All4Ed Flash

Dr. Miguel Cardona’s confirmation process and coronavirus aid move forward on Capitol Hill, and the administration releases new guidance on school reopening.

Last week, the Centers for Disease Control and Prevention (CDC) issued new guidance for reopening schools for in-person instruction during the pandemic. Notably, the guidance says states should give educators and other school employees priority access to COVID-19 vaccines, but that vaccinations should not be a precondition for reopening schools. Instead, the guidance doubles down on the importance of layered mitigation strategies, like masking and physical distancing stating, “K–12 schools should be the last settings to close after all other mitigation measures in the community have been employed, and the first to reopen when they can do so safely.” The U.S. Department of Education (ED) also released a handbook to provide tools for educators on implementing the new guidance.

While the CDC continues to emphasize universal masking and physical distancing of six feet whenever possible, the guidance features a new color-coded framework with suggested school-opening options, from in-person to hybrid to fully remote. These options are based primarily on the rate of viral spread in the community but also on adherence to mitigation strategies and whether screening tests for COVID-19 can be conducted. Based on the framework, in-person instruction should be offered when community spread is low or moderate. With regular COVID-19 testing and other safety strategies in place, schools could open for some in-person instruction even in areas where community spread is higher.

State leaders and school administrators have sought clearer federal guidelines for months in the face of a cacophony of opinions on whether—and how—it will be safe for students and educators to return to schools. Even though these decisions are made by local officials, the issue also has been a top priority for the administration, given President Biden’s goal for most schools to reopen during his first 100 days in office.

But the devil is in the details. The administration was quickly pressed to define what it meant by “most schools” and what counted as a “reopened” one. In unveiling the American Rescue Plan in January, the White House specified its focus to reopen a majority of K–8 schools during the first 100 days, with no set timeline for high schools. White House Press Secretary Jen Psaki also faced blowback over comments that “reopen” could mean offering in-person instruction as little as one day a week. She later clarified that the 100-day goal was a threshold, “we’re trying to leap over and exceed.”

The lack of national data on schooling during the pandemic has made it challenging to determine whether the president’s reopening goal is an ambitious one. Indeed, former Education Secretary Betsy DeVos claimed it was not the role of the agency to gather such data, but that will soon be changing. Earlier this month, ED announced it will collect monthly data on how many and how often students attend school in person, which students receive in-person instruction, and more. Given that the data will help track progress toward the president’s reopening goal, the nationally representative sample—for now—focuses only on schools serving grades four and eight. We’ll keep you posted.

Coronavirus Aid Advances in Congress

Over on Capitol Hill last week, the House Committee on Education and Labor and the House Committee on Energy and Commerce advanced legislation that would provide billions of dollars to support education during the pandemic. The House Education Committee’s legislation would provide $130 billion to help K–12 schools reopen safely. Unlike prior COVID-19 relief, at least 20 percent of funding would be targeted to address learning loss resulting from the pandemic through evidence-based interventions; extending learning time; and other activities that meet the academic, social, and emotional needs of students. Another new addition is that in order to receive the funding, states would have to comply with new maintenance of equity requirements that would prevent reductions in education funding at the state level from falling disproportionately on high-poverty school districts. All4Ed’s President and CEO Deborah Delisle praised the bill for providing “critical resources for the nation’s students and schools to help address this time of uncertainty and instability for many families.”

The House Energy and Commerce Committee also passed legislation supporting education. Specifically, the committee’s bill would provide $7.6 billion to address the homework gap through the E-rate program. This is critical as the Alliance for Excellent Education (All4Ed), the National Indian Education Association, National Urban League, and UnidosUs find that one in three Black, Latino, and American Indian/Alaska Native households lack high-speed home internet.

Unfortunately, direct support for students experiencing homelessness is noticeably absent from the aid package being developed on Capitol Hill. Funds from the Coronavirus Aid, Relief, and Economic Security (CARES) Act may be used to support these students, but in a survey of more than 1,400 school district homeless liaisons, only 18 percent indicated these dollars were actually being spent on homeless children. As a result, one in four homeless children are missing from school. Emergency aid legislation usually targets funding to the McKinney Vento Education for Homeless Children and Youth program. Unfortunately, neither President Biden’s American Rescue Plan nor the legislation making its way through Congress directs funding to these young people, at least not yet.

The full House still needs to vote on the relief bill, and the Senate will soon take up this legislation as well. Here at All4Ed, we urge Congress to pass COVID-19 relief and include targeted funding for the Education for Homeless Children and Youth program. More information is available here.

Senate Education Committee Advances Cardona’s Confirmation Process

In other news from Capitol Hill, Dr. Miguel Cardona came one step closer to becoming the U.S. Secretary of Education when the Senate education committee reported his nomination favorably to the full Senate last week. Dr. Cardona received bipartisan support, as the committee voted 17–5 to advance him to the floor. The “yes” votes included Senator Richard Burr (R-NC), the committee’s ranking Republican, who cited Cardona’s “background, qualifications, [and] temperament” in advancing his nomination. The committee members voting against Dr. Cardona included Senators Mike Braun (R-IN), Roger Marshall (R-KS), Rand Paul (R-KY), Tim Scott (R-SC), and Tommy Tuberville (R-AL).

This blog post represents a slightly edited transcript of the February 16 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].

Phillip Lovell is vice president for policy development and government relations at All4Ed.

All4Ed Website: https://all4ed.org

Twitter: @All4Ed

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Dr. Miguel Cardona sails through his confirmation hearing to be the next U.S. Secretary of Education, Congress begins the process to pass President Biden’s $1.9 trillion American Rescue Plan, and the House removes Representative Marjorie Taylor Greene (R-GA) from the education committee.

Highlights from Cardona Confirmation Hearing

The hearing for secretary of education nominee Dr. Miguel Cardona was a breath of fresh air for those who may never forget the confirmation hearing for former Secretary of Education Betsy DeVos. Dr. Cardona expressed himself as an experienced educator and a passionate advocate for public schools. There were clearly some differences of opinion between Dr. Cardona and some of the committee members, but the hearing was quite cordial and the Ranking Republican on the Committee, Senator Richard Burr (R-NC), indicated he would support Dr. Cardona’s nomination.

This was the first hearing of the Senate Committee on Health, Education, Labor, and Pensions under its new leadership. Chairperson Patty Murray’s (D-WA) opening statement described several of her priorities such as addressing learning loss and “the many challenges that existed long before COVID-19 struck but have become so much more severe through the pandemic.”

Senator Burr’s opening statement was a bit different. He began by saying, “My main priority for this committee is health care.” He went on to discuss issues such as private sector innovation and FDA user fees. It caught quite a few of us off guard since this was a confirmation hearing for the secretary of education.

During the hearing, Dr. Cardona was asked about the conditions under which schools should reopen. Specifically, Senator Burr asked whether 100 percent of staff and students need to be vaccinated before a school can reopen. Although Dr. Cardona did not answer the question directly, he pointed to examples of “schools throughout the country that were able to reopen safely and do so while following mitigation strategies.” He emphasized, however, that educators should be prioritized for vaccination and surveillance testing. Dr. Cardona also discussed the need for better communication to address the fear and distrust that has characterized reopening conversations.

Dr. Cardona also faced several questions regarding whether the U.S. Department of Education (ED) should waive federal testing and accountability requirements for the second year in a row. While he did not give a definitive yes or no, his responses emphasized that states should be consulted and will need flexibility, especially regarding how test data is used for school accountability. Dr. Cardona also spoke to the value of assessments for state and local leaders so they can target resources to their most vulnerable students.

At the Alliance for Excellent Education (All4Ed), we agree. That’s why we joined eighteen education and civil rights advocacy groups in a letter to urge Dr. Cardona to refrain from issuing waivers this year and instead call on states to administer their assessments. The letter also supports giving states time-limited flexibility, as needed, to modify their accountability systems. Without accurate, objective, and comparable data, state leaders will lack information about the disparate impact of any unfinished learning and unable to equitably allocate resources, personnel, and services that can accelerate students’ learning.

Another theme of the hearing was expanding access to college and career pathways, including career and technical education (CTE) and dual enrollment. Dr. Cardona repeatedly stressed his belief in the importance of these pathways, as well as the essential role of community colleges in making college more accessible and affordable. In response to a question from Senator Maggie Hassan (D-NH), Dr. Cardona spoke personally about the value of dual enrollment, saying that he will work to expand access for all students.

Dr. Cardona’s commitment to CTE also is rooted in his own experience. He attended a technical high school in Meriden, Connecticut, where he focused on automotive studies, before attending Central Connecticut State University to study education.

While the hearing featured little drama overall, several Republicans used their time to focus on the inclusion of transgender athletes on school sports teams that align with their gender identity. Despite the often heated and inflammatory questions, particularly from Senator Rand Paul (R-KY), Dr. Cardona was insistent that schools must provide opportunities for all students and respect students’ civil rights. He said, “I feel it’s nonnegotiable to make sure that our learning environments are places that are free of discrimination and harassment for all learners, including our LGBTQ students.”

A committee vote on Dr. Cardona’s nomination will take place Thursday, and we hope he will receive bipartisan support and a swift confirmation, based on statements made by Senator Burr and other Republicans during the hearing. We’ll keep you posted.

Budget Reconciliation Process Gets Underway

Last week also marked the official beginning of the special process called Budget Reconciliation that will be used by congressional Democrats to push through additional COVID-19 relief funding. Under normal circumstances, sixty votes are needed to pass legislation in the Senate because of the filibuster. However, Congress can pass a reconciliation bill with only a simple majority in the Senate. The reconciliation process isn’t used often, but it’s been used as the vehicle for major legislation, including tax cuts and portions of the Affordable Care Act.

Last week, the House and Senate both passed a budget resolution beginning the reconciliation process. The resolution sets the broad parameters for the federal budget and directs twenty-five committees to develop legislation to fund President Biden’s $1.9 trillion American Rescue Plan, which includes $130 billion for K–12 education. The legislation will be developed over the next two weeks. The goal is to pass the bill before expanded jobless benefits expire on March 14.

In a victory for common sense, last week the House voted to remove Representative Marjorie Taylor Greene (R-GA) from the House Committee on Education and Labor. In a statement, All4Ed CEO Deb Delisle said, “Rep. Greene’s disturbing harassment of at least one teenage school shooting survivor and her willingness to spread misinformation and dangerous conspiracy theories have shown that she cannot be entrusted to make policy decisions, particularly for schools, children, and their families.”

This blog post represents a slightly edited transcript of the February 8 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

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In today’s Federal Flash we cover the latest actions and proposals from the White House, appointments to the new administration, and legislation on learning loss and more on Capitol Hill.

Actions and Proposals from the Biden White House

President Biden and his administration have wasted no time in moving policy during their first few days in office. On day one, President Biden issued an executive order preserving Deferred Action for Childhood Arrivals (DACA). You may recall, this is one of the policies initiated under President Obama that President Trump tried to rescind. It allows some people who were brought to the United States as children to remain here without fear of deportation. 

The president also issued an executive order regarding school reopenings. Under the executive order, the Department of Education (ED) will issue guidance on how to reopen schools for in-person learning and report on the impact of COVID-19 on students of color and other historically underserved students. The president also called on the Federal Communications Commission (FCC) to increase access to home broadband.

Several other executive orders have been issued as well in support of a host of equity issues, including civil immigration enforcement, combating discrimination on the basis of gender identity or sexual orientation, condemning racism against Asian Americans and Pacific Islanders, strengthening nation-to-nation relationships with American Indian and Alaska Native tribal nations, and more.

American Rescue Plan

The White House also sent recommendations to Congress on COVID-19 relief. Regarding K–12 education, the president’s goal is to open the majority of K–8 schools within the first 100 days of his administration. The $1.9 billion American Rescue Plan proposes $130 billion to help schools reopen safely. These funds could be used flexibly just like funds already provided by Congress. The proposal emphasizes such activities as making sure every school has access to a nurse, providing summer school or other support to address learning loss, and other activities to address students’ academic, mental health, and social and emotional needs. The White House is also proposing a new COVID-19 Educational Equity Challenge Grant. 

Congress, of course, is in charge of the purse strings and will determine what gets funded. That process is now underway and we expect legislation from the House and Senate Budget Committees to be released next week.

White House Announces Additional Education Appointees

In more news from the administration, additional appointees who will set Biden’s education agenda have been named. At the White House, two familiar faces are taking on leadership roles. On the Domestic Policy Council, Catherine Lhamon will be deputy director for racial justice and equity, and Carmel Martin will be deputy director for economic mobility. Llamon and Martin both served as assistant secretaries at ED during the Obama administration—for civil rights and for policy development, respectively.

ED’s leadership team is also starting to assemble. Cindy Marten, superintendent of San Diego Unified School District, has been nominated to serve as deputy secretary, the number two job at the agency. Her appointment requires Senate confirmation, but other ED appointees so far do not, including the chief of staff; senior advisors; principal deputy general counsel; and deputy assistant secretaries for elementary and secondary education, civil rights, and communications and outreach.

Some of these appointees will be acting as assistant secretaries for now—an indication that the focus is getting Dr. Cardona and Dr. Marten through Senate confirmation first and staggering other nominees over the spring and summer. Now that Senate Democrats and Republicans have a path forward for a power-sharing agreement, Dr. Cardona’s confirmation hearing before the HELP Committee has been scheduled for Wednesday, February 3.

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U.S. Secretary of Education Betsy DeVos resigns in the wake of insurrection at the U.S. Capitol fueled by President Trump’s false claims of electoral fraud. On this week’s Federal Flash, we’ll look back at her controversial legacy and look ahead to how Democrats’ wins in the Georgia Senate races will affect education in the new Congress and new administration in 2021.

Secretary Devos’s Resignation

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U.S. Secretary of Education Betsy DeVos resigned in protest the day after a violent mob of President Trump’s supporters breached the U.S. Capitol, disrupting certification of the Electoral College and resulting in the death of five people and numerous injuries. In her resignation letter, she noted that “impressionable children are watching all of this, and they are learning from us. I believe we each have a moral obligation to exercise good judgment and model the behavior we hope they would emulate.”

At the Alliance for Excellent Education (All4Ed), it is too little, too late. Children have been watching President Trump for four years. As our CEO and President Deborah Delisle said in her response to last week’s insurrection, “The people who acted so repugnantly …, and those who support and encourage them, are destroying our country, and we must do everything in our power to make sure they do not win.”

Secretary DeVos had the power to stand against the president’s reckless, immoral behavior long ago, but chose not to act. Our reaction to her eleventh-hour change of heart? DeVos “stayed quiet while her administration locked children in cages and openly supported White supremacists and dangerous conspiracy theories. The time for her to stand up against President Trump was long ago, not two weeks before her gig was up.”

Instead, Secretary DeVos oversaw the dismantling of the agency she was tapped to lead, including its division tasked with protecting students’ civil rights and ending racial disparities in education. She left schools to fend for themselves against a global pandemic. She failed to exercise even basic oversight and guidance over implementation of federal laws, including the Every Student Succeeds Act, and advocated for diverting federal funding for public schools to private schools.

At All4Ed, we look forward to January 20, when we can begin to restore the U.S. Department of Education’s mission to help ensure every child has the opportunity to thrive and we will work alongside the new secretary to dismantle systems of oppression and tackle long-standing inequities that have been exacerbated by the pandemic.

Georgia Elects Democratic Senators

Speaking of the new education secretary, the election of Georgia Democrats Jon Ossoff and the Reverend Raphael Warnock leaves the U. S. Senate split 50-50, with Vice President-Elect Kamala Harris holding the tie vote. Notably, Warnock—the pastor at the historic Ebenezer Baptist Church once led by Dr. Martin Luther King Jr.—will become the first Black senator from the state of Georgia.

With Democrats controlling the White House and both chambers of Congress, Dr. Miguel Cardona likely faces a relatively swift and straightforward confirmation process for education secretary—enabling him to begin the work of rebuilding the agency, overseeing federal stimulus funds, and supporting students during the COVID-19 crisis as soon as possible. His confirmation will be shepherded by Senator Patty Murray (D-WA), who will take over as chairwoman of the education committee after serving as its ranking member since 2015. There will be other changes to the Health, Education, Labor, and Pensions committee as well, with the retirements of Lamar Alexander (R-TN) and Mike Enzi (R-WY) and with Doug Jones (D-AL) and Kelly Loeffler (R-GA) both losing their reelection bids.

What can we expect with Democrats in control? The first item of business will be the confirmation of Dr. Cardona and we don’t expect any major hiccups.

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In All4Ed's final Federal Flash of the year, we’ll provide a summary of the COVID-19 relief bill and the U.S. Department of Education’s funding for 2021. We’ll also discuss the likely nominee for the position of Secretary of Education. 

Congress's Long Awaited COVID-19 Relief Bill  

At long last, Congress finally passed a COVID-19 relief bill in both the House and the Senate and it will be signed into law by the president. As has been reported, the bill totals about $900 billion. It includes $600 direct payments to individuals and families and restores $300 per week in additional unemployment insurance. It also includes $82 billion in education funding, of which $54.3 billion will support K-12 education, $22.7 billion will support higher education, and $4 billion will go to governors.  

The CARES Act vs. the HEROES Act vs. the Skinny Bill

This bill looks a lot like the CARES Act that passed last spring. Funds will be allocated to states and districts based on Title I, just like the CARES Act. That said, there are a few important differences. First, this bill provides 4 times the amount of funding for education than the CARES Act. That’s a lot of money, but it’s a little disappointing because it’s less than both House Speaker Nancy Pelosi’s HEROES Act and the “skinny” bill proposed by Senate Majority Leader Mitch McConnell.  

Second, this bill carves out funds for private schools. Governors will give state departments of education $2.75 billion from their $4 billion to administer to private schools. This provision replaces the equitable services provision that you may recall was included in the original CARES Act. This is the provision that Secretary of Education Betsy DeVos tried to use to send more money to private schools, but ultimately got shot down in court. 

Third, this bill includes a few additional allowable uses of funds. To be clear, the bill maintains the CARES Act’s flexibility – any use of funds allowed under the Every Student Succeeds Act, Carl D. Perkins Career and Technical Assistance Act, and several other laws – is allowable under this bill. In addition, Congress added allowable uses for addressing learning loss and for school facility repairs to reduce the risk of virus transmission and support student health.  

Significant Omissions in the New COVID Relief Bill

No bill is perfect, and there are a few important items missing from this legislation. You may have read that the bill omits the Democratic priority of funding for state and local governments as well as the Republican priority of liability protections. Those were each poison pills for the other party, so they left them off the table. But other items were left off the table as well. 

First, the bill provides no funding to school districts to address the Homework Gap. Thankfully, the bill does create a new program out of the Federal Communications Commission that will provide low-income families with a discount on home internet access and a subsidy for one low-cost device per family. This program received $3.2 billion, which is only about one-fourth of what the Heroes Act proposed to address the Homework Gap.  

The bill also left out homeless children. Emergency spending bills, such as the 2009 American Recovery and Reinvestment Act, often target funding to students experiencing homelessness. It was especially important for this bill to provide funds for these students because evidence from SchoolHouse Connection suggests that 420,000 fewer children who are experiencing homelessness have been identified and enrolled in school so far this year, even though homelessness is on the rise due to the economic downturn.  

A summary of the bill is available here.  

Congress's Annual Appropriations Bills

At the same time as Congress passed the COVID-19 relief bill, they also passed the annual appropriations bills funding the federal government.  

The Department of Education received a modest 1.

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Congress is close to a deal that will fund the U.S. Department of Education (ED), keep the federal government open, and provide additional resources to address COVID-19. Plus, on the fifth anniversary of the Every Student Succeeds Act (ESSA) being signed into law, the Alliance for Excellent Education (All4Ed) released new data showing what happens to historically underserved students When Equity Is Optional for states.

Funding for ED and Other Federal Agencies

Funding for ED and other agencies has been on autopilot since October 1 because Congress has yet to pass a spending bill to fund any federal agency for the year. The federal government is operating under its second Continuing Resolution, which temporarily maintains funding at last year’s levels. This stopgap expires December 18. However, it’s likely to be extended for a few days to give Congress more time to finish two things before heading home for the new year:

They must pass the twelve annual spending bills, including the bill that funds ED.They want to pass a COVID-19 relief bill at the same time.

What should we expect in funding for ED? Not a lot of surprises. Most programs will get the same amount of funding that they received last year, or something very close to it. The largest increase could go to Title I, but any increase will likely be very modest—less than 1 percent. Last year, Title I received nearly $17 billion. This year, the House of Representatives proposed a $161 million increase, while the Senate proposed a $125 million increase. We’ll find out final numbers for Title I and other programs when the bill passes, likely this weekend or early next week.

What’s Next for COVID-19 Relief?

Part of what’s holding up the spending bill is that congressional leaders also are working to finish a deal on COVID-19 relief. As we’ve covered before on Federal Flash, negotiations have been underway since the Coronavirus Aid, Relief, and Economic Security (CARES) Act passed in the spring. Unfortunately, policy and funding disagreements, on top of election-year politics, have prevented any bill from becoming law.

Talks reignited this month after a bipartisan group of senators developed a COVID-19 relief package on their own. Their proposal won’t get a vote, but it helped kick-start the development of a bill that might pass.

The bill being negotiated now has a total price tag of about $900 billion. That’s far less than the $2.2 trillion Health and Emergency Recovery Omnibus Emergency Solutions (HEROES) Act passed by House Democrats in October, which was more than $1 trillion less than the original version of the bill from May. However, the revised HEROES Act proposed more funding for education, including $175 billion for school districts and $12 billion to expand high-speed home internet access. Senate Republican proposals have had a lower price tag and less funding for education, weighing in at $70 billion for K–12 schools.

The bipartisan Senate proposal provides less funding for K–12 education than any of these past efforts: $54 billion. Funds would be distributed to states and districts based on the Title I formula, just as they were under the CARES Act, but they would not be conditioned on schools reopening, as proposed by Republicans. Although the funding level is disappointing for those who have been calling for federal support for education over the past several months, it would be four times the amount of K–12 funding in the CARES Act. The bipartisan framework also includes $3 billion for home internet access through the E-rate program. This is far less than the $12 billion included in the HEROES Act, but an improvement over the CARES Act, which didn’t fund home internet access at all.

To be clear, these details reflect the Senate bipartisan agreement. A final bill is being negotiated by the House and Senate leadership. It’s likely to resemble the bipartisan framework but details could differ.

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Joe Biden and Kamala Harris will be the next president and vice president of the United States. Meanwhile, Republicans gained ground in the House of Representatives and are favored to hang onto their Senate majority, but it is unclear who will replace retiring Senator Lamar Alexander (R-TN) in leading the education committee. Today, we break down what the 2020 election results mean for students and schools, including new stimulus funding and priorities for the U.S. Department of Education (ED).

With the highest voter turnout in a century, Joe Biden and Kamala Harris decisively won the popular vote and secured at least 279 electoral college votes to become the forty-sixth president and the first female, Black, and Indian American vice president. Among other priorities, the Biden administration is expected to seek increases in education funding and place strong emphasis on protecting students’ civil rights, a welcomed change from the Trump era.

In a statement, Alliance for Excellent Education (All4Ed) president and CEO Deborah Delisle said, “For four years, educational equity and civil rights protections have been intentionally eroded, and we look forward to swift action from the new administration on policies that ensure that every student—no matter his or her race, religion, background, or ZIP code—can thrive.”

Though Democrats took back the White House, they will likely have at least two more years in the Senate minority, picking up only one seat. However, there’s an outside chance that, come January, the Senate will be split 50-50 pending the outcome of runoff elections for both Georgia Senate seats. In that case, Vice President-Elect Harris would be the decisive tiebreaker vote. Meanwhile, Democrats held onto the House, but their majority narrowed.

With President-Elect Biden facing a divided Congress, the immediate focus returns to if—and when—the two parties will come together to negotiate further COVID-19 relief. Following the election, Senate Majority Leader Mitch McConnell (R-KY) declared a stimulus bill will be a priority during the lame duck session. However, if past attempts are any indication, negotiations will not be easy, as many expect Republicans to push for cutting government spending during a Biden administration.

As we covered before, there is more than $1.5 trillion between the latest Senate proposal and House Democrats’ Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act. Moreover, the difference in education funding is stark: just $70 billion in the Senate plan compared to $175 billion in the HEROES Act. The Senate bill also would tie two-thirds of funding to schools reopening and has no funding for home internet connectivity, compared to $12 billion that Democrats provided.

If both sides cannot come together soon, it will be up to the new Congress. President-Elect Biden promoted the original HEROES Act, calling on Republicans and Trump to support it. In his school reopening plan, Biden also suggests that Congress pass a separate $30 billion emergency package to ensure schools can reopen safely and called for an additional $4 billion to upgrade technology and broadband. And unlike President Trump and Republican lawmakers, Biden would not condition funding on districts offering in-person classes. Instead, he has said his administration will issue national guidelines for reopening based on the level of viral spread in a community and would leave decisions of when to reopen schools up to state, local, and tribal officials.

A Biden presidency also will steer education policy in a different direction by pushing for more funding and focusing on initiatives that have gotten little attention from the Trump administration. While we can only speculate as to who will be Secretary of Education, Biden promised to nominate a former classroom teacher. We also can look to the campaign to see what some of the new secretary’s priorities will be. For example,

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New Civil Rights Data Collection (CRDC) findings were released, but the U.S. Department of Education (ED) isn't talking about what the data means for students of color. Plus, Senate Republicans fail to pass their “skinny” COVID-19 stimulus package as a more comprehensive deal eludes the White House and House Democrats. With prospects for an agreement prior to the election fading, will schools ever get the relief they need?

Last week, ED released findings from the long-delayed 2017–18 Civil Rights Data Collection, a biennial survey of the nation’s public elementary and secondary schools. ED’s analysis focuses on two areas: (1) reports of sexual violence and (2) the use of physical restraint and seclusion against students.

Specifically, elementary and secondary schools reported a more than 50 percent increase in reports of sexual violence during the 2017–18 school year compared to the 2015–16 school year. The agency’s Office for Civil Rights (OCR) said it is unclear what drove the increase in reported allegations. Additionally, the report highlights that students with disabilities—and specifically Black students with disabilities—were disproportionately subject to seclusion and restraint.

Unfortunately, that is one of the only findings that focuses specifically on the school experiences of students of color. While the CRDC includes many data points that can be used by advocates and researchers to uncover inequities in the nation’s schools, the Office for Civil Rights provided next to no explanation of what the data means for Black and Latino students, reinforcing a troubling trend from this administration.

In a statement, Alliance for Excellent Education (All4Ed) President and CEO Deb Delisle explained, “After taking far too long to release this information, the Trump administration did so without providing much-needed analysis to go along with millions of data points. This follows an insidious history of this administration’s denials of systemic racism, ranging from their rescission of OCR’s guidance on school discipline and school integration, to the recent executive order prohibiting federal agencies and contractors from engaging in trainings that promote diversity.”

As we covered before on Federal Flash, ED delayed the latest CRDC by a year, citing uncertainty and unreliability of data collection due to the coronavirus, and also is planning to cease collecting a number of critical equity data points, including questions related to school funding and experienced educators. We’ll keep you posted on these efforts.

COVID-19 Relief Remains Stalled

With time slipping away to strike a deal on a COVID-19 relief package before the election, Senate Republicans tried again to pass a “skinny” version of their stimulus bill, the Health, Economic Assistance, Liability Protection, and Schools (HEALS) Act. As a reminder, this proposal has a lower $500 billion price tag than the $2.2 trillion Health and Emergency Recovery Omnibus Emergency Solutions (HEROES) Act passed by House Democrats. The Senate plan also includes less relief for education: $70 billion for public and private schools, with two-thirds of that contingent on schools offering in-person classes. However, Democrats blocked the measure, and it failed to pass the Senate floor.

In the meantime, House Speaker Nancy Pelosi (D-CA) and U.S. Treasury Secretary Steven Mnuchin continue work on a more comprehensive bill, but major sticking points remain. As we covered onFederal Flash, President Trump abruptly sidelined negotiations with Democrats after they unveiled the new HEROES Act earlier this fall. But conversations restarted just a few days later after the President got an earful from Republican lawmakers who were wary of abandoning action to boost the economy in an election year.

Although Pelosi and Mnuchin have made progress on some fronts, such as provisions related to COVID -19 testing, many Senate Republicans remain opposed to a large $2 trilli...

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Last week, House Democrats brought a new version of the Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act to the table that dedicated more funding for education and home internet. But President Trump sidelined the negotiations, declaring that he will not agree to a full relief package until after the presidential election.

After a series of tweets, President Trump left the American public in a state of confusion about if, and when, to expect any further coronavirus relief. As we covered in our last Federal Flash, House Democrats attempted to jump-start negotiations with the White House by passing an updated HEORES Act. The new bill has a lower price tag overall but provides $125 billion more education funding than the original proposal.

As House Speaker Nancy Pelosi (D-CA) and Treasury Secretary Steven Mnuchin were continuing to negotiate behind the scenes, Trump tweeted that he would not agree to a new coronavirus relief package before the November election. In doing so, he ignored advice from Federal Reserve Chair Jerome Powell who warned about the consequences of abandoning action to boost the economy. Shortly after, stocks tanked and several lawmakers urged the president to consider how cutting off negotiations could affect Republicans’ reelection prospects.  

President Trump is now walking back from his hard line—raising the possibility of piecemeal relief bills, rather than the comprehensive approach that Pelosi and Mnuchin had been exploring. Taking to Twitter again, the president urged Congress to pass a bill with a new round of $1,200 stimulus checks and to approve additional aid for airlines and small businesses. However, Pelosi has expressed concern with the idea of passing individual COVID-19 bills and reiterated the importance of providing funds for state and local governments and for education.

Unfortunately, President Trump hasn’t highlighted aid to schools as part of any piecemeal solution, suggesting that additional funds for education will not be provided unless broad stimulus talks resume. Though the Coronavirus Aid, Relief, and Economic Security (CARES) Act provided more than $13 billion to K–12 schools this spring, education leaders have said much more is needed to properly and safely educate students during the pandemic. Trump signaled his willingness to negotiate with Congress if he wins the presidential election but did not say what he plans to do otherwise. As always, we will keep you posted.

This blog post represents a slightly edited transcript of the October 9 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 at All4Ed.     

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House Democrats bring a new Health and Emergency Recovery Omnibus Emergency Solutions (HEROES) Act to the table, with a lower overall price tag but more dedicated funding for education and home internet. Congress and the White House agree to a temporary stopgap to keep the government open through mid-December—including good news for advocates working to prevent child hunger during the pandemic.

HEROES Act Includes $225 Billion for Education

The debate over coronavirus aid continues. After two plans from Senate Republicans flopped, it seemed like negotiations between Congress and the White House would be at a standstill until after the election. Instead, in an eleventh-hour push for a deal, House Speaker Nancy Pelosi (D-CA) unveiled an updated version of the HEROES Act, the bill House Democrats passed in May. For months Senate Majority Leader Mitch McConnell (R-KY) has refused to bring the HEROES Act to the floor, citing objections to its $3.4 trillion price tag, including $1 trillion to shore up state and local government budgets.

The new, slimmed down HEROES Act would provide $2.2 trillion in overall relief and cut the fund for state and local governments in half. However, education fares better in the revised plan. Our viewers may recall that the original bill only provided about $100 billion for education—short of the $250 billion advocates had sought. The new HEROES Act gets much closer to that figure, targeting $225 billion to education including a $208 billion stabilization fund and $5 billion for emergency school infrastructure repairs and improvements, like ventilation systems.

Like the original HEROES Act, governors would receive stabilization funds based on two factors: (1) the state’s relative share of the population between the ages of five and twenty-four years and (2) their relative share of students from low-income families under Title I. Even more of the stabilization fund—85 percent or about $175 billion—would flow to school districts, based on the relative number of Title I students they serve. The rest of the stabilization fund goes to institutions of higher education and governors, with set-asides for outlying areas and for the Bureau of Indian Education and tribal colleges and universities.

Unlike the Republican relief proposals, no funding in the HEROES Act is contingent on schools reopening for in-person instruction. Another difference is that no funding can support tuition for students to attend private schools, outside of special education students who require private placement to receive services. Finally, the HEROES Act includes $12 billion for home internet connectivity. The Republican plans, in contrast, failed to include any funding to help close the homework gap that’s plaguing 16.9 million children.

The HEROES Act also goes further to ensure that state education funding is equitable and targeted to communities most in need. In addition to maintenance of effort requirements that states maintain funding for education, including per-pupil spending, at similar levels over the next three years, states also would need to show maintenance of equity. States could not receive HEROES funds if cuts in state funding disproportionately affect high-need districts serving the most students from low-income families.

Many advocates, including the Alliance for Excellent Education (All4Ed), praised the bill for providing a level of investment in students and schools that matches the scale of the coronavirus crisis. Unfortunately, prospects for this version of the HEROES Act are grim. U.S. Secretary of the Treasury Steve Mnuchin responded with an offer of $150 billion for education—more than previous Republican proposals, but still short of the new HEROES Act. But after negotiations with the White House stalled, the House passed the HEROES Act, and the Senate has no plans to consider the legislation. We’ll keep you posted on any new developments.

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