set aside funds for specific activities.

States must reserve 5 percent of funds to address learning loss, 1 percent for summer enrichment programs, and 1 percent for comprehensive afterschool programs. We’re especially pleased to see an $800 million set-aside to support homeless youth, thanks to a bipartisan amendment to the final bill. Only 18 percent of school district homeless liaisons reported that funds from the Coronavirus Aid, Relief, and Economic Security (CARES) Act were used to support homeless children. Dedicated funding from the American Rescue Plan will help states better identify students experiencing homelessness and provide them with critical services.

Most of the K–12 funding a state receives from the American Rescue Plan will go to school districts. But unlike past federal relief, at least 20 percent of district funds must address students’ learning loss. These interventions must be evidence-based and designed to address students’ academic, social, and emotional needs. As a condition of receiving funds, school districts will have thirty days to publish their plans to return safely to in-person instruction.

Another welcome addition is maintenance of equity. This critical fiscal protection, which All4Ed supported, guards against the kind of disproportionate cuts to state education budgets we saw during the Great Recession that more than tripled funding gaps between low- and high-poverty districts. Maintenance of equity will prohibit states from making greater per-pupil funding cuts to high-poverty school districts than to other school districts.

Finally, the act includes a priority we’ve long pushed: $7.2 billion in new funding for E-rate to help close the homework gap affecting 17 million children. This one-time, emergency funding will increase the reach of the E-rate program and provide millions of students with high-speed home internet access and devices to support remote learning.

The American Rescue Plan Act didn’t garner support from any Republican members of Congress—despite the fact that the new law is estimated to cut childhood poverty in half. The act does so, in large part, by making child tax credit benefits more generous and fully refundable. This year, a family can receive $3,600 for each child under age six, and $3,000 for each child ages six to seventeen. The vast majority of American children and families qualify, although benefits phase out gradually for individuals earning more than $75,000 annually and for couples jointly earning more than $150,000 a year. Families could start seeing these payments as soon as the summer, rather than having to wait until they file taxes.

Speaking of summer, the U.S. Department of Agriculture has extended key pandemic-related flexibilities for schools through September. As we’ve covered before, these waivers enable schools to provide free meals to all students, regardless of income, during the pandemic. Meals also can be provided outside of typical times and locations, and families can pick up meals for multiple days on behalf of their students. Given the troubling rise in childhood hunger during the pandemic, extending these waivers is a no-brainer to ensure students’ basic needs are met.

The U.S. Department of Education (ED) also has been busy. Earlier this week, President Biden issued an executive order to ensure safe learning environments free from discrimination on the basis of sex, sexual orientation, and gender identity. Under the order, Education Secretary Miguel Cardona will review the May 2020 Title IX rule released by then Secretary DeVos, which raised the evidentiary threshold in sexual harassment and assault cases in schools and institutions of higher education. That rule was widely criticized by advocates for sexual assault survivors. As a result of the order, it seems likely that ED will either revise the rule or issue a new one to ensure students are protected against sex-based discrimination.

Finally, as we discussed on our last Federal Flash, ED again is permitting states to waive all federal accountability requirements this year. In addition to guidance published in February, ED just released the waiver application template. However, the template does not address changes states may be planning for their statewide assessment systems. We’ve joined with more than forty other organizations in urging ED to maintain the assessment requirements found in the Every Student Succeeds Act and not allow states to replace statewide tests with local assessments, or to assess only a subset of students.

This blog post represents a slightly edited transcript of the March 11 episode of Federal Flash, All4Ed’s video series on important developments in education policy in Washington, DC. The podcast and video versions are embedded below. For an alert when the next episode of Federal Flash is available, email [email protected].

Anne Hyslop is assistant director for policy development and government relations at All4Ed.

All4Ed Website: https://all4ed.org

Twitter: @All4Ed

Instagram: @All4Ed

Facebook: https://www.facebook.com/all4ed

The U.S. Department of Education (ED) waives accountability requirements, but questions remain on whether state assessments will go forward as planned this year. Plus, the Federal Communications Commission (FCC) launches the biggest federal program ever to close the digital divide, the House advances President Biden’s plan for COVID-19 relief, and Dr. Miguel Cardona is officially the new Secretary of Education.

Accountability Waivers and State Tests

Last week, ED sent new guidance to chief state school officers on assessments, reporting, and accountability for the 2020–2021 school year. First, ED said it will waive all federal accountability requirements under the Every Student Succeeds Act (ESSA) for one year—going further than guidance issued by the Trump administration. This means states will not have to issue school ratings or identify schools for comprehensive or targeted support this summer and fall.

As a condition of receiving a waiver, states still will be required to publish school report cards, including data from the 2020–21 school year on chronic absenteeism, high school graduation rates, student achievement, test participation rates, and more. States also will be required to continue supporting schools that were identified for comprehensive or targeted support before the pandemic.

These waivers should sound familiar to viewers. That’s because it is the second consecutive year states can suspend their accountability systems due to the pandemic. However, we know that even before COVID-19, states were not always using ESSA’s accountability provisions to promote equity for historically underserved students. Our reporting, for example, finds that many of the lowest-performing schools were overlooked for support. Pausing accountability for another year further delays when additional students can benefit from these resources.

States will receive a template to apply for accountability waivers, which ED has not yet released.

The guidance also addressed ESSA’s requirement for annual, statewide assessments. ED waived this requirement last year given unexpected, widespread school closures at the onset of the pandemic, and several states now are asking for another reprieve. ED’s letter highlights flexibilities states can use to modify their assessment systems this year, but stops short of inviting “blanket waivers” of ESSA’s testing requirements. These flexibilities include extending the test window or even postponing administration to the fall, giving tests remotely, and shortening the test. Notably the guidance says that students should not be brought back into school buildings “for the sole purpose of taking a test.”

It is unclear, however, whether states would need a waiver to pursue some of these flexibilities—like postponing tests to the fall—or whether other flexibilities, like using local assessments instead of state tests, would also be permitted. Moreover, several states still are pursuing “blanket waivers” to forego all summative assessments this year.

Given these unanswered questions and pending waiver requests, last week’s letter probably is not the final word from ED on assessments. That’s why we joined more than forty organizations in calling on ED to maintain this critical civil rights requirement and not permit waivers that would allow states to substitute local assessments in place of statewide tests or to assess only a subset of students. Stay tuned to Federal Flash for further action and guidance, including the forthcoming waiver template.

FCC Outlines Rules for Home Internet Program

In other agency news, the FCC established rules for a $3.2 billion Emergency Broadband Benefit Program—the largest federal program ever to help low-income households access affordable internet. The program, which was funded in last December’s coronavirus relief package, will provide $50 monthly discounts on broadband service for eligible households, plus a one-time $100 discount on a computer or tablet purchase. Households living on tribal lands will be eligible for $75 monthly discounts on their internet bills.

The program is expected to be up and running in sixty days and will be open to several groups, including households with children who receive free or reduced-price lunch and Pell grants. As the FCC’s Acting Chairperson Jessica Rosenworcel explained, the new program will make a meaningful difference in people’s lives, including “those lingering outside the library with a laptop just to get a wireless signal for remote learning.” More information on the program can be found on its website at https://www.fcc.gov/broadbandbenefit.

While the new program is a huge investment in closing the digital divide, even more could be done to ensure students have access to the broadband and devices they need to participate fully in school. We know that one in three students of color currently falls into the homework gap and lacks high-speed home internet. That’s why the Alliance for Excellent Education (All4Ed) and its Future Ready Schools® initiative are calling for further action. Specifically, we are urging Congress and President Biden to support $7.6 billion to close the homework gap for students, and the FCC to update the E-rate program so that existing funds can be used to support remote learning during the pandemic. You can join the campaign and sign the letter to support this critical funding at futureready.org/homeinternet.

COVID-19 Relief Advances in the House

Over on Capitol Hill, the House passed President Biden’s $1.9 trillion coronavirus relief package, the American Rescue Plan Act, over the weekend. The 219–212 vote broke down along party lines, with no Republicans voting for the bill and two Democrats joining the opposition. Democrats hope to get the bill passed and signed into law by March 14, when current expanded unemployment benefits are set to expire. As we covered in greater detail on a previous Federal Flash, the bill includes $130 billion for K–12 education and, unlike past relief packages, 20 percent of district funds would need to be spent on activities to address interrupted learning and the pandemic’s disproportionate impact on vulnerable groups of students.

Dr. Miguel Cardona Confirmed as Secretary of Education

Finally, a little good news. On a 64–33 vote, the Senate confirmed Dr. Miguel Cardona to be the next Secretary of Education. After sailing through a nomination hearing last month, Connecticut’s education commissioner received bipartisan support and a relatively drama-free confirmation process—in stark contrast to his predecessor. Secretary Cardona’s confirmation was received warmly by education and civil rights advocacy groups. In a statement, All4Ed CEO Deb Delisle said, “We look forward to working with Secretary Cardona to tackle long-standing inequities in education that have been exacerbated by the COVID-19 pandemic for our most vulnerable students.”

This blog post represents a slightly edited transcript of the March 2 episode of Federal Flash, All4Ed’s video series on important developments in education policy in Washington, DC. The podcast and video versions are embedded below. For an alert when the next episode of Federal Flash is available, email [email protected].

Anne Hyslop is assistant director for policy development and government relations at All4Ed and Ziyu Zhou is a policy analyst.

All4Ed Website: https://all4ed.org

Twitter: @All4Ed

Instagram: @All4Ed

Facebook: https://www.facebook.com/all4ed