All4Ed Flash

Education Secretary Betsy DeVos is forced to abandon her policy to shuttle more funding to private schools with COVID-19 relief funds. The U.S. Senate can’t quite muster the votes for Majority Leader Mitch McConnell’s (R-KY) COVID-19 legislation. The U.S. House of Representatives passed the first federal legislation on school integration in more than thirty years.

Federal Judge Rules Against Secretary Devos

Ever since Secretary of Education DeVos took office, she has been focused on finding ways to fund private schools with federal dollars, with little success. That streak continued as a federal district court judge sided with the NAACP against the Secretary’s equitable services rule and found she had no authority to impose conditions on funding provided under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, legislation passed by Congress to respond to the coronavirus.

Our viewers may recall that Devos’s equitable services rule had been halted temporarily in several states after two judges issued preliminary injunctions. The latest ruling applies nationwide and, as a result, the U.S. Department of Education’s (ED’s) regulation is no longer in effect. The DeVos rule would have pushed school districts to spend a larger share of CARES Act funds on private schools than they do under Title I of the Every Student Succeeds Act (ESSA). School districts would have had two options for how to distribute CARES Act funds, but if they wanted to follow the same policy as under ESSA—instead of DeVos’s preferred method—they would have faced additional restrictions.  

COVID-19 Relief Bill Stalls in Senate

Schools are reopening but without any additional assistance from Washington, DC. Bipartisan negotiations between congressional leaders and the White House on the next COVID-19 relief package came to a halt in August and have yet to resume. Last week, Senate Majority Leader McConnell proposed a slimmed-down version of the $1 trillion Health, Economic Assistance, Liability Protection, and Schools (HEALS ) Act, the proposal advanced by Republican leaders back in July that failed to gain support from the White House or even McConnell’s own caucus.

McConnell’s new proposal, the Delivering Immediate Relief to America’s Families, Schools, and Small Business Act, costs about half as much as the original HEALS Act. By lowering the price tag to about $500 billion, McConnell was able to secure the support of his Republican colleagues. Democrats, on the other hand, balked at the proposal. While some called the bill “skinny,” Senate Minority Leader Chuck Schumer (D-NY) called it “emaciated.”

One thing Senate Republicans’ COVID-19 relief bill is not slim on, however, is support for private schools. The bill requires states to set aside funds for private school scholarships; creates a new tax credit for people or businesses that donate to these scholarship funds; and expands the uses of 529 plans for homeschooling and for a wide range of other uses related to public, private, or religious schools, including books, tutoring, and dual enrollment.

Overall, the legislation provides $70 billion for elementary and secondary education; however, after funds are set aside to fund the private school scholarships, two-thirds of the remaining funds are dependent on district plans to reopen schools for in-person instruction.

After the bill failed to garner the sixty votes needed to pass the Senate, chances for any COVID-19 relief legislation are in jeopardy with members of Congress anxious to leave town and campaign heading into the election. However, House Speaker Nancy Pelosi (D-CA) said she will keep the House in session until they pass a coronavirus relief bill. We’ll keep you posted.  

House Introduces Legislation Focused on Diversity

On a more positive note, the House of Representatives passed the Strength in Diversity Act introduced by Representative Martha Fudge (D-OH).

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In today’s Federal Flash, a flurry of activity across multiple federal agencies. First, we cover the U.S. Department of Agriculture’s (USDA’s) eleventh-hour reversal to extend waivers that have made it easier for school districts to serve free school meals, plus the Federal Emergency Management Agency’s (FEMA’s) new guidance that ends state reimbursement for cloth face masks and personal protective equipment (PPE) for schools. We also have all the details on Secretary Betsy DeVos’s letter to chief state school officers about spring 2021 assessments.

USDA Extends School Meal Waivers

In a last-minute decision, the USDA reversed its previous position and extended waivers that allow school districts to more easily serve free meals to students during the pandemic. Specifically, the waivers enable schools to operate their meal programs during the school year as they do over the summer and provide free meals without burdening families with paperwork to verify eligibility. The waivers, which were set to expire this month, have been extended through December 31.

As we discussed on our last Federal Flash, Agriculture Secretary Sonny Perdue intended to let the waivers expire, reasoning that the agency lacked authority to implement any extension. But pressure from school administrators, education and school nutrition advocates, and members of Congress—including Republicans—seems to have persuaded him to change course.

House Education Committee Chairman Bobby Scott (D-VA) applauded the USDA’s decision but called it a “temporary solution,” urging the USDA to extend the waivers for the entire 2020–2021 school year. Perdue, however, is contending that there isn’t sufficient funding to do so—which could make school nutrition a top priority as Congress returns to negotiations on another coronavirus relief package.

FEMA Ends State Reimbursement for PPE

Starting September 15, cash-strapped states must pay for the cost of cloth face coverings and other PPE for schools—expenses states previously were reimbursed for by FEMA. Under FEMA’s new guidance, cloth face masks and PPE in nonemergency settings will be classified as “increased operating costs” for public services and will not be covered by FEMA's Public Assistance Program. Governors and mayors, chief state school officers, district and school leaders, and teachers’ unions had all urged FEMA to continue reimbursement for PPE in schools.

Instead, the government is offering schools assistance for PPE through other agencies. A Department of Health and Human Services program, for example, will distribute up to 125 million cloth face masks to schools with an emphasis on high-need students and on schools providing in-person instruction. But it is unclear if these measures will fully meet schools’ needs or enable them to comply with CDC guidelines for reopening.

FEMA’s decision comes less than two weeks after Trump Administration guidance that deemed teachers and other school staff "critical infrastructure workers” as part of the president’s continued push for schools to resume in-person instruction this fall. Though that guidance is nonbinding, it has prompted some states and districts to enact policies to declare teachers essential workers, meaning that they’ll be expected to continue to go to work even if they’ve been exposed to COVID-19.

CARES Act Funding for Private Schools

For the second time in a month, a federal judge has ruled against Secretary DeVos’s rule on providing equitable services to private school students under the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The rule encourages districts to set aside CARES dollars for private school students not as they do under Title I but based on the total number of students in private schools, regardless of income. 

U.S. District Judge James Donato for the Northern District of California granted a preliminary injunction blocking the U.S. Department of Education (ED) from enforcing the ru...

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In today’s Federal Flash, we cover the U.S. Department of Agriculture’s (USDA’s) refusal to extend waivers that give schools flexibility on where and how to serve students meals during the pandemic and an injunction halting Secretary of Education Betsy DeVos’s rule on equitable services under the Coronavirus Aid, Relief, and Economic Security (CARES) Act. In addition, we breakdown both political parties’ education platforms—or lack thereof—heading into the 2020 election and the prospects for Senate Republicans’ latest “skinny” coronavirus relief bill.

USDA Won’t Extend School Meal Waivers

As more school districts plan to continue with online learning exclusively this fall, many students could lose access to free school meals. That’s because the USDA will let certain waivers expire that have enabled schools to serve meals more easily to students during school closures—such as flexibility to set up meal sites in convenient places around the community and to serve all children seeking a meal without any paperwork.  

As we discussed in a previous episode of Federal Flash, without the flexibility, students will be able to receive meals only from the school where they are enrolled after being deemed eligible—a change that would create logistical barriers for many families. The expiration of the waivers likely will result in many food service administrators choosing to limit their days of operation and deny uncertified students in need access to healthy meals.

Republicans and Democrats have urged Agriculture Secretary Sonny Perdue to extend the waivers through the 2020–21 school year. Perdue responded that the USDA lacked Congressional authority to implement the extension, as it would function like a universal school meals program that has not been authorized by lawmakers.

The House Committee on Education and Labor called Perdue’s decision “a major blow,” with Chairman Bobby Scott (D-VA) predicting that “the tragic rise in child hunger across the country will surely get worse.” Now, a broad coalition of governors, state and district superintendents, school administrators, classroom educators, parent groups, and other advocates including the Alliance for Excellent Education (All4Ed) are calling on Congress to ensure the USDA has the authority to extend these waivers. We’ll keep you posted.

Federal Judge Stops Rule that Directs CARES Act Funds to Private Schools

Last week, a Washington state judge issued an injunction to stop Secretary DeVos’s rule on providing equitable services to private school students under the CARES Act. The rule encourages districts to set aside CARES dollars for private school students not as they do under Title I, but rather based on the total number of students in private schools, regardless of income. This interpretation received bipartisan criticism that it ran afoul of the law.

U.S. District Court Judge Barbara J. Rothstein agreed, finding that the U.S. Department of Education (ED) subverted Congressional intent and hurt students most affected by the pandemic. She also questioned whether Secretary DeVos had the authority to condition CARES Act funds in this manner.

However, this is not the only lawsuit challenging the equitable services rule, and attorneys for ED are arguing in a separate case that the injunction only applies to schools in Washington state. We’ll be following these cases as they move through the courts.

Democratic Party Adopts 2020 Platform

At last week’s Democratic National Convention, the Democratic Party officially adopted its 2020 platform, including tripling Title I funding for disadvantaged students, supporting universal preK, and promoting school integration. In addition, the platform champions diversifying the teacher workforce and increasing educator pay and benefits. It also supports measures to increase accountability for charter schools and advocate for moving away from “high-stakes testing”—ideas that align with teachers’ unions policy p...

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In today’s Federal Flash, we break down the education proposals in the Senate Republicans’ coronavirus relief package, known as the Health, Economic Assistance, Liability Protection, and Schools (HEALS) Act, and cover the reaction to it. We also provide an update on the Centers for Disease Control and Prevention’s (CDC’s) new guidelines for reopening schools.  

Senate Republicans Introduce HEALS Act

On Monday, Senate Majority Leader Mitch McConnell (R-KY) announced the Senate GOP’s highly anticipated coronavirus aid package—the HEALS Act. As we discussed on last week’s Federal Flash, the $1 trillion bill includes $105 billion for education, including $70 billion for K–12 schools, $29 billion for colleges and universities, and $5 billion for governors. But unlike the earlier framework, which indicated that half of K–12 funding would be directed to schools with plans to physically reopen, the final bill reserves two-thirds of the relief fund for that purpose.

In addition, the HEALS Act includes no dedicated funding for home internet access, which could exacerbate the homework gap as many districts plan to rely on remote learning. Last week, the Alliance for Excellent Education (All4Ed) and several partners released a report that finds that 16.9 million children lack the internet access necessary to support online learning and that students of color, students from low-income backgrounds, and those living in rural areas are much more likely to lack access to internet and devices. These students will continue to be caught in the homework gap without significant funding for connectivity.

Like the Coronavirus Aid, Relief, and Economic Security (CARES) Act, states and districts would get HEALS Act relief based proportionally on how much they receive under Title I. However, only $23 billion would go directly to districts regardless of their fall reopening plans. For the remaining two-thirds of the $70 billion fund, governors would determine how much districts receive based on their plans to offer in-person instruction.

Districts planning a hybrid approach, where at least half of students are in school at least half of the time, qualify for full funding. For districts that have some in-person instruction, but do not meet the 50 percent requirement, a reduced allocation would be provided, determined by each governor. Districts planning to offer virtual learning only would not be eligible for any funding from that two-thirds portion of the relief fund.

The GOP bill also provides a carve out for private schools. Instead of an equitable services requirement, states must set aside money in proportion to the percentage of students enrolled in private schools. As a result, about 10 percent of the $70 billion would be reserved for private school students, but the exact percentage would differ from state to state. For example, if 12 percent of a state’s student population attend private schools, then 12 percent of that state’s grant must go to private schools.

From the set-aside, schools would receive funds based on the relative number of low-income private school students they serve. However, governors would reduce per-student aid for private schools that do not meet criteria for reopening for in-person learning.

Relatedly, the HEALS Act package authorizes—but does not provide funding for—emergency “education freedom” grants, an idea embraced by Senate Education Committee Chairman Lamar Alexander (R-TN) and Secretary of Education Betsy DeVos. This program, if funded, would boost state tax credit scholarship programs that help families pay for private school tuition and related costs, including homeschooling.

All signs point to the HEALS Act changing significantly in the coming weeks as the Senate and House head into negotiations, especially given the $2 trillion chasm between the HEALS Act and the Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act passed by House Democrats in May.

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In today’s Federal Flash, a breakdown of new data shows that the homework gap is much larger than previously thought—especially for students of color, students from low-income backgrounds, and those living in rural areas. We’ll also provide an update on Senate Republicans’ coronavirus relief proposal and school nutrition advocates’ push to extend a key flexibility for school meal programs. 

As schools across the country prepare for a blend of online and in-person learning this fall, the Alliance for Excellent Education (All4Ed) partnered with the National Indian Education Association, National Urban League, and UnidosUS to better understand students’ access to the high-speed internet and devices needed to participate in online learning from home. The report, Students of Color Caught in the Homework Gap, finds that 16.9 million children lack the internet access necessary to support online learning—much larger than the previous estimate of 12 million children. In addition, one in ten families, or 7.3 million children, have no access to a desktop, laptop, or tablet computer at home.

In particular, students of color, students from low-income families, and students living in rural areas are far more likely than their peers to lack internet access or a computer. Just one in three Black, Latino, and American Indian/Alaska Native students have the high-speed internet access to participate fully in online learning. The same is true for 36 percent of Americans living in rural communities. But the homework gap is largest for students from low-income backgrounds: 45 percent of households making less than $25,000 annually and 32 percent of families making between $25,000 and $50,000 annually lack high-speed home internet.

Our report calls on Congress to pass Senator Ed Markey’s (D-MA) Emergency Educational Connections Act and provide $6.8 billion through the E-rate program in the next COVID-19 relief package. All4Ed CEO and President Deborah Delisle said, “Asking students—many of whom are from low-income or rural homes—to try to learn with a family member’s cell phone or with paper packets is neither acceptable nor sustainable. We need Congress to demonstrate their concern for all students’ learning by providing $6.8 billion in critical funding in the next stimulus legislation for internet and computer access for all students, no matter where they live.”

Visit all4ed.org/homeworkgap to view data on the homework gap in your state and other resources to support funding for home internet access.

Coronavirus Relief Package on the Horizon

As the August recess nears and expanded unemployment benefits are set to expire, Senate Republicans and the White House have been negotiating parameters of a new coronavirus relief package. Senate Majority Leader Mitch McConnell (R-KY) previewed some key funding details last week, including $105 billion for education. Although this is more funding for the U.S. Department of Education than the $90 billion in the HEROES Act passed by House Democrats, it falls short of the $430 billion proposed by Senator Patty Murray (D-WA) in the Coronavirus Child Care and Education Relief Act a few weeks ago.

Under the Republican plan, $30 billion would be provided for higher education, $5 billion for governors, and the remaining $70 billion for K–12 schools. However, while half of the K–12 portion would be available to all districts on a per-capita basis, the remaining half would only be available to districts that reopen their doors in the fall—effectively using federal funds to incentivize a return to in-person learning as President Trump has urged. Districts that take a hybrid approach of distance learning and some in-person instruction would likely be eligible for extra funding, but the threshold would mostly be defined by governors.  

In addition, Senate Education Committee chairman Lamar Alexander (R-TN) and Senator Tim Scott (R-SC) introduced the School Choice Now Act,

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Today’s Federal Flash, covers the backlash over the White House’s push to reopen school buildings full time in the fall. It also shares updates on the House education spending bill for next fiscal year, the Education Department’s postponement of the Civil Rights Data Collection, and a lawsuit to overturn Secretary DeVos’ rule on equitable services under the CARES Act.  

The Trump Administration’s Demand to Reopen Schools

As coronavirus cases surge across the country, the Trump administration has come out with an aggressive push for full-time, in-person instruction in the fall—arguing that guidelines from the Centers for Disease Control and Prevention on reopening schools safely shouldn’t be a “barrier” for local officials. To persuade schools to follow these demands, the President even threatened to cut funding for districts that begin the school year only offering virtual learning or a hybrid approach.  

Trump’s comments faced blowback from many education and public health experts, including the American Academy of Pediatrics, whose guidance was touted by the Administration in its demand for school buildings to reopen. Specifically, pediatricians joined with teachers’ unions and school superintendents to urge against a one-size-fits-all approach to reopening schools, noting that schools and districts must consider local needs and the threat of COVID-19 spread before making decisions about in-person learning. The coalition stated [QUOTE] “schools in areas with high levels of COVID-19 community spread should not be compelled to reopen against the judgment of local experts.” 

For now, the President’s threat appears to be an empty one. He has no authority to cut off funding, or tie new requirements to funding, that Congress has already allocated. For example, online schools receive Title I and other funds under ESSA; there is no prohibition against full-time virtual schools. Likewise, in distributing coronavirus relief under the CARES Act, states and districts were encouraged by Secretary DeVos to use the funds on remote learning.

Vice President Pence suggested the Administration might leverage future coronavirus funding to urge districts to reopen with students in-person. Secretary DeVos expressed interest in allowing parents to use relief funds as a voucher if the district isn’t fully reopening schools. Both ideas, however, would require Congressional approval.

Senate Majority Leader Mitch McConnell is expected to drop a coronavirus relief proposal next week, but it is uncertain whether it will include conditions tied to school reopenings. Senate Education Committee chairman Lamar Alexander, however, has suggested that Congress should make some aid available to all school districts, with additional funds for those working to open reopen in-person this fall. Updates will be provided on Senate negotiations as the August recess nears.

Congress Unveils Spending Bill for the Department of Education

Meanwhile on Capitol Hill, the House Appropriations Committee advanced its annual spending bill for the Department of Education, which would provide $73.5 billion for the agency in fiscal year 2021, $716 million over the prior fiscal year. This includes a modest $254 million increase for Title I and a $194 million increase for IDEA and a $40 million cut to the federal program for charter school expansion.

The House hopes to pass its spending bill prior to the August recess, but the Senate Appropriations Committee has yet to schedule a markup of its own. Therefore, the appropriations process might not make headway for months, raising the prospect that Congress will roll over current spending beyond the end of the fiscal year on September 30. 

Education Department Postpones Civil Rights Data Collection

In other delays, the Department announced that it will postpone the latest round of Civil Rights Data Collection, or CRDC, to the 2020-21 school year citing uncertainty and unreliability of data due to...

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In today’s Federal Flash, we cover the largest coronavirus aid package proposed in Congress to date to support education and childcare. Plus, two significant actions affecting private schools: a new rule from Secretary DeVos on equitable services under the CARES Act and a Supreme Court decision on the participation of religious schools in private school choice programs. 

Senator Murray's Coronavirus Relief Proposal and How it Improves on the CARES Act

This week, Senator Patty Murray (D-WA) introduced the Coronavirus Child Care and Education Relief Act (CCCERA)—the largest proposed congressional relief package for education yet, totaling $430 billion. On top of the $30 billion already provided under the CARES Act, Senator Murray’s bill would infuse an additional $345 billion in stabilization funding for higher education and K–12 schools. Like CARES, funds would be split between three emergency relief funds for Governors ($33 billion), state departments of education ($175 billion), and institutions of higher education ($132 billion). Funds could be used for a number of activities to help districts reopen safely and improve remote learning, in addition to addressing learning loss and students’ social and emotional needs.  

Besides providing more stabilization funds, the Coronavirus Child Care and Education Relief Act improves on the CARES Act in key ways. First, it would increase funding for K–12 programs for historically underserved students, including an additional $11 billion each for Title I and for IDEA, $1 billion for English learners, and $500 million for homeless children and youth. Second, Senator Murray’s bill includes the Emergency Educational Connections Act of 2020, which would provide $4 billion to schools through the E-rate program to improve home internet access. Finally, CCCERA has stronger protections to ensure funds are spent equitably. In order to receive funds, states would need to promise to maintain their own education spending for three years and to use funds to supplement, not supplant, state and local dollars. These requirements would help make sure federal funds do more than backfill state cuts.  

All4Ed's Position on CCCERA

In urging the Senate to pass the bill, All4Ed CEO and President Deborah Delisle said, “This legislation includes much-needed funding for states to avoid massive cuts to education and other key services families need now more than ever”—including money to provide internet and computers to millions of disconnected households. This infusion of essential resources will help ensure that vulnerable students hit hardest by disruptions to the school year—including students of color, low-income students, students experiencing homelessness, students with disabilities and English learners—don’t fall farther behind their classmates as schools resume this fall in various forms of structures.”   

New Regulation on Equitable Services for Private School Students

Senator Murray’s bill would also require districts to calculate the equitable services set-aside based on the number of students from low-income families attending private schools—in contrast to how Secretary DeVos has interpreted the CARES Act. The U.S. Department of Education initially released non-binding guidance stating that districts should calculate the equitable services set-aside based on the total number of students enrolled in private schools in the district, regardless of their income—a different calculation than under Title I. As we’ve discussed before on Federal Flash, after the guidance faced opposition from lawmakers, advocates, and state leaders, Secretary DeVos decided to issue a binding regulation instead.    

That rule was published in the Federal Register this week. Unlike most regulations, however, the Department did not issue a proposal first. Instead, it was published as an “interim final rule,” meaning it takes effect immediately.  

The rule makes several changes from the guidance.

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In today’s Federal Flash, we cover major Supreme Court rulings to protect Dreamers from deportation and lesbian, gay, bisexual, transgender, queer, and/or questioning (LGBTQ) employees from workplace discrimination. We’ll also share highlights from two congressional hearings on the challenge of reopening schools and competing proposals for police reform.

Supreme Court Ruling on DACA

In a 5-4 decision, the Supreme Court blocked the Trump administration’s attempt to rescind the Deferred Action for Childhood Arrivals program (DACA). Nearly 700,000 young people have received DACA protections since the program’s inception in 2010, allowing undocumented youth who arrived in the United States as children to pursue higher education and work without fear of deportation.

Joining the court’s four liberal justices, Chief Justice John Roberts wrote for the majority that the U.S. Department of Homeland Security violated the Administrative Procedure Act by rescinding DACA in an “arbitrary and capricious” manner. Thus, the decision offers a welcome, but temporary, reprieve for DACA recipients. Only congressional action can permanently protect undocumented immigrant youth and families. 

Following the decision, Deborah Delisle, Alliance for Excellent Education (All4Ed) CEO and president said, “For years, DACA has given thousands of young people—many of whom have never known a home other than the United States—the chance to achieve the American Dream by pursuing an education and a career without fear of deportation. We need Congress to step up immediately with legislation that provides protection to these vital members of our communities and our education system.” 

Protections for LGBTQ Employees

DACA wasn’t the only major decision from the Supreme Court last week. In a landmark 6-3 ruling, the court declared that Title VII of the Civil Rights Act, which prohibits workplace discrimination on the basis of sex, applies to sexual orientation and gender identity. The majority opinion states, “An employer who fires an individual merely for being gay or transgender defies the law.”

We don’t know yet how the decision will impact education. Do antidiscrimination protections for LGBTQ employees extend to LGBTQ students? How will this impact the ability of transgender students to compete in sports and use bathrooms of their choice? And what about religious schools? This case did not address a religious freedom argument, meaning that arguments regarding religious liberty will have to be addressed in future cases.

Reopening Schools During COVID-19

Meanwhile, both the Senate and House education committees held hearings on the challenges of bringing students and staff back to classrooms safely this fall.

Looming budget cuts—and the need for additional federal funds—were top of mind. Nebraska Education Commissioner Matthew Blomstedt warned of a “perfect storm as we face increased needs and decreased resources.” He projected sustained cuts of 20 percent or more for K–12 schools. Eric Gordon, CEO of the Cleveland Metropolitan School District, said Cleveland will prioritize bringing students with the highest needs—like students with disabilities and English learners—back for in-person instruction, echoing one of the recommendations All4Ed made for prioritizing equity in the response to the coronavirus. Tennessee’s Education Commissioner Penny Schwinn is emphasizing another one of our recommendations: student access to technology for remote learning—which is no longer, in her words, a “nice to have.”

Republicans were skeptical of the call for additional federal funds. Both Lamar Alexander (R-TN) and Virginia Foxx (R-NC), chairman and ranking member respectively of the House and Senate education committees, wanted more information on how aid from the Coronavirus Aid, Relief, and Economic Security (CARES) Act had been spent and why CARES Act funds were insufficient.

Police Reform Bills Introduced in Congress

Finally,

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In today’s Federal Flash, we pay tribute to the life of George Floyd and countless others whose killings show how much more must be done to address systemic racism in our country. We’ll also share new recommendations for prioritizing equity in the response to COVID-19 as well as several items from the U.S. Department of Education (ED).

Our Voices Must Be Heard

We at the Alliance for Excellent Education (All4Ed) are outraged by the horrific killings of Ahmaud Arbery, Breonna Taylor, George Floyd, and countless others. So much more must be done to end the ongoing fatal police shootings and other violence against Black people across the country. In a statement, Deb Delisle, president and CEO of All4Ed, said, “Candid, constructive conversations are long overdue; it is time for action. We at the Alliance for Excellent Education stand with those calling for justice and change in this country: our voices must be heard. We know students of color are disproportionately impacted by violence and trauma with a direct impact on students’ learning and well-being both in and out of school. I hope this unrest brings renewed attention to the differences between life’s realities for White people and people of color, along with the courage to create lasting change.” 

All4Ed joined organizations nationwide to bring attention to the trauma this violence causes young people. All4Ed also joined more than 400 civil rights organizations, led by the Leadership Conference on Civil and Human Rights, in calling for Congressional action to end police violence.

Recommendations for Prioritizing Equity During COVID-19

All4Ed and thirteen other education and civil rights organizations issued recommendations to states and districts for prioritizing equity in the ongoing response to COVID-19. The report, Coronavirus and the Classroom, covers six topics: (1) ensuring equity in fiscal policies; (2) meeting students’ basic needs; (3) expanding and improving remote learning; (4) easing the high school–to–college transition; (5) extending learning time; and (6) determining students’ academic, social, and emotional needs.

In a statement, Janet Murguía, president and CEO of UnidosUS, said, “The COVID-19 pandemic has disrupted the lives of students and families across the country, but it is among our most vulnerable students, including our nation’s 5 million English learners and low-income students, where the educational impact and barriers to learning have been far more acute. It is critical, then, that states and districts take steps that safeguard the academic success of all students during this time. These recommendations are a good foundation for states to build on and put students on a path to success in the upcoming school year.”

CARES Act Funding for Private Schools

Tensions also are running high in response to U.S. Secretary of Education Betsy Devos’s interpretation of the Coronavirus Aid, Relief, and Economic Security Act (CARES) Act as it relates to private schools. Secretary DeVos is calling on states to send millions of dollars from the CARES Act to private schools based on what many believe to be a flawed reading of the law.

As we described in a previous episode of the Federal Flash, DeVos issued guidance to states regarding a policy called “equitable services.” Under Title I of the Every Student Succeeds Act (ESSA), children who are at-risk academically and who live in Title I school attendance areas, but enroll in private schools, are entitled to receive “equitable services” from their local public school district such as tutoring and expanded learning time programs.

To be clear, these services are provided to a narrow segment of students—those who are at-risk academically and who live in Title I school attendance areas. The CARES Act says that equitable services should be provided in the same manner as under ESSA. Rather than supporting this same population of students, Secretary DeVos has decided to interpret the l...

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In today’s bonus episode of the Federal Flash, we’ll summarize what is, and is not, included in House Speaker Nancy Pelosi’s $3 trillion coronavirus relief proposal. We’ll also discuss the U.S. Department of Education’s (ED’s) final Title IX regulations.

Health and Emergency Recovery Omnibus Emergency Solutions Act

This week, House Speaker Nancy Pelosi unveiled a $3 trillion proposal called the Health and Emergency Recovery Omnibus Emergency Solutions (HEROES) Act to support the nation’s ongoing response to COVID-19. From an education perspective, however, the legislation isn’t as heroic as advocates would have hoped.

Leading up to the bill’s introduction, more than seventy education organizations, including the Alliance for Excellent Education (All4Ed), called for substantial investments to offset state and local budget cuts and address the need for extended learning time to help students recover from school closures, plus additional targeted funding to support the most vulnerable students. Further, as noted in our last episode of Federal Flash, organizations and lawmakers alike had sought funding for home internet access.

The good news is that the HEROES Act would provide nearly $1 trillion for states, localities, territories, and tribes to mitigate the impact of COVID-19. These funds could support virtually any function of government, including education.

However, advocates had called for at least $175 billion for K–12 and higher education so that education wouldn’t have to compete with other state and local demands, like health care, during budget shortfalls. In addition, education advocates had sought at least $25 billion for the Individuals with Disabilities Education Act (IDEA), Title I, and other funding streams targeted to historically underserved students. In total, the HEROES Act only proposes about $100 billion for education, including nearly $60 billion in stabilization funding for school districts and no funding for specific Every Student Succeeds Act (ESSA) programs, like Title I, or IDEA.

Advocates also had requested at least $4 billion for home internet access through the E-rate program. An estimated 12 million students lack internet at home, which is a major equity problem since school now is available only online and nearly 20 percent of Black and Latino students don’t have home internet access, according to ED. Unfortunately, the HEROES Act only provides $1.5 billion for the E-rate program—less than Speaker Pelosi proposed just a few weeks ago, and less than the amount nearly every Senate Democrat supported in legislation introduced earlier this week.

Funding for homeless students, or lack thereof, is another disappointment. In the 2009 stimulus package passed during the Great Recession, Congress doubled funding for the McKinney-Vento Education for Homeless Children and Youth program. In response to COVID-19, advocates called for $500 million for homeless students, but the HEROES Act proposes no direct funding.  

In response to the HEROES Act, All4Ed President and CEO Deb Delisle said, “The latest relief package proposed in Congress is not heroic when it comes to helping schools. …We are in an unprecedented crisis that will affect families, especially our youth, for years to come, and both Democrats and Republicans in Congress need to step up for families, educators, and schools.”

A summary of the HEROES Act is available at all4ed.org/wp-content/uploads/2020/05/HEROES-Act-Summary_5.12.20.pdf

Title IX Regulations from ED

Last week, ED released final regulations regarding how schools are required to respond to allegations of sexual assault and harassment under Title IX, the federal law that prohibits discrimination on the basis of sex in education programs. The new rule replaces Obama-era sexual assault guidance, which Secretary DeVos rescinded in 2017.

One of the biggest shifts in the final rule is that school officials can use a different standard to determine whet...

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