Federal Advocacy Center

March 10, 2023 (Archives)

March 10, 2023

CONGRESSIONAL UPDATE

House Committee on Education and the Workforce Advances Two Bills: Parents Bill of Rights and Transgender Women in Sports

On March 9, after a more than 15-hour markup on March 8, the House Committee on Education and the Workforce passed two bills. The "Parents Bill of Rights Act," or H.R. 5, would ensure parents have the right to know what schools are teaching their children, as well as the right to protect their children's privacy, the right to be heard, the right to be updated on violent activity at a school, as well as other general rights relating to education.

The majority of amendments introduced by Democrats were voted down by the Republican majority. However, several amendments passed, including providing broadband access for students and prohibiting federal involvement in school curriculum. Similarly, Republicans offered a variety of amendments focused on notice of speakers at school-sponsored events, school choice amendments, and the review of professional development materials. This bill passed along party lines, with many amendments offered during the markup.

Chairwoman Virginia Foxx (R-NC) explained the second bill, the Protection of Women and Girls in Sports Act of 2023, or H.R. 734, seeks to strengthen the laws and existing protections for women and girls in sports by defining sex as based on an individual's biology and genetics at birth. This bill also passed along party lines, with some amendments offered during the markup.

According to Chairwoman Foxx in her Opening Statement, these bills show "Republicans' commitment to America" and, specifically, the "Parents Bill of Rights Act secures…constitutional rights for our parents."

Click here for a summary of the hearing, including details on Opening Statements and amendments that were offered.

These bills will now go to the full House for a vote. House Majority Leader Steve Scalise (R-LA) indicated the House will vote on the Parents Bill of Rights in the next two weeks. A summary of the Protection of Women and Girls in Sports Act of 2023 is available here. A summary of the Parents Bill of Rights legislation is available here.

Speaker McCarthy, Trump Push "Parents' Rights"
Republicans in Congress and on the presidential campaign trail are making a big push on "parents' rights." Former President Trump, in a March 6 email to supporters, included excerpts from a campaign speech in which he described himself as a "champion of parent's rights." He said, "I will fight for PARENTS' RIGHTS, including universal school choice, and the direct election of school principals by the parents" in the email. "If any principal is not getting the job done, the parents should be able to vote to fire them and select someone who will."

Speaker of the House Kevin McCarthy held an event to highlight the Parents Bill of Rights Act, legislation introduced the day before by more than 70 Republicans. A fact sheet on the bill from the House Committee on Education and the Workforce reads, "parents have a God-given right to make decisions for their children." Read more on the GOP's push for the Parental Bill of Rights here.

Foxx Pledges Stronger Accountability for Higher Education
Rep. Virginia Foxx (R-NC) is planning to leverage the decline in public perception of higher education to usher in a new era of stronger accountability for the nation's colleges and universities in her role as chairwoman of the House education committee. This is "exactly the right time" to reauthorize the Higher Education Act of 1965, Foxx said in a recent interview with Inside Higher Ed. The last reauthorization was in 2008, and the law is supposed to be renewed every five years. Foxx and other lawmakers have tried over the years to pass comprehensive higher education legislation - only for those efforts to fail - and observers are skeptical that meaningful higher education bills can pass both chambers during this session of Congress. Read Foxx's interview with Insider Higher Ed.

Selected Education-Related Bills Recently Introduced

• H.R.1429 - 118th Congress (2023-2024) To provide for a Federal partnership to ensure educational equity and quality. Sponsor: Trone, David J. [Rep.-D-MD-6]
• H.R.1424 - 118th Congress (2023-2024) To amend the Keep Kids Fed Act of 2022 to extend additional reimbursement rates for certain child nutrition programs, and for other purposes. Sponsor: Spanberger, Abigail Davis [Rep.-D-VA-7]
• H.R.1415 - 118th Congress (2023-2024) To amend the Elementary and Secondary Education Act of 1965 to provide grants to hire and retain school social workers, and for other purposes. Sponsor: Moore, Gwen [Rep.-D-WI-4]
• H.R.1412 - 118th Congress (2023-2024) To establish the Foundation for Digital Equity, and for other purposes. Sponsor: Matsui, Doris O. [Rep.-D-CA-7]
• H.R.1403 - 118th Congress (2023-2024) To amend the Workforce Innovation and Opportunity Act to create a new national program to support mid-career workers, including workers from underrepresented populations, in reentering the STEM workforce, by providing funding to small- and medium-sized STEM businesses so the businesses can offer paid internships or other returnships that lead to positions above entry level. Sponsor: Houlahan, Chrissy [Rep.-D-PA-6]
• H.R.1387 - 118th Congress (2023-2024) To amend the Elementary and Secondary Education Act of 1965 to increase civics education programs, and for other purposes. Sponsor: Cleaver, Emanuel [Rep.-D-MO-5]
• S.667 - 118th Congress (2023-2024) A bill to provide for a Federal partnership to ensure educational equity and quality. Sponsor: Cardin, Benjamin L. [Sen.-D-MD]
• S.662 - 118th Congress (2023-2024) A bill to amend the Workforce Innovation and Opportunity Act to create a new national program to support mid-career workers, including workers from underrepresented populations, in reentering the STEM workforce, by providing funding to small- and medium-sized STEM businesses so the businesses can offer paid internships or other returnships that lead to positions above entry level. Sponsor: Rosen, Jacky [Sen.-D-NV]

ADMINISTRATION UPDATE

President Biden Unveils FY24 Budget Request
On March 9, President Biden released his long-anticipated federal fiscal year 2024 (FY24) budget request to Congress. The request proposes a nearly $11 billion increase for the U.S. Department of Education's (USED) budget, including the various programs and initiatives it implements and oversees. This proposed increase is roughly 14% higher than the USED's FY23 budget, which Congress approved this past December.

Of note for the K-12 community, the budget proposes a 12% or $2.2 billion increase in funding for Title I of the Every Student Succeeds Act (ESSA) - formula grants that deliver funding to more than 90% of school districts across the nation. In addition, the budget proposes $16.8 billion for the Individuals with Disabilities Education Act (IDEA) - a roughly 14% increase totaling $2.1 billion over FY23 enacted levels. The president's budget also encourages Congress to address a slew of other education issues, including teacher workforce shortages and multilingual education, and seeks to provide more funding for comprehensive community schools programming.

"President Biden's latest budget proposal calls on Congress to act with urgency and provide our schools with the resources needed to raise the bar in education by promoting academic excellence and rigorous instruction, improving learning conditions, and answering unmet challenges like the educator shortage and the mental health needs of our students," U.S. Secretary of Education Miguel Cardona said in a statement. "Our administration is also pushing for dramatic new investments in high-quality preschool that provide all our youngest learners with a sturdy bridge to elementary school success. The Biden-Harris budget also supports the Department of Education's efforts to boost global competitiveness by expanding opportunities for multilingual learning, redesigning high schools to include multiple pathways to college and career, and supercharging state and local efforts to make free community college a reality nationwide."

Additional details regarding the budget are expected to be available in the coming days and weeks. The release of the budget formally begins the wider FY24 budget and appropriations process in Congress -an effort expected to be challenging in a divided Congress. As this process gets underway, NSBA's advocacy team will continue to work with partners on Capitol Hill to ensure the funding needs of the K-12 education community are reflected in the final legislation.

Click here for a table summarizing the president's requested spending levels for a number of key early learning, K-12, and workforce accounts. For additional information on the president's budget request for all programs and activities under the U.S. Department of Education, read the FY 2024 Education Budget Summary and Background Information.

FCC Nominee Withdraws Nomination

Earlier this week, Gigi Sohn withdrew her nomination to serve as a commission at the Federal Communications Commission (FCC). Her nomination, which has been stalled for nearly a year and a half, was met with increasing criticism about her previous roles and outspokenness. The FCC is currently without its full slate of five commissioners and is split 2-2 between Republicans and Democrats, making bipartisan agreement necessary to make progress on important work. A new nominee has not been announced, and consideration of one will likely take several months.

Biden Education Chief: GOP Using Schools 'As a Means to Divide'
Education Secretary Miguel Cardona highlighted Democrats' efforts at "parent partnership" in a March 1 op-ed for Newsweek, indirectly hitting back at Republicans who are attempting to paint Democrats as uncaring about parental rights in education. In his opinion piece titled "We are Raising the Bar for Parent Partnership in Our Schools," Cardona backed the Biden Administration by stating its priorities in encouraging parental engagements directly with the Department of Education and school communities.

Four Ways the National Cybersecurity Could Shape K-12
The K-12 cybersecurity landscape faces numerous challenges - from finding and retaining staff to facing the ongoing threat of ransomware attacks that can shut schools down for days and result in the theft of district funds or sensitive data. With the White House's release of its National Cybersecurity Strategy on March 2, some K-12 technology experts remain cautiously optimistic the plan will lay a foundation for much-needed upgrades to help school districts nationwide. A key focus in the national plan is to shift the burden away from local governments and under-resourced consumers. Read more on the impacts of cybersecurity on K-12 here.

Schools Want to Close COVID Learning Gap Before Federal Funds Run Out
In a race to overcome the COVID learning gap, billions in federal aid are now being put to work. Still, states and school districts have spent less than half of their Elementary and Secondary School Emergency Relief funds, according to the latest federal data. A deadline looms: The rest of that money must be allocated or spent by 2024, or it will be lost. The National Assessment of Educational Progress found two decades of improvements were wiped away during the coronavirus pandemic. The declines were widespread but were most pronounced among the students who had already been struggling well before 2020. Read more here.

March 3, 2023 (Archives)

CONGRESSIONAL UPDATE

House Republicans Introduce Parents Bill of Rights Legislation

On Wednesday, March 1, Rep. Julia Letlow (R-LA) introduced the Parents Bill of Rights Act (H.R. 5). The legislation was co-sponsored by 73 Republican colleagues in the chamber, including Speaker Kevin McCarthy (R-CA) and House Education and the Workforce Committee Chair Virginia Foxx (R-NC), among other members of House Republican leadership. The bill aims to establish additional legal protections and enumerated rights for parents regarding their children's education. "As a mom of two and a former educator, I believe for a child to succeed, they need families and educators to work together as partners throughout the learning process," Letlow said as part of the bill's introduction.

Later in the day, Speaker McCarthy, Chair Foxx, and other House Republican leaders held an event to highlight the legislation and elevate stories from parents and families who are supportive of the proposal. A factsheet for H.R. 5 can be found here, and the full text of the measure can be accessed here.

House Republicans Ban Education Earmarks 

For the last few years, members of Congress have been able to make specific funding requests in support of projects or initiatives related to their home state or district. Known formally as "community project funding" in the House and informally as "earmarks" elsewhere, these requests totaled $200 million in last year's federal fiscal year 2023 (FY23) spending package for K-12 initiatives. Yesterday, House Appropriations Chair Kay Granger (R-TX) announced new guidance for the upcoming FY24 budget and appropriations process. Among other notable changes, the guidance will not allow earmarks for the Labor-HHS-Education funding bill - legislation where K-12 education programs like the Every Student Succeeds Act derive funding - in the upcoming budget and appropriations cycle.

Elsewhere, the Senate has announced that it will still allow such requests this year, which will be due April 13. NSBA continues to analyze these new appropriations rules and their potential impact on education funding for the coming federal fiscal year.

House Ed Chairwoman Foxx Expresses Confidence in Parental Bill of Rights

House Education and the Workforce Committee Chairwoman Virginia Foxx (R-NC) gave a speech during a forum with House Speaker Kevin McCarthy, Members of the House Republican Conference, and concerned parents on the reintroduction of the Parents Bill of Rights Act. The Chairwoman acknowledged its impact on education freedom in America, stating, "One of the greatest blessings in life is to raise children - it's a solemn responsibility that every parent takes immense pride in." She gave full support and expressed confidence that "The Parents Bill of Rights will support parents' rights movements across America" and stated that it is every parent's "duty as stakeholders in their children's education." Watch the entire event here.

Comprehensive Labor Bill Introduced Amid Historic Public Support for Unions

A bipartisan group of House and Senate Members introduced the Richard L. Trumka Protecting the Right to Organize (PRO) Act of 2023 (H.R. 20), a comprehensive proposal to protect workers' right to come together and bargain for higher wages, better benefits, and safer workplaces. The House bill was introduced by the Committee on Education and the Workforce Ranking Member Robert C. "Bobby" Scott (D-VA) and Representative Brian Fitzpatrick (R-PA). The Senate companion was introduced by the Committee on Health, Education, Labor, and Pensions (HELP) Chair Bernie Sanders (I-VT). Read more about the bill here.

Federal Bill Pushes for Whole Milk in Schools

A federal bill introduced in the House by Reps. Glenn Thompson (R-PA) and Kim Schrier (D-WA) would allow schools participating in the National School Lunch Program to serve whole milk. Earlier this month, a federal bill allowing schools to serve flavored milk got a second life in Congress. Meanwhile, the U.S. Department of Agriculture has proposed revisions to the milk requirements in school meals, one of which would limit flavored milk to high schools. The full text of the Whole Milk for Healthy Kids Act has yet to be released. It has been referred to the House Committee on Education and Workforce. H.R. 1147 would enable both flavored and unflavored whole milk to be served. Read more here.

New Investigative Counsel for House Education and the Workforce Committee

Kent Talbert is now investigative counsel for the House Education and the Workforce Committee. He was formerly a senior adviser to the deputy Education secretary under the Trump administration. Talbert is a proven leader in the K-12 and higher education sectors, with in-depth legal, policy, and management experience in the executive and legislative branches of government, as well as in private practice. See Talbert's profile here.

Selected Education-Related Bills Recently Introduced

• H.R.1185 - 118th Congress (2023-2024) To allow a State to submit a State management decision to the Secretary of Education to combine certain funds to improve the academic achievement of students.
• H.R.1207 - 118th Congress (2023-2024) To amend the Elementary and Secondary Education Act of 1965 to improve diversity in accelerated student learning programs. Sponsor: Cohen, Steve [Rep.-D-TN-9]

ADMINISTRATION UPDATE

Department of Education Announces Required Cybersecurity Updates for Postsecondary Institutions to Comply with the Safeguards Rule 

On Feb. 9, the U.S. Department of Education (ED) released an announcement about updates that postsecondary institutions must make to their cybersecurity and data protection policies to comply with the Federal Trade Commission's amended Standards for Safeguarding Customer Information (Safeguards Rule), a component of the Gramm-Leach-Bliley Act (GLBA). The effective date for most of the changes to the Safeguards Rule is June 9, 2023. The announcement provides a summary of the changes to the Safeguards Rule, explains the impacts of the changes on postsecondary institutions, and describes changes to ED's enforcement of the GLBA requirements. Read more about the Safeguards Rule here.

Vice President Harris Remarks on Expanding Affordable High-Speed Internet Nationwide

Vice President Kamala Harris visited Benedict College in South Carolina to speak on the issues regarding the nation's access to affordable, high-speed internet. Harris stated that access to high-speed internet is "not a luxury, but a basic necessity." The Vice President included statements on the importance of high-speed internet to the students and parents who struggle with completing schoolwork and everyday tasks due to the lack of access to high-speed internet. Harris announced the administration's $65 billion investment in the Accessible, Affordable Internet for All Act. Read the Vice President's full speech here.

February 24, 2023

Congressional Update

HELP Committee Holds Healthcare Shortage Hearing

The Senate Health, Education, Labor, and Pensions (HELP) Committee held a hearing on Feb. 16 to examine persistent workforce shortages within the healthcare industry. Witnesses included an array of postsecondary institutional leaders, many of whom emphasized the importance of quality career advisement starting in high school and middle school. The hearing also emphasized the importance of early career exposure to help put more students on pathways leading to careers in the healthcare industry. Witnesses also highlighted the impact of high-quality work-based learning opportunities, particularly apprenticeships, as a useful strategy to meet ongoing workforce challenges in the sector. An archived recording of the hearing can be found here.

Senate Appropriations Committee Takes Shape

Last week, the new Chair and Ranking Member of the Senate Appropriations committee - Sens. Patty Murray (D-WA) and Susan Collins (R-ME), respectively - announced the leaders for the individual subcommittees that compose this committee and oversee federal funding for the 12 spending accounts that make up the federal budget. Of note for the K-12 education community, Sens. Tammy Baldwin (D-WI) and Shelly Moore Capito (R-WV) will serve as Chair and Ranking Member, respectively, of the Labor, Health and Human Services, Education, and Related Agencies Subcommittee. This entity oversees and determines annual investments in federal education programs and initiatives. More information on the announcement can be found here.

Democrats Playing Defense on Education

The Democratic Party is increasingly playing defense on education as Republicans ramp up their rhetoric on the issue. Since the beginning of the pandemic, Republicans have sought to brand Democrats as the party that doesn't care about parental involvement in education, using mask mandates and school closures as a wedge while leaning into topics such as how LGBTQ identity and Black history are taught. Read more about the divided politics of education policy here.

Ranking Member Cassidy Opposes Biden Labor, Education Nominees

U.S. Senator Bill Cassidy, M.D. (R-LA), Ranking Member of the Senate Health, Education, Labor, and Pensions (HELP) Committee, expressed his opposition to four Biden administration nominees following an off-the-floor HELP committee executive session. The committee voted on the nominations of Karla Gilbride for General Counsel at the Equal Employment Opportunity Commission (EEOC), Jessica Looman for Administrator of the Wage and Hour Division at the Department of Labor, LaWanda Toney for Assistant Secretary for Communications and Outreach at the Department of Education, and Glenna Wright-Gallo for Assistant Secretary for Special Education and Rehabilitative Services at the Department of Education. The nominees voted on were previously nominated and considered by the HELP Committee during the 117th Congress but failed to receive floor votes. The nominees reported out of the committee include Gilbride (12-9), Wright-Gallo (13-8), and Toney (12-9). Looman was not reported favorably. Read more in Cassidy's press release.

Some States Have Passed Universal Free School Meals

Since the pandemic, some public schools have offered free breakfast and lunch to students, regardless of their family's financial circumstances. However, the majority of municipalities in the U.S. have no such policy. In 2021, Sen. Bernie Sanders (I-VT), Sen. Kirsten Gillibrand (D-NY), Rep. Ilhan Omar (D-MN), and Rep. Gwen Moore (D-WI) introduced the Universal School Meals Program Act of 2021, a bill that would permanently provide free meals to all school children. The bill has not moved since being introduced in the House in 2021, which left many states picking up where the federal government left off. Read about the current landscape of free school meals across states here.

Title I Funding Has Doubled - But Its Most Potent Formula Is Stuck in the Past

Last year, lawmakers approved $18.4 billion for Title I, the largest line item for K-12 education in the federal budget and a vital resource for ensuring all students get the education they need. But despite two decades of steady increases to Title I, including $1.8 billion over the last two years, this opinion piece in The 74 argues that Congress may not realize it's ignoring one of the most effective tools for directing that money to the schools it's intended to serve - the Concentration Grant. Read more about the Concentration Grant and Title I funding here.

State Legislative Push for School Choice Gains Momentum Nationwide

Two years ago, 2021 was declared "The Year of Education Choice," when 19 states enacted 32 new or expanded education choice policies. This year could be even bigger as more states consider making choice policies available to all K-12 students. Read more about states' push for parental choice here.

Selected Education-Related Bills Recently Introduced

• H.R.1147 - 118th Congress (2023-2024) To amend the Richard B. Russell National School Lunch Act to allow schools that participate in the school lunch program under such Act to serve whole milk. Sponsor: Thompson, Glenn [Rep.-R-PA-15]

Administration Update

A New Federal Funding Option to Help Schools Battle Cyberattacks?

The Federal Communications Commission (FCC) has wrapped up its initial public comment period on a proposal to allow school districts to use federal E-rate money for advanced cybersecurity tools. Most in the K-12 community are hoping the FCC acts sometime this summer or fall to expand E-rate eligibility to include modern firewalls and other cybersecurity products. That would allow school districts to start using those federal funds to defend their networks beginning in 2024. But it's no guarantee the FCC will ultimately move in that direction. Read more about cybersecurity funding issues for schools here.

Biden Admin Pressured to Reconsider Policy Changes on Transgender Athletes

A coalition of 28 organizations sent an open letter to U.S. Secretary of Education Dr. Miguel Cardona expressing their alarm about the Department of Education's (DOE) plans to grant Title IX protections to transgender and gender nonconforming student-athletes. The organizations, which represent parents, athletes, public interest lawyers, policy experts, and civil rights groups, cite an agenda published last month, which would require public schools and colleges to permit sports participation based on gender identity as opposed to biological sex. Read more here.

Biden Renews Call for Action on Gun Control Following Michigan State Mass Shooting

At an annual meeting with county leaders, President Biden said there is much more work to be done on gun control legislation, such as banning assault-style weapons, which are typically used in most mass shootings. The call for gun control came after another school shooting at Michigan State University, which followed shortly after the fifth anniversary of the Parkland, Florida, high school shooting. Read more about the Biden administration's efforts to confront gun violence here.

USED Distributes Additional Mental Health and Student Wellness Grants

The U.S. Department of Education (USED) announced new grant awards last week totaling more than $188 million across 170 grantees and 30 states. Derived from the Bipartisan Safer Communities Act (BSCA), the funding supports mental health efforts to support students across the country. The grants are part of a wider Biden administration initiative to address mental health issues nationwide. More on the announcement can be found here.

USDA Issues Updated Meal Benefit Guidance

In anticipation of the end of the public health emergency declaration later this year, the U.S. Department of Agriculture released new guidance which provides additional detail regarding the pandemic EBT program (P-EBT) and related benefits for school children. The new guidance provides answers to commonly asked questions regarding the future of the P-EBT program and how states currently operating these benefit programs should plan to move forward with it. More information on this announcement can be found here.

Grants Available for Migrant Education Program Consortium Incentive Grant Program

The U.S. Department of Education's Office of Elementary and Secondary Education is accepting applications for the Migrant Education Program Consortium Incentive Grant Program, which provides grants to SEAs participating in a consortium to "improve the delivery of services to migratory children whose education is interrupted." This program provides financial incentives to SEAs that receive Title I, Part C funding. This competition has four absolute priorities: (1) Services designed to improve the proper and timely identification and recruitment of eligible migratory children whose education is interrupted; (2) Services designed (based on a review of evidence-based research) to improve the school readiness of preschool-aged migratory children whose education is interrupted; (3) Services designed (based on a review of evidence-based research) to strengthen the involvement of migratory parents in the education of migratory students whose education is interrupted; and (4) Services designed (based on a review of evidence-based research) to improve the educational attainment of out-of-school migratory youth whose education is interrupted. The estimated available funds for this program total $3,000,000, with a total of 30 awards to SEAs. Applications are due by April 24, 2023, and further information is available here.

Grants Available to Improve Results for Students With Disabilities

The U.S. Department of Education's Office of Special Education and Rehabilitative Services is accepting applications for the Educational Technology, Media, and Materials for Individuals with Disabilities program. This program focuses on "(1) promoting the development, demonstration, and use of technology; (2) supporting educational media activities designed to be of educational value in the classroom for students with disabilities; (3) providing support for captioning and video description that is appropriate for use in the classroom; and (4) providing accessible educational materials to students with disabilities in a timely manner." This competition includes one absolute priority: The Center on Science, Technology, Engineering, and Mathematics for Young Children with Disabilities. The estimated available funds for this program total $1,450,000, contingent upon the availability of funds and the quality of applications. Applications are due by April 24, 2023, and further information is available here.

The Personnel Development to Improve Services and Results for Children with Disabilities Program works to prepare personnel to work in special education, early intervention, and related services, as well as regular education to work with children and youth with disabilities. This program further ensures those personnel have skills and knowledge, through practices that are determined through scientifically based research, to be successful in serving those children. The one absolute priority for this competition is: Associate Degree Preservice Program Improvement Grants to Support Personnel Working with Young Children with Disabilities - this will ensure that associate degree programs are adequately preparing personnel to provide supports and evidence-based practices to help young children with disabilities in inclusive early childhood programs. The estimated available funds for this program total $2,00,000, contingent upon the availability of funds and the quality of applications. Applications are due by April 24, 2023, and further information is available here.

February 17, 2023 (Archives)

Congressional Update

Senate HELP Committee Organizes and Considers Nominations
The Senate Health, Education, Labor, and Pensions (HELP) Committee — the committee responsible for K-12 education policymaking in the Senate — met for the first time last week to formally organize and adopt rules for the start of the 118th Congress.

New HELP Committee Chair Bernie Sanders (I-VT) emphasized his desire to focus on a wide range of domestic policy issues, including a focus on critical workforce shortages within the teaching profession and healthcare sector. Sanders attributed teacher workforce shortages primarily to low wages and poor working conditions. The organizational meeting also featured high-level remarks from other committee members, including new HELP Committee Ranking Member Bill Cassidy (R-LA) who highlighted many other priorities for the coming Congress. As part of the meeting, members adopted rules for the committee unanimously, as well as a budget, before adjourning. An archived webcast of the meeting can be found here.

Following this organizational meeting, the HELP Committee reconvened this week to consider several Biden Administration nominees for roles within the U.S. Department of Education (USED), including Glenna Wright-Gallo as Assistant Secretary for Special Education and Rehabilitative Services (OSERS) — a role vacant since 2019. In addition, the committee also considered the nomination of LaWanda Toney to serve as the Assistant Secretary for Communications and Outreach for USED. Both nominees had previously been approved by the panel last year but were not advanced further.

Senate HELP Committee Chair Sanders Hosts Teacher Pay Townhall

Earlier this week, Sen. Bernie Sanders (I-VT) held a town hall with leaders of the two largest teacher unions, Sen. Ed Markey (D-MA), and several teachers to raise awareness about teacher pay and tout forthcoming legislation that would create a nationwide minimum salary for K-12 teachers.

“Raising teacher salaries to at least $60,000 a year and ensuring competitive pay for all of our teachers is one of the most important steps we can take to address the teacher shortage in America and to improve the quality of our public school system in America,” Sanders said during the event.

An archived webcast of the town hall is here.

Florida Congresswoman Wilson Proposes Minimum $60K Salary for Teachers in New Bill

Another person pushing for a $60,000 minimum teacher salary is former school board member Rep. Frederica S. Wilson (D-FL), Ranking Member of the Higher Education and Workforce Investment Subcommittee. In December 2022, she introduced the American Teacher Act, which was referred to the House Committee on Education and Labor, but fell short of making it to the House floor for a vote. Wilson and Rep. Jamaal Bowman (D-NY) reintroduced the legislation in the House following President Biden’s call for public school teacher raises in his State of the Union Address. Forty-seven other members of Congress are co-sponsoring the bill (HR 9566). Read more about the reintroduced bill here.

Ending ‘Government-Run Monopoly’ on Schools Is Top Priority for Rep. Virginia Foxx

Republican lawmakers, including House Education and the Workforce Committee Chair Virginia Foxx (R-NC), have made parental rights in education a top priority after assuming control of the U.S. House. Foxx plans to support school choice policies that send public funds to private schools and bills that promote parental rights. Read more about Foxx’s K-12 priorities in Education Week. (Subscription required)

Senate Judiciary Committee Examines Children’s Online Safety

On Feb. 14, the Senate Judiciary Committee held a hearing, “Protecting Our Children Online.” The hearing examined the impact of large technology and social media companies’ products on school-aged children. Notably, concern over this issue was bipartisan, with Chairman Dick Durbin (D-IL) and Ranking Member Lindsey Graham (R-SC), along with their colleagues, emphasizing their shared concerns regarding these issues. Witnesses testified about the impact that social media platforms, in particular, are having on children and encouraged lawmakers to consider legislation to address the negative impacts on young people.

See the attached PDF for a summary of the hearing. A video archive of the hearing is here.

Selected Education-Related Bills Recently Introduced

• H.R.1050 — 118th Congress (2023-2024) To direct the Secretary of Education to make grants for the purpose of increasing access to data literacy education, and for other purposes. Sponsor: Stevens, Haley M. [Rep.-D-MI-11]
• S.410 — 118th Congress (2023-2024) A bill to authorize a Federal report and longitudinal study regarding the effects of social media on users under age 18. Sponsor: Hawley, Josh [Sen.-R-MO]
• S.395 — 118th Congress (2023-2024) A bill to amend the Children's Online Privacy Protection Act of 1998 to give Americans the option to delete personal information collected by internet operators as a result of the person's internet activity prior to age 13. Sponsor: Durbin, Richard J. [Sen.-D-IL]

• S.394 — 118th Congress (2023-2024) A bill to promote digital citizenship and media literacy. Sponsor: Klobuchar, Amy [Sen.-D-MN]

Administration Update

Biden Signs Order to Enhance Racial Equity and Support for Underserved Communities

A recent Executive Order from President Biden stated the administration’s priorities on enhancing racial equity and support for underserved communities through the federal government, including provisions for advancing educational priorities. Read more here.

USED Announces Over $188 Million for Mental Health and Wellness

The U.S. Department of Education (USED) announced awards of more than $188 million across grantees in over 30 states to increase access to school-based mental health services and to strengthen the pipeline of mental health professionals in high-needs districts. With funding provided by the Bipartisan Safer Communities Act (BSCA), these investments help advance President Biden’s Mental Health Strategy. Read more about the grant and student mental health priorities here.

USED Announces Grants to Enhance Diversity and Address Teacher Shortage

The U.S. Department of Education (USED) announced its first-ever awards, totaling over $18 million, for the Augustus F. Hawkins Centers of Excellence Program grants to increase high-quality teacher preparation programs for teachers of color, strengthen the diversity of our teacher pipeline, and address teacher shortages. Read more about the grant program and its awardees here.

USED Hosts Raise the Bar Convening
Late last week, the U.S. Department of Education (USED) hosted its fifth and final “Raise the Bar” convening to engage with the education community regarding ways to advance the Department’s vision for education this year. The virtual convening featured work underway in Minnesota to develop public-facing dashboards to track learning recovery and related pandemic spending. The convening also included discussions on how states, districts, and schools have approached learning recovery and how to recover from other impacts of the pandemic.

Family Engagement Partnership Announced

The U.S. Department of Education (USED) recently announced a new partnership initiative with the Carnegie Corporation of New York and the Overdeck Family Foundation to expand and support family engagement efforts. As part of the new engagement, the partnership will deliver a learning series aimed at helping education leaders and other stakeholders implement best practices related to family engagement that are evidence-based and support wider student success.

Grants Available to Improve Outcomes for Individuals with Disabilities

The U.S. Department of Education’s Office of Special Education and Rehabilitative Services is now accepting applications for new awards for fiscal year (FY) 2023 for Development of Innovative Technology Tools or Approaches to Improve Outcomes for Individuals with Disabilities.

The program focuses on “(1) promoting the development, demonstration, and use of technology; (2) supporting educational activities designed to be of educational value in the classroom for children with disabilities; (3) providing support for captioning and video description that is appropriate for use in the classroom; and (4) providing accessible educational materials to children with disabilities in a timely manner.” The estimated available funds for this program total $2,000,000, contingent upon the availability of funds and the quality of applications. Applications are due by April 14, 2023, and further information is available here.

U.S. Teen Girls Experiencing Increased Sadness and Violence
Released Feb. 13, new data from the Centers for Disease Control and Prevention (CDC) finds that nearly 3 in 5 (57%) U.S. teen girls felt persistently sad or hopeless in 2021 — double that of boys, representing a nearly 60% increase and the highest level reported over the past decade.

“High school should be a time for trailblazing, not trauma. These data show our kids need far more support to cope, hope, and thrive,” said Debra Houry, M.D., M.P.H., CDC’s Chief Medical Officer and Deputy Director for Program and Science. “Proven school prevention programs can offer teens a vital lifeline in these growing waves of trauma.”

February 10, 2023 (Archives)

Congressional Update

President Biden Delivers State of the Union
On Feb. 7, President Joe Biden delivered the annual State of the Union (SOTU) address to a joint session of Congress. The speech focused on the President and Congress’s accomplishments over the last two years, including significant investments in schools and other domestic priorities, while also reiterating a need to “finish the job” in the 118^th Congress — a recurrent theme that the president returned to throughout the evening. During the speech, the president touched on a wide range of issues, including calling for the need to provide universal preschool for three- and four-year-olds, raising teacher salaries, highlighting the need for further mental health investments for students and schools, and calling on Congress to provide greater resources for connectivity while also urging action on stricter privacy and online protections for minors.

While the speech included a wide range of other topics, the president consistently highlighted the centrality of education as part of America’s ability to compete within the wider global economy. Notably, he touched on recent Career and Technical Education (CTE) initiatives saying, “Let’s finish the job, and connect students to career opportunities starting in high school, provide access to two years of community college, the best career training in America, in addition to being a pathway to a four-year degree. Let’s offer every American a path to a good career, whether they go to college or not.”

Reinforcing the Biden Administration’s growing interest in CTE, U.S. Secretary of Education Miguel Cardona visited high school career academies in Omaha, Nebraska, the following day to discuss students’ experiences in these programs. A full transcript of the SOTU address can be accessed here.

House Education Committee Hosts First Hearing
The newly renamed House Education and the Workforce Committee, Chaired by Rep. Virginia Foxx (R-NC), held its first hearing this week titled, “American Education in Crisis.” Witnesses included Virginia Gentles, Director of the Education Freedom Center at the Independent Women’s Forum; Colorado Governor Jared Polis; Scott Pulsipher, the President of Western Governors University; and Monty Sullivan, the President of the Louisiana Community and Technical College System.

The hearing was intended to highlight aspects of the committee’s likely agenda over the next year ranging from K-12 and postsecondary education to workforce development. During the hearing, several K-12 topics were discussed at length, including parents’ rights, the role of gender identity in the classroom, school choice, teachers unions, learning recovery from the pandemic, and an examination of how pandemic aid dollars for education were used.

See attached for a summary of the hearing. Archived video and witness testimony are available at https://edworkforce.house.gov/calendar/eventsingle.aspx?EventID=408802.

Boosting ‘Pathetically Low’ Teacher Pay Is Top of Mind for Bernie Sanders
Restoring respect for the nation’s teachers and boosting their pay so starting salaries aren’t “pathetically low” are top of mind for Sen. Bernie Sanders (I-VT) as he prepares to take over the Senate committee that oversees education. More on Sanders’ priorities can be found here. (Subscription Required)

Congress Expands Scrutiny of Junior R.O.T.C. Programs
Congressional leaders have expanded their scrutiny of the military’s Junior Reserve Officers’ Training Corps program, asking for information about the program’s enrollment practices, curriculum, and sponsor relationships with the National Rifle Association. Read more here.

Selected Education-Related Bills Recently Introduced

• H.R.863 — 118th Congress (2023-2024) To amend title 18, United States Code, to prohibit a publishing house from knowingly furnishing sexually explicit material to a school or an educational agency, to prohibit Federal funds from being provided to a school that obtains or an educational agency that distributes sexually explicit material, and for other purposes. Sponsor: Mills, Cory [Rep.-R-FL-7]
• S.301 — 118th Congress (2023-2024) A bill to amend the Internal Revenue Code of 1986 to allow a credit against tax for qualified elementary and secondary education tuition. Sponsor: Rubio, Marco [Sen.-R-FL]
• S.275 — 118th Congress (2023-2024) A bill to require the Federal Communications Commission to establish a vetting process for prospective applicants for high-cost universal service program funding. Sponsor: Capito, Shelley Moore [Sen.-R-WV]
• H.R.845 — 118th Congress (2023-2024) To amend the Elementary and Secondary Education Act of 1965 to create a demonstration project to fund additional secondary school counselors in troubled title I schools to reduce the dropout rate. Sponsor: Sánchez, Linda T. [Rep.-D-CA-38]
• H.J.Res.28 — 118th Congress (2023-2024) Expressing support for designation of the week of February 6, 2023, through February 10, 2023, as "National School Counseling Week". Sponsor: Sánchez, Linda T. [Rep.-D-CA-38] (
• H.R.821 — 118th Congress (2023-2024) To require providers of social media platforms to prohibit children under the age of 16 from accessing such social media platforms, and for other purposes. Sponsor: Stewart, Chris [Rep.-R-UT-2]
• H.R.819 — 118th Congress (2023-2024) To amend the Richard B. Russell National School Lunch Act with respect to the types of milk offered under the school lunch program, and for other purposes. Sponsor: Stefanik, Elise M. [Rep.-R-NY-21]

Administration Update

USDA Proposes Revisions to Child Nutrition Programs

In a Federal Register notice dated February 7, 2023, Child Nutrition Programs: Revisions to Meal Patterns Consistent with the 2020 Dietary Guidelines for Americans, the U.S. Department of Agriculture (USDA), Food and Nutrition Service, proposed key regulatory revisions to the agency’s child nutrition programs.

“Many children aren’t getting the nutrition they need, and diet-related diseases are on the rise. Research shows school meals are the healthiest meals in a day for most kids, proving that they are an important tool for giving kids access to the nutrition they need for a bright future,” USDA Secretary Tom Vilsack said in a press release as part of the announcement.

USDA based the changes on the Dietary Guidelines for Americans, 2020-2025 and incorporated feedback from a recent stakeholder engagement campaign. According to the Notice of Proposed Rulemaking (NPRM), the proposed changes put “children’s health at the forefront while also ensuring that the nutrition standards are achievable and set schools up for success.” The proposed revisions include the following:

• New added sugars standards: The rules would propose limits for leading sources of added sugars in both the school lunch and breakfast programs and would provide for a weekly limit of adding sugars to less than 10% of calories per week.
• Reducing school meal sodium: The rules would reduce the weekly school meal sodium limits gradually.
• Strengthen the Buy American provisions: These rules would clarify and strengthen the Buy American provision in school meal programs in response to complaints that the current provisions are ambiguous and lack specificity.
• Long-term milk standards: The USDA offers two proposals here — under the first, milk would be limited in grades K-8 to a variety of unflavored milk. The second would maintain the current requirements allowing all K-12 schools to offer fat-free and low-fat, flavored, and unflavored.
• Whole grain standards: The USDA also offers two proposals: (1) the USDA would maintain the current requirement specifying that 80% of grains must be whole grain-rich; or (2) require all grains to meet the whole grain-rich requirement but provide for enriched grains to be offered on one school day per week.

In addition to the proposed changes listed above, the NPRM proposed changes to school meal requirements, such as menu planning options for American Indian and Alaska Native Students; changes to afterschool snack requirements; substituting vegetables for fruits at breakfast; crediting nuts and seeds; flexibility in hiring requirements and other technical corrections; among others.

Public comments must be received by April 10, 2023. Instructions for submitting comments are available here. If you have any questions about the proposed policy changes or rulemaking process, please contact Andrea Johnson (Aunie.Johnson@FLPAdvisors.com). USDA estimates that the final rule will be issued prior to the 2024-2025 school year.

Education Secretary Asks Education Leaders to Help “Raise the Bar”

On Feb. 6, U.S. Secretary of Education Miguel Cardona sent a letter to education leaders outlining his priorities for the Education Department and asking education leaders to “join forces” to raise the bar for students across the country.

The letter repeats the three priorities Cardona shared during his “Raise the Bar: Lead the World” speech on Jan. 24: achieving academic excellence for all children; boldly improving learning conditions; and creating pathways for global engagement.

Cardona said he would follow up “in the coming weeks” with links to specific strategies and available grant funding streams. He wrote that the American Rescue Plan (ARP) and the Bipartisan Safer Communities Act “provided a significant down payment on transformational change in education,” but he also acknowledged that those funds alone are insufficient. Read the attached letter, which includes contact information for education leaders seeking additional information or follow-up meetings.

Special Education Discretionary Grants Now Available
The Office of Special Education and Rehabilitative Services invited applications for the Technical Assistance and Dissemination to Improve Services and Results for Children with Disabilities – Center on Dispute Resolution. This program seeks to promote academic achievement and improve results for children with disabilities. The absolute priority for this program will fund an agreement to establish and operate a Center on Dispute Resolution, which will provide technical assistance to support dispute resolution options, including methods of dispute resolution required under IDEA and early resolution practices. The estimated available funds for this project total $750,000, contingent on the availability of funds and quality of applications. Applications are due by April 4, 2023, and further information is available here.

Education Leaders Laud Federal Funding for Ed Research
According to a blog post from the American Educational Research Association, legislation signed by the President late last year adds $70 million in annual funding for the Institute of Education Sciences, the Department of Education’s nonpartisan arm for statistics, research, and evaluation, as part of the $1.7 trillion government funding bill known as the omnibus package. Of the additional $70 million, $40 million is devoted to researching instructional methods and tools to address challenges like K-12 learning loss that occurred during COVID-19. More on the funding can be found here.

FRAC Receives $2 Million Grant from U.S. Department of Agriculture to Support Equitable Access to Child Nutrition Programs
The Food Research & Action Center (FRAC) has announced it has been awarded a $2 million grant from the U.S. Department of Agriculture (USDA) to conduct and support research on expanding equitable access to federally funded child nutrition programs. More on the funding can be found here.

Healthy Meals Incentives Recognition Awards for SFAs
USDA’s Food and Nutrition Service (FNS) is working together with Action for Healthy Kids to provide Healthy Meals Incentives Recognition Awards for School Food Authorities (SFAs) participating in the National School Lunch Program (NSLP) and/or School Breakfast Program (SBP). More on the awards can be found here.

January 27, 2023 (Archives)

Congressional Update

118^th Congress Continues to Take Shape
Earlier this week, both the House and the Senate reconvened after recessing for the recent Martin Luther King Jr. holiday. Lawmakers in the House continued to make important decisions related to committee assignments this week, which will have lasting impacts on K-12 education funding and policymaking for at least the next two years.

Of particular note, House Republicans announced that Rep. Robert Aderholt (R-AL) will lead the House Appropriations Labor, Health and Human Services, and Education Subcommittee — the body that determines the U.S. Department of Education’s budget and related programs. In addition, Republicans have named new members to this committee, as have Democrats, but neither party has assigned members to specific subcommittees.

Elsewhere, House Republican Leadership announced that the newly renamed House Education and Workforce Committee will be smaller in size than previous Congresses. Led by Chair Virginia Foxx (R-VA), the committee will include the following Republican members this Congress—listed in order of seniority: Joe Wilson (SC-02); Glenn Thompson (PA-15); Tim Walberg (MI-05); Glenn Grothman (WI-06); Elise Stefanik (NY-21); Rick Allen (GA-12); Jim Banks (IN-03); James Comer (KY-01); Lloyd Smucker (PA-11); Burgess Owens (UT-04); Bob Good (VA-05); Lisa McClain (MI-09); Mary Miller (IL-15); Michelle Steel (CA-45); Kevin Kiley (CA-03); Aaron Bean (FL-04); Eric Burlison (MO-07); Nathaniel Moran (TX-01); John James (MI-10); Lori Chavez-DeRemer (OR-05); Brandon Williams (NY-22); and Erin Houchin (IN-09).

House Democrats have yet to provide a list of members who will be on the committee this year, although leadership recently confirmed that Rep. Robert “Bobby” Scott (D-VA) will serve as Ranking Member.

In the Senate, committee assignments are still being determined. A needed “organized resolution” is the next step in the process within the Senate, but Senators have not yet moved forward with this procedural requirement.

As Congress works to organize, NSBA’s advocacy team will continue to monitor these developments and engage with policymakers as the new 118^th Congress continues to take shape.

House GOP Looks To Expand Education Savings Accounts to Cover Private Schools, Homeschooling

House Republicans are introducing legislation that would expand 529 education savings plans so that money saved under these plans could be applied to all grade levels, including for private and homeschooled students. More on the legislation can be found here.

Sen. Scott, Colleagues Introduce National School Choice Week Resolution

U.S. Senators Tim Scott (R-SC), Congressional School Choice Caucus co-chair, and Dianne Feinstein (D-CA), recently introduced a resolution designating Jan. 22-28, 2023, as National School Choice Week. More on the resolution can be found here.

Read the approval letter.

Selected Education-Related Bills Recently Introduced

• H.R.463 — 118th Congress (2023-2024) To have education funds follow the student. Sponsor: Good, Bob [Rep.-R-VA-5]
• H.R.452 — 118th Congress (2023-2024) To amend the Elementary and Secondary Education Act of 1965 to allow parents of eligible military dependent children to establish Military Education Savings Accounts, and for other purposes. Sponsor: Banks, Jim [Rep.-R-IN-3] (Introduced 01/24/2023)

Administration Update

Secretary Cardona Lays Out USED Priorities
In a major speech on Jan. 24, U.S. Secretary of Education Miguel Cardona outlined his vision for the U.S. Department of Education (USED) for the coming year. The speech entitled “Raise the Bar: Lead the World” highlighted several priority areas for the department this year, including efforts to boost academic excellence, improve learning conditions, and create more pathways to opportunities for learners.

Significantly, Secretary Cardona highlighted the importance of Career and Technical Education (CTE) saying, in part, “We must challenge our myopic view that emphasizing the importance of career pathways is about limiting students, or the view that it’s four-year-college or bust. Advancing career pathways in high schools is about more options for students, not less. What it does is prepare them for the careers of today with options, and in some cases, their employer will pay for their future education. If we do this well, our graduates will be able to compete on a global stage. It’s my intention to Raise the Bar so we can lead the world in advanced career and technical education.”

Secretary Cardona’s full remarks can be found here.

USED Outlines How Schools Can Use Federal Funds to Sustain Tech Programs

In a Jan. 25 letter to K-12 leaders, Roberto Rodríguez, the assistant secretary for planning, evaluation, and policy development at the U.S. Department of Education (USED), emphasized that any tech investments made with federal dollars need to be part of a broad strategy to bolster teaching and learning.

USED Webinar Shares Risks, Solutions for Teen Fentanyl Use

The U.S. Department of Education (USED) recently hosted a webinar — the first of two focusing on fentanyl dangers and solutions — targeted to state and district education leaders, school administrators, student support personnel, educators, parents, and education stakeholders. More on the webinar can be found here.

FDA Asks Experts to Review Seafood Safety for Children Through Health Equity Lens

Recognizing the cultural significance of seafood varies among different groups of Americans, the U.S. Food and Drug Administration (FDA) has asked an expert panel to consider health equity and environmental justice issues in their review of children’s exposure to toxins from seafood. More on the FDA’s panel can be found here.

USED Awards Over $35 Million for Grants to Support Cradle-to-Career Solutions in High-Needs Communities

The U.S. Department of Education (USED) recently announced new awards totaling more than $35 million for the Promise Neighborhoods and Project Prevent grant programs. Promise Neighborhoods grants provide coordinated support services and programs to students from low-income backgrounds at every stage of their education, from early childhood through their careers. More on the funding can be found here.

USDA Invests $25M to Expand Healthy Incentives in SNAP

The U.S. Department of Agriculture’s (USDA) Food and Nutrition Service (FNS) is improving access to fruits and vegetables by expanding the Supplemental Nutrition Assistance Program’s healthy incentive initiatives. This year, FNS will select up to three states to receive funding and support to run an Electronic Healthy Incentives Pilot, or eHIP, for SNAP participants in their state, according to a news release. More on the incentives can be found here.

USED Announces 2023 Presidential Scholars Slate of Candidates

Recently, the U.S. Department of Education (USED) announced 5,000 students who were named as candidates to become U.S. Presidential Scholars — an initiative that annually recognizes 161 high school seniors for academic, technical, and artistic achievements. A panel of educators and experts will review these candidate nominations and, using a variety of criteria including transcripts, test scores, and portfolios of work, narrow down the list to approximately 600 semifinalists later this spring. Ultimately, the commission will select the final 161 U.S. Presidential Scholars for the upcoming 59^th cohort in the program’s history, expected to be announced this  May. More information on the program can be found here.

CISA Publishes K-12 Cybersecurity Report and Toolkit

On Jan. 24, the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA) published a long-awaited report, “Protecting our Future: Partnering to Safeguard K-12 Organizations from Cybersecurity Threats.” Congress directed CISA to write the paper through passage of the K-12 Cybersecurity Act. The report provides a number of recommendations for K-12 education leaders, including investing in cybersecurity measures, recognizing and actively addressing resource constraints, and focusing on collaboration and information-sharing. CISA also has provided a toolkit to provide additional support to education leaders seeking to implement these recommendations.

Office of Indian Education Accepting Applications for Formula Grants to LEAs
The Office of Indian Education Formula Grants program supports the development and implementation of elementary and secondary school programs that serve Indian students through grants to Local Educational Agencies (LEAs), Indian Tribes and organizations, and other eligible entities. These funds must support “comprehensive programs that are designed to meet the unique cultural, language, and education needs of American Indian and Alaska Native (AI/AN) students and ensure that all students meet challenging State academic standards.” The estimated available funds for this program total $110,381,000. Part I of the application is due by March 10, 2023, and Part II is due by May 12, 2023. Further information on this grant program is available here.

Fulbright-Hays Group Projects Abroad Program Now Accepting Grant Applications
The Fulbright-Hays Group Projects Abroad program provides for the study of modern foreign languages and area studies in the United States, which includes providing opportunities for faculty, teachers, and students to conduct group projects overseas. This can include (1) short-term seminars, curriculum development, or group research or study; or (2) long-term advanced intensive language programs. For fiscal year 2023, the Administration has requested $8,811,000 for awards for the Fulbright-Hays Overseas program — the Department intends to use an estimated $3,717,000 for this competition. Applications are due by March 27, 2023, and further information is available here.

USED Approves Short-Term Changes to Maryland’s ESEA Consolidated State Plan

The U.S. Department of Education (USED) published Elementary and Secondary Education Act (ESEA) consolidated state plan amendments that states submitted using the COVID-19 State Plan Addendum for the 2021-2022 school year. The Department recently approved Maryland’s state plan addendums.

January 20, 2023 (Archives)

Congressional Update

Congress Remains on Recess
This week both chambers of Congress remained on recess in recognition of the Martin Luther King Jr. holiday. Lawmakers are expected to return next week to continue organizing the House and the Senate, including expected announcements regarding assignments to committees with jurisdictional responsibility for K-12 education policymaking, including the House Education and the Workforce Committee and the Senate Health, Education, Labor, and Pensions (HELP) Committee.

Additional clarity also is expected in the coming weeks ahead regarding the specific lawmakers who will have responsibility for overseeing K-12 education funding through the Appropriations Committee. Recently, House Republicans announced that Rep. Robert Aderholt (R-AL) will lead the House Appropriations Labor, Health and Human Services, and Education Subcommittee-the entity with direct oversight over the U.S. Department of Education's budget and related programs. In the Senate, comparable committee leadership details are still forthcoming.

As Congress works to organize, NSBA's advocacy team will continue to engage with partners on Capitol Hill to ensure school boards' perspectives and policy recommendations are prioritized in the new 118th Congress.

'DARPA for Education' Is a Good Start. Now, Congress Must Do More
In a recent opinion piece for The 74, Dan Correra, CEO of the Federation of American Scientists, writes that the Fiscal Year 2023 Omnibus Appropriations recently passed by Congress plants the seeds for a foothold to establish a Defense Advanced Research Projects Agency - DARPA - for education.

The spending package directs the Institute of Education Sciences to pilot a DARPA-like program "to support a new funding opportunity for quick-turnaround, high-reward scalable solutions intended to significantly improve outcomes for students." The goal is to help address the massive COVID-19 learning disruptions experienced by schools and the longstanding achievement gaps impacting some of the nation's most vulnerable students through applied research and development. Read more here.

House GOP Introduces Bill Requiring K–12 Schools to Post Curricula Online
House Republicans have proposed legislation to require K–12 schools that receive federal funding to post their curricula online for the sake of transparency for parents. The bill would amend the Elementary and Secondary Education Act of 1965 to ensure that local education agencies "post the curriculum . . . on a publicly accessible website of the agency." The legislation is dubbed the "Curriculum Review of Teachings Transparency Act." More on the bill can be found here.

These Four Charts Explain Federal Fiscal 2023 K-12 Spending
When the final round of COVID-19 pandemic aid was passed, many had one question in mind: What would happen when the funding dried up? At the time, U.S. Secretary of Education Miguel Cardona advocated for a "sustained effort" even after the American Rescue Plan's Elementary and Secondary Emergency Relief Fund expired. Following that call, the Biden administration did, in fact, make ambitious requests in its Education Department budget proposals. The latest request to increase funding for K-12 received its answer in late December, when Congress passed appropriations for fiscal year 2023. More on the funding can be found here.

Budget Compromise Ditches Child Tax Credit, Increases Education Spend
The recently approved Fiscal Year (FY) 2023 spending bill required a series of compromises. In order to secure the minimum of ten Republican votes to avoid a filibuster in the Senate, Democrats were forced to abandon some priorities, including reauthorization of the Child Tax Credit, which successfully reduced child poverty. The FY 2023 appropriation includes an increase of $59 million for English language acquisition, to a total of $890 million. Special education is being allocated $15.5 billion ($934 million more than last year), including a $20 million increase for teacher preparation and professional development. Read more here.

Administration Update

USED Announces $63 Million for Community Schools, Publishes Best Practices Toolkit
On Jan. 18, the U.S. Department of Education announced that it was distributing $63 million in new funding for Full-Service Community Schools (FSCS) grants. These five-year grants will support a wide array of educational stakeholders, including local education agencies, states, and others, to establish or expand Community Schools-schools that collaborate with other entities to provide more holistic supports and services for students and families. The grants are intended to foster more of these partnerships in states and local communities where awards have been made. The announcement coincides with the release of a new toolkit from the Biden Administration, which highlights strategies and best practices regarding the establishment and expansion of Community Schools.

Grant Applications Now Accepted for Special Education Parent Information Centers Program
The Special Education Parent Information Centers grant program provides funding to assist parents of children with disabilities with training and information to help them improve outcomes for their children. The absolute priority for this grant program is "Technical Assistance for Parent Centers" -– funds will be used to establish and operate five parent technical assistance centers. The available funds for this program total $2,940,000, contingent upon the availability of funds and quality of applications. Applications are due by March 28, 2023. Further information is available here.

Biden White House Extends COVID Public Health Emergency Through April
The Biden White House announced that it is extending the COVID public health emergency for another 90 days following increased cases of the latest subvariant. The increased coronavirus, flu, and RSV cases have led to a growing number of schools and other locations returning to masking. Ann Arbor Public Schools in Michigan reintroduced a two-week mask mandate from January 9-20 following increased illnesses in December. Some schools in Massachusetts, New Jersey, and Pennsylvania also have returned to required indoor mask-wearing. Other school systems, such as Chicago Public Schools, asked students and staff to test themselves for COVID before returning to school. More on the public health emergency extensions' effect on schools can be found here.

Charter School Funding Remains Steady for Second Year Under Biden
Charter school funding has so far remained stable under the Biden administration, as requested by President Biden and approved by Congress, despite uncertainty about the then-incoming president's support for charter schools. During Biden's term, the U.S. Department of Education has requested and received $440 million from Congress for the Charter School Program grant every fiscal year. More on the funding can be found here.

Federal Government to Spend $35 Billion on Getting Kids Ready for School
The U.S. Departments of Education, Agriculture, and Health and Human Services will spend $35 billion preparing students to succeed in school as opposed to educating them. The Consolidated Appropriations Act of 2023 allocated $45 billion to the Department of Education for K-12 education, of which about $20 billion is designated for indirect educational activities, such as after-school programs, learning enrichment programs, and social and emotional learning. More on the news can be found here.

Selected Education-Related Bills Recently Introduced

• H.R.322 - 118th Congress (2023-2024) To modify the Federal TRIO programs. Sponsor: Davidson, Warren [Rep.-R-OH-8]
• H.R.305 - 118th Congress (2023-2024) To authorize the Secretary of Education to carry out a grant program to assist local educational agencies with ensuring that each elementary and secondary school has at least one registered nurse on staff. Sponsor: Wilson, Frederica S. [Rep.-D-FL-24]
• H.R.287 - 118th Congress (2023-2024) To amend the Elementary and Secondary Education Act of 1965 to ensure that local educational agencies applying for certain Federal education funds post the curriculum for elementary and secondary schools online, and for other purposes. Sponsor: Fitzgerald, Scott [Rep.-R-WI-5]
• H.R.271 - 118th Congress (2023-2024) To provide for greater accountability with respect to Federal activities and expenditures relating to COVID-19, and for other purposes. Sponsor: Estes, Ron [Rep.-R-KS-4]
• H.R.245 - 118th Congress (2023-2024) To establish a grant program for nebulizers in elementary and secondary schools. Sponsor: Jackson Lee, Sheila [Rep.-D-TX-18]

January 13, 2023 (Archives)

Congressional Update

McCarthy Elected Speaker of the House
Early Saturday morning, Rep. Kevin McCarthy (R-CA) was formally elected Speaker of the House after a tumultuous week that saw 14 failed vote attempts to elect a new leader for the chamber. Throughout last week, a small group of House Republicans withheld their support for McCarthy's Speakership bid leading to the week-long impasse. After providing a series of concessions to this group of lawmakers, some of which still have not yet been made public, McCarthy garnered most of this group's support while others voted present. This reduced the threshold he needed to win the Speaker's gavel. Some of the concessions could impact education funding for the coming year, including a promise McCarthy gave to these members to only advance appropriations legislation later this year at or below federal fiscal year 2022 (FY22) funding levels. With a narrow four-seat majority in the House, and with all Democratic lawmakers voting for Rep. Hakeem Jeffries (D-NY), this combination of handshake agreements and concessions provided the support McCarthy needed to secure the Speakership - a critically important leadership position that he has sought since 2015.

Rep. Virginia Foxx Chosen to Chair House Education and the Workforce Committee
On Jan. 9, House Republicans chose Rep. Virginia Foxx (R-NC) to return to the chairmanship of the House Education and the Workforce Committee - a position she held when Republicans last controlled the House. (The Committee was titled "Education and Labor" under Democrats and is once again "Education and the Workforce" under Republicans.)

In a press release, Chair Foxx outlined her agenda, noting that "Conducting vigorous and sustained oversight of the federal government, especially the Departments of Education and Labor, will be among my top priorities. We must stop this administration's reckless and destructive regulatory agenda." Her legislative and oversight agenda will be vastly different than that of Sen. Bernie Sanders (I-VT), the incoming chair of the Senate Health, Education, Labor, and Pensions (HELP) Committee. As with most committees, it doesn't seem likely that there will be much substantive bipartisan, bicameral legislation moving forward this Congress.

U.S. House of Representatives Adopts New Rules Package
On Jan. 10, the U.S. House of Representatives passed a rules package on a mostly party-line vote (the only Republican voting against it was Rep. Tony Gonzalez (R-TX)). The new set of rules includes many of the concessions Rep. Kevin McCarthy (R-CA) made to win over the 20 hard-right conservatives who initially refused to support his bid to become Speaker of the House. Among other things, the new rules make it easier to remove the Speaker and establish new investigatory committees. They also make it harder to raise taxes or spend federal money, among other significant changes. In addition to what is found in the new rules package, a number of other deals McCarthy struck have been reported and are expected to emerge in the coming weeks. It is worth noting that the new House rules do not ban earmarks, although the House could opt to do that later.

Of note to school districts, the rules package creates a Select Subcommittee on the Coronavirus Pandemic as part of the Oversight and Accountability Committee, replacing the Select Subcommittee on the Coronavirus Crisis. The panel's focus will include the effectiveness of federal relief and support programs - one of the areas where school district and state spending of ESSER dollars is expected to come under scrutiny. The panel also will likely focus on the societal impact of decisions to close schools, where remote learning is expected to be scrutinized.

NSBA is continuing to analyze these new rules and their potential impact on education funding and policymaking in the new Congress.

A Change in Federal Funding May Make the 'Homework Gap' Worse
A Jan. 10 article in Education Week notes that the fiscal year 2023 omnibus spending package approved in December does not contain any additional funding to continue the Federal Communications Commission's Emergency Connectivity Fund (ECF), even though there is still a lot of demand for it and even after dozens of education groups, including NSBA, asked lawmakers to continue funding it.

The fund was established during the pandemic to help schools and libraries provide their communities with tools for remote learning. Congress, through the American Rescue Plan Act of 2021, appropriated $7.2 billion for the program. So far, the FCC has doled out $6.5 billion, and the fund has helped millions of students and educators who didn't have access to broadband or digital devices at home.

Education advocates note that there is about $1.3 billion in demand for ECF funds, but only $600 million left to satisfy that demand, meaning that hundreds of millions of dollars worth of demand from school districts and libraries for ECF funds will go unfulfilled unless more money is allocated for the program.

Advocates hope that Congress will pass additional funding, whether through a stand-alone bill or as part of the fiscal year 2024 appropriations process, but it might be a steep hill to climb with a divided government. Alternatively, states and school districts could offer some patchwork funding to provide these services to their residents and students. However, a recent survey from the National Center for Education Statistics found that schools are winding down their efforts to supply students with home internet access, most likely driven by federal COVID-relief aid drying up. Read the article. (Subscription required)

Administration Update

ED Proposes New Income-Driven Repayment Plan for Student Loans
On Jan. 10, the U.S. Department of Education proposed regulations to create a new income-driven repayment plan that would cut monthly repayments in half for some students while simplifying the program. The department's press release and an accompanying fact sheet describe the proposed changes.

An NPR article offers behind-the-scenes details on how failed December negotiations led to a freeze for student aid administration for fiscal year 2023. It also examines how that funding freeze could impact the proposed income-driven repayment plan; restarting student loan payments after the pandemic pause; completing a multi-year plan to update student loan servicing; and proceeding with the department's plan for student debt relief if the Supreme Court rules that the plan is permissible.

Possible Changes Coming to SNAP Benefit Amounts in 2023
There are several changes that may affect SNAP household's benefit amounts over the coming months. The temporary boost to SNAP benefits put in place during the COVID-19 pandemic, known as emergency allotments, will end nationwide after the February 2023 issuance. In addition, households that receive SNAP and Social Security benefits will see a decrease in their SNAP benefits because of the significant cost of living increase to Social Security benefits that took effect on Jan. 1, 2023. For more information on these changes, please see the announcement from the U.S. Department of Agriculture.

Former Biden Campaign Spokesman Moving to Education Department
Kamau Marshall, a former chief campaign spokesman for Joe Biden's 2020 presidential campaign, moved from the U.S. Trade Representative to the Education Department. Marshall became a senior adviser to Education Secretary Miguel Cardona in the agency's office of communication and outreach. Marshall will focus on issues regarding kindergarten to 12th grade at the Education Department, as well as higher education and student debt relief and oversight. More on Marshall can be found here.

Here's the Education Department's Next Regulatory Agenda
The U.S. Department of Education unveiled sweeping regulatory priorities, pinning a publishing date for its final Title IX rule and announcing policy negotiations on such topics as accreditation and distance learning. The Biden administration's policy roadmap follows regulatory work over the last two years that largely moved to clamp down on for-profit institutions and bolster protections for student loan borrowers. As Congress remains gridlocked with a Democratic-controlled Senate and a wafer-thin Republican House majority, most substantial policy changes will likely stem from executive action. More on the agenda can be found here.

Selected Education-Related Bills Recently Introduced

• R.245 - 118th Congress (2023-2024) To establish a grant program for nebulizers in elementary and secondary schools. Sponsor: Jackson Lee, Sheila [Rep.-D-TX-18] (Introduced 01/10/2023)
• R.65 - 118th Congress (2023-2024) To amend part A of title I of the Elementary and Secondary Education Act of 1965 to allow States, in accordance with State law, to let Federal funds for the education of disadvantaged children follow low-income children to the public school, charter school, accredited private school, or supplemental educational service program they attend, and for other purposes. Sponsor: Biggs, Andy [Rep.-R-AZ-5] (Introduced 01/09/2023)
• R.174 - 118th Congress (2023-2024) To prohibit the provision of Federal funds to a labor organization the members of which are education professionals. Sponsor: Jackson, Ronny [Rep.-R-TX-13]
• R.201 - 118th Congress (2023-2024) To prohibit the provision of Federal funds to any State or local educational agency that denies or prevents participation in constitutionally-protected prayer in schools, and for other purposes. Sponsor: Rouzer, David [Rep.-R-NC-7]
• R.202 - 118th Congress (2023-2024) To provide for the elimination of the Department of Education, and for other purposes. Sponsor: Rouzer, David [Rep.-R-NC-7]
• R.216 - 118th Congress (2023-2024) To prohibit Federal education funds from being provided to elementary schools that do not require teachers to obtain written parental consent prior to teaching lessons specifically related to gender identity, sexual orientation, or transgender studies, and for other purposes. Sponsor: Van Drew, Jefferson [Rep.-R-NJ-2]

January 6, 2023 (Archives)

Congressional Update

Congress Passes End-of-Year Spending Package
Prior to the holiday season, the 117^th Congress struggled to agree on full-year funding legislation for the current 2023 federal fiscal year (FY23). This important legislation was the last remaining agenda item lawmakers needed to pass before the concluding the 117^th Congress. Just a few days before temporary funding legislation was set to expire, lawmakers released a $1.7 trillion omnibus spending package for the remainder of FY23 for all federal operations and programs like the Every Student Succeeds Act (ESSA). With the holidays fast approaching, lawmakers in both chambers quickly took up and passed this legislation on a bipartisan basis with the House voting for passage 225-201 and the Senate voting in favor of the package by a margin of 68-29. Shortly after these votes, President Biden signed the package into law (H.R. 2617).

The new law provides a $3.2 billion increase to the U.S. Department of Education’s budget — an approximately 4 percent increase over FY22 funding levels. Of significant note for school districts, the omnibus spending package provides $850 million in additional funding for ESSA Title I formula funds (a 4.8 percent increase); a $903 million increase in state grants under the Individuals with Disabilities Education Act (IDEA); $100 million in additional funding for Title IV-A Student Support and Academic Enrichment grants (a total increase of 7.8 percent), as well as a slew of other school board member funding priorities. NSBA’s advocacy team applauds this result and is looking forward to working with Congress this year to secure additional investments in K-12 education as part of the upcoming FY24 federal budget and appropriations process.

Also included in the omnibus spending package is permanent funding for a comprehensive approach to summer meals for children. Read more.

118^th Congress Begins Amidst Uncertainty
The newly elected members of the House and the Senate convened this week to formally begin the 118^th Congress. As a reminder, Democrats retained control of the Senate, increasing their slim majority to 51-49 this Congress, while Republicans took control of the House with a narrow majority of 222-213. In the Senate, the start of the new Congress was a short affair. Senators gathered throughout the day on Tuesday, Jan. 3, to swear in new members, formally name Sen. Patty Murray (D-WA) the president pro tempore of the Senate (as the second longest serving Democrat in the chamber) and attend to other logistical housekeeping items. Following these activities, the Senate recessed until Jan. 23.

In the House, however, efforts to formally begin the new Congress have been upended by the new majority’s inability to elect a new Speaker of the House. The presumptive front runner for this position, Rep. Kevin McCarthy, has been unable to garner the 218 votes required to become speaker. A small contingent of House Republicans, about 20 or so members, are opposing McCarthy. It remains unclear how or when these disagreements within the House Republican Caucus will be resolved. In the meantime, the House has not been able to convene formally for the 118^th Congress — including the swearing in of new members — because a speaker has not been elected. NSBA will continue to monitor these developments closely.

What to Know About Rep. Walberg’s Education Priorities
As head of the House Education and Labor Committee, Rep. Tim Walberg would expect to prioritize school choice, address learning loss, and bolster the rights of parents in education, according to the Michigan congressman's office. Walberg’s priorities are similar to those of Rep. Virginia Foxx, who is also vying for the post. They line up with the GOP’s “Commitment to America” agenda, and also put school choice and parental rights at the top of the list. The congressman’s office said that he would want to ensure that there is oversight on the administration’s actions on student loans, Title IX, pandemic-related school closures, and the use of COVID-19 funds. Student privacy protection is also on Walberg’s list. More on Walberg’s priorities can be found here.

Administration Update

President Biden Re-nominates Gigi Sohn to Serve as FCC Commissioner
For the last few years, the Federal Communications Commission (FCC), composed of five members, has been evenly split between Democratic and Republican appointees, with one seat remaining vacant. This vacancy has been open for some time due, in part, to the evenly divided Senate in the 117^th Congress. President Biden initially nominated Gigi Sohn to be the fifth member of the FCC in October 2021, but her nomination remained stalled in the Senate for a variety of reasons explored in greater detail here. On Jan. 3, President Biden renominated Sohn for this position. With a true majority in the Senate chamber this year, Democrats are expected to advance and ultimately approve Sohn’s nomination. This will likely provide Democrats with a majority at the FCC sometime in the future.

E-Rate Money for Cybersecurity? The FCC Is About to Get an Earful From Schools
As cyberattacks on schools grow increasingly disruptive and complex, the Federal Communications Commission (FCC) wants to hear what educators think about allowing schools to use federal E-rate funds to pay for more advanced internet security firewalls. The request for comment on that proposal — often the first step in revising the rules for federal programs — was posted on Dec. 14, and comments are due Feb. 13. The FCC is likely to get an earful from the K-12 community over the next two months, including some voices clamoring in favor of the proposal, and others who caution it may divert resources from the E-rate’s primary focus of connecting schools and libraries to the internet, without doing much to improve cybersecurity. More on the story can be found here.

Discretionary Grant Program Updates

The Office of Special Education and Rehabilitative Services invited applications for the following programs:

• Educational Technology, Media, and Materials for Individuals with Disabilities Program — National Center on Technology Systems in Local Educational Agencies — The Educational Technology, Media, and Materials for Individuals with Disabilities Program seeks to improve results for children with disabilities in a variety of ways. This discretionary grant program focuses on funding a cooperative agreement to create a National Center on Technology Systems in Local Educational Agencies (LEAs). This Center will assist LEAs by providing a framework to implement instructional and assistive technology systems that are comprehensive and sustainable. The estimated available funds for this program total $700,000 out of $29,547,000 requested funds for the ETechM2 program for fiscal year 2023. Applications are due by March 6, 2023, and further information is available here.
• State Personnel Development Grants — The State Personnel Development Grants program assists State Education Agencies (SEAs) with their personnel preparation and professional development programs, focusing specifically on early intervention, educational, and transition services for children with disabilities. This grant program has two absolute priorities: (1) Effective and efficient delivery of professional development; and (2) State Personnel Development Grants, which require submission of a state personnel development plan. The estimated available funds for this program total $12,891,338 out of $38,630,000 for the SPDG program for fiscal year 2023. Applications are due by March 6, 2023, and further information is available here.

New Year, New Title IX Regulations
Almost six months ago, the Biden administration released its proposed revisions to the Title IX regulations for public comment. Looking to reverse the changes made by the Trump administration, the proposed amendments broaden the definition of sexual harassment, eliminate the requirements for a live hearing and cross-examination and allow for a single individual to both investigate sexual misconduct complaints and determine guilt or innocence. Now that the public comment period has closed, the U.S. Department of Education will begin reviewing comments and drafting final changes. More on the proposed changes can be found here.

New Report Uncovers Cybersecurity Challenges Facing K-12 Schools
The Multi-State Information Sharing and Analysis Center (MS-ISAC) produced its first K-12 Report as a way for K-12 leaders to understand their cyber risk better and take decisive actions to mitigate it. The cybersecurity threat to K-12 schools is persistent, and the potential harm of cyber attacks threatens both the vital work of our education system and the data security of an entire generation of young Americans. Ransomware remains the most impactful cybersecurity threat to K-12 schools, often resulting in significant financial loss and taking schools offline for days. More on the report’s findings can be found here.

December 16, 2022 (Archives)

Murray, Durbin Introduce Legislation to Ensure Victims of Discrimination Can Seek Damages in Court Following Harmful SCOTUS Ruling

Last week, U.S. Senator Patty Murray (D-WA), Chair of the Senate Committee on Health, Education, Labor, and Pensions (HELP), and Senator Dick Durbin (D-IL), Chair of the Senate Judiciary Committee, introduced legislation to clarify that victims of discrimination can seek damages for emotional harm under federal law after the Supreme Court curtailed their ability to do so in its April ruling in Cummings v. Premier Rehab Keller. More on the bill can be found here.

Republicans agree on youth mental health crisis, but are split on solutions

In Congress, some Republican lawmakers are working on a bipartisan youth mental health bill and a few voted for a major school safety and mental health act. But the vast majority voted against the act and another recent mental health bill. More on the situation can be found here.

Talks over protecting Dreamers pick up in Congress, but agreement still elusive

In a last-minute push, U.S. senators are working on a bipartisan agreement to create a pathway to citizenship for undocumented people who were brought to the United States as children. U.S. Sens. Kyrsten Sinema, an Arizona Democrat, and Thom Tillis, a North Carolina Republican, are still in talks on a draft proposal that would create a pathway to citizenship for up to 2 million undocumented people, often referred to as Dreamers, who are either enrolled in the Deferred Action for Childhood Arrivals program or would qualify for it. There is no legislative text and no deal has been finalized, Tillis told reporters. More on the proposal can be found here.

What Congressional Funding Means for K-12 Schools

The U.S. Education Department this week released expanded guidance on how school districts can spending billions in Covid-relief dollars in the next two years, but stopped short of providing any further extensions on the deadlines for spending later rounds of Congressional funding. The 88-page document provides new and updated details on the rules for spending on construction projects, student mental health, chronic absenteeism, and other priorities that districts have identified as they spend down the unprecedented infusion of federal aid, most of it through the Elementary and Secondary School Emergency Relief (ESSER) fund. The department provides expanded suggestions for how to use the money to stabilize the educator workforce, including increasing compensation, building teacher pipelines, recruiting substitutes and expanding support for educators' well being. More on the announcement can be found here.

What would expanded child tax credits mean for K-12?

The debate over expanded child tax credits has resurfaced, with advocates citing mounting research showing a pandemic-era expansion's positive impact on child poverty to push for a permanent solution. The push comes as Democrats and Republicans negotiate a year-end deal that could revive such a measure. More on the expanded child tax credits can be found here.

Administration Update

Secretary Cardona Wraps-Up Meetings with Global Education Leaders in France

Last week, U.S. Secretary of Education Miguel Cardona traveled to France for the Organization for Economic Co-operation and Development (OECD) Ministerial summit on "Re-building an Inclusive and Equitable Society through Education.". "The OECD summit is a great opportunity for intentional collaboration with ministers of education from across the world. As we learned during the pandemic, the economic success of our countries depends on the educational opportunities provided to students in K-12 and beyond," said U.S. Secretary of Education. "We are focusing now on how to leverage the disruption from the pandemic to raise the bar in education. This is our opportunity to be bold and reimagine education in a way we never could before." More on the summit can be found here.

School kids should eat more fish, federal agency says

The Government Accountability Office is urging the U.S. Department of Agriculture to increase fish in school lunches. USDA agreed with the recommendation, saying by email that the Biden administration is "committed to ensuring nutrition security for all kids" and the department encourages school officials "to offer seafood to students as a healthy protein option recommended by the Dietary Guidelines for Americans." More on the story can be found here.

USDA and Social Security Administration Collaborate to Improve Nutrition Security through SNAP

The U.S. Department of Agriculture Food and Nutrition Service (FNS) and the Social Security Administration (SSA) recently announced a strengthened partnership to help connect Supplemental Security Income (SSI) and Supplemental Nutrition Assistance Program (SNAP) benefits. USDA and SSA's new joint agreement, or memorandum of understanding, will improve efficiency, helping to advance food and nutrition security and reduce the hurdles families face to obtain the government assistance they need. More on the partnership can be found here.

December 9, 2022 (Archives)

Congressional Update

Lawmakers Struggle to Find Agreement on FY23 Funding

This week, Congress continued to work on a number of important agenda items lawmakers hope to complete during the current lame duck session of Congress. Topping this list, is the need to fund the federal government and related programs beyond December 16—when current, stopgap funding legislation is set to expire. This legislation, known as a continuing resolution (CR), has provided level-funding for federal operations and programs, like the Every Student Succeeds Act (ESSA), at last year’s (FY22) levels for this period of time. At this time, lawmakers are still negotiating topline spending totals for the major components of the federal budget. As a reminder, discretionary spending is split between defense and non-defense funding. Democrats broadly favor additional non-defense spending, while Republicans are supportive of larger amounts of funding for the military.

This disagreement—over how much to allot for both of these spending categories—has remained the primary obstacle for Congress to advance full-year spending legislation needed to avert a government shutdown and lapse in appropriations for programs like ESSA. As this disagreement persists, lawmakers will likely be forced to pass another short-term extension of existing FY22 funding levels to provide themselves more time to negotiate a final deal. As these efforts continue, NSBA’s advocacy team will continue to engage with partners on Capitol Hill to impress upon lawmakers the importance of full-year funding and to encourage greater investments in K-12 education for the coming year.

Democrats Solidify New Senate Majority While Leadership Continues to Take Shape

As shared previously, the long-awaited midterm elections took place last month which resulted in Republicans retaking control of the House. While nearly all of these electoral races had been resolved, the Senate race in Georgia between Sen. Warnock (D-GA) and challenger Herschel Walker went to a runoff this week. Sen. Warnock (D-GA) has been declared the winner of this election, meaning Democrats will have a 51-49 majority in the Senate as part of the upcoming 118^th Congress. This majority will further solidify Democrats’ control of legislative and nomination processes, which were slowed down during the last two years because the chamber was evenly divided between the two parties.

Elsewhere Congressional leaders are continuing to make decisions regarding who will lead committees of jurisdiction in the coming Congress, including those that will oversee K-12 education policy next year. Of note, Rep. Virginia Foxx (R-NC) was granted a waiver by House Republican leadership recently to run to lead the House Education and Labor Committee next Congress. This waiver will allow Foxx to run for chair, but she is likely to be challenged by one or more other members vying for the position. NSBA will continue to monitor this and other developments as the 118^th Congress continues to take shape.

Lawmakers work to give students more access to mental health resources

Senators say there is a mental health crisis among our nation’s children. Lawmakers heard directly from students who say the problem is only going to get worse unless Congress steps in to provide students with the support they need. Louisiana Senator Bill Cassidy called on his colleagues to step up and pass the Mental Health Reform Authorization Act of 2022, which expired in September. More on the announcement can be found here.

Tech firms call on Congress to approve $1.9B in STEM ed funds

Fifty prominent chip companies and education institutions sent a letter urging Congress to fully fund STEM workforce and education provisions contained in the CHIPS and Science Act signed into law earlier this year. The letter, signed by Intel, AMD, Qualcomm, Micron, Texas Instruments, Analog Devices and others as well as the Semiconductor Industry Association, supports full funding of National Science Foundation STEM programs for fiscal 2023 at a previously authorized total of $1.93 billion. That $1.93 billion is roughly a $700 million increase over current appropriations proposals. More on the letter can be found here.

Administrative Update

USED Issues New STEM Guidance

On Wednesday,  December 6, the U.S. Department of Education (USED) sent a Dear Colleague letter to state educational agencies, local educational agencies, and other stakeholders providing information on how existing federal funds can be used to  support science, technology, engineering, and mathematics (STEM) education. The letter aims to provide guidance on using funds from the American Rescue Plan (ARP), as well as other relevant funding streams and legislation, to support innovative, equity-focused K-12 STEM education and related strategies. It also provides suggested examples and best practices for how to maximize the use of these resources. The letter goes on to emphasize the importance of STEM education in helping students recover from the COVID-19 pandemic and prepare them for a rapidly evolving labor market.

GAO Report on School Meals

Recently the Government Accountability Office (GAO) issued a report on the National School Lunch Program (NSLP) examining existing federal efforts around this program and providing recommendations for its improvement. Specifically, the report notes that federal dietary guidance recommends that children eat at least 4-10 ounces of seafood per week. Despite this recommendation, seafood only represents 1-2 percent of all animal proteins provided through the NSLP program in recent years. The report goes on to provide several recommendations for agencies to increase student access to seafood in a feasible manner. Read the report here.

Biden Administration makes $80M available to lower energy consumption of public schools

Applications are now open for local education agencies to apply for $80 million in energy improvement grants, the U.S. Department of Energy announced. The funding will focus on schools that qualify as rural and/or high poverty, the agency said. The funds can be used for energy efficiency projects such as building envelope improvements or HVAC system upgrades, renewable energy installations, alternative vehicles, and alternative fuel vehicle infrastructure improvements. More on the grant can be found here.

Biden-Harris Administration Announces Florida, Georgia, Iowa, Minnesota, Missouri and Utah to Receive Nearly $1 Billion in American Rescue Plan Funds to Increase Access to Affordable, High-Speed Internet

The U.S. Department of the Treasury announced the approval of broadband projects in an additional six states under the American Rescue Plan’s Capital Projects Fund Florida, Georgia, Iowa, Minnesota, Missouri and Utah. Together, these states will use their funding to connect more than 180,000 homes and businesses to affordable, high-speed internet. The Affordable Connectivity Program helps ensure that households can afford the high-speed internet they need for work, school, healthcare, and more by providing a discount of up to $30 per month (or up to $75 per eligible household on Tribal lands). More on the funding can be found here.

Department of Education, Department of Justice, and Department of Health and Human Services Release First Report to Congress as Part of the Interagency Task Force on Sexual Violence in Education

The Interagency Task Force on Sexual Violence in Education (Task Force), created by the Violence Against Women Act Reauthorization Act of 2022 (VAWA 2022 Reauthorization), presented its first report to Congress. As required by the VAWA 2022 Reauthorization, the report focuses on recruiting, retaining, and training the Department of Education's highly qualified workforce who investigate complaints and enforce Title IX of the Education Amendments of 1972 (Title IX) and section 485(f) of the Higher Education Act of 1965 (Clery Act). More on the report can be found here.

Deputy Education Secretary's Statement on Selection of Chief Information Officer Luis R. Lopez

U.S. Deputy Secretary of Education Cindy Marten issued the following statement on the selection of Luis R. Lopez as Chief Information Officer at the U.S. Department of Education, effective December 18, 2022: "I am very pleased to congratulate Luis R. Lopez on his appointment as Chief Information Officer at the U.S. Department of Education. He brings deep experience and proven skill in delivering information technology services in large and complex government organizations – and leading IT transformations that ensure those organizations continue to adapt effectively for the people they serve.…” More on Sec. Cardona’s statement can be found here.

Ed Department disbands National Parents and Families Engagement Council

The U.S. Department of Education announced it had “immediately and permanently” disbanded its newly formed National Parents and Families Engagement Council —  just months after a group of conservative activists filed a lawsuit against the department claiming the council lacked “balanced” perspectives. The lawsuit, filed in July, has now been dropped. More pressure mounted against the Education Department over its council last week after five Republican U.S. senators sent a letter to U.S. Education Secretary Miguel Cardona agreeing with points made in the lawsuit. More on the announcement can be found here.

Federal Investigation Finds Students With Disabilities Denied FAPE During Pandemic

The U.S. Department of Education’s Office for Civil Rights said last week that it has come to a resolution with the Fairfax County Public Schools in Virginia after the district fell short in meeting its obligations to provide a free appropriate public education, or FAPE, to thousands of students with disabilities when schools shifted to remote learning as COVID-19 emerged. In particular, the federal agency’s investigation found that Fairfax County schools reduced or limited services to students with disabilities for reasons other than their individual educational needs.  More on the investigation can be found here.

US Dept. of Agriculture: Seeks grant applications for distance learning and telemedicine program

U.S. Department of Agriculture (USDA) Rural Development Under Secretary Xochitl Torres Small announced that USDA is accepting grant applications for the Distance Learning and Telemedicine (DLT) program to help people in rural and tribal communities access remote education and health care resources. The DLT program helps fund real-time, interactive distance learning and telemedicine services in rural and tribal areas to increase access to education, training and health care resources that are otherwise limited or unavailable. More on applications can be found here.

U.S. Department of Education Launches New Initiative to Enhance STEM Education for All Students

The U.S. Department of Education (Department) will host the YOU Belong in STEM National Coordinating Conference in Washington, D.C. as a key initiative for the Biden-Harris Administration. The Raise the Bar: STEM Excellence for All Students initiative is designed to strengthen Science, Technology, Engineering and Mathematics (STEM) education nationwide. This new Biden-Harris Administration initiative will help implement and scale equitable, high-quality STEM education for all students from PreK to higher education—regardless of background— to ensure their 21st century career readiness and global competitiveness. More on the initiative can be found here.

November 18, 2022 (Archives)

Congress Begins Busy Lame Duck Session

Congress returned this week fresh on the heels of the mid-term elections to begin one of the busiest lame duck sessions in recent memory. Legislators will try to complete work on the fiscal year 2023 budget, including the Department of Education’s budget, by passing a massive government wide spending bill by December 16. If they are unable to complete the spending measure, they will have to pass another temporary funding bill to continue federal operations. In addition to this work, Congress is also working to complete the annual defense authorization bill, approve a marriage equality measure, pass electoral college count reforms, and approve additional natural disaster assistance. Even as they consider this list of priorities, Senate and House leaders are working to organize the 118^thCongress, including naming education committee chairs and members, which will begin next year with a Democratic majority in the Senate and a Republican majority in the House. NSBA will work closely with legislators in the coming weeks to ensure that local school board members appropriations priorities are appropriately funded.

Educators, Parents, Students Won Big in Historic Midterm Elections

Voters headed to the polls at historically high rates, and in key local, state, and federal races, they elected candidates who articulated a clear, positive message about public education. Overall, the election results demonstrate widespread support for public schools, many of which are dealing with the effects of the nationwide educator shortage. It was a relief to millions of educators and parents that many candidates espousing dangerous plans to hurt public schools, students, and the teaching profession were defeated. More on the midterms can be found here.

House cybersecurity education funding bill draws bipartisan support

A bill to create a $10 million fund for cybersecurity education, a response to rising digital threats, is drawing rare bipartisan cooperation in the House. Reps. Jim Langevin (D-RI) and Glenn Thompson (R-PA) recently introduced the Cybersecurity Skills Integration Act. The bill would distribute grants of up to $500,000 per year from the Department of Education to universities, trade schools, and other institutions that “incorporate cybersecurity education and prepare individuals to meet workforce needs in critical infrastructure sectors.” More on the bill can be found here.

Administration Update

A Proclamation on American Education Week, 2022

That is why my Administration fought so hard to pass the American Rescue Plan, which provided a historic $130 billion to help schools across the country reopen safely, tackle learning loss, boost teacher pay, increase mental health services, and expand afterschool and summer programs.  Since I took office, schools have hired 328,000 new educators and staff and increased the number of social workers, counselors, and school nurses on hand to support students. Meanwhile, the Bipartisan Infrastructure Law is investing historic amounts in our Nation’s roads, bridges, and communities. More on this proclamation can be found here.

DHS Sec. Mayorkas: Relationships, Not Tech, Central to Creating Safe Schools

Amid a surge in mass school shootings, districts nationwide have pumped more than $3 billion into school security. The Department of Homeland Security has endorsed “threat assessment,” a process where educators, mental health professionals and the police analyze a student’s behaviors and statements to determine if they, as Mayorkas put it, are “descending down a path towards violence.” Mayorkas fielded questions about the sharp uptick in mass school shootings, the botched police response in Uvalde, Texas, and a massive ransomware attack that targeted the Los Angeles Unified School District. More on Mayorkas’ interview can be found here.

Ed Department Wants Expedited Evaluations For Students With Disabilities Who Move

Guidance issued this month from the U.S. Department of Education spells out steps schools ought to be taking to ease the transition for “highly mobile children” in accessing special education services. This category incorporates a broad range of kids including those from military families, migrants, homeless as well as foster children. Education Department officials said that school districts should try to complete evaluations within 30 days, if possible, coordinating with other districts to quickly exchange relevant records and other information. More on the guidance can be found here.

U.S. Department of Education Launches New Initiative to Support Career-Connected Learning and Increase Job Pathways for Young Americans

Today, the U.S. Department of Education (Department) announced the launch of Raise the Bar: Unlocking Career Success, a new Biden-Harris Administration initiative supported by the Departments of Commerce and Labor to increase and expand access to high-quality training programs to help young Americans pursue jobs in today’s in-demand fields, and be prepared for careers of the future. With the support of the $120 billion dollars dedicated to K-12 education in the American Rescue Plan (ARP) and Perkins funding, the Administration is ensuring the next generation is building the skills necessary to fill high-paying jobs like those created by the Bipartisan Infrastructure Law and CHIPS and Science Act. As part of today’s launch, the Department is announcing $5.6 million dollars in Perkins funding for a new program to expand work-based learning opportunities for students and this morning will issue new guidance on how federal funds can be used to develop and expand career pathway programs, including Registered Apprenticeships. More information on the initiative can be found here.

USDA Invests $50 Million for Schools & Food Industry to Work Together to Strengthen School Meals

USDA’s Food and Nutrition Service today launched a new and innovative initiative for healthier school meals through a $50 million grant opportunity that will support collaboration with the food industry to develop nutritious, appetizing school meals for students. The request for grant applications opened today marks the second phase of USDA’s $100 million Healthy Meals Incentives Initiative. The initiative is designed to improve the quality of school meals by strengthening access to nutritious food products. More on this initiative can be found here.

NSBA Update

New CPE Report: Community Schools: A Strategy Focusing on Student Needs and Parent Engagement

The concept of community schools can be traced back to the early 20th century when industrialization, immigration, and urbanization were rapidly increasing, and public schools in cities were struggling to meet the social and civic needs of students from low-income families. In a new research brief, "Community Schools: A Strategy Focusing on Student Needs and Parent Engagement," NSBA’s Center for Public Education (CPE) conducted a literature review and briefly reported on the characteristics of community schools and how they engage parents and all stakeholders to improve student achievement and well-being. The announcement can be found here.

Early Bird Savings Deadline is Today for NSBA’s Advocacy Institute
The NSBA Advocacy Institute on Jan. 29-31 in Washington, D.C., will provide attendees with the latest developments in key education policy. Topics include district funding, parental rights and engagement, choice legislation, and teacher shortages. Don't miss the opportunity to champion the interests of public K-12 students, advocate for education priorities and federal policies, and network with colleagues from across the country. The early bird savings deadline ends today, Nov. 18—register now!

Education Secretary, NSBA, National PTA, and Others Host Town Hall on Parental Involvement
On Nov. 17, NSBA Executive Director and CEO John Heim joined U.S. Secretary of Education Miguel Cardona, National PTA President Anna King, and other education leaders in a virtual town hall to celebrate National Parent Involvement Day.

Town hall participants discussed the importance of parental involvement in schools and how PTA’s National Standards for Family-School Partnerships can enhance efforts to help children and communities thrive.

Heim noted that the National PTA’s “Collaborating with Community” standard may be of particular importance to school board members. He noted that the standard contains recommendations and goals focused on mapping community needs and assets; developing continuous feedback cycles with families, staff, and community leaders to evaluate the impact of strategic actions and address shifting priorities; and identifying the specific roles necessary for a community partnership to be successful.

“When I started my career in education, we thought collaborating was sending home a newsletter and bringing cookies and cupcakes,” Heim said. “I love cookies, but PTA’s standards show us a much better way. Remember, as a school board member, you help set the vision and imagine what effective family-school partnerships should look like in your communities. Parents are a critical part of that process.”

Video of the town hall is available at www.youtube.com/watch?v=ETsZInSiAYo.

November 11, 2022 (Archives)

The 2022 midterm elections were held on November 8th. Control of Congress remains up in the air. It appears Republicans may take over the House with a very narrow majority. Control of the Senate remains too close to call with the Georgia seat heading to a run-off. Democrats aren't likely to revive pushes for their big-ticket education proposals - like free community college or universal pre-K - in the waning weeks of this Congress during the lameduck session. However, education programs will be at stake as lawmakers hammer out a government funding package, one of their final major pieces of unfinished business for this year. The negotiations over a spending package to fund the government beyond the December 16th deadline will likely hinge on which party is expected to be in power come January. The funding package will determine how much spending various federal education programs receive for the remainder of the 2023 fiscal year. House and Senate appropriators have both proposed increases to K-12 and higher education programs, including a $500 boost to the maximum Pell Grant.

'Unacceptable': Lawmakers pursue reforms around restraint and seclusion in schools

In Congress, several lawmakers who serve on committees focused on education issues called for swift passage of long-stalled legislation that would set limits on schools' use of restraint and seclusion nationwide. Federal legislators also supported enhancing mental and behavioral health resources in schools and strengthening public reporting of cases. More on this legislation can be found here.

Administration Update

Biden administration expanding mental health services, personnel in schools

After more than two years of a pandemic that has interrupted the lives of millions of children -- many who have experienced loss and increased social isolation – the Biden administration is prioritizing the mental health crisis on the nation's youth. It is using funds allocated from the Bipartisan Safer Communities Act (BSCA), an anti-gun violence law passed this summer by Congress and signed by the President Joe Biden in June, to add more mental health services to schools. The administration's "historic funding" includes $1 billion to increase the number of school-based health professionals -- and ABC News first reported the Department of Education is granting more than $280 million in competitive grants to schools to beef up mental health staffing and recruitment programs. More information on the news can be found here.

Biden funds largest community air pollution monitoring program in EPA history

The Environmental Protection Agency on Nov. 3 announced $53.4 million in grants to fund 132 community air pollution monitoring projects in 37 states. The projects will be funded through legislation enacted by President Joe Biden: $30 million from the Inflation Reduction Act, which he signed into law on Aug. 16 of this year, and $20 million from the American Rescue Plan, which he signed into law in 2021. More on this announcement can be found here.

CYBER.ORG Range Announced Alongside Governor John Bel Edwards of Louisiana and Jen Easterly, Director of Cybersecurity and Infrastructure Security Agency (CISA) to Strengthen the Future U.S. Cybersecurity Workforce

Today, CYBER.ORG – a workforce development organization funded by Cybersecurity and Infrastructure Security Agency's (CISA) Cybersecurity Education and Training Assistance Program (CETAP) grant and an initiative of the Cyber Innovation Center (CIC) – alongside Governor John Bel Edwards of Louisiana and Jen Easterly, Director of CISA, announced that the CYBER.ORG Range, a no-cost, safe, virtual environment for K-12 students to learn cybersecurity skills, will be expanded to students nationwide. Initially funded by the state of Louisiana, the first-of-its-kind CYBER.ORG Range will be expanded by CISA through the CETAP grant to ensure that students in all 50 states have the skills and training needed to successfully enter the cybersecurity workforce. More on this initiative can be found here.

Fed's Education Research Board Is Back. Here's Why That Matters

Nearly six years after its last meeting, a national board that helps guide federally funded education research is poised to become active again. President Biden last week appointed 14 new members to the National Board for Education Sciences, which advises the Education Department's research agency. The newly reconstituted board returns to an Institute of Education Sciences that is strapped for cash and under pressure to help educators and policymakers make sense of how the pandemic has shifted education, as the field grapples with historically large drops in math and reading performance, rising student mental health needs, evaporating teacher labor pools, and evolving technology use in the classroom, among others. More on the announcement can be found here.

Halftime for the K–12 stimulus: How are districts faring?

The Elementary and Secondary School Emergency Relief Fund (ESSER)1 allocates $190 billion in federal funding to the nation's schools-an amount equal to roughly a quarter of the annual K–12 budget of $795 billion. But the funds must be fully obligated by September 2024, meaning the clock is ticking for districts to make the most of this opportunity. When allocating ESSER funding, districts are struggling to balance the immediate need to address these issues with longer-term priorities and investments, including those that were underfunded prior to the pandemic. More on ESSER funding can be found here.

The Biden-⁠Harris Administration Advances Equity and Opportunity for Black Americans and Communities Across the Country

The American Rescue Plan provided $130 billion to help elementary and secondary schools safely reopen and address the academic, social and emotional and mental health needs of all students, with funding set-aside to address the needs of students disproportionately impacted by the pandemic, including Black students. In addition to funding the implementation of COVID-19 protocols, these funds are being used to provide tutors, establish and expand summer and after-school programming, and provide a wide range of supports that address the needs of Black students. More on the White House's actions can be found here.

The Bureau of Indian Education's Website Promotes CASEL Social-Emotional Learning

The Bureau of Indian Education (BIE), a division of the U.S. Department of the Interior, promotes Collaborative for Academic, Social, and Emotional Learning's (CASEL) social-emotional learning, linking it to post-COVID-19 school re-openings. CASEL is an educational consultant who describes itself as a "trusted source for knowledge about high-quality, evidence-based social and emotional learning," known as "SEL." CASEL says it "supports educators and policy leaders and enhances the experiences and outcomes for all PreK-12 students." More on CASEL can be found here.

November 4, 2022 (Archives)

Congress Focuses on Next Week's Midterm Elections and Will Return Mid-Month

The 2022 midterm elections are set to be held next week, Nov. 8. Tight races across the country could tip the balance of power in Washington and in some state capitals. According to the latest polls, the GOP continues to build momentum toward a takeover of the U.S. House of Representatives. However, control of the U.S. Senate – which is currently split 50-50 with Vice President Kamala Harris as the deciding vote - remains a jump ball.

In Washington, D.C., both chambers of Congress remained in recess this week. Lawmakers will return to Washington, D.C. to resume debate regarding the federal fiscal year 2023 (FY23) appropriations process and other year-end priorities on Nov. 14 as part of the "lame duck" session of the current 117th Congress. NSBA expects this year-end session to continue until at least Dec. 16 when temporary federal funding legislation is scheduled to expire. Lawmakers must act before this time to ensure continuity of federal funding beyond this date.

Administration Update

GAO Releases Teacher Shortage Report

Late last week, the Government Accountability Office (GAO) published a new report examining the U.S. Department of Education's (USED) ongoing efforts to address nationwide teacher shortages. The report critically examines USED's efforts on this issue to date, questioning whether the appropriate timeframes and measures of performance are in place to adequately ensure success. Moreover, the report highlights that teacher shortages are predominantly found in western states, rural and urban communities, high-poverty communities, and in certain high-needs subject areas. The report goes on to emphasize the need for USED to tailor its approach to teacher shortages to address these specific needs in a clearer and more individualized manner. According to the report, USED neither agreed nor disagreed with these findings.

New Members Appointed to NCES Board

Recently, President Biden announced 14 new appointments to the National Board of Educational Sciences-the entity which oversees and advises the Director of the Institute of Education Sciences. Following this announcement, U.S. Secretary of Education Miguel Cardona released a statement saying, in part, "The experts appointed by President Biden to the National Board for Education Sciences are renowned scholars, nationally respected educators, and proven leaders who are dedicated to the academic success and well-being of students of all ages and backgrounds, and who share a commitment to educators, school leaders, and families."

CISA Funds Expanding Access to Cybersecurity Programs at HBCUs, K-12 Schools
Black communities across the U.S. are increasingly being targeted with an array of scams, attacks and disinformation campaigns, prompting several efforts to address the issue. One effort from workforce development organization CYBER.ORG is looking to kill two birds with one stone through an initiative called Project Reach – a feeder program created to recruit K-12 students to pursue undergraduate cybersecurity degrees and bolster the U.S. cybersecurity workforce. With the help of funding from the Cybersecurity and Infrastructure Security Agency (CISA), the program was built to address the more than 760,000 cybersecurity positions currently open and increase awareness about cybersecurity issues more generally. More on Project Reach can be found here.

Education Department Distributes Money for Middle, High School Student Engagement
The U.S. Department of Education is distributing $50 million to states to add or improve extracurricular, after-school and summer programming for middle and high school students, according to a letter sent to state education officers Thursday. The letter urged states to prioritize evidence-based practices for middle and high school student attendance and engagement in their next 21st Century grant requests. More on this announcement can be found here.

Thompson, Langevin re-introduce bill to strengthen cybersecurity education
On Monday, U.S. Representatives Glenn "GT" Thompson (R-PA) and Jim Langevin (D-RI), co-chairs of the Congressional Career and Technical Education (CTE) Caucus, re-introduced the Cybersecurity Skills Integration Act to mark the end of Cybersecurity Awareness Month. This bipartisan legislation seeks to create a $10 million pilot program within the Department of Education that will award competitive grants to career and technical education programs that integrate cybersecurity into their curricula. More information on the bill can be found here.

Biden Administration Unveils $1 Billion Effort to Electrify School Buses
Nearly 400 school districts across the United States, including in several Indigenous tribal lands, as well as in Puerto Rico and American Samoa, will receive around $1 billion to purchase new, mostly electric school buses as part of a Biden administration grant program. With the grant money, recipient school districts will be able to purchase nearly 2,300 electric buses, quadrupling the nation's current number. More on this news can be found here.

USDA Announces $23 Million for Schools to Buy Direct from Local Farmers
Federal and state officials announced Wednesday they have signed a cooperative agreement with California for more than $23 million to purchase products and foods from local farmers – to include producers in Solano and Yolo counties – to provide quality, nutritious school meals. The Local Food for Schools Cooperative Agreement Program gives the California Department of Education the ability to purchase and distribute local and regional foods and beverages for schools in the state to serve children through the National School Lunch and School Breakfast Programs. More on the grant can be found here.

National Endowment for the Arts Announces New Staffing Assignments
The National Endowment for the Arts (NEA) is pleased to announce staffing changes which will strengthen its position as a national resource and further the Agency's work in equity, access, and inclusion. The changes include the reassignments of two longtime NEA employees to newly created positions, effective Oct. 9, 2022. Ayanna Hudson, who has served as the acting deputy chair for programs and partnerships since Jan. 2021 and, previous to that, as NEA arts education director, will step into the new role of chief strategy, programs, and engagement officer. Jen Hughes, who has served as the director of design and creative placemaking, will assume the new position of senior advisor to the chair on partnerships, expansion, and innovation. More on NEA's new leadership can be found here.

NSBA Update

NSBA Asks Congress for $1 Billion in Additional Emergency Connectivity Funds

Last week, NSBA joined 65 education and related national organizations in a letter to congressional leaders asking for $1 billion in additional funds for the Emergency Connectivity Fund (ECF), which is administered by the Federal Communications Commission (FCC).

The letter notes that the FCC received requests for $2.8 billion in ECF funds during its final application window, which was more than double the amount remaining in the program. "Without additional funding, many of these requests will not be met, leaving millions of students disconnected at a time when learning loss and teacher shortages are leading concerns," the letter reads. The letter also includes examples of how the program is addressing the critical needs of schools and libraries across the country who are struggling to keep students, teachers, and library patrons connected in an increasingly digital world.

October 28, 2022 (Archives)

Congress Focuses on Midterms and Will Return Next Month

Both the Senate and House are currently only holding pro forma sessions until after the fast-approaching midterm elections take place on November 8th. Lawmakers will return to Washington, D.C. to resume debate regarding the federal fiscal year 2023 (FY23) appropriations process and other year-end priorities on November 14 as part of the "lame duck" session of the current 117th Congress. NSBA expects this year-end session to continue until December 16th when temporary federal funding legislation is scheduled to expire and could extend as far as December 24 before adjourning.

Administration Update

Nation's Report Card Shows Precipitous Drop in Academic Achievement

On Monday, October 24, the U.S. Department of Education's National Center for Education Statistics (NCES) published results from the National Assessment of Education Progress (NAEP). Known informally as the nation's report card, the NAEP is a nationally representative assessment that measures student academic achievement in grades 4 and 8 in core academic subjects such as reading, math, science and other fields of study. The results released this week illustrate troubling trends in student scores in math and reading between 2019 and 2022, with the majority of states reporting a decline in student achievement in these subject areas for learners at both grade levels and across socio-economic and other student subpopulations.

Reacting to the NAEP results, U.S. Secretary of Education Miguel Cardona said, in part, "The results released today from the National Assessment of Educational Progress are appalling, unacceptable, and a reminder of the impact that this pandemic has had on our learners. The data also represent a call to action for the important work we must do now for our students-especially those who have suffered the most during the pandemic."

GAO Examines School Dress Code Policy

This week the Government Accountability Office (GAO) published a report examining the impacts school dress code policies have on equity, safety, and student disciplinary practices. The report found that school dress code policies most often impact women, students of color, and LGBTQ students. Due to these disparate impacts, these subpopulations of students disproportionately experience higher rates of disciplinary actions resulting in lower academic achievement and higher drop out rates. The report was published in response to two separate Congressional requests from Rep. Bobby Scott(D-VA), Chair of the House Education and Labor Committee, and Reps. DeLauro (D-CT), Lee (D-CA), and Coleman (D-NJ). The full report can be accessed here.

USED Releases New CTE Data

On Tuesday, the U.S. Department of Education's Office of Career, Technical, and Adult Education (OCTAE) published performance and enrollment data from states' Consolidated Annual Report (CAR) submissions as part of the Carl D. Perkins Career and Technical Education (CTE) Act (Perkins V). These data, reflect student performance during the 2020-21 program year.  This is the first year that state performance data has been published since Perkins V was reauthorized in 2018. The data indicate a slight uptick in CTE enrollments, with 12 million CTE participants across the nation, including 8.3 million at the secondary level and 3.5 million at the postsecondary level. In addition, students "concentrating" in CTE had a graduation rate of 96%-- substantially higher than the national average. The full set of data can be found here.

GAO Releases K-12 Cybersecurity Report

On Monday, October 24, the Government Accountability Office published a new K-12 Cybersecurity Report titled ""Critical Infrastructure Protection: Additional Federal Coordination Is Needed to Enhance K-12 Cybersecurity".  The report makes three recommendations to the U.S. Department of Education and one to the U.S. Department of Homeland Security to improve coordination of K-12 schools' cybersecurity and to measure the effectiveness of products and services. USED agreed with one recommendation and partially concurred with the other two while DHS agreed with its recommendation. GAO continues to believe all recommendations are necessary for the safety and security of K-12 school networks moving forward.

Department of Energy Unveils School Infrastructure Grants

On Wednesday, October 26, the U.S. Department of Energy (DOE) announced $80 million in new funding availability to support K-12 schools in making needed infrastructure upgrades and related improvements. The funding was authorized as part of last year's American Rescue Plan which authorized a "Renew America's Schools" program and allotted $500 million for similar activities. K-12 schools, charter school boards, and local education agencies can all apply for this first tranche of funding ahead of a January 2023 application deadline. More information on the program can be found here.

Discretionary Grant Program Updates

The Office of Postsecondary Education invited applications for the following programs:

• Digital Learning Infrastructure and IT Modernization Pilot – The grants provided to HBCUs, TCUs, and other eligible MSIs through the Digital Learning Infrastructure and IT Modernization Pilot program support IT modernization and give these institutions opportunities to receive support and technical assistance in order to expand their digital learning infrastructure. Applicants for this program must "develop or enhance and implement digital learning infrastructure plans that address the leadership, human capital, instruction, and IT strategies" in order to improve the institution's "capacity to seamlessly expand learning and promote innovation that improves student outcomes." The estimated available funds for this program total $3,895,200 and are contingent upon the availability of funds and quality of applications. Applications are due by November 25, 2022, and further information is available here.

October 21, 2022 (Archives)

Congress Remains on Recess Ahead of Midterm Elections

Both the House and Senate are currently on an extended recess ahead of the upcoming midterm elections set to take place in early November. While the chambers are formally out of session, they are holding pro forma sessions during this time to continue committee-level work on a number of existing agenda items.

Federal lawmakers are scheduled to return to Capitol Hill after the midterms take place - a period of time known as the lame duck session of the current 117^th Congress. When legislators return, they are expected to continue to negotiate and work on forthcoming federal fiscal year 2023 (FY23) funding legislation which was recently extended on a short-term basis a few weeks ago. As these efforts get more fully underway, NSBA’s advocacy team will continue to work with partners in Congress to secure school board member funding priorities for formula education programs like the Every Student Succeeds Act.

Administration Update

USED Announces Cybersecurity Awards

As part of national Cybersecurity Career Awareness week, taking place over the course of the last few days, the U.S. Department of Education (USED) announced the 2022 recipients of the Presidential Cybersecurity Education Award—an honor given to two teachers annually for their efforts to prepare the next generation of cybersecurity professionals. First established in 2019, this year’s award was given to Benjamin Dougherty, of Lakota West High School in West Chester, Ohio, and Robert “Allen” Stubblefield, Jr., of Troy High School in Fullerton, California. More information regarding this announcement can be found here.

New Appointments for NAEP Oversight Board Announced

Late last week, U.S. Secretary of Education Miguel Cardona announced several new appointments to the National Assessment Governing Board—the entity that oversees the National Assessment of Educational Progress (NAEP), informally known as the nation’s report card. The board oversees the annual implementation of NAEP and helps provide strategic direction for this nationally representative assessment of student educational achievement and progress. The newest additions to the governing board include individuals representing parents as well as educators. More on the announcement can be found here.

USED Launches “YOU Belong in STEM” Initiative

The U.S. Department of Education (USED) recently announced a new initiative aimed at encouraging learners to explore and pursue pathways in the STEM fields. The effort pulls together a number of existing USED activities and related priorities highlighting various opportunities to promote STEM education for learners at both the K-12 and postsecondary levels. In the coming weeks, the Department intends to release additional guidance, technical assistance, and related information for how to deepen and expand on these efforts in the future.

Awards for Outstanding School Leadership Unveiled

Yesterday, the U.S. Department of Education (USED) unveiled the 2022 cohort of nine awardees who are set to receive the Terrel H. Bell Award for Outstanding School Leadership. This award is intended to highlight and elevate K-12 school principals who have demonstrated excellence in their profession. More about this awards program, including this newest cohort, can be accessed here.

FCC Releases Additional Connectivity Funds

On Wednesday, October 19, the Federal Communications Commission (FCC) announced another round of Emergency Connectivity Fund Program funding totaling nearly $78 million. Authorized by the American Rescue Plan, the ECF provides funding to schools and libraries to purchase broadband plans and devices for students, school staff, and library patrons and has been a key NSBA legislative priority since the pandemic. The funding commitments are from the first and third application windows and will benefit nearly 175,000 students from Delaware, Florida, Indiana, North Carolina, New Mexico, and Texas. 

October 14, 2022 (Archives)

Congressional Update

Congress Scheduled to Return to Washington in Mid-November
The Senate and House are currently only holding pro forma sessions until after the midterm elections. Legislators will return to Washington, D.C. to resume debate about the fiscal year 2023 appropriations process and other year-end priorities on November 14. NSBA expects the Lame Duck session to continue until at least December 16 when temporary federal funding legislation is scheduled to expire.

Administration Update

Department of Education Announces English Language Acquisition Awards
The Department of Education's Office of English Language Acquisition (OELA) announced awards of almost $120 million over five years to 44 entities under the National Professional Development Program (NPD) to support educators of English learner students. The NPD program provides grants to eligible Institutions of Higher Education and public or private entities with relevant experience and capacity, in consortia with states or districts, to implement professional development activities that will improve instruction for English Learners.

Department of Education Provides Glimpse of Loan Forgiveness Process

The Department of Education released a preview of the "Student Debt Relief Application". The application period will run from October 2022 through Dec. 31, 2023. NSBA encourages school boards to closely follow the Department of Education's loan forgiveness process and serve as a source of information to teachers and other school district staff they may qualify to have their federal education loans cancelled.

October 7, 2022 (Archives)

Congressional Update

Congress Passes Continuing Resolution

Since the spring, Congress has been unable to reach agreement on the 12 individual spending bills that fund federal government operations and programs, including the K-12 education programs authorized by the Every Student Succeeds Act (ESSA). Lacking this needed consensus, lawmakers in both chambers spent last week negotiating a continuing resolution (CR)-stop-gap legislation that simply extends current fiscal year 2022 (FY22) funding levels for a specific period of time. Earlier in the week, Senate Democrats published the text of a CR to extend current fiscal year 2022 (FY22) funding levels through mid-December. After clearing the Senate, the House quickly took up and passed this legislation late last Friday. Shortly thereafter, President Biden signed the measure into law.

The CR will extend current FY22 funding levels through December 16 when lawmakers will next need to act by either passing an additional funding extension at that time or completing work on a more comprehensive funding proposal for the federal government. The length of the CR is intended to provide Congress additional time to campaign ahead of the fast-approaching midterm elections this November. It is broadly hoped that when the outcomes of these elections become clearer, lawmakers will be able to reach consensus during the "lame duck" session of Congress.

As these efforts continue, NSBA will continue to work with lawmakers to secure robust funding levels for K-12 education programs, including ESSA, the Individuals with Disabilities Education Act (IDEA), and other school board member federal funding priorities.

Administration Update

USED Distributes Funding for School-based Mental Health

In the wake of several tragic mass shootings earlier this year, Congress passed the Bipartisan Safer Communities Act (S. 2938). The new law modestly tightened the nation's gun laws while investing significant new funding into K-12 education to support safer schools and mental health. On Monday, October 3, the U.S. Department of Education (USED) announced that it had published two grant funding opportunities as part of this legislation.

The first of these is the School-based Mental Health Services Grant program which will provide competitive grants to state (SEAs) and local education agencies (LEAs), along with consortia of these entities, to apply for funding to increase the number of school-based mental health services available to students. There is more than $144 million available for these grants. More information on how to apply, including related deadlines, can be found here.

The second grant announcement is related to the Mental Health Service Professional Demonstration grant program. This competitive grant program is intended to provide financial support to SEAs, LEAs, and postsecondary institutions to hire additional staffing capacity for similar purposes. Additional information regarding this initiative can be accessed here.

USED Announces New Magnet School Awards

On Wednesday, October 5, the U.S. Department of Education announced that it had made $117 million in new funding commitments as part of the Magnet Schools Assistance Program and a related Equity Assistance Center program. These grant initiatives are intended to develop and support magnet schools across the country, including by helping them attend to important issues of equity. More on the announcement can be found here.

FCC Makes New Connectivity Funding Commitments

The Federal Communications Commission announced $96 million in new Emergency Connectivity funding on Wednesday, October 5. These funds will support approximately 170 schools, 30 libraries, and one consortium of related eligible institutions. Nearly $53 million will benefit students impacted by Hurricanes Fiona and Ian in Florida, North Carolina, Puerto Rico, and South Carolina. Funding commitments to date include: $4.1 billion from Window 1; $833 million from Window 2; and $1 billion from Window 3.

September 30, 2022 (Archives)

Congress Passes Temporary Funding Extension

As shared previously, lawmakers in the House and Senate have not been able to reach consensus this year on the 12 individual spending bills that fund federal government operations and programs. As a result, lawmakers have been negotiating a continuing resolution (CR)-short-term legislation that simply extends current fiscal year 2022 (FY22) funding levels for a specific period of time. With the formal start of FY23 set to begin tomorrow (October 1), a CR will avert a government shutdown and related lapse in funding for k-12 education programs like the Every Student Succeeds Act (ESSA).

Late Monday evening, September 26, Senate Democrats published the text of a CR to extend current fiscal year 2022 (FY22) funding levels through December 16, 2022. The proposed legislation also includes additional emergency funding for a wide array of other pressing national priorities, such as recent natural disasters and the ongoing Russian invasion of Ukraine (a summary of the CR's major provisions can be accessed here). As reported last week, Senator Joe Manchin (D-WV) had hoped to attach environmental permitting reform legislation to this package which was a primary source of contention for both sides seeking agreement. On Tuesday afternoon, Sen. Manchin dropped this request when it became clear there was not enough support in the chamber to include it in this legislative measure. Following these behind-the-scenes discussions, the Senate took a series of votes and ultimately passed this CR by a margin of 72-25.

The measure was taken up by the House today where it passed 230 - 201. It will now be sent to President Biden to be signed into law before the end of the fiscal year at midnight.  The passage of the CR was one of the last agenda items for Congress before the upcoming midterm elections. Lawmakers will likely spend most of their time between now and the elections in home states and districts campaigning. Lawmakers must revisit FY23 funding in December by either passing another temporary spending bill or completing work on the annual budget.

Administration Update

USED Distributes $1 Billion in Title IV-A Funding

This past summer, Congress approved a bipartisan gun and school safety package in response to several mass shootings that took place across the nation, including in an elementary school in Uvalde, Texas. Dubbed the Bipartisan Safer Communities Act (S. 2938), the legislation made a number of modest changes to gun policy including strengthening background checks for gun purchases to include a review of juvenile justice records for individuals under the age of 21. In addition, the legislation invested significant new funding into K-12 schools to assist with mental health efforts within communities. These funds include an additional $1 billion for ESSA's Title IV-A Student Support and Academic Enrichment grant program-specifically to help states and school district foster safer and healthier learning environments in schools.

On September 29, the U.S. Department of Education disbursed these funds to states and issued a Dear Colleague letter to chief state school officers encouraging them to emphasize student social-emotional learning and mental health needs, engagement with students and families, and prioritizing funding to meet the needs of the nation's most underserved learners with these newly authorized federal resources. More information about the initiative can be found here.  

USED Awards $60 Million for Teacher Pipeline Efforts

On September 27, the U.S. Department of Education announced that it had awarded $60 million in new grant funding for the Supporting Effective Educator Development (SEED) grant program. The SEED program is intended to support evidence-based efforts that ". . . prepare, develop, or enhance the skills of [k-12] educators." This round of grantmaking awarded 22 three-year grants which, according to the Biden Administration, brings the FY22 total for additional support for teachers to $285 million. More information on this announcement can be accessed here.

Lawmakers Designate September Workforce Development Month

Earlier this month, Sen. Dianne Feinstein (D-CA) introduced S. Res. 780-a measure designating September 2022 as "National Workforce Development Month." The effort garnered bipartisan support from nearly a third of the Senate upon introduction and was recently considered and agreed to in the upper chamber. A companion resolution was also introduced in the House and sponsored and led by Rep. Bonamici (D-OR). These resolutions help to elevate workforce development efforts and draw attention to the importance of investing in the workforce.

U.S. Department of Labor Formally Rescinds IRAP Rules

Over the last few years, the U.S. Department of Labor (DOL) sought to create a parallel subset of apprenticeship programs known as "Industry Recognized Apprenticeship Programs" (IRAPs). Compared to registered apprenticeship programs (RAPs), IRAPS had relatively fewer programmatic requirements and would be recognized by third-party entities authorized by DOL (known as standards recognition entities or "SREs"). While IRAPs were formally launched under the previous Presidential Administration, relatively few programs were ever fully implemented. For this and many other reasons, DOL formally published a new rule rescinding IRAPs' existing federal authorization. Existing IRAP apprentices and SREs are ". . . encouraged to consider registering their programs with DOL or a State Apprenticeship Agency (SAA). Such entities are encouraged to reach out to the Apprenticeship Director in their State to receive technical assistance and explore such options further."

OCTAE Launches Future Finder Challenge

Late last week, the U.S. Department of Education's Office of Career, Technical, and Adult Education (OCTAE) announced a $1 million "Future Finder Challenge" to accelerate the development of tools and related technologies that can support career navigation efforts for adults. "Developing digital career navigation tools for adult learners will expand equitable access to career opportunities - which will increase upward mobility and strengthen the broader American workforce," OCTAE's Assistant Secretary Amy Loyd, Ed.L.D., said during the announcement.  The effort is structured as an open innovation invitation to spur the development of services, products, and programs that can support individuals search for and navigate opportunities in the labor market. A related press release from the department can be found here.

White Host Hosts Conference on Hunger and Nutrition

On September 28, President Joe Biden held a conference focused on the issues of hunger, nutrition, and health where the administration laid out a vision for addressing challenges in this space and reducing diet-related disease by 2030 – all while closing disparities among the communities that are impacted most. The convening encouraged stakeholders and the wider public to improve food affordability and access, integrate nutritional and health activities into these efforts, empower consumers to make quality choices concerning food, and promote physical activity. During the event the White House announced more than $8 billion in new funding commitments from both private- and public-sector groups for these purposes. Learn more here.

September 23, 2022 (Archives)

Congress Inches Closer to Stopgap Funding Measure 

Exactly one week from today, the 2022 federal fiscal (FY22) year is set to end. Lawmakers must pass funding legislation before midnight on September 30 to avoid a lapse in federal appropriations and a shutdown of federal government operations. Unfortunately, lawmakers in the House and Senate have not been able to reach consensus on the 12 individual spending bills that fund federal operations and programs. As a result, Congress is currently negotiating a continuing resolution (CR)-short-term legislation that will extend current fiscal year 2022  funding levels for a specific period of time. This is intended to provide federal legislators the time and space needed to negotiate a full-year spending bill, most likely after the upcoming midterm elections set to take place this November.  

 It is widely expected that this forthcoming CR will extend current FY22 funding levels for all federal operations and programs, including the Every Student Succeeds Act (ESSA), through mid-December. At that point, the results from the elections-along with eventual party control of one or both chambers-will become clearer. Democrats and Republicans are currently debating whether to add a variety of other provisions, including supplemental funding for recent climate disasters, the ongoing war in Ukraine, and environmental permitting to this legislation. These talks remain fluid and while eventual agreement is expected prior to this upcoming FY23 deadline, there are only a few days left on the legislative calendar due to observed holidays next week. Consequently, it is likely that a final resolution for this current impasse on FY23 funding will take shape close to the deadline.  

House Hosts Back-to-School Hearing 

On Tuesday, September 20, the House Education and Labor's Subcommittee on Early Childhood, Elementary and Secondary Education held a hearing titled "Back to School: Meeting Students' Academic, Social, and Emotional Needs." The hearing featured testimony from K-12 experts, practitioners, and leaders who each shared perspectives on how best to support students as they return to schools for the 2022-23 academic year. In particular, the hearing focused on the importance of meeting students' social and mental health needs as a means of supporting their wider academic achievement. An archived webcast of the hearing can be accessed here.  

Administration Update 

FCC Extends Key E-Rate Deadline 

On Monday, September 19, the Federal Communications Commission (FCC) granted an extension for several deadlines within the E-Rate program related to the delivery of equipment and services among other administrative requirements. The FCC made the determination to temporarily extend a set of deadlines initially set to expire on September 30 of this year to the same date in 2023. The commission made this decision due, in part, because of ongoing disruptions to global supply chains that may delay the ability of E-Rate program grant recipients to delivery services and equipment. The full announcement can be found here.  

USED Announced Blue Ribbon Schools 

Late last week the U.S. Department of Education (USED) announced the recognition of nearly 300 schools as National Blue Ribbon Schools for 2022. Schools this year were recognized based on student assessment scores, student subgroup performance, and graduation rates. Particular emphasis was placed on schools making the most progress towards closing achievement gaps between various underserved student groups. More on the announcement can be found here.  

OET Releases Digital Equity Plan Guidance 

Yesterday, September 22, the U.S. Department of Education's Office of Educational Technology (OET) published new guidance to support the ongoing implementation of the Digital Equity Act-a new grant program created by last year's bipartisan infrastructure law which is intended to support state efforts to promote digital equity and inclusion. The newly released guidance for this $2.75 billion grant program is intended to share best practices and high-quality examples for states as they begin to craft digital equity plans as part of this legislation. The guidance can be found here.  

Bills  

• H.R.8948 - 117th Congress (2021-2022) To reauthorize the Runaway and Homeless Youth Act, and for other purposes. Sponsor: Yarmuth, John A. [Rep.-D-KY-3] 
• H.R.8945 - 117th Congress (2021-2022) To amend the Higher Education Act of 1965 to prohibit the use of political tests in the selection, hiring, or promotion of students or faculty at institutions of higher education, and for other purposes. Sponsor: Stefanik, Elise M. [Rep.-R-NY-21] 
• H.R.8932 - 117th Congress (2021-2022) To amend the Higher Education Act of 1965 to clarify requirements for disclosure of transfer of credit policies. Sponsor: Castro, Joaquin [Rep.-D-TX-20] 
• S.1098 - 117th Congress (2021-2022) Joint Consolidation Loan Separation Act Sponsor: Warner, Mark R. [Sen.-D-VA] 

September 16, 2022 (Archives)

Congress Negotiates a Continuing Resolution

As shared previously, federal legislators recently returned to Capitol Hill for a three-week work period before they break for the election. There are many legislative items lawmakers hope to attend to during this time, but providing more time to complete the federal fiscal year 2023 (FY23) appropriations process is the top priority. As a reminder, the federal fiscal year begins on October 1. Both the House and Senate have thus far been unable to find agreement on the 12 individual spending bills that fund federal operations and programs. Consequently, Congress is currently now quickly negotiating a continuing resolution (CR)-short-term legislation that will extend current fiscal year 2022 (FY22) funding levels for a specific period of time.

At present, the CR will likely extend current FY22 funding levels for all federal operations and programs, like the Every Student Succeeds Act (ESSA), until sometime after the midterm elections. Lawmakers are currently debating whether to include a variety of other provisions, including supplemental funding for the natural disasters, the war in Ukraine, and environmental permitting to this legislation. These talks are fluid and expected to continue through next week. NSBA expects that a CR to extend until mid-December will be passed before Congress leaves town. As these talks continue, NSBA will continue to advocate for robust investments in K-12 education programs, including ESSA, the Individuals with Disabilities Education Act (IDEA), and other school board member federal funding priorities.

Administration Update

USED Announces New Teacher Grants

On Monday, September 12, the U.S. Department of Education (USED) announced $25 million in new awards intended to support teacher recruitment, retention, diversification, and preparation efforts. The Teacher Quality Partnership (TQP) grant program's latest round of grants will make 22 five-year investments in several institutions of higher education intended to fund teacher preparation programs in high-needs communities throughout the country. More information on the announcement can be found here.

USED Issues Assessment Letter

On Tuesday, September 13, the U.S. Department of Education (USED) circulated a Dear Colleague letter to Chief State School Officers regarding the upcoming release of state assessment data from the 2021-22 school year. In anticipation of these releases, Secretary of Education Miguel Cardona reiterated best practices for using and interpretating assessment data. The letter goes on to encourage states to use these results in a "constructive" manner. The letter can be found here.

DOJ to Appeal Title IX Ruling

Also on Tuesday, September 13, the U.S. Department of Justice (DOJ) announced that they intend to appeal a recent federal court ruling temporarily blocking the Biden Administration from implementing its recently issued proposed rules to help schools, districts, and institutions implement the requirements of Title IX. These rules have recently been available for public comment which garnered nearly 146,000 individual pieces of feedback. The full appeal can be found here.

USED Releases Title IV-A Guidance

Yesterday, September 15, the U.S. Department of Education (USED) released new guidance to implement the recently passed Bipartisan Safer Communities Act (BSCA)-legislation intended to help reduce gun violence in schools. Among the provisions contained in the BSCA was an additional, supplementary investment of $1 billion in ESSA's Title IV-A Student Support and Academic Enrichment Grant program. These one-time supplementary funds are intended to help schools and districts provide for safer and healthier learning environments for students. The guidance provides important details regarding how these funds-which were released yesterday- can and should be spent for these purposes. Read the letter here.

House Hosts Youth Apprenticeship Hearing

On September 15, the House Small Business' Subcommittee on Innovation, Entrepreneurship and Workforce Development held a hearing entitled "Back to School, Back to Startups: Supporting Youth Apprenticeship, Entrepreneurship, and Workforce Development." The hearing focused on the impact the pandemic has had on small businesses and strategies to help these firms identify and hire the talent they need to be successful. During the hearing lawmakers explored a wide variety of innovative workforce development strategies targeted at youth that can provide important on-ramps from K-12 education into the labor force. The hearing also highlighted the urgent need to expand federal financial aid and support for these programs and wider efforts. An archive of the hearing can be found here.

Bills

• R.8826 - 117^th Congress (2021-2022) To amend the Fair Labor Standards Act of 1938 to expand working hours for employees between the ages of 14 and 16 years during periods in which schools are in session, and for other purposes. Sponsor: Johnson, Dusty [Rep.-R-SD-At Large]
• R.8822 - 117^th Congress (2021-2022) To direct the Secretary of Education to carry out a grant program to support the placement of students and licensed professional social workers in public libraries, and for other purposes. Sponsor: Garcia, Sylvia R. [Rep.-D-TX-29]
• 4845 - 117^th Congress (2021-2022) A bill to provide for safe schools and safe communities. Sponsor: Cruz, Ted [Sen.-R-TX]

September 9, 2022 (Archives)

Congressional Update

Lawmakers Return to Capitol Hill

Since the early part of August federal legislators have been in home states and districts as part of Congress' annual summertime recess. This week lawmakers returned to Capitol Hill and are facing a fast-approaching end of the month deadline to pass federal fiscal year 2023 (FY23) funding legislation. Throughout most of the year, Democrats and Republicans have been unable to find consensus on the 12 individual spending bills that compose the federal government, and which are due annually by September 30. Given this lack of agreement, lawmakers have re-focused their attention this week on negotiating a shorter-term, stop gap funding legislation, known as a Continuing Resolution (CR). This legislative measure will simply extend current FY22 funding levels for all federal operations and programs, like the Every Student Succeeds Act (ESSA), for a specified amount of time.

At the moment, lawmakers are negotiating the length of time this CR will cover and what, if any, additional provisions-beyond this extension of FY22 funding levels-will be included. NSBA's advocacy team currently anticipates that this CR will last sometime after the upcoming midterm elections set for November, potentially into early December. As these talks continue, NSBA will continue to advocate for robust investments in K-12 education programs, including ESSA, the Individuals with Disabilities Act (IDEA), and other school board federal funding priorities.

Administration Update

President Biden Nominates New Head for RSA

Late last Friday, September 2, President Biden announced his intent to nominate Danté Quintin Allen to be the next Commissioner of the Rehabilitative Services Administration (RSA) at the U.S. Department of Education (USED). The RSA is tasked with supporting states that deliver vocational rehabilitation and related services for individuals with disabilities to ensure they are able to find and sustain employment, live independently, and integrate with the wider community and labor market. Allen currently serves as the Executive Director for CalABLE-a statewide program in California that provides savings and investment plans for individuals with disabilities. More information on the announcement can be found here. A date for further consideration in the Senate of Allen's nomination has not yet been set.

Sec. Cardona Announces Back-to-School Tour

On Wednesday, September 7, the U.S. Department of Education (USED) announced that they will be undertaking a back-to-school bus tour beginning next week. U.S. Secretary of Education Miguel Cardona, First Lady Jill Biden, Second Gentleman Douglass Emhoff, and a number of other high-ranking USED officials will be participating in the week-long, multistate bus tour which will includes stops in Tennessee, North Carolina, Virginia, West Virginia, Pennsylvania, and New Jersey. Set to begin next Monday, September 12, the tour is intended to highlight a number of the Administration's efforts to support states, schools, students, and families as they return to campuses this fall for the upcoming 2022-23 school year. More about the tour can be found here.

September 2, 2022 (Archives)

Congressional Update

Congress Returns Next Week

For most of the last month, federal legislators have spent their time working outside of Capitol Hill, many in home states and districts, as part of Congress' annual August recess. Lawmakers are expected to return next week-with a busy agenda in front of them. With the federal fiscal year ending on September 30, lawmakers need to finalize federal fiscal year 2023 (FY23) funding legislation for the federal government and related programs. However, with time running short, Congress will most likely pass a temporary funding legislation known as a continuing resolution (CR), which would extend current FY22 funding levels for a specified period of time.

NSBA anticipates lawmakers advancing a CR sometime before the September 30 deadline. This will allow Congress to focus on the midterm elections slated for this November before making final decisions on federal funding for federal government operations. As these efforts progress, NSBA will continue to support robust funding for K-12 formula programs, including ESEA Title I and IDEA Parts B and C, and other school board member federal funding priorities.

Administration Update

Nation's Report Card Results Highlight Student Learning Loss

Yesterday, the U.S. Department of Education's (USED) National Center for Education Statistics (NCES) released results from the National Assessment of Educational Progress (NAEP). Known informally as the nation's report card, these latest results are the first nationally representative dataset that provide insights into student achievement and learning prior to the COVID-19 pandemic to now. Average scores for students aged 9 in reading and mathematics declined by 5 and 7 percentage points respectively-the largest average score decline since 1990 and the first decline in the average math scores for students since the inception of NAEP. The findings underscore the impact the pandemic has had on student learning, with many still remaining behind. The full results can be found here and a statement from U.S. Secretary of Education Miguel Cardona regarding these findings can be found here.

Biden Administration Announces Further Actions to Address Teacher Shortages

On Wednesday, August 31, the Biden Administration announced a series of additional actions aimed at addressing persistent nationwide teacher shortages. These efforts include new partnerships with the private sector to help increase awareness about career pathways leading to the teaching profession and the creation of new jobs portals to help facilitate prospective candidates with job opportunities. In addition, the Administration unveiled a series of efforts aimed at leveraging apprenticeship and career and technical education (CTE) programs to prepare the next generation of educators. More on this announcement can be found here.

ESSA State Plan Amendments

The U.S. Department of Education published ESSA consolidated state plan amendments that states submitted using the COVID-19 State Plan Addendum for the 2021-2022 school year. The Department recently approved the following state plan addendums:

• Alaska (approval letter)
• California (approval letter)
• Mississippi (approval letter)

August 26, 2022 (Archives)

Congress Remains on Recess

Lawmakers remained in home states and districts this week as part of Congress' annual August recess. They are scheduled to return on September 6, and NSBA expects that addressing the fiscal year 2023 budget will be legislators' top priority. NSBA anticipates that lawmakers will work after the recess to develop and advance a short-term, stopgap legislation, known as a continuing resolution (CR) to continue FY22 funding levels beyond the beginning of the federal fiscal year on October 1. This step will provide Congress with the time need to complete negotiations over FY23 spending levels.  As these efforts take shape, NSBA will continue to support robust K-12 funding, including for ESEA Title I-A, IDEA State Grants, and other vitally important formula programs, as final FY23 budget for the Department of Education.  

Administration Update

USED Releases Back-to-School Checklist for Parents

Yesterday the U.S. Department of Education released a back-to-school checklist intended to support parents and families as students report back to school in the coming weeks. The checklist highlights several evidence-based practices that can promote student learning and strengthen mental health supports and wider school safety initiatives. In addition, the checklist elevates a multitude of "promising examples" for how states and school districts have leveraged K-12 funding from the American Rescue Plan with similar goals in mind.

President Biden Takes Executive Action on Student Debt 

On Wednesday, August 24, President Biden and U.S. Secretary of Education Miguel Cardona unveiled the Administration's plans to forgive up to $10,000 of federal student loan debt for borrowers making $125,000 or less annually. The plan would provide up to $20,000 in similar forgiveness for those who previously received a federal Pell grant and meet the same income eligibility requirements. In addition to this executive action, the U.S. Department of Education announced newly proposed regulations regarding how individuals pay back federal student loans in the future. In a related factsheet, the Biden Administration highlighted how these efforts will benefit K-12 school teachers who will often qualify under this new plan. Information regarding USED's newly proposed income-driven repayment rules can be accessed here. 

Registered Apprenticeships Celebrate 85th Anniversary

This month marked the 85th anniversary of the enactment of the National Apprenticeship Act (NAA)-- federal legislation first passed and last updated by Congress in 1937. Also known as the Fitzgerald Act, this legislation created the federal system of registered apprenticeship overseen and administered by the U.S. Department of Labor (DOL). In recognition of this milestone, DOL has launched a new "ApprenticeshipUSA" brand to cultivate a better understanding among the public regarding registered apprenticeship programs (RAPs).

Additionally, the agency has launched an online dialogue about the future of RAPs, soliciting feedback for how to improve these programs and related systems, including K-12 education "on-ramps" to RAPs, such as pre-and youth apprenticeship programs. This online portal for public input will remain open through September 5, 2022, and can be accessed here. 

CTE Research Network Grant Application Opportunity 

Last week, USED published a new grant opportunity inviting qualified applicants to lead the CTE research network. Authorized under the national activities section (Sec. 114) of the Carl D. Perkins Career and Technical Education Act (Perkins V) and overseen by USED's National Center for Education Research under the Institute of Education Sciences, the CTE research network is dedicated to researching various topics impacting CTE of national importance. Applications for this grant opportunity are due by February 23, 2023. 

August 19, 2022 (Archives)

Congress on Recess with Budget Negotiations Ahead in September

Legislators will spend the next two weeks working outside Washington, but they face a busy schedule when Congress reconvenes on September 6. The federal fiscal year ends on September 30, so legislators will only
have a brief window to complete work on the fiscal year 2023 (FY23) budget for the U.S. Department of Education (USED) and other agencies. Should lawmakers fail to come to an agreement during this time, they
will most likely pass a temporary funding bill to continue government operations known as a continuing resolution (CR). Given that the Senate has not yet made meaningful progress on the fiscal year 2023 budget,
NSBA expects Congress to approve a CR that provides legislators until sometime after the November elections to make final decisions about spending levels for FY23. When Congress returns, NSBA will continue
championing increased funding for the major K-12 formula programs, including ESEA Title I and IDEA Parts B and C, and other school board member federal funding priorities.

Administration Update

Agencies Continuing Implementation of the Bipartisan Infrastructure Bill

The Federal Communications Commission (FCC) published a report this week about the future of the Universal Service Fund, including the E-rate program which helps eligible schools and libraries acquire high speed broadband connections. Congress required this report as part of the Infrastructure Investment and Jobs Act
(IIJA) which was approved last year. Legislators will use the report to make decisions about future efforts to
close broadband gaps, including for students and teachers. Separately, the National Telecommunications and
Information Administration announced that all states and territories submitted applications for initial planning funds as part of the $42.45 billion Broadband Equity, Access, and Deployment (BEAD) Program,
which was also created by the IIJA. NSBA supported passage of the BEAD program, which will provide critical resources for extending broadband infrastructure to households, especially in rural and other high-cost areas.

Office of Education Technology Announces Status of Technology Plan Update

Earlier this year, the U.S. Department of Education’s Office of Educational Technology (OET) invited proposals for working with the office to develop a new National Education Technology Plan. OET has not yet named its partner in that work, but this week the office said that once a contract is awarded and work begins, the plan will take 12-18 months to complete. The National Education Technology Plan has served as a helpful connectivity and device resource for school districts and NSBA intends to engage the office in a discussion about how to ensure the new plan meets the needs of school board members.

August 12, 2022 (Archives)

Congressional Update

House to Vote on Inflation Reduction Act

Congress typically adjourns for most of August. Recently, however, after over a year of off-again-on-again negotiations among Democratic leaders, Senate Majority Leader Chuck Schumer (D-NY) and Senator Joe Manchin (D-WV) announced that they had reached agreement on the Inflation Reduction Act of 2022 (H.R. 5376). Following this announcement, the Senate remained in session last weekend to approve the bill which will make significant new investments in the nation's capacity to produce and use greener sources of energy while expanding healthcare access for millions of Americans. The bill increases federal revenue to offset these new investments while also decreasing the federal deficit by roughly $306 billion. An early iteration of the new law, known as the Build Back Better Act, proposed significant new K-12 investments and related infrastructure construction, but lawmakers were unable to reach consensus on these and many other initiatives originally sought by the White House.

Senate Democrats passed the legislation by a simple majority vote via the chamber's budget reconciliation process. Lawmakers in the House are expected approve the measure today. Following today's House vote, lawmakers in both chambers are scheduled to remain in recess until September 6.       

Administration

CDC Releases New COVID-19 Guidelines

Yesterday, August 11, the Centers for Disease Control (CDC) published new recommended guidelines for states, districts, and schools to support leaders and other stakeholders as they navigate the ongoing pandemic ahead of the new school year. The guidelines, which are recommendations from the CDC and are intended to be voluntarily adopted, provide greater clarity regarding the usage of masks, quarantines, and other pandemic mitigation strategies. Upon the release of these recommendations, U.S. Secretary of Education Miguel Cardona commented, in part, "This latest guidance from the CDC should give our students, parents, and educators the confidence they need to head back to school this year with a sense of joy and optimism. While COVID continues to evolve, so has our understanding of the science and what it takes to return to school safely. Thanks to vaccines, boosters, new treatments, and commonsense safety precautions – as well as funding from the American Rescue Plan – our schools have more resources than ever before to provide the healthy learning environments our students need to grow and thrive academically, socially, and emotionally."

U.S. Ed Announces Student Data Privacy and Cybersecurity Events

On August 17, 24, and 31 from 2:00 PM - 4:00PM Eastern Time, the U.S. Department of Education's Privacy and Technical Assistance Center will host a National Student Privacy and Data Security Webinar Series designed to help schools comply with the Family Educational Rights and Privacy Act. Building on this training opportunity, PTAC will host a three-day K-12 Data Security and Cybersecurity Summit for educators on September 7, 14, and 21. 

FCC Announces Home Internet Connectivity Outreach Initiatives

The Federal Communications Commission announced the establishment of an Affordable Connectivity Outreach Grant Program to raise awareness about the Affordable Connectivity Program (ACP). To raise awareness of ACP benefits, Congress included a provision in the Infrastructure Investment and Jobs Act for the FCC to conduct and fund ACP outreach, including providing grants to outreach partners to ensure that eligible households can learn about the program and receive assistance with the application process. Separately, the FCC established a pilot program titled "Your Home, Your Internet," to increase awareness and encourage participation in the Affordable Connectivity Program for households receiving federal housing assistance. These initiatives target low-income households, including the homes of students who require broadband and device access for remote learning.

August 5, 2022 (Archives)

Congressional Update

Congress Heading Towards Recess with Reconciliation Bill Looming

The House formally began its annual August recess period this past weekend, with many lawmakers scheduled to return home to their respective districts. The Senate was previously slated to begin its recess period this weekend. However, last week Senate Majority Leader Chuck Schumer (D-NY) and Senator Joe Manchin (D-WV) announced that they had reached agreement on the Inflation Reduction Act of 2022. If enacted, the legislation would make investments to expand the nation's energy production capacity and expand healthcare access. These proposals would be funded through the establishment of a minimum corporate tax rate of 15 percent, allowing for Medicare to negotiate drug prices, and other revenue generating provisions. As a result, the legislation is also intended to reduce the federal deficit by more than $300 billion but an exact figure is still being determined.

First conceived as President Biden's Build Back Better Act, this legislation initially proposed to invest significant new funding for K-12 education, including new investments for school construction and modernization. However, continued disagreement within the Democratic Congressional caucus forced this earlier proposal to be pared back considerably over the last year and a half. Using the reconciliation process allows Senators to advance this legislation by a simple majority in the upper chamber, thus circumventing a likely Republican filibuster of the legislation. The Senate is now expected to begin efforts to advance this legislation through the chamber this weekend. If Democratic leaders are successful, there is a possibility that lawmakers in the House may be called back to Capitol Hill later this month to complete consideration of this package.

House Lawmakers Push for USED Guidance on Recent School Safety Package

On Monday, August 1, a group of Democratic lawmakers in the House led by Rep. Suzanne Bonamici (D-OR) sent a letter to U.S. Secretary of Education Miguel Cardona urging him and his department to issue guidance for the Bipartisan Safer Communities Act (S. 2938) that protects marginalized and underserved student populations. As a reminder, this legislation will provide over $2.35 billion in funding for a variety of school-based initiatives aimed at providing mental health services to students and staff, as well as for improving school and community conditions. The letter encourages the U.S. Department of Education (USED) to ensure that the implementation of these several sources of funding do not unduly penalize or impact historically marginalized groups of students. The letter goes on to request that USED clarify the definition of a "high-need" local school district and urges the agency to examine and produce a report regarding how states and school districts have used these new resources.

President to Sign Bill with STEM Provisions

Congress has approved a package of semiconductor manufacturing subsidies and scientific research funding known as the Chips & Science bill. The bill would create several new grant programs aimed at preparing students to enter science, technology, engineering, and math (STEM) and computer science fields, while also providing significant new subsidies to semiconductor manufacturers and designers. President Biden is expected to sign the bill next week. NSBA supports the STEM provisions in the final bill. NSBA previously had written to congressional leaders urging them to preserve the Postsecondary STEM Pathways and the Improving Access to Elementary and Secondary Computer Science Education programs in the final negotiated bill.

Administration

 NCES Publishes New Learning Recovery Data

Yesterday, August 4, the U.S. Department of Education's (USED) National Center for Education Statistics (NCES) published encouraging new data showing that many students who lag behind by at least one grade level were able to catch up by the end of the latest school year. The findings are based on a regular survey of school leaders which also helped to shed light on other pandemic-related recovery strategies. For instance, 56 percent of those surveyed rated high-dosage tutoring to be significantly effective in helping students catch up while 75 percent shared that their schools or districts had expanded summer and out-of-school time programs for this same purpose. USED recently elevated these findings and highlighted how the American Rescue Plan-passed exclusively by Congressional Democrats last year-helped support these efforts. The full set of survey data can be found here.

USED Highlights Mental Health Resources and Efforts

The U.S. Department of Education (USED) announced that it has taken two new actions to address the ongoing youth mental health crisis. These efforts include the distribution of nearly $300 million through the recently passed Bipartisan Safer Communities Act to help schools hire more school-based mental health professionals and develop a strong pipeline of school-based mental health professionals. USED has also highlighted efforts to engage with Governors, sharing a recent letter that urged states to use these funds to invest in mental health services for students as well as previewing forthcoming guidance for Medicaid intended to help states leverage this funding to provide comprehensive healthcare services for more students. A full compilation of these activities can be found here.

 ESSA Updates

 ESSA State Plan Amendments

The U.S. Department of Education published ESSA consolidated state plan amendments that states submitted using the COVID-19 State Plan Addendum for the 2021-2022 school year. The Department recently approved the following state plan addendums:

• Idaho (approval letter)
• Kentucky (approval letter)
• New Hampshire (approval letter)

 Bills

• 4753 - 117th Congress (2021-2022) A bill to allow the use of unspent educational funds under the American Rescue Plan Act of 2021 to address pandemic learning loss through Child Opportunity Scholarships. Sponsor: Sen. Scott, Tim [R-SC]
• 4694 - 117th Congress (2021-2022) A bill to support the preparation and retention of outstanding educators in all fields to ensure a bright future for children and youth in under-resourced and underserved communities in the United States, and for other purposes. Sponsor: Sen. Smith, Tina [D-MN]

July 29, 2022 (Archives)

Senate Appropriations Committee Releases FY23 Spending Proposals

The Senate Appropriations Committee released draft proposals for each of the 12 annual federal fiscal year 2023 spending bills that compose the federal budget early Thursday morning, July 28. This release comes ahead of the upcoming start of FY23, set to begin on October 1. The Senate's proposal would provide $83.4 billion in funding for the U.S. Department of Education (USED)-an increase of 11 percent ($8.1 billion total) over current FY22 funding levels. However, this level of funding falls short of the House's current FY23 funding proposal for USED and the programs it oversees by 4 percent and envisions funding levels for these purposes that are approximately 6 percent below what President Biden has requested from Congress.

Of note for the K-12 education community, the bill proposes $20.14 billion for Title I of the Every Student Succeeds Act (ESSA)-a proposed increase of nearly 15 percent over current funding levels. In addition, the bill proposes a nearly $2 billion increase for Individuals with Disabilities Education Act (IDEA) state grant program, which would amount to a 15 percent increase for the program over FY22 enacted levels. The legislation also envisions a $65 million increase for Student Success and Academic Enrichment Grants (Title IV-A of ESSA), along with $60 million for state formula grants authorized by the Carl D. Perkins Career and Technical Education Act (Perkins V).

While the release of these spending proposals is an important step in the wider federal budget and appropriations process for FY23, NSBA does not expect the Senate to formally consider these proposals further. Instead, these proposals have been released to serve as a negotiating tool between the House and Senate to resolve differences between both chambers' visions for the coming fiscal year and complete the FY23 budget. As these efforts continue, NSBA's team will continue to advocate for a robust investment in K-12 education as part of the annual federal appropriations process. The spending proposals released by the Senate can be accessed here.

House Committee Advances Child Nutrition Reauthorization

As shared last week, Democratic leaders on the House Education and Labor Committee introduced a comprehensive legislative proposal to make updates to federal child nutrition programs and further extend the authorization for these programs. The Healthy Meals, Healthy Kids Act (H.R. 8450) aims to expand student access to school meals, increase access to nutrition programs during the summer months, and would provide greater funding support for school-based meals programs, such as the School Breakfast and Lunch programs, in the future.

This legislation was formally considered and marked up by the House Education and Labor Committee on Wednesday, July 27. Following a series of proposed amendments, the committee advanced the slightly modified legislation by a margin of 27-19-a vote that fell entirely along party lines.  The legislation now advances to the full House chamber for further consideration, but a timeline for further action on this measure remains unclear. A webcast archive of the markup, including Chairman Bobby Scott's (R-VA) opening remarks, can be found here.

Senate Committee Advances Child Data Privacy Proposals

Earlier this week the Senate Committee on Commerce, Science, and Transportation held an executive session to advance two pieces of legislation related to data privacy protections for children. The first of these measures was S. 1628, the Children and Teens' Online Privacy Protection Act which was unanimously advanced by the committee. The second of these measures was S. 3663, the Kids Online Safety Act which was also advanced by the committee but with several dissenting votes from Republicans. These measures are aimed broadly at ensuring that minors' data, including the use of their data, on online platforms is protected and not used irresponsibly. These goals would be achieved by making a series of updates and changes to the existing federal data protections and privacy measures, including the Children's Online Privacy Protection Act (COPPA) which would, under these proposals, be expanded to cover minors 17 years of age or younger-a significant increase in current protections which only currently cover children 13 years old or younger.

The first bill, S. 3663, as amended, would require online platforms to provide a minor or a parent with tools to control data collected by online platforms. The legislation also would prevent others from viewing a minor's data, give minors and their parents the ability to opt out of automatic recommendation systems, allow them to delete a minor's account and remove data, and to limit time spent on platforms. This bill would also impose a duty of care on operators of online platforms to prevent self-harm and patterns of addictive behavior in children and minors using those platforms and apps. S. 3663 was reported out of committee on a 28-0 vote.

1. 1628 as amended would prohibit operators of websites and online platforms targeting minors from collecting data without obtaining the consent of minors or their parents. The legislation would extend to children aged 12-16 protections that are available only to children up to the age of 12, and it would prohibit targeting children with advertising without the consent of the children or their parents.

NSBA urges Congress and the Biden administration to make consistent any update to FERPA (Family Educational Rights and Privacy Act) or other laws and regulations affecting school district management of student data with those affecting online educational service providers; incorporate balanced provisions for parental consent that do not compromise student achievement and do not impose significant and/or disproportionate administrative burdens on school districts; and, support school district and state policies as well as effective training regarding data usage, privacy, and security protections for administrators, teachers, and related personnel/stakeholders.

Congress Passes Bill with STEM Provisions

The Senate on Wednesday voted 64-33 to approve a package of semiconductor manufacturing subsidies and scientific research funding known as the Chips & Science bill, sending the legislation to the House. If enacted, the bill would create several new grant programs aimed at preparing students to enter into science, technology, engineering, and math (STEM) and computer science fields, while also providing significant new subsidies to semiconductor manufacturers and designers. The bill passed the House on Thursday with a bipartisan vote of 243-187 and will next head to the President's desk for signature.  NSBA has written to Congressional leaders urging them to preserve the Postsecondary STEM Pathways and the Improving Access to Elementary and Secondary Computer Science Education programs in the final bill that is passed.

Administration

ESSA State Plan Amendment

The U.S. Department of Education published ESSA consolidated state plan amendments that states submitted using the COVID-19 State Plan Addendum for the 2021-2022 school year. The Department recently approved the following state plan addendum:

• Louisiana (approval letter)

Funding for Youth Mental Health Services

The Administration has announced the upcoming distribution of funds allocated for school safety and mental health under the current Fiscal Year 2022 Consolidated Appropriations Act and the recently enacted Bipartisan Safer Communities Act.

During the week of August 1, the U.S. Department of Education will be administering the first of nearly $300 million to expand access to mental health services in schools. Districts may use funding from the Mental Health Service Professional (MHSP) Demonstration Grant Program ($140 million) and the School-Based Mental Health (SBMH) Services Grant Program ($140 million) to hire more school-based professionals and build capacity for youth mental health services through innovative partnerships. Both of these programs are competitive grant programs. Further details are available at www.ed.gov/news/press-releases/....

Bills

• R.8509 To establish a National Advisory Council on Unpaid Meal Debt in Child Nutrition Programs, and for other purposes. Sponsor: Rep. Omar, Ilhan [D-MN-5]
• R.8502 To amend the Richard B. Russell National School Lunch Act to improve nutrition in tribal areas, and for other purposes. Sponsor: Rep. Leger Fernandez, Teresa [D-NM-3]
• R.8494 To amend the Elementary and Secondary Education Act of 1965 to provide criteria for use of Federal funds to support trauma-informed practices in schools, and for other purposes. Sponsor: Rep. Clark, Katherine M. [D-MA-5]
• R.8486 To amend the Richard B. Russell National School Lunch Act to provide for technical assistance relating to nutrition standards for school meal programs, and for other purposes. Sponsor: Rep. Mrvan, Frank J. [D-IN-1]
• R.8477 To amend the Richard B. Russell National School Lunch Act to require mandatory certification for certain students and reduce stigma associated with unpaid school meal fees, and for other purposes. Sponsor: Rep. Omar, Ilhan [D-MN-5]
• R.3588 Mathematical and Statistical Modeling Education Act Sponsor: Rep. Houlahan, Chrissy [D-PA-6]
• 4614 A bill to amend the Elementary and Secondary Education Act of 1965 to provide criteria for use of Federal funds to support trauma-informed practices in schools, and for other purposes. Sponsor: Sen. Smith, Tina [D-MN]

July 22, 2022 (Archives)

House Leaders Propose Federal Child Nutrition Reauthorization

House Education and Labor Committee Chairman Bobby Scott (D-VA), along with Representative Bonamici (D-OR), introduced a comprehensive proposal on Wednesday, July 20, to reauthorize and update federal child nutrition programs. Dubbed the Healthy Meals, Healthy Kids Act (H.R. 8450), the proposed legislation is intended to expand student access to school meals, increase access to nutrition programs during the summer months, and would provide greater support for school-based meals programs, such as the School Breakfast and Lunch programs, in the future. NSBA expects the legislation to be formally considered by the House Education and Labor Committee next week. A summary of the proposal can be found here, while a section-by-section summary can be accessed here.

Senate Advances More Modest CHIPS Proposal

After over a year of consideration, Senate Majority Leader Chuck Schumer (D-NY) introduced a measure late Tuesday night, July 19, that formally began debate on economic competitiveness legislation intended to bolster the nation's advanced manufacturing capacity in critical sectors of the economy related to the production of semiconductor chips. Earlier iterations of this legislation, introduced in both the House and the Senate separately over last year and a half, included significant new funding in education and workforce development. However, lawmakers have remained unable to find consensus on these and many other provisions that were under formal consideration as part of a bicameral and bipartisan conference negotiation. As a consequence, the legislation currently under consideration in the Senate has been pared back considerably.

If enacted the bill would create several new grant programs aimed at preparing students to enter into STEM and computer science fields, while also providing significant new subsidies to semiconductor manufacturers and designers. The measure was procedurally advanced on a bipartisan basis, 64-34 and will be considered by the Senate further next week.  NSBA has written to Congressional leaders urging them to i preserve the Postsecondary STEM Pathways and the Improving Access to Elementary and Secondary Computer Science Education programs in the final bill that is passed.

Administration

USED Releases New School Discipline Guidance

The U.S. Department of Education (USED) unveiled new guidance on Tuesday, July 19, for states and school districts to help K12 education leaders address longstanding disparities in discipline for students with disabilities. The guidance follows a 2018 Government Accountability Office (GAO) report which found that students with disabilities, particularly students of color, face disproportionate rates of school discipline as compared to their peers. The guidance re-emphasizes the requirements of Section 504 of the Individuals with Disabilities Education Act (IDEA) while highlighting best practices regarding implementation. The guidance can be found here and a related press release from USED can be found here.

Secretary Cardona, First Lady Biden Launch Pandemic Relief Tour

Earlier this week, U.S. Secretary of Education Miguel Cardona and First Lady Jill Biden announced the beginning of a nationwide tour the duo will be undertaking in the coming days to highlight the impact of the American Rescue Plan (ARP) in helping students recover from the impacts of the pandemic, recover from lost instructional time, and provide enrichment and academic opportunities during the summer months. In particular, Cardona and Biden aim to emphasize how the $122 billion in ARP funding has helped more students access out-of-school and summer enrichment programs as a way to accelerate learning. More information on the tour can be found here.

Final Application Window Closes for Emergency Connectivity Funds 

The Federal Communications Commission (FCC) announced that it has received requests for $2.8 million in the third, and final, application filing window of the Emergency Connectivity Fund (ECF) Program to fund 5,120,453 connected devices and 4,285,794 broadband connections. This is the last of the $7.1 billion included in the American Rescue Plan for the ECF. Because demand exceeds available funds, third window applications will be prioritized to fund schools and libraries with the greatest need first, with a preference for schools and libraries located in rural areas, as explained in more detail in the Frequently Asked Questions on the FCC website.  

Last week, the FCC announced the third wave of funding commitments for requests filed during the third application filing window totaling over $254 million and the 18th wave of funding commitments for requests filed in the first and second application filing windows totaling over $12 million. This brings the total funding commitments approved to date to nearly $5.6 billion. For more information, see the current list of funding commitments or all requests in the Open Data Portal. NSBA advocated for the inclusion of ECF funding, and we continue to push Congress to find additional funding to help keep students connected to the internet at home. 

Implementation Efforts for the Keep Kids Fed Act
The recent enactment of the Keep Kids Fed Act extends waiver authority to the U.S. Department of Agriculture for child nutrition programs through the 2022-23 school year and increases the reimbursement rate for meals and snacks. Since the legislation's enactment, the U.S. Department of Agriculture has provided information to school food authorities (SFAs) regarding implementation, including a recent webinar on provisions included in the legislation. The waiver authority is helping SFAs manage supply chain delays, staffing shortages, and related challenges affecting child nutrition services. 

NSBA urges Congress to reauthorize the Healthy, Hunger-Free Kids Act in way that increases flexibility and relief for school districts to successfully administer school meal programs, including reducing or eliminating the paid meal price mandate that resulted in unnecessary price increases for certain students; increasing reimbursement levels and other federal funds to cover the cost of compliance and/or authorizing local school districts to make implementation feasible within available federal resources; and providing temporary and emergency flexibility around meal delivery during the COVID-19 pandemic and other national emergencies. 

Update: Bipartisan Safer Communities Act

The Biden administration is developing fact sheets about how grant funding is to be administered under the recently enacted Bipartisan Safer Communities Act, which provides an additional $1 billion to states and school districts for the Title IV Student Support and Academic Enrichment program. The statute notes that, "states shall make awards on a competitive basis to high-need local educational agencies as determined by the state."  

The Bipartisan Safer Communities Act also provides $500 million for School-Based Mental Health Services Grants and $500 million for Mental Health Services Professional Demonstration Grants to be available within Fiscal Years 2022 through 2026. 

 NSBA will provide additional information regarding grant availability and implementation efforts once the information is published. 

Bills

• R.8351 - 117th Congress (2021-2022) Formula Act Sponsor: Rep. Blumenauer, Earl [D-OR-3]
• R.8450 - 117th Congress (2021-2022) To reauthorize child nutrition programs, and for other purposes. Sponsor: Rep. Scott, Robert C. "Bobby" [D-VA-3]

NSBA Update

NSBA Supports Upcoming Legislation to Reduce Educator Shortages 

To help address teacher shortages impacting both K-12 and early education, U.S. Senator Ben Ray Lujan and U.S. Rep. Teresa Leger Fernandez of New Mexico are introducing The Loan Forgiveness for Educators Act to update the Teacher Loan Forgiveness (TLF) program. The forthcoming legislation aims to help address educator retention in high-need public schools by providing incentives for more candidates to complete comprehensive educator preparation programs associated with high educator retention rates-a key strategy to decrease shortages and help increase educator diversity in early childhood and K-12 education. This legislation would expand TLF eligibility to early childhood educators and program directors and K-12 school leaders serving in early education programs and high-need public schools. NSBA will share further details, along with outreach for co-sponsors, once this legislation has been formally introduced. 

NSBA urges Congress to retain federal policies to provide loan forgiveness for teachers and principals who serve in public schools to encourage the simplification and transparency of the loan application process, and to oppose predatory collection processes. 

Digital Inclusion/Cybersecurity Survey

NSBA reopened our short survey of local school board members on digital equity. Survey questions address digital inclusion policies, cybersecurity, and home internet access. NSBA has been active in the effort to close the Homework Gap - the digital divide in education. We hope to share components of these policies to provide a "best practice" resource for our members.

July 15, 2022 (Archives)

House Continues Work on Fiscal Year 2023 Education Funding and other Spending Bills

As shared previously, the House Committee on Appropriations advanced funding legislation for the upcoming 2023 federal fiscal year (FY23) set to begin October 1. The bill proposes a nearly 13 percent increase in funding for the U.S. Department of Education and the programs it administers and oversees. The bill is expected to be considered as part of wider funding legislation in the coming weeks. This week, however, House lawmakers focused attention on amending and passing the federal defense budget, with plans to take up approximately half of the approved FY23 funding measures sometime next week. NSBA therefore anticipates consideration of the Labor-HHS-ED funding bill to commence later in the month. Following these steps, formal activity will then center on the Senate where lawmakers in the upper chamber will need to pass comparable funding legislation ahead of the fast-approaching October 1 FY23 deadline.

As this process continues, NSBA will continue to advocate for robust investments in K-12 education programs to ensure more students have access to high-quality education and services across the country.         

Administration

USED Announces new Student Engagement Initiative

The U.S. Department of Education (USED) announced the Engage Every Student Initiative on Thursday. The initiative is aimed at helping "communities utilize American Rescue Plan funds alongside other state and local funds to ensure that every child who wants a spot in a high-quality out-of-school time (OST) program has one". This initiative will be a public-private partnership with five coordinating organizations who will work with more than 20 allied organizations to ensure that students have access to these critical learning and development opportunities year-round.  Learn more here.

White House Convenes ARP Workforce Summit

On Wednesday, July 13, the White House hosted a summit titled "The American Rescue Plan and the Workforce." The half day event convened state and local stakeholders and high-ranking cabinet officials within the Biden Administration, including Vice President Harris and U.S. Secretary of Labor Walsh. The event was intended to highlight the ongoing impact the ARP is having on workers and learners, particularly regarding the more flexible aspects of the legislation passed last year. The event highlighted a number of promising strategies, including pre-apprenticeships and so-called "grow your own" program models to address critical workforce shortages in fields like K-12 teaching and childcare. More information on these efforts can be found here. Vice President Kamala Harris' remarks during the event can be accessed here.

U.S. Department of Education Issues Findings to States on Special Education Services
The U.S. Department of Education's (ED) Office of Special Education and Rehabilitative Services has posted a summary of its 2022 Determination Letters on State Implementation of the Individuals with Disabilities Education Act (IDEA). The ED determinations are based on findings submitted by each state in annual performance reports and state performance plans. 

For IDEA Part B grants to states and school districts which provide resources for students with disabilities (ages 3 through 21), 22 states or territories met requirements, three states need assistance (one year), 35 states or territories need assistance (two or more consecutive years), and no state or territory received a determination of needs substantial intervention. 

Individual determination letters for each state are expected to be available by the end of July. The information is online at https://sites.ed.gov/idea/files/ideafactsheet-determinations-2022.pdf. 

Homework Gap

New Study Finds Continued At-Home Connectivity Gaps for Students Following Return to In-Person Learning
Now that most students have returned to school for in-person learning, a new study from the Consortium for School Network (CoSN) examines how network connectivity has changed, with a special focus on the home-to-school experience. Released July 14, the key findings from the 2022 Student Home Connectivity Study include: 

• Addressing insufficient home internet connectivity must continue to be a priority for educators and policymakers; although students returned to school, there was more internet traffic outside of school hours than there was during school hours.
• Students experience significantly slower network speeds outside of school hours than during school hours.
• Students are experiencing slightly improved network performance and faster internet speeds outside of school hours this year (21-22) compared to at home last year (20-21).
• Ongoing gaps in network performance and internet speeds at all grade levels remain for students connecting from outside the school, with approximately one-third of high school students experiencing "Far Below" or "Below Guidelines" for connectivity from home.
• Large disparities persist among student subgroups around home connectivity, particularly by ethnicity and socioeconomically disadvantaged students.
  

Seven K-12 urban, suburban and rural school districts from across the United States with approximately 300,000 students participated in the study: Beaverton School District (OR); Boston Public Schools (MA); Dallas Independent School District (TX); Fauquier County Public Schools (VA); MSD of Wayne Township (IN); Santa Fe Public Schools (NM); and St. Charles CUSD 303 (IL). 

CoSN believes the resulting findings will serve as a guide for school district technology leaders across the U.S. working to improve online learning equity, especially during after-school hours when students are doing schoolwork from home. CoSN stresses that policymakers and educators must not lose sight of the considerable inequities that remain around at-home internet connectivity, especially for at-risk populations. Access the study here. 

Discretionary Grants

The Office of Elementary and Secondary Education invited applications for the following program:

• Full-Service Community Schools Program – The Full Service Community Schools Program offers support to full-service community schools in order to "improve the coordination, integration, accessibility, and effectiveness" of services that are offered, with particular focus on children attending high-poverty schools, including high-poverty rural schools. Authorized by ESEA, this program provides funds to schools with community organization partnerships to provide educational opportunities and meet the social, emotional, physical, and mental health needs of students, in addition to academic needs. The estimated available funds for this program total $68,000,000, contingent upon the availability of funds and quality of applications. Applications are due by September 12, 2022, and further information is available here.

The Office of Special Education and Rehabilitative Services invited applications for the following program:

• Technical Assistance on State Data Collection – the Rhonda Weiss National Technical Assistance Center to Improve State Capacity to Collect, Report, Analyze, and Use Accurate IDEA Data in Accessible Formats – The state data collection program serves to help states meet data collection and reporting requirements under IDEA Part B and Part C. This program will help states develop an openly licensed software program in order to report and publish data that is accessible, usable, and manipulatable by persons with disabilities. This program will also provide technical assistance on accessible data reporting and publication. The estimated available funds for this program total $3,000,000, contingent upon the availability of funds and quality of applications. Applications are due by August 22, 2022, and further information is available here.

NSBA Update

NSBA Advocacy Team Congressional Meetings

This week NSBA's Advocacy team met with Senator Murray's staff about potential mental health legislation and regarding efforts to utilize ESSER funding to address learning loss.

NSBA's Advocacy team also met with House and Senate appropriators on FY2023 appropriations bills and funding levels for a variety of k-12 education programs. During meetings, several staff also expressed an interest in legislation to address educator shortages.

NSBA Urges Congress to Keep STEM Provisions in Competitiveness Bill 

Congress is considering the America COMPETES Act (S.1260) and the U.S. Innovation and Innovation and Competition Act (H.R.4521)-economic competitiveness legislation that could feature new computer science and STEM education programs. A version has passed the House and Senate and it is currently in conference.  

This week, NSBA sent a letter to congressional leaders urging they "preserve the Postsecondary STEM Pathways and the Improving Access to Elementary and Secondary Computer Science Education programs as the Senate and House work to resolve differences between the America Creating Opportunities for Manufacturing, Pre-Eminence in Technology, and Economic Strength Act of 2022 (H.R.4521) and the United States Innovation and Competition Act of 2021 (S.1260)." 

NSBA Action Alert: Urge Congress to Strengthen Investments in Special Education
A legislative action alert is available regarding support for increased investments in the Individuals with Disabilities Education Act (IDEA)-both through the current Fiscal Year 2023 appropriations process and the bicameral, tripartisan IDEA Full Funding Act (H.R. 5984 and S. 3213).

As we reported earlier, the House Appropriations Committee's mark for the FY2023 Labor, Health and Human Services, Education and Related Agencies funding bill would invest $16.3 billion in IDEA Part B grants to states and school districts, representing a $2.9 billion increase above the current funding level. This proposed increase would raise the federal share of funding for IDEA from the current 12 percent of the average per pupil expenditure to approximately 15 percent, and would represent more than a 20 percent increase in the federal share of funding for IDEA Part B grants for most states. 

As Congress considers Fiscal Year 2023 appropriations for education, NSBA urges greater investments in special education for the more than seven million students with disabilities who are served under IDEA, and also continues support for final passage and enactment of the IDEA Full Funding Act. This legislation would establish a clear path towards a strong federal commitment for IDEA-to provide up to 40 percent of the average per pupil expenditure promised when IDEA was enacted in 1975-that will help close achievement gaps and support the goal of equity in education for all students.  

More details are available at p2a.co/KnyOZYJ

July 8, 2022 (Archives)

Congress Remains on July 4^th Recess

This week the House and Senate remained on recess to commemorate the July 4^th holiday, spending time in their respective states and districts. Lawmakers will return next week, July 11, for a short work period ahead of Congress' annual August recess set to begin early next month. When lawmakers return to Capitol Hill, they will face a growing list of legislative items that they hope to address before the end of summer and the fast-approaching fall midterm elections. This includes work on expansive economic competitiveness legislation that could feature new Computer Science and STEM education programs.

As shared last week, the House Committee on Appropriations advanced funding legislation for the upcoming 2023 federal fiscal year (FY23) set to begin October 1 of this year. The bill proposes a nearly 13 percent increase in funding for the U.S. Department of Education and the programs it administers and oversees. Formal progress on federal funding legislation in the Senate has not yet started. Unless lawmakers can find consensus ahead of this October 1 deadline, the likelihood that Congress will need to pass temporary stopgap legislation to extend current FY22 funding levels, known as a continuing resolution, increases substantially, particularly in the context of the approaching midterm elections set for this November. As these efforts continue, NSBA will advocate for a robust investment in schools and districts to fully meet the funding needs of the K-12 education community in the coming federal fiscal year.

Administration

Administration Highlights Funding for Academic Recovery

On Tuesday, July 5, the U.S. Department of Education announced a series of actions to help address student learning loss as a result of the pandemic. Dubbed the National Partnership for Student Success, USED will partner with AmeriCorps and the Johns Hopkins School of Education to recruit a quarter of a million new school tutors and mentors in the coming years. Officials hope that this additional capacity will help more schools and districts accelerate student learning and reverse troubling learning loss trends seen in recent years. The effort highlights how stakeholders can leverage and otherwise make use of federal pandemic aid funding provided as part of the American Rescue Plan. More information on the effort can be found here.

School-Based Medicaid Reimbursements 

As we reported last month, the Bipartisan Safer Communities Act includes provisions requiring updated guidance regarding school-based Medicaid, the establishment of a school Medicaid technical assistance center, and $50 million in grants for states and school districts to implement, enhance, or expand their school Medicaid programs.  

Specifically, the provisions within Section 11003 for Supporting Access to Health Care Services in School require the U.S. Departments of Health and Human Services and Education to issue guidance within one year on the delivery of services to Medicaid and Children's Health Insurance Program (CHIP) beneficiaries in school-based settings. The guidance should include: 

• Updates to the May 2003 Medicaid School-Based Administrative Claiming Guide and the 1997 Medicaid and Schools Technical Assistance Guide;
• Clarifications that Medicaid covers services for all Medicaid-enrolled students (IEP or through free care);
• Strategies that states can take to reduce administrative burdens and simplify billing; and,
• A comprehensive list of best practices for implementing school-based Medicaid.

The statute also authorizes the establishment of a technical assistance center on school-based Medicaid to assist and expand the capacity of state Medicaid agencies, local educational agencies, and school-based entities, and provides $50 million for grants to states for the purpose of implementing, enhancing, or expanding assistance through school-based entities under Medicaid or CHIP. We expect more details regarding this upcoming guidance from the Centers for Medicare and Medicaid Services soon. 

Discretionary Grants

The Office of Elementary and Secondary Education invited applications for the following programs:

• Expanding Opportunity through Quality Charter Schools Program (CSP) – Grants to State Entities (State Entity) – Authorized under Title IV, Part C of the ESEA, as amended by ESSA, the state entity grant competition awards grants to state entities – stat entities must then award subgrants to eligible applicants in order to open new charter schools and replicate and expand high-quality charter schools. These funds may also be used for technical assistance and grant administration. The estimated available funds for this program total $73,000,000, contingent upon the availability of funds. Applications are due by August 5, 2022, and further information is available here. 

• Expanding Opportunity through Quality Charter Schools Program (CSP) – Grants to Charter School Developers for the Opening of New Charter Schools and for the Replication and Expansion of High-Quality Charter Schools (Developer Grants) – The CSP Developer Grants focus on enabling charter school developers to open and operate new or replicated charter schools or to expand high-quality charter schools in states that do not have a CSP State Entity grant (see above). The one competitive preference priority for this grant program is as follows: Promoting High-Quality Educator- and Community-Centered Charter Schools to Support Underserved Students. The estimated available funds for this program total $4,000,000, contingent upon the availability of funds and quality of applications. Applications are due by August 5, 2022, and further information is available here.

ESSA State Plan Amendments

The U.S. Department of Education published ESSA consolidated state plan amendments that states submitted using the COVID-19 State Plan Addendum for the 2021-2022 school year. The Department recently approved the following state plan addendums:

• Alabama (approval letter)
• Delaware (approval letter)
• Oregon (approval letter)
• Virginia (approval letter)
• Washington (approval letter)

July 1, 2022 (Archives)

House Lawmakers Advance FY23 Education Funding Bill

The House Committee on Appropriations has been busy the last few weeks finalizing each of the 12 individual spending bills that compose the federal government budget. As NSBA shared last week, the Subcommittee on Labor, Health and Human Services, Education, and Related Agencies marked up and passed the federal fiscal year 2023 (FY23) Labor, Health and Human Services, Education, and Related Agencies Bill. This bill was further amended and later approved by the full committee on Thursday, June 30, by party-line vote 32-24. This legislation, which provides funding for the U.S. Department of Education (ED) and the programs it administers, will now be knitted together later this month as part of a wider FY23 spending package House Democrats hope to pass in the near future.

If enacted, the bill would provide a nearly 13 percent increase in funding for ED, along with the various programs it oversees. The measure would increase funding for Title I of the Every Student Succeeds Act (ESSA) by 17.1 percent, bringing the total investment in this important program to $20.5 billion. In addition, the bill proposes a nearly 22 percent increase to the Individuals with Disabilities Education Act (IDEA), particularly via increased investments in state IDEA grants. NSBA's advocacy team will continue to monitor this legislation's progress and engage with partners in Congress to secure much-needed funding in the coming year to meet the needs of the K-12 community.

President Biden Signs Gun and School Safety Package Into Law

As shared last week, Congress approved a bipartisan gun and school safety package in response to several mass shootings that have recently taken place across the nation, including in an elementary school in Uvalde, Texas. Dubbed the Bipartisan Safer Communities Act (S. 2938), the legislation makes a number of changes to gun policy including strengthening background checks for gun purchases to include a review of juvenile justice records for individuals under the age of 21. In addition, the legislation invests significant new funding into K-12 schools to assist with mental health efforts within communities. These funds include an additional $1 billion for ESSA's Title IV-A Student Support and Academic Enrichment grant program, $500 million in new competitive grants for school-based mental health services, and $50 million for the 21^st Century Community Learning Centers program.

School Meal Waivers Extended Through the Summer

Over the weekend, President Biden signed into law legislation that will provide a three-month extension of universal free school meals-a move that will ensure students avoid a "hunger cliff" on June 30 when current school meal flexibilities were set to expire. The Keep Kids Fed Act (S. 2089) is a compromise between Republicans, who opposed extending school meal flexibilities due to costs and Democrats who favored extending these flexibilities through the entire 2022-23 school year.

June 24, 2022 (Archives)

Congressional Update

House Lawmakers Approve Fiscal Year 2023 Education Funding Bill

On Thursday, June 23, the House Appropriations Committee's Subcommittee on Labor, Health and Human Services, Education, and Related Agencies held a hearing to consider and vote on the federal fiscal year 2023 (FY23) Labor, Health and Human Services, Education, and Related Agencies Bill. If enacted the bill would provide $86.7 billion for the U.S. Department of Education (ED)-a proposed 13 percent increase over FY22 enacted levels for the agency and the programs it oversees. Notably, the legislation would increase funding for Title I of the Every Student Succeeds Act (ESSA) by 17.1 percent, bringing the total investment in this important program to $20.5 billion. In addition, the bill proposes a nearly 22 percent increase to the Individuals With Disabilities Education Act (IDEA), particularly via increased investments in state IDEA grants.

Late Thursday evening, the subcommittee advanced this legislation by voice vote for further consideration by the full House Appropriations Committee-a next step that is scheduled for June 30. An archive webcast of the markup, including bill text, can be found here.

NSBA urges Congress and the Administration to provide increased funding and additional resources to support local school districts' efforts to address students' mental health, safety, and social needs. NSBA believes education funding should be of the highest federal priority to ensure that our nation's students can meet the challenge of world-class standards and responsible citizenship.  

Further, NSBA supports investments in early, elementary, and secondary education, including those to improve equity in educational opportunity, increase federal special education aid to meet Congress' obligation to fund 40 percent of the cost of educating children under the requirements of IDEA, ensure that the requirements of the Elementary and Secondary Education Act (ESEA) are fully funded as authorized in the law, support teacher preparation programs, and to ensure that school districts serving immigrant students or Limited English Proficient/English Language Learners (LEP/ELL) are provided with the necessary resources for those students as they make the transition into our society. 

House and Senate Pass Agreement on Guns and School Safety

As shared last week, a bipartisan group of senators led by Senators Chris Murphy (D-CT) and John Cornyn (R-TX) announced that they reached agreement on a high-level framework in response to the latest mass shooting in a K-12 school. Since that time, these senators have been working to translate this agreement into legislative text. On Tuesday, June 21, this group unveiled the text of the agreement which will make modest changes to gun safety policies while investing significant new resources into mental health services, especially programs centered in schools. A factsheet of the agreement can be found here and text of the package can be found here. The bill passed by the Senate on June 23 by a vote of 65-33-2. The House is expected to take up and pass this measure later today.

Along with provisions regarding firearms, the measure includes several provisions to support children and family mental health services through Medicaid and the Children's Health Insurance Program (CHIP), including resources for training and development to increase the number of mental health professionals for school-based services. Also, access to mental health services via telehealth platforms would be expanded under this legislation. 

For school-based mental health services, the Bipartisan Safer Communities Act would direct the U.S. Department of Health and Human Services and U.S. Department of Education to assist school districts and state Medicaid agencies with best practices and to issue guidance updating the May 2003 Medicaid School-Based Administrative Claiming Guide, the 1997 Medicaid and Schools Technical Assistance Guide, and other relevant directives. The bill would clarify that payments may be made to school-based entities under Medicaid for delivering assistance in accordance with an individualized education program (IEP) or under the policy described in the December 15, 2014, State Medicaid Director letter on payment for services. 

 This measure would also provide targeted assistance to small and rural school districts, resources to reduce administrative burdens and simplify billing for districts, and pediatric mental health care access grants to districts and emergency departments. The Bipartisan Safer Communities Act would provide more than $1 billion in additional funding to school districts and states via the Every Student Succeeds Act (ESSA) Title IV Student Support and Academic Enrichment Program through September 30, 2025. Among other provisions, this measure would provide additional funding for afterschool programs via the ESSA 21^st Century Community Learning Centers program, more than $200 million in additional funding for the STOP School Violence grants administered by the U.S. Department of Justice, $250 million for community violence intervention and prevention initiatives, and $100 million for the Community Oriented Policing Services (COPS) program.

Senate HELP Committee Holds Pandemic Learning Hearing

On Wednesday, June 22, the Senate Health, Education, Labor, and Pensions (HELP) Committee held a hearing titled "Supporting Students and Schools: Promising Practices to Get Back on Track." The hearing focused on the impact of the pandemic on student learning and how schools are working to reverse student learning loss and get them back on track. The hearing highlighted the disproportionate impact the pandemic has had on student learning, especially those from underserved populations. Witnesses included a range of perspectives including Kurt Russell-the 2022 National Teacher of the Year. An archived webcast, including witness testimony, can be accessed here.

House Passes Bipartisan Bill to Extend USDA Waivers for Child Nutrition Services

Leaders of the House Committee on Education and Labor and the Senate Agriculture Committee announced an agreement on legislation this week-the Keep Kids Fed Act (H.R. 8150)-to extend school meal waiver authority to provide schools with the continued flexibility needed through this summer and the upcoming school year to help manage supply chain issues and labor shortages affecting child nutrition services. Without an extension of the current waivers, school districts and communities could face greater challenges in managing supply chain, operational, and access challenges impacting meal programs.  

The House passed the Keep Kids Fed Act on June 23 by a vote of 376 to 42. Senate consideration is expected soon. As the Keep Kids Fed Act would extend the waivers through the 2022-23 school year, school food authorities (SFAs) will be able to update data regarding school meal participation, as these numbers have changed since the COVID-19 pandemic. The waiver authority has helped districts address food insecurity for numerous students, which impacts their ability to learn and succeed in school.  

Additionally, H.R. 8150 is budget neutral, as it would not authorize new expenditures. The text for the Keep Kids Fed Act is posted at https://edlabor.house.gov/imo/media/doc/keep_kids_fed_act_bill.pdf. An action alert is available at https://p2a.co/cSEAC3S to support the Keep Kids Fed Act. Please visit https://www.usda.gov/coronavirus/school-meals for further details regarding the USDA waiver authority. 

Senate Finance Committee Releases Discussion Draft for Youth Mental Health Services Legislation 

In response to several hearings exploring challenges affecting mental health services, the Senate Finance Committee has released its discussion draft for youth mental health services legislation that includes provisions to improve school-based mental health services under Medicaid and the Children's Health Insurance Program, including targeted assistance to rural and small schools. This legislation also seeks to improve enforcement and oversight of Medicaid's Early and Periodic Screening, Diagnostic and Treatment (EPSDT) benefit for children, streamline enrollment for out-of-state providers in another state's Medicaid program, and direct Medicaid to guide states on how they can cover treatment for family care services for foster youth with intensive mental health needs. 

This legislation is expected to be part of a larger, comprehensive mental health care package that the Senate Committee on Health, Education, Labor and Pensions (HELP) is drafting. The discussion draft is available at https://www.finance.senate.gov/imo/media/doc/061422%20Finance%20Committee%20Youth%20Mental%20Health%20Discussion%20Draft.pdf.  

U.S. House of Representatives Passes Mental Health Bills 

The House passed several mental health bills this week, including the bipartisan Restoring Hope for Mental Health and Well-Being Act of 2022 by a vote of 402 to 20. The legislation, led by Energy and Commerce Committee Chairman Frank Pallone (D-NJ) and Ranking Member Cathy McMorris Rodgers (R-WA), includes amendments for programs to improve suicide prevention, enhance funding and planning for the National Suicide Prevention Lifeline, provide resources for child and adolescent mental health, as well as behavioral health integration in pediatrics and study the true cost of untreated mental illness.

This legislation would reauthorize the Comprehensive Community Mental Health Services for Children with Serious Emotional Disturbances Program, the Community Mental Health Services Block Grant, the Substance Abuse Prevention and Treatment Block Grant, the Pediatric Mental Health Care Access Grant, grants for screening and treating maternal depression and related behavioral disorders, grants related to suicide prevention, and grants to support the behavioral health workforce. This measure is expected to be included in Senate negotiations for a comprehensive package to improve access to services for mental health, suicide prevention, and substance abuse prevention. 

NSBA urges Congress and the Administration to provide increased funding and additional resources to support local school districts' efforts to address students' mental health, safety, and social needs, including programmatic resources to support trauma-responsive and trauma-informed teaching and learning. NSBA urges Congress and the Administration to provide greater and sustained resources for locally determined programs that are critical to school safety, such as school resource officers, school counseling, emergency preparedness and response training, interagency coordination, and a federal school safety technical assistance center to serve as a resource and clearinghouse of federal guidance and training resources. NSBA urges greater and sustained federal resources that expand access to mental health services and support comprehensive wraparound services to schools that include a range of community resources to address safety and intervention. Further, NSBA reaffirms the purpose of the Gun-Free School Zones Act to ensure the safety of our nation's schoolchildren.  

School Meals: USDA Food and Nutrition Services Administrator Testifies Before House Committee   

On June 23, the House Education and Labor Subcommittee on Civil Rights and Human Services convened a hearing on "Examining the Policies and Priorities of the U.S. Department of Agriculture's Food and Nutrition Service (FNS)" with FNS Administrator Cindy Long. During the hearing, Members discussed the Keep Kids Fed Act-the bipartisan legislation to extend school meals waiver authority to the USDA through the 2022-23 school year that was passed by the House later that day. 

 Ms. Long stated that before the pandemic, about 30 million students participated in school meals programs, including nearly 22 million from low-income families that received these meals free or at a reduced price. Pertinent to the USDA waiver authority, Ms. Long noted that during the 2021-22 school year, FNS surveyed all school districts nationwide to better understand the scale and nature of supply chain issues facing districts, and about 92 percent reported challenges due to supply chain disruptions, such as procuring enough of the foods needed, hiring staff to operate the programs, and accommodating cost increases.  

Ms. Long responded to members' questions about how FNS is engaging with school food authorities to reduce plate waste within school meal programs and to remove any stigma associated with receiving free and reduced-price meals. She added that the USDA's Farm to School programs, which provide students opportunities to grow and harvest foods, are successful in getting students to try more healthy foods. Video of the hearing is available at https://edlabor.house.gov/hearings/06/16/2022/examining-the-policies-and-priorities-of-the-us-department-of-agricultures-food-and-nutrition-service. 

Administration Update

ED Proposes New Title IX Rule

On Thursday, June 23, the U.S. Department of Education (ED) proposed a set of changes to Title IX regulations-rules that are intended to prohibit sex discrimination at federally-funded schools. The announcement coincides with the 50^th anniversary of Title IX and would expand these protections for transgender students, among a host of other changes that determine how K-12 and postsecondary schools must respond to complaints of sexual discrimination, harassment, or assault. The proposal will be published on the Federal Register soon, with ED inviting the public to comment and provide feedback on the proposal within 60 days. In the meantime, an unofficial version of the proposal can be accessed here.

ED Hosts Pathways Event

On Tuesday, June 21, the U.S. Department of Education hosted a virtual event titled "Pathways in Action." The event convened experts and stakeholders including community colleges, employers, school districts, workforce development boards, and community-based organizations to share perspectives and best practices for how to advance stronger career and college pathways for students. The event also emphasized the various roles that federal agencies have in implementing pathways as well as identifying areas where more improvements are needed to ensure that every learner can benefit from these opportunities. The convening is part of ED's wider efforts to promote a proposed "Career Connected High Schools" initiative as part of its FY23 budget request. More on the event can be found here.

June 17, 2022 (Archives)

Senate Nears Agreement on Guns and School Safety

Earlier this week a bipartisan group of Senators led by Chris Murphy (D-CT) and John Cornyn (R-TX) announced that they had reached agreement on a high-level framework in response to the latest mass shooting in a K-12 school. The framework includes a series of provisions aimed at enhancing school security, improving access to mental health services, while making modest changes to gun safety measures. Senators are currently working to translate this agreement into legislative text. While Senators were optimistic text would emerge this week, Republicans have voiced opposition regarding how the forthcoming package would implement so-called "red flag law" incentive grants as well as the "boyfriend loophole"-provisions that are intended to preemptively prevent certain individuals from obtaining firearms. This opposition has slowed progress, likely meaning a proposed bill will emerge sometime next week.

House Examines Data Privacy and Security

On Tuesday, June 14, the House Committee on Energy and Commerce (EC) convened a hearing titled "Protecting America's Consumers: Bipartisan Legislation to Strengthen Data Privacy and Security." The hearing centered on the recent bipartisan and bicameral release of the American Data Privacy and Protection Act (ADPPA)-discussion draft legislation that is broadly intended to develop a comprehensive federal framework to protect consumer data privacy and security. The hearing provided perspectives on this proposal and a platform to discuss these issues in greater detail. This included discussions regarding raising the covered age of data protections for children and minors from 13 to 17 years of age. An archived webcast of the hearing, including witness testimony, can be accessed here.

Administration Update

USED Launches Parent and Family Engagement Council

On Tuesday, June 14, the U.S. Department of Education (USED) announced the creation of a National Parents and Families Engagement Council-a new advisory entity that will help guide the Department's ongoing work with parents, families, and caregivers. According to a USED press release, "The Council will help foster a collaborative environment where we can work together to serve the best interest of students and ensure they have the academic and mental health support they need to recover from the pandemic and thrive in the future." More information can be found here.

FCC Announces New Funding Commitments

Late last week, the Federal Communications Commission (FCC) announced the first wave of funding commitments from its most recent third filing window for the Emergency Connectivity Fund (ECF). Created as part of the American Rescue Plan, the ECF Program allows eligible schools and libraries to apply for financial support to purchase connected devices like laptops and tablets, Wi-Fi hotspots, modems, routers, and broadband connectivity to serve unmet needs of students, school staff, and library patrons at home during the COVID-19 pandemic. Securing initial funding for the ECF was one of NSBA's top legislative priorities during the pandemic. This new wave of funding includes over $244 million in funds to support 259 schools, 24 libraries and 1 consortium. The total funding approved to date is $5.1 billion including previous windows 1 and 2.

Departments Issue Recommendations to Improve Young Children's Social-Emotional Development, Mental Health 

On June 14, the U.S. Departments of Education and Health and Human Services issued a "Dear Colleague" Letter with the following four recommendations to equitably support the social-emotional development and mental health of young children: 

• Implement evidence-based practices that support positive social-emotional development and mental health for all children and wellness for every caregiver;
• Prioritize workforce wellness and enhance workforce capacity to identify and respond to children's and families' social-emotional and mental health needs;
• Leverage policy and funding to increase access to social-emotional and mental health support and reduce barriers to access; and,
• Use data to promote equitable implementation and outcomes.

These recommendations are accompanied by suggested action steps, references to local examples, and a series of videos to be released throughout the summer. The recommendations and videos are available online at https://www2.ed.gov/documents/students/hhs-ed-dcl-early-childhood-mental-health-20220615.pdf?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term= 

and https://cblcc.acf.hhs.gov/shareable-media/videos/acf-video-series/childrens-social-emotional-development-and-mental-health-why-does-it-matter/?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=. 

Discretionary Grants

The Office of Special Education and Rehabilitative Services invited applications for the following program:

• State Personnel Development Grants – The State Personnel Development Grant program ensures that state educational agencies are able to improve their systems to better prepare personnel and provide professional development in early intervention, educational, and transition services, with a goal of improving results for children with disabilities. The estimated available funds for this program total $21,666,664. Applications are due by July 25, 2022, and further information is available here.

Bills

• R.8086 - 117th Congress (2021-2022) To amend the Workforce Innovation and Opportunity Act to provide direct hire authority for Job Corps graduates, and for other purposes. Sponsor: Rep. O'Halleran, Tom [D-AZ-1]
• R.8064 - 117th Congress (2021-2022) To amend the Workforce Innovation and Opportunity Act to establish demonstration and pilot projects to facilitate education and training programs in the field of advanced manufacturing. Sponsor: Rep. Torres, Norma J. [D-CA-35]
• R.8055 - 117th Congress (2021-2022) Strengthening School Security for Students Act Sponsor: Rep. Garcia, Mike [R-CA-25]
• R.8037 - 117th Congress (2021-2022) Nonprofit and School Security Grant Program Act Sponsor: Rep. Issa, Darrell E. [R-CA-50]
• 4410 - 117th Congress (2021-2022) A bill to amend the Higher Education Act of 1965 to provide for comprehensive student achievement information. Sponsor: Sen. Romney, Mitt [R-UT]
• 4384 - 117th Congress (2021-2022) A bill to authorize the Secretary of Education to make grants to support educational programs in civics and history, and for other purposes. Sponsor: Sen. Coons, Christopher A. [D-DE]

NSBA Update

NSBA Urges Congress to Sustain Investments in the Emergency Connectivity Fund (ECF)  

NSBA and other groups representing elementary and secondary education and libraries are urging Congress to continue investments in the Emergency Connectivity Fund (ECF) that was established in March 2021 to help schools and libraries provide the tools and services families and communities need, especially during the COVID-19. In total, the Federal Communications Commission (FCC) has reported that the ECF has connected more than 12.5 million students to the internet since its inception. Before this program was established through the American Rescue Plan Act, more than 16 million students were affected by the homework gap. 

Currently, the demand for ECF resources far exceeds the amount of funds available to cover reasonable costs for laptop and tablet computers, Wi-Fi hot spots, modems, routers, and related broadband connectivity purchases to help keep students, school staff, and library patrons connected to classroom instruction and other vital services. Schools and libraries have requested $2.8 billion in ECF funding for the next school year. However, only an estimated $1.5 billion remains, thereby leaving the ECF without enough resources to meet that demand.  

NSBA urges Congress and the FCC to close the education technology gap, commonly called the homework gap, for children in rural and low-income communities who lack access to or cannot afford the out-of-school technology and digital connectivity needed for academic success and innovative instruction options such as personalized learning that promotes 21st century life and work skills. 

More details about the ECF are available at https://www.fcc.gov/emergency-connectivity-fund. 

NSBA Urges Congress to Protect Direct Subsidy Bonds to School Districts and Other Public Entities

Along with other organizations representing state and local governments, NSBA urged Congress to protect direct subsidy bond payments to school districts, public utilities, healthcare systems, and other public entities. Through bond programs established under the American Recovery and Reinvestment Act of 2009-10 – such as Build America Bonds (BABs), Qualified School Construction Bonds (QSCBs), Qualified Zone Academy Bonds (QZAB), New Clean Renewable Energy Bonds (New CREBs), and Qualified Energy Conservation Bonds (QECBs) – the U.S. Treasury provides a type of rebate, or direct subsidy, to school districts, counties, and other issuers quarterly that is equal to 35 percent of the interest paid to the bondholders. Without Congress intervening, the direct subsidy payments could be eliminated under budget sequestration. Specifically, the organizations are urging Congress to adopt a measure that will waive the Pay as You Go Act (PAYGO) provisions impacting the direct subsidies, and thereby protect payments to issuers of these special purpose bonds that were already reduced under the Budget Control Act of 2011. Otherwise, thousands of state and local entities will not receive any payments guaranteed to them under the law. 

These bonds, issued for long-term infrastructure obligations, have supported the construction, rehabilitation, and repair of public school facilities. School districts and other state and local governments issued up to $22 billion of QSCBs, including $11 billion allocated in 2009 and another $11 billion in 2010. Indian tribal governments were given authority to issue an additional $200 million annually in 2009 and 2010. QSCBs were allocated to local education authorities (LEAs) with the largest populations of school-age students in under-resourced communities; to LEAs determined to be "in-need" by the Secretary of Education; and to states based on their proportion of Title I grant funding for disadvantaged students. Eliminating payments to issuers of QSCBs would hurt hardest the schools and states serving some of the nation's most disadvantaged students. 

NSBA supports the utilization of tax-exempt bonds for construction and other capital improvement projects approved by traditional local school boards. Further, NSBA opposes any efforts to limit the issuance, tax-exempt status, and advance refunding of such bonds through changes in the federal tax code. 

June 10, 2022 (Archives)

Congressional Update

Cardona Testifies on Budget as the House Moves Forward on FY23 Funding

On Tuesday, June 7, the Senate Committee on Appropriations' Labor, Health, and Human Services, Education, and Related Agencies Subcommittee hosted U.S. Secretary of Education Miguel Cardona to testify about the Administration's fiscal year 2023 (FY23) budget request for the U.S. Department of Education. The hearing focused extensively on forthcoming student loan proposals currently under consideration by the Biden Administration. In the wake of the recent school shooting in Uvalde, Texas, Senators also debated policy approaches to increasing school safety, including greater investments in mental health, school infrastructure changes, and providing firearms and related training to teachers. In addition to these subjects, lawmakers asked a wide range of questions of Secretary Cardona regarding online and remote learning, student data privacy, and efforts to mitigate student learning loss among other topics.

An archived webcast of the hearing, including Secretary Cardona's testimony, can be accessed here. In other FY23 funding news, lawmakers in the House advanced a key procedural measure this week to begin debate on the 12 individual appropriations bills that compose the federal discretionary budget. This measure sets an overall $1.6 trillion budget limit for FY23-the same amount that was requested in President Biden's most recent budget request-which will allow appropriators to begin to allocate this proposed amount among forthcoming spending bills. NSBA's advocacy team expects this work to begin later this month, potentially as soon as next week, ahead of the July 4^th Congressional recess. As these efforts get underway, we will continue to advocate for a robust investment in schools and districts to meet the significant funding needs of the K-12 community.

Senate Confirms New OCTAE Leader

On Wednesday, June 8,  the Senate voted 57-42 to confirm Dr. Amy Loyd to be the next Assistant Secretary for Career, Technical, and Adult Education. In this position Dr. Loyd will lead the Office of Career, Technical, and Adult Education (OCTAE) within the U.S. Department of Education-a posting that oversees career and technical education programs like the Carl D. Perkins Career and Technical Education Act (Perkins V). Following the vote, Secretary of Education Miguel Cardona issued a statement saying, in part, "I am thrilled by the Senate's confirmation of Amy Loyd, whose expertise in the intersection between education and workforce development will make her an excellent assistant secretary."

Victims Speak about Impact of Tragedy in Uvalde, TX

This week the House Committee on Oversight and Reform convened a hearing that included testimony from victims of the tragedy at Robb Elementary School in Uvalde, TX. While a focus of the hearing was proposed changes to firearms laws, witnesses' testimonies yielded information and examples pertinent to the need for more resources and greater access to mental health supports for youth, which has been prioritized by several congressional committees including the House Committees on Energy and Commerce and Education and Labor, as well as the Senate Committees on Health, Education, Labor and Pensions (HELP) and Finance. As NSBA continues advocacy regarding increased supports for youth mental health services, we are providing this update along with the following statements about the hearing from the Majority and Minority Committee members.

oversight.house.gov/news/press-releases/...

republicans-oversight.house.gov/release/...

Administration Update

GAO Study on Pandemic's Impact on Learning

On June 8, the Government Accountability Office (GAO) published a new report examining the pandemic's impact on student academic achievement and progress in the 2020-21 school year. The study made use of data from a nationally representative survey and found that 52 percent of teachers reported having more of their students start the 2020-21 school year further behind than in a typical year. It also found that 64 percent of respondents reported having students making less academic progress than in a typical school year and nearly half of surveyed teachers reported having at least half of their students end the school year a grade level behind. Additional information about the study can be found here.

Secretary Cardona Highlights Efforts Needed to Support the Teaching Profession

On May 9, U.S. Secretary of Education Miguel Cardona discussed how the nation can support teachers and elevate the teaching profession. During an address and fireside chat at the Bank Street College of New York, Secretary Cardona detailed how his Department, states, school districts, and higher education institutions can recruit, prepare, and retain effective teachers. He highlighted a number of points, including the need to provide teachers with livable wages, greater professional learning and leadership opportunities after induction, more residency and mentorship programs, access to public service loan forgiveness, and improved reciprocity to ensure that teacher licensure is easier among states. Secretary Cardona also cited existing challenges in that many teachers qualify for public assistance in several states, the average starting salary for teachers in some states is about $34,000, and in a number of areas, teachers earn about 60 percent of what other college-educated professionals earn.

Secretary Cardona noted that the administration's Fiscal Year 2023 budget request to Congress includes nearly $722 million in additional funding for teachers/effective instruction, and that Oct. 31 is the last day to apply for public service loan forgiveness (PSLF) under flexibilities in program rules as a result of the COVID-19 emergency. PSLF is available to teachers and other public service employees (studentaid.gov/manage-loans/forgiveness-cancellation/...).

For additional details about these efforts to support educators and the teaching profession, please see the Department's fact sheet on Sustaining Investments in Teachers Beyond the American Rescue Plan at www2.ed.gov/documents/coronavirus/....

In addition to Secretary Cardona's address, the House Appropriations Subcommittee on Labor, Health and Human Services, and Education held a recent hearing on addressing teacher shortages that yielded findings and recommendations about increasing high-quality teacher residencies, local "grow your own" programs, and ways to attract and retain effective educators in high-needs disciplines such as special education. You can view a recording of the hearing at appropriations.house.gov/events/hearings/....

NSBA continues to urge greater federal support to help address educator shortages through resources for innovation and implementation of locally developed strategies to improve teacher and principal effectiveness.

Discretionary Grants

USED published notice on a discretionary grant program for the Office of Elementary and Secondary Education:

• Indian Education Discretionary Grants Program – Native American Language Program – The Native American Language Program provides support to schools that use Native American and Alaska Native languages as the primary language and it seeks to use, practice, maintain and revitalize the rights of Native Americans and Alaska Natives to use these languages. This program further encourages the Nation's First Peoples' to revitalize their language and cultures and improve educational opportunities for Native American and Alaska Native Communities. The estimated available funds for this program total $1,054, 537, which is contingent on the availability of funds and quality of applications. Applications are due by August 2, 2022, and further information is available here.

ESSA State Plan Amendments  

The U.S. Department of Education is now reviewing ESSA consolidated state plan amendments that are submitted using the COVID-19 State Plan Addendum for the 2021-2022 school year. The following state plan addendums have now been approved:

•  District of Columbia (approval letter)
• Georgia (approval letter)

Bills

•  R.7966 - 117th Congress (2021-2022) To provide for increased authorization of funding to secure schools, and for other purposes. Sponsor: Rep. Hudson, Richard [R-NC-8]
• R.7956 - 117th Congress (2021-2022) To require the President to submit a report to Congress on the actions Executive agencies are taking to make school security improvements at public elementary and secondary schools, and for other purposes. Sponsor: Rep. Carter, Earl L. "Buddy" [R-GA-1]
• Res.1154 - 117th Congress (2021-2022) Expressing support for the designation of June 2022 as "National Cybersecurity Education Month". Sponsor: Rep. Garbarino, Andrew R. [R-NY-2]
• R.7942 - 117th Congress (2021-2022) Securing Our Students Act Sponsor: Rep. Owens, Burgess [R-UT-4]
• R.7933 - 117th Congress (2021-2022) Keep Infant Formula Safe and On the Shelves Act of 2022 Sponsor: Rep. DeLauro, Rosa L. [D-CT-3]

NSBA Update

NSBA Supports Homework Gap Funding

NSBA joined 41 education and library organizations in endorsing efforts in Congress to find additional funding for the Emergency Connectivity Fund (ECF). The ECF was created as part of the American Rescue Plan to help bridge the gap for students lacking the home broadband and devices necessary for education. Schools and libraries have received over $4.8 billion through the program, which they have used to subsidize the purchase of more than 10 million devices and 5 million home broadband connections. In total, the ECF has connected more than 12.5 million students to the internet. To maintain this impressive progress in closing the homework gap, schools and libraries requested another $2.8 billion for the next school year. With only an estimated $1.5 billion remaining, the ECF will be unable to meet that demand.  The 42 endorsing organizations were listed in a Dear Colleague letter from Rep. Grace Meng asking Members of Congress to join her in asking Speaker Pelosi and Majority Leader Schumer to help find additional funding for ECF.

June 3, 2022 (Archives)

Congressional Update

Congress was on recess this week but will reconvene on Monday, June 6. Following the tragic events in Uvalde, TX, we expect the Senate and House to debate school safety and gun control legislation, even as legislators continue work on the fiscal year 2023 appropriations process and other June priorities. The Senate and House education committees have not yet published hearing schedules for early June, but NSBA will closely monitor and report on the committee's activities.

Administration Update

NCES Publishes Annual Condition of Education Report

The National Center for Education Statistics at the Institute for Education Sciences published its annual report, mandated by Congress, the Condition of Education 2022. The report found that enrollment rates fell overall from preschool age through undergraduate programs, with the exception of for-profit undergraduate institutions, which rose by 4% in 2020 when compared to 2019. The report includes, for the first time, interactive figures which will help viewers to manipulate the data more easily than past reports.

GAO Publishes Broadband Report on Efforts to Reduce Digital Divide

The Government Accountability Office (GAO) published a report earlier this week titled "Broadband: National Strategy Needed to Guide Federal Efforts to Reduce Digital Divide."  The GAO was asked to review federal broadband efforts and examine the fragmentation and overlap among federal programs as well as the extent to which interagency coordination efforts are guided by a strategy or other objectives.

GAO found that federal broadband spans over more than 100 programs and is administered by fifteen agencies, noting that efforts are very fragmented and overlapping however, many Americans still lack broadband access and communities with limited resources may be the most affected by these fragments.  The report provides three recommendations:

• NTIA should identify key statutory limitations to program alignment and develop legislative proposals as necessary,
• the NTIA Office of Internet Connectivity and Growth should regularly seek and incorporate user feedback when updating the Broadband USA Federal Funding Guide, and
• the Office of the President should develop and implement a national broadband strategy with clear roles, goals, objectives, and performance measures to support better management of the fragmentation of programs and synchronize coordination efforts.

The full report can be found here. On a related note, NSBA is continuing to collaborate with other national organizations to seek additional funding for the Emergency Connectivity Fund for the next school year so that all students and instructional staff have access to home broadband for learning.

CDC Updates Guidance for K-12 Schools for In-Person Learning

Late last week, the Centers for Disease Control and Prevention updated its "Operational Guidance for K-12 Schools and Early Care and Education Programs to Support Safe In-Person Learning."  The update notes that if a school experiences a COVID-19 outbreak, they should consider additional mitigation strategies regardless of community level transmission rates to keep students safe while learning in person. Education Secretary Cardona commented that it is imperative to provide a healthy environment for communities and by "working with local health officials and using layered prevention strategies we can allow our students to continue down the road to recovery this summer and beyond". The updated guidance can be found here.

Discretionary Grant Opportunities

The Office of Elementary and Secondary Education invited eligible national nonprofit organizations to apply for a grant through the Assistance for Arts Education Program. Applicants must propose to use the funds for, "[o]ne or more high-quality arts education projects that (1) support community and national outreach activities that strengthen and expand partnerships among schools, LEAs, communities, or centers for the arts, including national centers for the arts; (2) are designed to implement, or expand, initiatives in arts education and arts integration; and (3) have a special emphasis on serving children from low-income families and children with disabilities." And through the competitive priority, the Department will prioritize eligible national nonprofit organizations that have previously implemented a large-scale AENP project. The estimated available funds for this program total $8,000,000. Applications are due by June 30, 2022, and further information is available here.

NSBA Submits Comments to FCC on Proposed E-rate Changes

NSBA submitted reply comments to the Federal Communications Commission's (FCC) proposed changes to the schools and libraries universal service program's ("E-rate") competitive bidding requirements. While we support measures to improve the competitiveness of the market and to reduce or eliminate potential fraud, the proposed competitive bidding proposal would be overly burdensome on E-rate applicants and would conflict with state and local procurement laws.

NSBA's reply comments included the following points:

• We are concerned that the Commission's proposal to establish a national bidding portal may make the E-rate application process significantly more complicated without providing offsetting fraud-prevention benefits to program participants and the public.
• The Commission's past reliance on state and local procurement requirements, as a mechanism to protect the E-rate's funds from misappropriation, has been a success.
• We urge the Commission to forgo creating any national rules that might conflict with existing laws and regulations and instead seek ways to help applicants better satisfy existing record retention and related requirements at issue in this proceeding.
• Rather than creating a national bidding portal and an additional layer of possibly complex requirements, NSBA encourages the Commission to explore ways that the Universal Service Administrative Company could help applicants avoid mistakes and misunderstandings of the rules, including through improved E-rate guidance, professional development, and ongoing technical assistance.

May 27, 2022 (Archives)

Congressional Update

Secretary Cardona Issues Statement Regarding the Tragedy in Texas

On Tuesday, May 24, U.S. Secretary of Education Miguel Cardona issued a statement in the wake of the tragic shooting that occurred at an Elementary School in Uvalde, Texas. He shared, in part, "My heart is aching for all the families in Uvalde, Texas who are living through every parent's greatest fear and worst nightmare: a shooting in their children's school . . . My team at the Department of Education is offering every available federal resource-including through our Project SERV (School Emergency Response to Violence) program and on-the-ground support-to help the families, educators, staff, and greater Robb Elementary School community recover from this trauma and loss."

House Holds Teacher Shortage Hearing

On Wednesday, May 25, the House Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Agencies held a hearing examining the persistent issue of educator shortages throughout the nation. Witnesses included representatives from think tanks, such as the Heritage Foundation and the Learning Policy Institute, as well as Randi Weingarten, President of the American Federation of Teachers. Witnesses and lawmakers discussed the causes of teacher shortages and debated best-practice solutions to address them. These strategies included efforts to reduce certification requirements for teachers as one way to reduce barriers to entry into the classroom. An archived webcast of the hearing, including witness testimony, can be found here.

One of the key concerns discussed is the high proportion of teacher shortages in special education. Jane West, an education policy consultant, discussed critical data points around special education including that 48 states and the District of Columbia reported a shortage of special education teachers in 2021-22; most states identify special education as their greatest teacher shortage field; and, 98% of school districts report special education shortages.

Solutions raised to help address teacher shortages in special education and other disciplines include increased investments in the IDEA Part D grants for personnel development; more support for local grow your own programs; and increasing resources for the Teacher Quality Partnership grant program that helps facilitate teacher residencies and partnerships between teacher preparatory programs in higher education and high-need school districts.

For further information about the scope of teacher shortages and ways to help address this priority, please see the following reports from NSBA's Center for Public Education at www.nsba.org/Services/Center-for-Public-Education/.... A related legislative alert is also available in support of S. 2244, the bipartisan PREP Act (Preparing and Retaining Education Professionals Act) at p2a.co/Pu4o8Lu.

Senate Advances ED Nominees

Also on Wednesday, May 25, the Senate Health, Education, Labor, and Pensions (HELP) Committee held an executive session meeting to consider several Biden Administration nominees. These nominations included LaWanda Toney to be the next Assistant Secretary for Communications and Outreach at the U.S. Department of Education (ED) as well as Nasser Paydar to be Assistant Secretary for Postsecondary Education at the Department. During the session, Senators advanced each of these nominees out of committee for further consideration by the full chamber. In addition, the Senate recently invoked cloture on Amy Loyd's nomination to be the next Assistant Secretary for Career, Adult, and Technical Education at ED-an action that implies that Ms. Loyd will likely be confirmed soon.

Cardona Testifies on FY23 Budget

Yesterday, May 26, the House Education and Labor Committee hosted U.S. Secretary of Education Miguel Cardona to testify about the Administration's fiscal year 2023 budget request for the U.S. Department of Education. The hearing touched on a wide range of issues, including school safety in the immediate wake of the tragedy in Uvalde, Texas. Lawmakers also raised concerns about the appropriate role parents should have in K-12 education. An archived webcast of the hearing, including witness testimony, can be found here.

House Committee Passes Medicaid School Expansion Bill

Recently, the House Committee on Energy and Commerce consider, marked up, and unanimously passed the Keeping Incarceration Discharges Streamlined for Children and Accommodating Resources in Education (KIDS CARES) Act (H.R. 7233). If enacted, this legislation would direct the Centers for Medicare and Medicaid (CMS) to reduce administrative barriers currently impeding the delivery of healthcare services via Medicaid in schools. The measure would also take into account and address reasons why small and rural local education agencies may not provide medical assistance via Medicaid, and include best practices and examples of methods that State Medicaid agencies and LEAs have used to pay for, and increase the availability of, Medicaid reimbursable health services. An archived webcast of the markup, including additional information, can be found here.

Administration Update

ED Hosts Virtual Mental Health Summit

On Monday, May 23, the U.S. Department of Education (ED) hosted a virtual summit titled "From Recovery to Thriving: Supporting Mental Health and Students With Disabilities." The summit highlighted the Department's ongoing work to robustly implement the Individuals with Disabilities Education Act (IDEA) and shared resources aimed at students to support their mental health. Several state and local best practice examples were shared with attendees. More information on the summit can be found here.

FCC Announces $2.8 billion in New Funding

On Wednesday, May 25, the Federal Communications Commission (FCC) announced that it had received $2.8 billion in funding requests as part of its third application window for the Emergency Connectivity Fund (ECF) program. Funding for the ECF as part of the American Rescue Plan was one of NSBA's top legislative priorities and the organization has been working with other national groups to obtain additional resources to continue the program as part of our initiative to close the "homework gap." This latest round of funding will support 5,120,453 connected devices and 4,285,794 broadband connections for eligible schools and libraries. However, with an estimated $1.5 billion remaining in the program the FCC anticipates it will need to prioritize applicants with the greatest need first, particularly those in rural communities.

Discretionary Grants

USED published notice on two discretionary grant programs for the Office of Postsecondary Education:

• Child Care Access Means Parents in School Program – The Child Care Access Means Parents in School Program provides funds to allow low-income parents to participate in postsecondary education by providing campus-based child care services. There are two absolute priorities for this grant program, including projects designed to leverage significant local or institutional resources for certain activities; and projects that use a sliding fee scale for child care services. The estimated available funds for this program total $38,500,000. Applications are due by July 11, 2022, and further information is available here.

USED published notice on a discretionary grant program for the Institute of Education Sciences:

• Education Research and Special Education Research Grant Programs – The Institute of Education Sciences (IES) seeks to expand knowledge in certain specific areas including: "(1) developmental and school readiness outcomes for infants and toddlers with or at risk for a disability, (2) education outcomes for all learners from early childhood education through postsecondary and adult education, and (3) employment and wage outcomes when relevant (such as for those engaged in career and technical, postsecondary, or adult education)." This notice focuses on four research competitions through two of its centers:

The IES National Center for Education Research has announced two competitions: Education research training and using longitudinal data to support State education policymaking; and

• The IES National Center for Special Education Research has announced two competitions: Special education research and special education research training.

The size of the awards for these programs will depend on the scope of the projects proposed and the actual funding level will depend on final congressional action. Applications for all four programs are due by September 8, 2022, and further information is available here.

ESSA State Plan Amendments  

• The U.S. Department of Education is now reviewing ESSA consolidated state plan amendments that are submitted using the COVID-19 State Plan Addendum for the 2021-2022 school year. The following state plan addendums have now been approved:

Arizona (approval letter)

Bills

Res.1141 - 117th Congress (2021-2022) Expressing support for the designation of the week of May 23 through 27, 2022, as "Educator Mental Health Awareness Week". Sponsor: Rep. Trone, David J. [D-MD-6]

• R.7859 - 117th Congress (2021-2022) To create a Council on Emergency Response Protocols to ensure the establishment of accessible, developmentally appropriate, culturally aware, and trauma-informed emergency response protocols in public schools, early child care and education settings, and institutions of higher education, and for other purposes. Sponsor: Rep. Wild, Susan [D-PA-7]

NSBA Update

NSBA Urges Congress to Oppose Vouchers
NSBA joined 40 other organizations in the National Coalition for Public Education in signing a letter to House and Senate appropriators urging them to oppose reauthorization or funding for the school voucher program for the District of Columbia. The letter also urged them to add language, as the House committee has done in previous years, to "require voucher schools to provide the same civil rights protections that public school students receive-including those under the Individuals with Disabilities Education Act (IDEA)-to students in the voucher program." Read the letter.

May 20, 2022 (Archives)

Senate Committee Examines Education Cybersecurity

On Wednesday, May 18, the Senate Health, Education, Labor, and Pensions (HELP) Committee held a hearing examining cybersecurity threats to the education and health sectors. The hearing also focused on efforts to expand and better prepare the cybersecurity workforce. The hearing featured witness testimony from a variety of experts in the field, including Amy McLaughlin, the Cybersecurity Program Director for the Consortium for School Networking.

Chair Murray (D-WA) began the hearing by noting that increasingly students and patients rely on technology to access services—a trend that was accelerated by the pandemic. She went on to encourage the assembled witnesses for the hearing to speak to how education stakeholders can more effectively recruit, train, and retain cybersecurity workers. Senator Cassidy (R-LA), filling in for Ranking Member Burr (R-NC) for this hearing, focused his remarks and subsequent questions on how schools are navigating increasing rates of cyber attacks. An archived webcast of the hearing, including witness testimony, can be found here.

House Committee Advances Education Bills

Earlier this week the House Education and Labor Committee considered, marked up, and advanced several pieces of legislation, including proposals that would invest in K-12 school construction and provide additional resources for student mental health. The first of these bills was the Reopen and Rebuild America’s Schools Act (H.R. 604) which, if enacted, would establish a $100 billion grant program and a $30 billion tax credit bond program aimed at modernizing and improving the physical and digital infrastructure of high-needs schools. This legislation was advanced out of the committee by a vote of 27-19 which fell along party lines with no Republican lawmakers backing the proposal.

The committee also considered the Mental Health Matters Act (H.R. 7780). This legislation would, if enacted, create a new grant program overseen and administered by the U.S. Department of Education (USED). Grants would be provided to eligible recipients to increase the number of mental health professionals in K-12 schools in high-poverty districts. Similar to H.R. 604, this legislation was advanced out of the committee along party lines. Both pieces of legislation now move to the full House chamber for further consideration. NSBA’s advocacy team will continue to monitor these bills as they continue through the legislative process. An archived webcast of this markup, including amendments considered and statements, can be found here.

Administration Update

FCC Announces New Funding Commitments

On Tuesday, May 17, The Federal Communications Commission announced that it had committed $50 million in additional awards as part of a 15th wave of Emergency Connectivity Fund (ECF) program support. Created as part of the American Rescue Plan, the ECF Program allows eligible schools and libraries to apply for financial support to purchase connected devices like laptops and tablets, Wi-Fi hotspots, modems, routers, and broadband connectivity to serve unmet needs of students, school staff, and library patrons at home. This round of funding will support 46 schools, 7 libraries, and 2 consortia across the country, including for students in American Samoa, Arizona, Colorado, Illinois, Ohio, and the US Virgin Islands. The FCC’s third filing window for applications closed last week with additional award announcements expected in the near future.

EPA Announces $500 Million Available for Clean School Buses
The U.S. Environmental Protection Agency (EPA) announced $500 million is now available for school districts and other eligible school bus operators and contractors to begin replacing the nation’s fleet of school buses with clean, American-made, zero-emission buses. This $500 million represents the first round of funding out of the $5 billion investment for low and zero-emission school buses over the next five years, secured through the Bipartisan Infrastructure Law.

Diesel air pollution is linked to asthma and other health problems that hurt communities and cause students to miss school, particularly in communities of color and Tribal communities. New, zero-emission and low-emission buses will help reduce greenhouse gas emissions and produce cleaner air for students, bus drivers, and school staff working near the bus loading areas.

The Bipartisan Infrastructure Law allows EPA to prioritize applications that will replace buses serving high-need local education agencies, Tribal Schools, and rural areas. In addition, EPA will focus education and outreach efforts to underserved communities, including partnering with stakeholders to reach communities that may have never applied for a Federal grant or rebate. Portions of the rebates can also be used to install electric vehicle charging infrastructure so that schools can make chargers available for the new buses. The rebate program will select awardees through a lottery system.

NTIA NOFO Prioritizes Broadband Affordability Gap and Connecting Unserved Households In Multi-Family Housing
In March, NSBA joined with 27 other national non-profit organizations across local government, housing, education, and broadband policy, to advocate that states must be able to prioritize connectivity for the millions of unconnected households who reside in residential multi-family dwellings.

In our joint letter to U.S. Secretary of Commerce Secretary Gina Raimondo and National Telecommunications and Information Administration (NTIA) Administrator Alan Davidson we highlighted that individuals residing in multi-family housing represent 20-25% of the digital divide, making it critically important that states can spend dollars from the Broadband Equity, Access, and Deployment (BEAD) program to connect these households as soon as funding becomes available. Thanks to the efforts of this coalition, states can prioritize connecting millions of unconnected households living in multi-family housing.

Last week, NTIA released the Notice of Funding Opportunity (NOFO) for the BEAD program. The rules permit states to opt to use BEAD funds to extend broadband service to multi-family housing that lacks high-speed broadband in some units at the same time as they are allocating dollars to unserved service projects. Further, the BEAD NOFO provides states should prioritize residential buildings that have a substantial share of unserved households OR are in locations where the percentage of individuals with a household income at or below 150% of the Federal Poverty Level applicable to a family of the size involved is higher than the national percentage of such individuals.

Biden Administration Announces Presidential Scholars

Late last week, the U.S. Department of Education (USED) and the White House Commission on Presidential Scholars announced the 58^th cohort of U.S. Presidential Scholars—an initiative that annually recognizes 161 high school seniors for academic, technical, and artistic achievements. The selection process takes into consideration a number of criteria including transcripts and test scores. A full list of scholars can be found here.

ESSA State Plan Amendments  

• The U.S. Department of Education is now reviewing ESSA consolidated state plan amendments that are submitted using the COVID-19 State Plan Addendum for the 2021-2022 school year. The following state plan addendums have now been approved:
• Colorado (approval letter)
• Nebraska (approval letter)
• Nevada (approval letter)

Bills

• R.7791 — 117th Congress (2021-2022) To amend the Child Nutrition Act of 1966 to establish waiver authority to address certain emergencies, disasters, and supply chain disruptions, and for other purposes. Sponsor: Rep. Hayes, Jahana [D-CT-5]
• R.7309 — 117th Congress (2021-2022) Workforce Innovation and Opportunity Act of 2022 Sponsor: Rep. Scott, Robert C. "Bobby" [D-VA-3]
• R.7785 — 117th Congress (2021-2022) Investing in Digital Skills Act Sponsor: Rep. Kilmer, Derek [D-WA-6]
• R.7784 — 117th Congress (2021-2022) Supporting Trauma-Informed Education Practices Act of 2022 Sponsor: Rep. Hayes, Jahana [D-CT-5]
• R.7749 — 117th Congress (2021-2022) TASK Act Sponsor: Rep. Moolenaar, John R. [R-MI-4]

May 13, 2022 (Archives)

Congressional Update

Congress Aims to Pass Defense Supplemental without New Pandemic Aid

The House and the Senate were in session this week and lawmakers continued to negotiate a supplemental funding package for the war in Ukraine. Early on in this process, Democrats hoped to attach additional emergency pandemic aid and an extension of nutrition program waivers but were unsuccessful. Earlier in the week the House passed a standalone $40 billion supplemental aid package only for the crisis in Ukraine. The Senate is now considering the House measure but progress has been stalled as a result of objections from Senator Paul (R-KY). We expect, however, that Senate will approve the bill as early as next week.

Once enacted, NSBA's advocacy team anticipates that lawmakers will turn attention back to the fiscal year 2023 (FY23) appropriations process which is where education programs, like the Every Student Succeeds Act, derive funding. As these efforts unfold, NSBA will advocate for robust funding to meet the K-12 education community's significant funding needs.

Administration Update

Education Department Announces Plans to Amend Section 504

Late last week, May 6, the U.S. Department of Education (USED) announced that it intends to promulgate new regulations implementing Section 504 of the Rehabilitation Act. Currently Section 504 prohibits discrimination on the basis of a disability for programs and initiatives funded with federal dollars. These regulations apply to schools and postsecondary institutions that receive federal grants as part of their operations. USED plans to gather public input from a wide variety of stakeholders to strengthen these regulations in an effort to further protect the rights of students with disabilities.

Outreach for the Affordable Connectivity Program
Last week, the Administration, Members of Congress, and about 20 Internet service providers announced outreach efforts for the Affordable Connectivity Program (ACP) authorized within the bipartisan infrastructure law last November. Under the ACP, eligible families/households can receive free high-speed Internet access of 100 megabytes per second to help close the homework gap, accommodate online learning, telemedicine, and other services for families.

The ACP provides families with a $30 per month subsidy that covers the cost of the Internet service through the program each month. The program also authorizes the Federal Communications Commission (FCC) to reimburse Internet service providers up to $100 per device (such as a laptop) that is provided to participating households. Families can qualify for the ACP through their participation in other federal programs such as the Supplemental Nutrition Assistance Program (SNAP), Medicaid, and Pell grants.

To determine eligibility, households may access details at www.getinternet.gov or www.affordableconnectivity.gov. According to the FCC, between 40 and 50 million households are eligible for the ACP and about 11 million families have already signed up to participate. A fact sheet is available online at www.fcc.gov/acp.

Resources on Expanding Medicaid-Funded School Health Services
Given the growing concern about children's health, particularly mental health, Healthy Schools Campaign is releasing new and updated guidance to help schools expand Medicaid-funded school health services-including an interactive map and detailed information about Medicaid-eligible services and school nursing and behavioral health personnel in all 50 states and D.C.

Additional resources include a report on school reimbursement challenges and an updated school Medicaid guide designed to help states and school districts create sustainable funding streams to meet student health needs. Visit Healthy Students, Promising Futures to learn more.

Discretionary Grants

USED published notice on a discretionary grant program for the Office of Postsecondary Education:

• Native American-Serving Nontribal Institutions Program – The Native American-Serving Nontribal Institutions Program seeks to support institutions of higher education in serving Native American students and low-income individuals. There are two competitive preference priorities for this discretionary grant application: (1) Meeting Student Social, Emotional, and Academic Needs; and (2) Increasing Postsecondary Education Access, Affordability, Completion, and Post-Enrollment Success. The estimated available funds for this program total $3,200,000, contingent upon the availability of funds and quality of applications. Applications are due by July 11, 2022, and further information is available here.

ESSA State Plan Amendments  

• The U.S. Department of Education is now reviewing ESSA consolidated state plan amendments that are submitted using the COVID-19 State Plan Addendum for the 2021-2022 school year. The following state plan addendums have now been approved:
  • Arkansas (approval letter)
  • Massachusetts (approval letter)
  • Montana (approval letter)
  • New Jersey (approval letter)
  • North Carolina (approval letter)
  • North Dakota (approval letter)
  • South Dakota (approval letter)
  • Utah (approval letter)
  • Wisconsin (approval letter)

 Bills

• R.7729 To require the student loan ombudsman of the Department of Education to provide student loan data to the Bureau of Consumer Financial Protection, and for other purposes. Sponsor: Rep. Porter, Katie [D-CA-45]
• R.7717 To establish and strengthen projects that defray the cost of related instruction associated with pre-apprenticeship and qualified apprenticeship programs, and for other purposes. Sponsor: Rep. DeLauro, Rosa L. [D-CT-3]
• R.7709 To authorize programs to provide college scholarships and educational support to women and girls who have escaped Afghanistan and come to the United States, and for other purposes. Sponsor: Rep. Maloney, Carolyn B. [D-NY-12]
• R.5129 Community Services Block Grant Modernization Act of 2022 Sponsor: Rep. Bonamici, Suzanne [D-OR-1]
• 4162 - 117th Congress (2021-2022) School Shooting Safety and Preparedness Act Sponsor: Sen. Bennet, Michael F. [D-CO]

May 6, 2022 (Archives)

Congress Looks Ahead to FY23

Although the House remained on recess this week, lawmakers representing the "four corners"- Senate Appropriations Committee Chairman Patrick Leahy (D-VT), Ranking Member Sen. Richard Shelby (R-AL), House Appropriations Committee Chairwoman Rosa DeLauro (D-CT) and Ranking Member Rep. Kay Granger (R-TX)-met for the first time to formally discuss the prospects for the upcoming 2023 federal fiscal year (FY23). These committees will continue to examine President Biden's FY23 budget request as they begin to set to work crafting legislation to fund federal programs and services like the Every Student Succeeds Act (ESSA). As these efforts continue, NSBA's advocacy team will work to ensure a robust investment is made in K-12 schools and related programs.

Administration Update

Education Department Promotes Teacher Appreciation Week

This week was national Teacher Appreciation week-a time to honor teachers throughout the nation. As part of these efforts, U.S. Secretary of Education Miguel Cardona kicked-off the week with a visit to Richmond, Virginia where he toured high school career and technical education (CTE) programs and, relatedly, teacher preparation programs at area community colleges. Later in the week, Secretary Cardona hosted a roundtable celebrating teachers. At this event, the Secretary discussed a public service loan forgiveness waiver from last fall which is aimed at discharging additional student debt carried by eligible teachers.

FCC Announces New Funding Commitments

On Thursday, May 4, The Federal Communications Commission announced that it had committed nearly $39 million in the 14th wave of Emergency Connectivity Fund (ECF) program support, helping to close the Homework Gap.  This latest round of funding will assist 140 schools, 14 libraries, and 1 consortium across the country, including for students in California, Georgia, Hawaii, Kentucky, Michigan, New York, Puerto Rico, and Virginia. Securing funding for the ECF program was a top NSBA legislative priority as part of the American Rescue Plan.

School Safety Grants Available 

Grants are available through the Fiscal Year 2022 School Violence Prevention Program (SVPP) via the Office of Community Oriented Policing Services (COPS). The program's goal is to improve security at schools and on school grounds through evidence-based school safety programs and technology. Under this program, $53 million is available to states, units of local government, Indian tribes, and their public agencies, including school districts (including charter school districts and school districts with a single school), school boards, and law enforcement agencies.  

Each application must accompanied by an assurance that the application was prepared after consultation with individuals not limited to law enforcement officers (including licensed mental health professionals, social workers, students, parents, school violence researchers/academics (if practical), teachers, principals, and other school personnel) to ensure that improvements to be funded under the grant are consistent with a comprehensive approach to preventing school violence; protective of student privacy and ensure that students are not discriminated against on the basis of race, national origin, disability, religion, or sex; and, individualized to the needs of each school at which those improvements are to be made.  Applications are due June 14. The announcement and submission guidelines are available at https://cops.usdoj.gov/pdf/2022ProgramDocs/svpp/solicitation.pdf. 

The Bureau of Justice Assistance (BJA) also announced that grants are available for its STOP School Violence Program. Applications may be submitted that address one or more of the following areas:  

• developing and operating technology solutions such as anonymous reporting systems for threats of school violence; 
• multidisciplinary behavioral threat assessment and/or intervention teams; training school personnel and educating students on preventing school violence, including strategies to improve a school climate; 
• specialized training for law enforcement who work in schools and/or with school-age populations such as school resource officers (SROs) and probation officers; and
• hiring of school support personnel such as climate specialists, school psychologists, school social workers, school-based violence interrupters, and others directly supporting the prevention of school violence. 

Grant applications are due by June 14. The full grant announcement is available online at bja.ojp.gov/funding/O-BJA-2022-171118.pdf. 

Bills

• R.7620 - 117th Congress (2021-2022) Stop Sexual Harassment in K–12 Act Sponsor: Rep. Casten, Sean [D-IL-6]

April 15, 2022 (Archives)

Congress Remains on Spring Recess

It has been quiet on Capitol Hill this week, with lawmakers in both chambers currently in states and districts for the annual springtime Congressional recess. Both the House and the Senate are expected to return later this month during the week of April 25. With the release of President Biden's federal fiscal year 2023 (FY23) budget request to Congress earlier this month, it is widely anticipated that lawmakers will focus attention on the FY23 budget and appropriations cycle when they return. As these efforts unfold, NSBA's advocacy team will continue to work with partners in Congress to secure robust funding in the coming year to help meet the K-12 education community's needs.

Administration Update

Biden Administration Unveils Equity Agendas

On Thursday, April 14, federal Departments and Agencies collectively released "Equity Action Plans." These plans are part of President Biden's January 20, 2021, executive order aimed at advancing equity and support for underserved communities throughout the federal government. As part of these efforts, the U.S. Department of Education (USED) also unveiled its specific plan which broadly aims to, ". . . [build] on current processes already in place and [implement] new strategies to ensure the advancement of equity as it works to promote student achievement and ensure the nation's education system meets the demands of today's global economy." In its plan, USED also outlined efforts to leverage pandemic educational aid funding to advance equity among several other planned courses of action in the future. The full plan can be found here.

American Rescue Plan Summit Announced 

The U.S. Department of Education announced its "From Recovery to Thriving: How the American Rescue Plan is Supporting America's Students" virtual summit on Wednesday, April 27, 2022, from 4-8 p.m. ET. 

The Department, in partnership with the National Public Education Support Fund, will bring together education leaders, advocates, and philanthropic partners to discuss how to help students and schools recover from the pandemic. The opening panel and learning sessions will create opportunities to support school districts and states in utilizing their federal funds to deepen and scale strategies to address learning recovery, mental health support, and labor shortages beyond the three years of ARP funding so students can recover and thrive in the future.  

• 4m.: Opening Panel: "From Recovery to Thriving: How the Education Ecosystem Can Support America's Students"
• 5m.: Learning Recovery Concurrent Sessions
• 6m.: Labor Shortages Concurrent Sessions
• 7m.: Mental Health and Well-Being & Social and Emotional Learning Concurrent Sessions

If you are interested in joining the summit, please register here. Upon completing your registration, you will receive an email with your registration details from Special.Events@ed.gov.   

Child Tax Credits Available to Families 

The Internal Revenue Service's (IRS) Tax Outreach, Partnership and Education Branch has shared information regarding various child-related tax credits available to families. IRS Publication 5585  contains details about the Earned Income Tax Credit (EITC), Child Tax Credit (CTC), and the Child and Dependent Care Credit (CDCC). This publication also shares a phone number and QR code that can assist families in locating no-cost tax preparation and filing assistance at a Volunteer Income Tax Assistance site. According to the IRS, families may receive a tax refund even if they are not normally required to file a tax return because of benefits included in the American Rescue Plan and other recent legislation. More details are available online at https://go.usa.gov/xtJY9. The IRS also has shared details on how families may request a tax filing extension through #IRSFreeFile at www.irs.gov/freefile. 

For example, families may claim the full 2021 CTC of up to $3,600 per child. Studies show that additional income like the CTC is associated with stronger educational performance, improved health, and reduced stress among children in families with low incomes, according to the Partnership for America's Children. 

Bills

• R.7492 - 117th Congress (2021-2022) To prohibit the Department of Education from punishing States, local educational agencies, or elementary schools for failure to implement or carry out certain Federal policies relating to sex education in elementary schools, and for other purposes. Sponsor: Rep. Gooden, Lance [R-TX-5]
• R.7491 - 117th Congress (2021-2022) To amend the Elementary and Secondary Education Act of 1965 to establish notification and reporting requirements relating to unlawful acts and significant emergencies faced by students in public elementary and secondary schools. Sponsor: Rep. Crist, Charlie [D-FL-13]

April 1, 2022 (Archives)

President Biden Releases FY23 Budget Request

On Monday, March 28, President Biden sent his administration's Fiscal Year 2023 (FY23) budget request to Congress. The $5.8 trillion budget proposal would provide a nearly 21% increased investment in the U.S. Department of Education (USED)-a total that would equate to $15.3 billion in additional funding for the agency and the programs it oversees and administers. Significantly, the request proposes a roughly $3 billion increase for Title I of the Every Student Succeeds Act. In addition to this proposed 17% increase in Title I funding, the budget request seeks significant increases for other key programs such IDEA Parts B (state formula grants), C (infants and toddlers), and D (educators), Teacher Quality Partnership grants, and CTE national activities.

While these proposals are encouraging, this budget request was developed and published before Congress enacted final full-year funding for the previous federal fiscal year (FY22). Because of this timing, several funding requests in the budget proposal fall below total funding provided by Congress last month. USED has termed these "artificial cuts" and reiterated that the agency supports enacted FY22 funding levels. The full FY23 USED budget summary can be found here and more detailed justifications for individual requests can be found here.

NSBA's advocacy team plans to work with partners on Capitol Hill this year to ensure a robust investment for K-12 education is made a reality as part of the FY23 budget and appropriation process.

Bipartisan Group of Senators Introduce Nutrition Waiver Extension Bill

Senators Stabenow (D-MI) and Murkowski (R-AK) introduced a bill - the Support Kids Not Red Tape Act (S.3979) - to extend the U.S. Department of Agriculture's school meal flexibilities from June 30, 2022, to September 30, 2023. 50 senators have signed-on as cosponsors to the bill. NSBA strongly supports this legislation and will work closely with the sponsors and our national partners to urge its passage.  NSBA joined with a coalition of other organizations in February supporting extension of these meal flexibilities in a letter to Capitol Hill.

Administration Update

Cardona Encourages States to Use ARP Funding to Address Teacher Shortages

Also on Monday, March 28, the U.S. Secretary of Education Miguel Cardona called on education stakeholders to make use of funding provided by the American Rescue Plan (ARP) to address persistent and widespread teacher shortages. Cardona urged states, postsecondary leaders, districts, and schools to consider establishing evidence-based teacher residency programs, creating registered apprenticeship programs for the teaching profession, and increasing teacher compensation along with a slew of other proposals. The full announcement can be found here.

U.S. Department of Education Webinar on Addressing Teacher Shortages

The U.S. Department of Education is convening a webinar on Thursday, April 7, 2022, from 3:00 – 4:00 pm Eastern, on "Strengthening Partnerships Between States, School Districts, and Higher Education to Increase the Number of Teacher Candidates Prepared to Enter the Classroom and Provide Immediate Support to Schools." You can register for this webinar here:

ed-gov.zoomgov.com/webinar/register/....

The webinar will discuss ways that states, institutions of higher education, and school districts can utilize American Rescue Plan and other federal relief funds to help address teacher shortages; share how federal relief funds and opportunities through the U.S. Department of Labor are being used to address teacher shortages and provide support to schools by establishing or scaling up teaching residency and apprenticeship programs; provide examples from states increasing their investments in a diverse educator pipeline; and highlight educator preparation programs at institutions of higher education that are partnering with districts to leverage their residency and apprenticeship programs to provide immediate support to schools.

Discretionary Grants

• USED published notice on a discretionary grant program for the Office of Special Education and Rehabilitative Services: Personnel Development to Improve Services and Results for Children with Disabilities – National Center for Improving Teacher and Leader Professions to Better Serve Children with Disabilities – The Personnel Development to Improve Services and Results for Children with Disabilities program is focused on preparing personnel for work in special education, early intervention, and regular education to work with students with disabilities. The National Center  created through this grant program will focus on high-quality instruction in institutions of higher education for teacher candidates; recruitment and retention of educators; as well as alignment of preparation systems to improve outcomes for students with disabilities, among other expectations. The department plans to use a total of $3,500,000 for this competition, out of a total of $90,200,000 requested for the Personnel Development program. Applications are due by May 31, 2022, and further information is available here.

Bills

• R.7269 - 117th Congress (2021-2022) NOT in Our Schools Act of 2022 Sponsor: Rep. Green, Mark E. [R-TN-7]
• R.7251 - 117th Congress (2021-2022) GIRLS STEM Act Sponsor: Rep. McNerney, Jerry [D-CA-9]
• R.7215 - 117th Congress (2021-2022) Ravi Thackurdeen Safe Students Study Abroad Act Sponsor: Rep. Maloney, Sean Patrick [D-NY-18]
• 3927 - 117th Congress (2021-2022) Mental Health Excellence in Schools Act Sponsor: Sen. Shaheen, Jeanne [D-NH]

March 25, 2022 (Archives)

Congressional Update

President's Budget to Be Released Next Week

Next Monday, March 28, President Biden is expected to release his Administration's Fiscal Year 2023 (FY23) budget request to Congress. The publication of this budget request will formally begin the federal FY23 budget and appropriation process. Congress will hold hearings in the coming weeks to examine the president's proposal and will begin to craft the 12 individual funding bills that fund federal operations and laws like the Every Student Succeeds Act. This work must be completed by the beginning of the federal fiscal year, October 1, or Congress will be required to pass stop gap spending legislation until the work is complete. As always, NSBA's advocacy team will collaborate with its partners in the Administration and on Capitol Hill to ensure a robust investment for K-12 education later this year.

House Lawmakers Write to NTIA Ahead of Infrastructure Implementation

Seventeen Democratic members of the House Energy and Commerce Committee wrote to the Assistant Secretary of Commerce for Communications and Information at the National Telecommunications and Information Administration (NTIA), Alan Davidson, on Monday March 21 to provide recommendations for the agency as it implements broadband connectivity programs authorized by the Infrastructure Investment and Jobs Act (IIJA). The IIJA is bipartisan law approved last year to invest in the nation's infrastructure. The IIJA includes nearly $65 billion in new investments broadly aimed at increasing household broad access. In the letter, lawmakers urged NTIA to prioritize affordability, digital inclusion, long-term sustainability, community engagement, and facilitating healthy competition in connectivity markets as part of its implementation efforts for these funds. Last week NSBA joined a coalition of other organizations in writing to the Commerce Secretary to call for urgent action to ensure unserved households in multi-family residential housing (MDUs) are correctly identified when broadband

funding is allocated.  These households represent a large percentage of the most unconnected households in America: very low-income renters and communities of color.

Administration Update

FCC Announces Third Window for Connectivity Funds

On Wednesday, March 23, the Federal Communications Commission (FCC) announced the opening of a third application filing window for the Emergency Connectivity Fund (ECF) program. Securing initial funding for the ECF was one of NSBA's legislative priorities during the pandemic. Created as part of the American Rescue Plan, the ECF Program allows eligible schools and libraries to apply for financial support to purchase connected devices like laptops and tablets, Wi-Fi hotspots, modems, routers, and broadband connectivity to serve unmet needs of students, school staff, and library patrons at home during the COVID-19 pandemic.

This third opportunity to apply for funding will open on April 28 and is set to close May 13. Eligible schools, libraries, and consortia will be able to submit requests for funding to make eligible purchases for equipment and services for a time period between July 1, 2022 and December 31, 2023 to meet unmet connectivity needs. More information on how to apply can be found here.

In addition, the FCC approved and announced a 12^th wave of ECF funding commitments totaling $68 million which will support 140 schools and 25 libraries across the country. The FCC reports that the total commitments to date for the ECF are over $4.7 billion and that these efforts have funded over 10 million connected devices and 5 million broadband connections.

U.S. Department of Education Letter to Educators and Parents Regarding New CDC Recommendations and Their Impact on Children with Disabilities

The U.S. Department of Education's Office of Special Education and Rehabilitative Services (OSERS) announced additional guidance on March 24 to assist in addressing the needs of students with disabilities during COVID-19. The Department's letter to educators and parents cites the Centers for Disease Control and Prevention's (CDC) February 2022 framework for identifying COVID-19 Community Levels (www.cdc.gov/coronavirus/2019-ncov/science/...) and shares policy guidance and examples of processes to help maintain safe, in-person learning.

The letter includes sections on leveraging the individualized education program or Section 504 process to ensure schools have protections in place to protect in-person learning; continuing use of layered prevention strategies to keep school communities safe; and ensuring students receive education and services in the least restrictive environment.

You can access this guidance online at www2.ed.gov/documents/coronavirus/....

Bills

• 3899 - 117th Congress (2021-2022) A bill to amend the Child Care and Development Block Grant Act of 1990 to reauthorize and update the Act, and for other purposes. Sponsor: Sen. Scott, Tim [R-SC]

March 18, 2022 (Archives)

FY22 Omnibus Enacted

As shared last week, Congress successfully passed a $1.5 trillion omnibus spending package which provides full-year funding for the remaining six months of the current 2022 federal fiscal year (FY22). This spending package provides support for federal education programs, including the Every Student Succeeds Act (ESSA). On Tuesday, March 15, President Biden formally signed the legislation into law. The legislation provides a $1 billion increase for Title I funding under ESSA-a six percent increase over FY21 funding levels. The law also makes a host of other important investments in K-12 education, particularly those aimed at bolstering the teacher workforce pipeline.

With the FY22 funding process now complete, the FY23 budget and appropriations process can now formally begin. This process typically begins with the release of the President's budget request to Congress, which NSBA's advocacy team expects to be released in the coming weeks. Once the Biden Administration's budget request is published and sent to Congress, lawmakers will formally begin efforts to craft the necessary spending bills that compose the federal budget (12 in total). Ahead of these efforts, the Senate confirmed Shalanda Young to lead the Office of Management and Budget (OMB) this week by a margin of 61-36. This agency is tasked with leading the formulation of the Biden Administration's FY23 budget request and will be a key stakeholder in future FY23 federal appropriations negotiations. As these efforts and more continue to develop, NSBA's advocacy team will work to ensure the funding needs of the K-12 community are met through this process.

House Education Committee Advances Legislation to Expand Reporting on School Shootings

On Wednesday, March 16, the House Education and Labor Committee marked up and approved legislation that would, for the first time, uniformly collect data related to school shootings. The School Shooting Safety and Preparedness Act (H.R. 5428) would, if enacted, strengthen data reporting on school-based gun violence by creating new federal definitions for "school shooting" and "mass shooting" along with other changes related to the future federal school safety reports. The legislation was passed largely along party lines by a margin of 27-21. The bill now advances to the House floor for further consideration by the chamber. 

Administration Update

NAEP High School Transcript Study Released

The National Assessment of Educational Progress (NAEP), more commonly known as the nation's report card, released a new study on Wednesday, March 16. This study examines high school transcript data and explores trends in student course taking and related performance on the NAEP. The study found that although students seem to be undertaking more rigorous coursework at higher rates and are earning higher GPAs, related performance on the NAEP has declined overall. The full results of this study can be found here.

FCC Extends Comment Deadline

On Wednesday, March 16, the Federal Communications Commission (FCC) formally extended the deadline for filing public comments responding to the agency's proposed changes to the E-rate program's competitive bidding rules. Comments must now be submitted by April 27 and Reply Comments are now due no later than May 27.

Discretionary Grants

• The Department of Education invited applications for the following competitive grants:

• Fulbright-Hays Faculty Research Abroad (FRA) Fellowship Program – The Fulbright-Hays FRA Fellowship Program provides grants for faculty members at colleges and universities to conduct research abroad to improve their area studies and foreign language skills. The absolute priority for this grant program focuses on one or more of the following areas: Africa, East Asia, Southeast Asia and the Pacific Islands, South Asia, Near East, Central and Eastern Europe and Eurasia, and the Western Hemisphere, except the United States. The estimated available funding for this program totals $400,000 with estimated awards ranging from $25,000-$40,000. Applications are due by July 13, 2022, and further information is available here.

• Personnel Development to Improve Services and Results for Children with Disabilities – Early Childhood Personnel Equity Center – This personnel development grant program focuses funds on personnel preparation in special education, early education, and regular education to work with students with disabilities, and to ensure that personnel have the skills and knowledge needed to serve those children. The absolute priority – Early Childhood Personnel Equity Center – focuses on intentionally designing a program to prepare early childhood personnel to support the developmental needs of young children and their families from racially, ethnically, and linguistically diverse backgrounds. The Administration has requested $250,000,000 for this program, of which $2,000,000 will be used for this specific program. Applications are due by May 16, 2022, and further information is available here. 

Bills

• R.7100 - 117th Congress (2021-2022) To amend the Omnibus Crime Control and Safe Streets Act of 1968 to provide for certain minimal levels of educational assistance to the dependents of public safety officers, and for other purposes. Sponsor: Rep. Herrell, Yvette [R-NM-2]
• R.7098 - 117th Congress (2021-2022) To amend the Elementary and Secondary Education Act to expand the Magnet Schools Assistance Program. Sponsor: Rep. Courtney, Joe [D-CT-2]
• R.7092 - 117th Congress (2021-2022) Universal Prekindergarten and Early Childhood Education Act of 2022 Sponsor: Del. Norton, Eleanor Holmes [D-DC-At Large]
• R.7070 - 117th Congress (2021-2022) Protecting School Milk Choices Act of 2022 Sponsor: Rep. Stefanik, Elise M. [R-NY-21]
• 3855 - 117th Congress (2021-2022) A bill to amend section 7014 of the Elementary and Secondary Education Act of 1965 to advance toward full Federal funding for impact aid, and for other purposes. Sponsor: Sen. Lujan, Ben Ray [D-NM]
• 3849 - 117th Congress (2021-2022) A bill to amend the Elementary and Secondary Education Act to expand the Magnet Schools Assistance Program. Sponsor: Sen. Murphy, Christopher [D-CT]
• 3848 - 117th Congress (2021-2022) A bill to authorize the Secretary of Education to make grants to fund additional school-based mental health providers to help reduce psychological harm, and assist with the return to adaptive coping in schools following a violent or traumatic crisis, and for other purposes. Sponsor: Sen. Peters, Gary C. [D-MI]
• 3827 - 117th Congress (2021-2022) A bill to increase the amount of loan forgiveness available to teachers. Sponsor: Sen. Whitehouse, Sheldon [D-RI]

March 11, 2022 (Archives)

Congressional Update

Congress Passes FY22 Omnibus Spending Legislation

After relying on a series of short-term funding extensions (known as Continuing Resolutions or CRs) for the first six months of the current 2022 federal fiscal year (FY22), Congress is close to enacting a full-year, comprehensive spending legislation. This has been an ongoing priority for NSBA's advocacy team since the beginning of FY22 last October.

In the early morning hours of Wednesday, March 9, lawmakers in the House unveiled a $1.5 trillion FY22 omnibus spending bill which combines all 12 regular appropriations bills covering the entirety of the federal government and related programs for the current federal fiscal year into a single legislative package. Initially, this package also contained additional supplemental aid to address the ongoing crisis in Ukraine and to meet unaddressed needs from the pandemic.

Late Wednesday night lawmakers in the House passed this omnibus package, via separate votes, on a bipartisan basis-after stripping out additional pandemic aid due to lack of support but leaving the Ukrainian aid in place-sending the package to the Senate for further consideration. Late last night the Senate took up and passed the omnibus by a margin of 68-31. With current federal funding set to expire late today (March 11), NSBA'S advocacy team expects President Biden to sign the legislation into law imminently, so as to avoid a lapse in federal appropriations.

The FY22 omnibus contains a number of new investments of note to the K-12 community. These include $1 billion in new funding for Title I of the Every Student Succeeds Act (ESSA)-a six percent increase over last year's funding levels. In addition, this legislation provides a $27 million increase for ESSA Title II-A funding (six percent increase year-on-year), $7 million in additional funds for Teacher Quality Partnerships (a 13 percent increase), $60 million in additional funding for ESSA Title IV-A (Student Support and Academic Enrichment Grants, a 5 percent increase), and $400 million in additional state grant funding for the Individuals with Disabilities Education Act (IDEA Part B).

NSBA's advocacy team supports these and other critically important investments made through this legislation and will continue to provide the K-12 community with additional updates regarding this legislation's impact on schools and districts as it advances towards formal enactment soon.

One item not included in the bill is extended waiver authority for the school meals program. NSBA had signed on to a letter last month asking that the USDA waiver authority be extended. When there were reports earlier this week that it might be excluded from the omnibus, NSBAC sent out an action alert to encourage members to weigh in to support  continued waiver authority. The current waiver authority will expire on June 30.

Discretionary Grants

USED published notice on a discretionary grant program for the Office of Special Education and Rehabilitative Services:

• Technical Assistance and Dissemination to Improve Services and Results for Children with Disabilities – Early Childhood Systems Technical Assistance Center – This discretionary grant program works to improve academic achievement of children with disabilities. The Early Childhood Systems Technical Assistance Center priority will work to ensure capacity to create systems that support young children with disabilities across early childhood programs, provide equitable access to IDEA, and provide effective IDEA services "that reflect evidence-based and culturally and linguistically responsive interventions" to improve outcomes of young children with disabilities. The Administration intends to use $5,400,000 for this competition – the actual funding level will depend on final congressional action. Applications are due by May 6, 2022, and further information is available here.

Bills

• R.7040 - 117th Congress (2021-2022) To expand the use of open textbooks in order to achieve savings for students and improve textbook price information. Sponsor: Rep. Neguse, Joe [D-CO-2]
• R.7038 - 117th Congress (2021-2022) To amend the Richard B. Russell National School Lunch Act to fund the information clearinghouse through fiscal year 2029, and for other purposes. Sponsor: Rep. Morelle, Joseph D. [D-NY-25]
• R.7037 - 117th Congress (2021-2022) To amend the Elementary and Secondary Education Act of 1965 to provide grants to hire and retain school social workers, and for other purposes. Sponsor: Rep. Moore, Gwen [D-WI-4]
• R.7027 - 117th Congress (2021-2022) To amend the Richard B. Russell National School Lunch Act to improve program requirements, and for other purposes. Sponsor: Rep. Hayes, Jahana [D-CT-5]
• R.6971 - 117th Congress (2021-2022) To establish a commission to promote information and media literacy, and for other purposes. Sponsor: Rep. Beyer, Donald S., Jr. [D-VA-8]
• R.6956 - 117th Congress (2021-2022) To direct the Secretary of Education to carry out grant programs to encourage student participation in local government and volunteer service, and for other purposes. Sponsor: Rep. Kim, Andy [D-NJ-3]

February 18, 2022 (Archives)

Senate Passes Short-Term Funding Extension

Lawmakers have struggled to enact full-year funding for the current federal fiscal year 2022 (FY22) which formally began October 1, 2021. Since that time, Congress has passed a series of short-term funding measures-known as a continuing resolution (CR)-to extend current FY21 funding levels through the current federal fiscal year. To date, these actions have averted a federal government shutdown and lapse in appropriations for laws like the Every Student Succeeds Act and related educational grant programs. The most recent of these CRs was set to expire February 18, 2022. Last week, lawmakers in the House passed another CR to extend current funding levels for federal operations and programs through March 11.

Last night, this measure was finally taken up by the Senate after a long and protracted standoff between Democrats and Republicans related to votes on additional modifications to this legislation. Ultimately Senators passed the short-term stopgap legislation by a margin of 65-27. With the new deadline of March 11 set, lawmakers are reportedly nearing final agreement on full-year appropriations for the remainder of the current fiscal year (FY22). As this work continues, NSBA's advocacy team will continue to champion robust investments for school districts' funding priorities, including ESSA and the Individuals with Disabilities Education Act (IDEA).

Administration Update

USED Releases Updated ESSA Accountability FAQ

On Tuesday, February 15, the U.S. Department of Education (USED) published an updated Frequently Asked Questions (FAQ) document related to accountability system requirements under the Every Student Succeeds Act (ESSA). The document is intended to support State Education Agencies, Local Education Agencies, schools, and other stakeholders as they implement assessment and accountability systems for the current 2021-22 school year. A draft version of this FAQ was published by the Department for public comment last December. Among other thematic elements, the document emphasizes opportunities to make "broader, meaningful, and lasting changes . . ." to states' accountability systems in light of the COVID-19 pandemic, aligned with the current requirements of ESSA.

FCC Publishes Open Data Tool

This week the Federal Communications Commission (FCC) released a new tool that allows the public to examine, search, and view program data from the Emergency Connectivity Fund (ECF). Authorized by the American Rescue Plan, the ECF program provides financial support for eligible schools and libraries to purchase connected devices like laptops and tablets, Wi-Fi hotspots, modems, routers, and broadband connectivity to serve unmet needs of students, school staff, and library patrons. The tool is intended to facilitate a better understanding among the public regarding how these resources have been distributed and used to date. Further information about the tool, including a video walkthrough, is available here.

Discretionary Grants

USED published notices on three discretionary grant programs for the Office of Elementary and Secondary Education:

• Competitive Grants for State Assessments Program – The Competitive Grants for State Assessments program provides grades to increase the quality of assessments and assessment systems to measure students' academic achievement. The first priority focuses on encouraging the use of multiple measures of academic achievement. The secondary priority for this discretionary grant program focuses on the "development of comprehensive academic assessments that emphasize the mastery of standards and aligned competencies in a competency-based education model." The Administration has requested $8,900,000 for new awards for the fiscal year 2022, which will depend on final congressional action. Applications are due by April 18, 2022, and further information is available here.
• Jacob K. Javits Gifted and Talented Students Education Program – The Jacob K. Javits Gifted and Talented Students Education Program focuses on the identification of gifted and talented students, through the use of "evidence-based research, demonstration projects, innovative strategies" and other activities, seeking to meet these students' special educational needs. This program has a specific focus on those students who are traditionally underrepresented in gifted and talented programs. The Administration has requested $13,500,000 for this program for fiscal year 2022, which is dependent on final congressional action. Applications are due by April 4, 2022, and further information is available here.
• Equity Assistance Centers – Discretionary grant funds under this program focus on agreements to provide technical assistance to those who are preparing for, adopting, and implementing plans for the desegregation of public schools, as well as a focus on developing coping methods for special educational problems caused by desegregation. The Administration has requested $6,575,000 for this program for fiscal year 2022, depending on final congressional action. Applications are due by May 16, 2022, and further information is available here.

Bills

• R.6743 - 117th Congress (2021-2022) To amend the Richard B. Russell National School Lunch Act to increase the reimbursement rate of schools meals. Sponsor: Rep. McGovern, James P. [D-MA-2]
• R.6723 - 117th Congress (2021-2022) To establish a career pathway grant program. Sponsor: Rep. Adams, Alma S. [D-NC-12]
• R.6718 - 117th Congress (2021-2022) To amend the Richard B. Russell National School Lunch Act to remove certain limitations with respect to commodity assistance for school breakfast programs, and for other purposes. Sponsor: Rep. McGovern, James P. [D-MA-2]
• R.6709 - 117th Congress (2021-2022) To amend the Elementary and Secondary Education Act of 1965 to include certain mental health professionals as specialized instructional support personnel. Sponsor: Rep. Harder, Josh [D-CA-10]
• 3639 - 117th Congress (2021-2022) Jumpstart on College Act Sponsor: Sen. Markey, Edward J. [D-MA]

February 11, 2022 (Archives)

Congressional Update

House Passes Short-Term Funding Extension

The formal start of the current federal fiscal year 2022 (FY22) began on October 1, 2021. Since that time, lawmakers in Congress have been unable to come to agreement on full-year funding for FY22. Congress has passed a series of short-term funding measures-known as a continuing resolution (CR)-to extend FY21 funding levels through the current federal fiscal year. To date, these actions have averted a federal government shutdown and lapse in appropriations for laws like the Every Student Succeeds Act (ESSA). The most recent of these CRs is set to expire February 18, 2022.

On Tuesday, February 8, lawmakers in the House passed another CR to extend current funding levels, yet again, for federal operations and programs through March 11. This measure passed the chamber by a margin of 272-162. Shortly following House passage, the Senate began consideration of the legislation. The Senate is widely expected to take up and pass this measure in the coming days, ahead of the current February 18 deadline. The passage of the CR is intended to provide lawmakers additional time to find agreement on a full-year funding bill for FY22. Leaders in both the House and the Senate have more recently announced agreement on a framework to move forward on full-year funding and have, at least publicly, struck an optimistic tone regarding the prospects for this agreement. As these efforts unfold, NSBA is continuing to champion school districts' funding priorities including federal education formula dollars, such as ESSA and the Individuals with Disabilities Education Act (IDEA).

HELP Committee Advances USED Nominees

Yesterday, February 10, the Senate Health, Education, Labor, and Pensions (HELP) Committee held a hearing to consider and vote on several Biden Administration nominees. Among those considered was Glenna Wright-Gallo to be the next Assistant Secretary for Special Education and Rehabilitative Services at the U.S. Department of Education (USED). Wright-Gallo, who most recently was an Assistant Superintendent of Special Education, was advanced by the committee by a vote of 14-8. Her nomination goes to the full Senate for further consideration and a vote at a later date. More information on the hearing can be found here.

House to Hold Hearing Next Week on Safe and Healthy Schools

Next Wednesday, February 16, the House Education & Labor's Early Childhood, Elementary, and Secondary Education Subcommittee will be holding a hearing titled "Serving All Students: Promoting a Healthier, More Supportive School Environment."  Witnesses have not yet been announced.  The hearing will be livestreamed here.

Administration Update

FCC Announced Ninth Wave of Emergency Connectivity Fund Commitments

On Tuesday, February 8, the Federal Communications Commission (FCC) announced a ninth wave of funding commitments totaling over $125 million as part of the Emergency Connectivity Fund (ECF). The $7.2 billion ECF program was authorized as part of the American Rescue Plan and allows eligible schools and libraries to apply for financial support to purchase connected devices like laptops and tablets, Wi-Fi hotspots, modems, routers, and broadband connectivity to serve unmet needs of students, school staff, and library patrons at home during the ongoing pandemic. Securing initial funding for the ECF was one of NSBA's top legislative priorities over the past year. This round of commitments will support 270,00 students by providing funding to over 340 schools, 20 libraries, and 6 consortia who are set to receive 330,000 connected devices and over 39,000 broadband connections. More on the announcement can be found here.

Discretionary Grants

• USED published notice on a discretionary grant program for the Office of Special Education and Rehabilitative Services: Educational Technology, Media, and Materials for Individuals with Disabilities Program – Educational Materials in Accessible Formats for Eligible Children and Students with Disabilities –

The Educational Technology, Media, and Materials for Individuals with Disabilities grant program seeks to improve results for children with disabilities by "(1) promoting the development, demonstration, and use of technology; (2) supporting educational activities designed to be of educational value in the classroom; (3) providing support for captioning and video description that is appropriate for use in the classroom; and (4) providing accessible educational materials (AEM) to children with disabilities in a timely manner." The goal of the priority in this discretionary grant program is to ultimately create a center that would provide high-quality, free educational materials in "fully accessible media" for children and students of all ages. Out of $29,547,000 requested by the Administration for this grant program, $8,500,000 would be used for this specific competition. Funding will depend on final congressional action. Applications are due by April 11, 2022, and further information is available here.

Bills

•  R.6687 - 117th Congress (2021-2022) To direct the Secretary of Education to establish a competitive grant program to award grants to local educational agencies to address implicit bias in elementary and secondary schools, and for other purposes. Sponsor: Del. Norton, Eleanor Holmes [D-DC-At Large]
• R.6619 - 117th Congress (2021-2022) Unmask Our Kids Act Sponsor: Rep. Hinson, Ashley [R-IA-1]
• R.6613 - 117th Congress (2021-2022) Keeping School Meals Flexible Act Sponsor: Rep. Spanberger, Abigail Davis [D-VA-7]
• R.6608 - 117th Congress (2021-2022) Scratch Cooked Meals for Students Act Sponsor: Rep. Hayes, Jahana [D-CT-5]
• R.6603 - 117th Congress (2021-2022) Ending Common Core and Expanding School Choice Act Sponsor: Rep. Biggs, Andy [R-AZ-5]
• R.6585 - 117th Congress (2021-2022) Jumpstart on College Act Sponsor: Rep. Espaillat, Adriano [D-NY-13]
• 3604 - 117th Congress (2021-2022) A bill to prohibit Federal funds from being made available to any preschool, kindergarten, elementary school, or secondary school that has a facemask mandate. Sponsor: Sen. Cotton, Tom [R-AR]

February 4, 2022 (Archives)

Congressional Update

House Considers COMPETES Act 

Last week, House Democratic leadership introduced the America COMPETES Act (H.R. 4521), legislation intended to increase the nation's global competitiveness by making targeted investments in the nation's technology, research, and manufacturing capacity among other efforts. Of interest to the K-12 community, the proposal would create several new competitive grant programs aimed at expanded student access to STEM and computer science courses. The legislation also includes the House's proposal to reauthorize the National Apprenticeship Act (NAA) which, if enacted, would provide significant new resources for pre- and youth-apprenticeship programs typically aimed at high school students.

Throughout the week, lawmakers offered amendments to this legislation and debated various aspects of the proposal. Earlier today, the full House chamber passed this legislation by a margin of 222-210. The passage of H.R. 4521 will tee up conference negotiations between the House and the Senate, allowing lawmakers to reconcile the differences between this legislation and a narrower version passed by the Senate last year. A factsheet for the House bill can be found here and section-by-section summary can be accessed here.

Administration Update

USED Releases New ARP Guidance to Address Teacher and Staff Shortages

On Monday, January 31, the U.S. Department of Education (USED) released new guidance resources to state and local K-12 stakeholders aimed at helping school districts leverage federal pandemic aid to address critical teacher and staff shortages. Nearly every community in the country is facing shortages of qualified teachers and staff and these are felt even more acutely within harder-to-fill positions such as special education and paraprofessionals. The Department's new guidance outlines ways schools, districts, and states can make use of federal pandemic aid funding-made available via the American Rescue Plan- to address these shortages. These new resources can be accessed here and here. In addition, this week the Department also launched a new peer-to-peer learning network, encouraging recipients of the ARP's Elementary and Secondary School Emergency Relief (ESSER) fund to share innovative use cases and best practices for using these resources. The new tool can be found here.

OCTAE Hosts Equity in Career-Connected Education Summit

On Wednesday, February 1, the U.S. Department of Education's (USED) Office of Career, Technical, and Adult Education (OCTAE) hosted a summit focused on efforts to advance equity within Career and Technical Education (CTE). The convening was part of the Department and OCTAE's ongoing efforts to implement President Biden's Executive Order 13985, which seeks to advance racial equity and provide support to underserved communities through federal efforts and initiatives. The event also coincided with the beginning of "CTE Month" which lasts throughout February. Secretary Cardona provided opening remarks as part of the summit saying, in part, that access to "high-quality CTE is life-changing" for students. More on the event can be found here.

USDA Adopts Final Rules for Milk, Whole Grains, and Sodium 

Earlier this week, the U.S. Department of Agriculture's (USDA) Food and Nutrition Service (FNS) adopted a Final Rule that imposes slightly stricter limits on sodium, requires more whole grain-rich items to be served as part of school meal programs and allows schools to continue serving 1 percent flavored milk. This new regulation reverses a less rigorous set of school lunch requirements adopted by the previous administration. The rule is set to go into effect July 1, 2022.

Discretionary Grants

USED published notice on a discretionary grant program for the Office of Special Education and Rehabilitative Services:

• Personnel Development to Improve Services and Results for Children with Disabilities – Preparation of Special Education, Early Intervention, and Related Services Leadership Personnel – This grant program focuses on personnel development and preparation in special education, early intervention, and regular education to work with children with disabilities, including infants and toddlers. The priority for this discretionary grant – Preparation of Special Education, Early Intervention, and Related Services Leadership Personnel – focuses on existing doctoral degree programs that specialize in personnel in special education, early intervention and related services to act in leadership positions. These positions may include researchers, personnel preparers in IHEs, or as leaders of SEAs, lead agencies, LEAs, early intervention services programs, or schools. The Administration requested $250,000,000 for the Personnel Development to Improve Services and Results for Children with Disabilities program for fiscal year 2022 - $6,250,000 will be used for this program specifically. The deadline for applications for this grant program is April 1, 2022, and further information is available here.

Bills

• R.6565 - 117th Congress (2021-2022) To establish an alternative use of certain Federal education funds when in-person instruction is not available. Sponsor: Rep. Jacobs, Chris [R-NY-27]
• R.6564 - 117th Congress (2021-2022) To require educational agencies and institutions to provide in-person instruction to students as a condition of receiving Federal education funds, and for other purposes. Sponsor: Rep. Green, Mark E. [R-TN-7]
• R.6544 - 117th Congress (2021-2022) EARN IT Act of 2022 Sponsor: Rep. Garcia, Sylvia R. [D-TX-29]
• R.6532 - 117th Congress (2021-2022) Funding Early Childhood is the Right IDEA Act Sponsor: Rep. DeSaulnier, Mark [D-CA-11] (
• R.6526 - 117th Congress (2021-2022) Healthy Meal Time Act of 2022 Sponsor: Rep. Schrier, Kim [D-WA-8]
• 3554 - 117th Congress (2021-2022) A bill to establish an alternative use of certain Federal education funds when in-person instruction is not available. Sponsor: Sen. Scott, Tim [R-SC]
• 3544 - 117th Congress (2021-2022) A bill to authorize funding for section 619 and part C of the Individuals with Disabilities Education Act. Sponsor: Sen. Hassan, Margaret Wood [D-NH]

January 28, 2022 (Archives)

Congressional Update

House Leadership Unveil COMPETES Act

Late Tuesday, January 25, Democratic leaders in the House introduced the America COMPETES Act (H.R. 4521)-legislation that is broadly aimed at increasing the global competitiveness of the American economy by making targeted investments in the nation's technology, research, and manufacturing capacity among other elements. Of note to the K-12 community, the proposal would create several new competitive grant programs aimed at expanded student access to STEM and computer science courses. The legislation also includes the House's proposal to reauthorize the National Apprenticeship Act (NAA) which, if enacted, would provide significant new resources for pre- and youth-apprenticeship programs typically aimed at high school students.

A narrower version of this legislation was introduced and passed by the Senate last summer, but the proposal did not advance any further since that time. Should the House pass this bill in its current form, both chambers will need to reconcile significant differences between these proposals. The House Rules Committee is expected to meet next week to craft a rule for the full House to consider, amend, and vote on the legislation in the coming weeks. A fact sheet for the House bill can be found here and section-by-section summary can be accessed here.

Administration Update

FCC Announces Eighth Wave of ECF Funding

On Tuesday, January 25, the Federal Communications Commission (FCC) announced over $240 million in new funding commitments as part of the Emergency Connectivity Fund's (ECF) eighth round of awards. The funding will support over 600,000 students and provide 683,000 connected devices and 182,000 broadband connections to eligible schools, libraries, states, and consortia. Securing initial funding for the ECF as part of the American Rescue Plan was one of NSBA's top priorities and the organization is working with other national groups to obtain additional resources to continue the program as part of our initiative to close the "homework gap." To date, the ECF program has helped over 12 million students nationwide. More information can be found here.

NSBA Calls for ESSER Funding Deadline Extension

Late last week NSBA joined several other groups in the K-12 education community in sending a letter to the U.S. Department of Education (USED) encouraging the Department to extend the timeline for K-12 schools and districts to spend pandemic aid funding provided as part of the American Rescue Plan (ARP). Specifically, the letter asks for an extension of current spending deadlines for school construction and capital expenditure projects which often require much longer amounts of time to complete.

Secretary Cardona Lays Out New Vision for Education

Yesterday, January 27, U.S. Secretary of Education Miguel Cardona delivered a speech at the U.S. Department of Education's headquarters, laying out his vision for education as the nation continues to recover from the COVID-19 pandemic. In his remarks, Cardona laid out four key priority areas and related actions including: supporting students throughout the pandemic, addressing persistent opportunity and achievement gaps, making postsecondary education more accessible and affordable, and ensuring educational pathways lead to successful careers. More information on the speech can be found here.

Discretionary Grants

• USED published notice on a discretionary grant program for the Office of Special Education and Rehabilitative Services:
• Technical Assistance and Dissemination to Improve Services and Results for Children with Disabilities – National Technical Assistance Center for Inclusive Practices and Policies - This discretionary grant program works to improve academic achievement of children with disabilities. The National Technical Assistance Center for Inclusive Practices and Policies priority focuses on the education of students in the least restrictive environment, including those students with significant cognitive disabilities. This Center seeks to implement and sustain "evidence-based inclusive practices and policies based on individualized determinations, for students with significant cognitive disabilities…" The Administration has requested $49,345,000 for this program for fiscal year 2022. Funding will depend on final congressional action. The Department intends to use $2,000,000 for this competition. Applications are due by March 28, 2022, and further information is available here.

January 14, 2022 (Archives)

Lawmakers Still Seeking a Path Forward on the Fiscal Year 2022 Budget

Last autumn, Congressional lawmakers were unable to find agreement on full-year funding for the current 2022 federal fiscal year (FY22) which began on October 1, 2021. Since that time, Congress has passed a series of short-term funding extensions of current fiscal year 2021 funding levels to continue federal government operations past this date. The most recent of these measures, known as a continuing resolution (CR), is set to expire on February 18. To avert a government shutdown and lapse in appropriations for programs like the Every Student Succeeds Act (ESSA), lawmakers have continued to negotiate a longer-term funding package to cover the remainder of FY22.

Despite the need for full-year funding, the pathway forward for lawmakers to complete work on FY22 funding remains unclear. Yesterday, January 13, the top four lawmakers in Congress responsible for appropriations formally met for the first time since last November. These appropriations leaders emerged from the meeting calling the talks "constructive" and striking a tentatively optimistic tone regarding the likelihood of a full-year FY22 funding bill. As these efforts get more fully underway, NSBA's advocacy team will work with Congress to ensure that the FY22 appropriations process meets the significant funding needs of the K-12 education community.

Senate HELP Committee Advances CTE Nominee

On Thursday, January 13, the Senate Health, Education, Labor, and Pensions (HELP) Committee re-considered the nominations of several Biden Administration nominees, including Amy Loyd, to serve as the next Assistant Secretary for the U.S. Department of Education's (USED) Office of Career, Adult, and Technical Education (OCTAE). While the HELP Committee approved Loyd similarly last year, the full Senate did not formally confirm her prior to the end of the first session of the current 117^th Congress. As a consequence, President Biden was required to re-nominate Loyd for this position in the new year. Following a short discussion, the committee approved Loyd's nomination by voice vote, advancing her for consideration by the full Senate sometime in the near future.

Administration Update

USDA Increases School Meal Reimbursement Rates

Late last Friday, January 7, the U.S. Department of Agriculture (USDA) announced an increase of school meal reimbursement rates which the Department estimates will provide $750 million in additional funding for school meal programs during the upcoming year. Specifically, USDA is now providing 22% more for school lunches-about 25 cents per lunch- than under normal circumstances. More information on the changes can be found here.

FCC Launches Seventh Wave of Emergency Connectivity Fund Commitments

On Monday, January 10, the Federal Communications Commission (FCC) announced a seventh wave of funding commitments totaling over $361 million as part of the Emergency Connectivity Fund (ECF). The $7.2 billion ECF program was authorized as part of the American Rescue Plan and allows eligible schools and libraries to apply for financial support to purchase connected devices like laptops and tablets, Wi-Fi hotspots, modems, routers, and broadband connectivity to serve unmet needs of students, school staff, and library patrons at home during the ongoing pandemic. Securing initial funding for the ECF was one of NSBA's top legislative priorities over the past year. This round of commitments will support 802 schools, 49 libraries, and 8 consortia to receive nearly 654,000 internet-capable devices and over 313,000 broadband connections. More information on the announcement can be found here.

USED Promotes Full-Service Community Schools

On Wednesday, January 12, the U.S. Department of Education (USED) released proposed rules and related definitions for a competitive grant program to support Full-Service Community Schools. USED describes this grant program as providing ". . . support for the planning, implementation, and operation of full-service community schools that improve the coordination, integration, accessibility, and effectiveness of services for children and families, particularly for children attending high-poverty schools, including high-poverty rural schools." The Department is seeking comments and input from the public regarding this proposal. Since 2010, the Full-Service Community Schools competitive grant program has supported 55 communities across the nation. Comments are due back to USED no later than February 11, 2022.

USED Issues Guidance on Federal Funds to Support Afghan and Other Newcomer Students

On January 14, the U.S. Department of Education issued a "Dear Colleague" letter to Chief State School Officers detailing information about federal funds and resources available to support Afghan children and their families, who have recently arrived or may be arriving soon to states and school districts across the country. In addition to guidance regarding the use of Elementary and Secondary School Emergency Relief (ESSER) and Governor's Emergency Education Relief (GEER) funding address the impact of the COVID-19 pandemic on recently arrived children, this letter addresses how funds under Title I, Part A; Title III, Part A; Title IV, Part A; and Title IV, Part B of the Elementary and Secondary Education Act and the Individuals with Disabilities Education Act can be used by states and schools to support recently arrived students. Additional information is available here: www.ed.gov/news/press-releases/...

USED Promotes Full-Service Community Schools

On Wednesday, January 12, the U.S. Department of Education (USED) released proposed rules and related definitions for a competitive grant program to support Full-Service Community Schools. USED describes this grant program as providing ". . . support for the planning, implementation, and operation of full-service community schools that improve the coordination, integration, accessibility, and effectiveness of services for children and families, particularly for children attending high-poverty schools, including high-poverty rural schools." The Department is seeking comments and input from the public regarding this proposal. Since 2010, the Full-Service Community Schools competitive grant program has supported 55 communities across the nation. Comments are due back to USED no later than February 11, 2022.

Bills

• R.6380 - 117th Congress (2021-2022) To direct the Secretary of Education to establish a grant program to make grants to the parents of students enrolled in elementary schools or secondary schools that, for any reason related to COVID-19, are failing to provide in-person instruction for each enrolled student for each school day of school year 2021-2022, and for other purposes. Sponsor: Rep. Davis, Rodney [R-IL-13]
• R.6371 - 117th Congress (2021-2022) To address the needs of individuals with disabilities within the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act. Sponsor: Rep. Dingell, Debbie [D-MI-12]
• R.6357 - 117th Congress (2021-2022) Afterschool Meals Act of 2022 Sponsor: Rep. Brown, Shontel M. [D-OH-11]
• 3471 - 117th Congress (2021-2022) A bill to address the needs of individuals with disabilities within the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act. Sponsor: Sen. Casey, Robert P., Jr. [D-PA]

January 7, 2022 (Archive)

Congress Returns With Funding Deadline Looming

Earlier this week, the Senate formally reconvened to begin the second session of the 117^th Congress. The House is scheduled to follow suit next Monday, January 10. As lawmakers return to Capitol Hill this week and next, they will be confronted with a number of important agenda items. Chief among these is the fast-approaching date of February 18, which is when funding for the current 2022 federal fiscal year (FY22) is set to expire. Last year, Congress enacted a short-term extension of FY21 funding levels to keep the federal government open and related federal programs funded. This extension was intended to provide lawmakers additional time to find agreement on a full-year FY22 funding bill, which would last through September 30 of this year. As these efforts begin to get underway, NSBA's advocacy team will work with Congress to ensure that the FY22 appropriations process meets the significant funding needs of the K-12 education community.

Administration Update

FCC Launches New Connectivity Program and Grants New Waiver Flexibilities

On New Year's Eve, December 31, 2021, the Federal Communications Commission (FCC) officially launched the Affordable Connectivity Program-an initiative authorized by the recently passed bipartisan infrastructure legislation (known also as the Infrastructure Investment and Jobs Act). The program allots $14.2 billion in supplementary funding for eligible individuals to acquire subsidies for internet service bills and one-time discounts for certain internet capable devices. More on the announcement can be found here.

In addition to these efforts, the FCC also issued an order on Monday, January 4, responding to seven requests to waive the Emergency Connectivity Fund's (ECF) $400 cap for the purchasing of connected devices. The $7.2 billion ECF program was authorized as part of the American Rescue Plan and allows eligible schools and libraries to apply for financial support to purchase connected devices like laptops and tablets, Wi-Fi hotspots, modems, routers, and broadband connectivity to serve unmet needs of students, school staff, and library patrons at home during the ongoing pandemic. This week's order granted five out of the seven requested waivers capping the allowable cost of these devices.

USED Unveils New Proposed MOEq Requirements

On Monday, January 3, the U.S. Department of Education (USED) published newly proposed requirements for states and local school districts regarding the implementation of "Maintenance of Equity" (MOEq) provisions contained in the American Rescue Plan (ARP). This announcement follows earlier guidance from USED on this topic. Published in the Federal Register, the proposal details a series of new reporting requirements that states and school districts would need to complete by December 31, 2022. The Department is seeking feedback from the public on this proposal and comments are due to the Department by February 2, 2022. Additional information on the announcement can be found here.

School Bus Driver Certification Waivers Announced

On Tuesday, January 4, the U.S. Departments of Education (USED) and Transportation (USDOT) announced a series of actions to address the nation's ongoing shortage of school bus drivers. Among these planned responses, USED and USDOT jointly committed to waiving certain requirements from commercial driver's licenses (CDLs) to reduce the entry requirements to train new bus drivers. The waiver took effect Monday, January 3, and is set to expire March 31 of this year. Bus operators receiving a CDL under this temporary waiver will only be permitted to work within states. More information regarding this announcement can be found here.

USED Approves Last Round of State ARP Plans

The American Rescue Plan (ARP), passed exclusively by Congressional Democrats in the spring of 2021, authorized $122 billion in additional pandemic aid funding to be disbursed to K-12 schools over the last year. The U.S. Department of Education (USED) distributed two-thirds of this funding to states via a formula detailed in the legislation during 2021. However, USED held back the remaining third of these funds until states and territories submitted plans detailing how they would make use of these resources to support students as they recover from the impacts of the ongoing COVID-19 pandemic. Over the last few weeks in December, the Department approved the remaining state ARP plans that were awaiting review by USED, including those for Florida, Mississippi, and Vermont. All state ARP plans, including highlights and related press releases, can be found here.

Bills

• R.6349 - 117th Congress (2021-2022) Teachers Are Leaders Act Sponsor: Rep. Neguse, Joe [D-CO-2]
• R.6324 - 117th Congress (2021-2022) Saving America's Future by Educating Kids Act of 2021 Sponsor: Rep. Vela, Filemon [D-TX-34]
• R.6312 - 117th Congress (2021-2022) Preventing Mandates on Toddlers Act Sponsor: Rep. McClain, Lisa C. [R-MI-10]

December 17, 2021 (Archive)

Congress Increases Nation’s Debt Limit

On Thursday, December 16, President Biden signed legislation to increase the nation’s borrowing authority, known as the “debt ceiling,” by $2.5 trillion. As a reminder, the debt ceiling is the total allowable amount that the federal government is legally permitted to borrow to pay for expenses already incurred. This increase is expected to provide sufficient borrowing authority until sometime in 2023. Congressional Republicans had been withholding their support for further action on this issue, arguing that Democrats should simply pass the measure without their support. However, this would not be possible given the Senate’s required 60 vote threshold to pass legislation capable of withstanding a filibuster.

Late last week, lawmakers reached an agreement to exempt the debt limit extension from the Senate’s filibuster rules, allowing for passage in the chamber without Republican support. Lawmakers crafted a narrow, bipartisan legislative package that temporarily suspended the Senate’s filibuster authority for a single bill that would increase the nation’s borrowing limit by this agreed upon amount. Using this procedural maneuver, Senators were able to clear the bill by a majority vote. On December 14, the Senate (50-49) and House (221-209) passed a $2.5 trillion dollar debt limit increase and President Biden signed it into law later in the week.

BBBA Negotiations Continue

Democratic lawmakers are continuing to negotiate the president’s $1.75 trillion Build Back Better Act. Congressional Democrats hope to pass this legislation via the Congressional budget reconciliation process which allows certain legislation to pass by simple majorities in both chambers of Congress, thus circumventing a likely Republican filibuster in the Senate. The legislation would provide significant new investments in education, including over $400 billion over 10 years for new universal pre-K and childcare programs, $300 million of additional funding for the Emergency Connectivity Fund, and hundreds of millions of dollars for teacher recruitment and retention, school leadership, and more.

The Senate Health, Education, Labor, and Pensions (HELP) Committee posted new text of the BBBA over the weekend as discussions with the chamber’s parliamentarian have continued throughout the week. However, opposition from Senator Joe Manchin (R-WV) has remained a key obstacle to the bill’s passage. As this delay continues, it is increasingly likely that the Senate will recess for the holidays for the remainder of the month of December and resume consideration of the BBBA when Senators return to Capitol Hill on January 3, 2022. President Biden has, more recently, conceded that Democrats are unlikely to pass the BBBA prior to the end of the year and has said he is still committed to passing the bill through the Senate “as early as possible.”

Administration Update

USDA Adds Additional States to School Meal Program Initiative

Yesterday, December 16, the U.S. Department of Agriculture (USDA) added eight additional states to participate in the Direct Certification with Medicaid Demonstration Project for nutrition programs for the upcoming 2022-23 school year. The initiative increases low-income children’s access to the school meal program while reducing administrative burdens for schools and parents by allowing officials to use data from Medicaid to identify and determine a child’s eligibility for school meal programs. More on the announcement here.

USED Announces New Innovation and Research Grants

On Monday, December 13, the U.S. Department of Education (USED) announced $182 million in new grant awards for 30 school districts, institutions of higher education, and other entities to participate in the Education Innovation and Research (EIR) program. Authorized as part of the Every Student Succeeds Act (ESSA), the EIR program is intended to provide funding to create, develop, and otherwise implement evidence-based and innovative approaches to improving student achievement and attainment. The full list of grantees can be found here.

Bills

• R.6293 To amend the National Voter Registration Act of 1993 to require States to designate public high schools as voter registration agencies, to direct such schools to conduct voter registration drives for students attending such schools, to direct the Secretary of Education to make grants to reimburse such schools for the costs of conducting such voter registration drives, and for other purposes. Sponsor: Rep. Wilson, Frederica S. [D-FL-24]
• R.6287 To amend the McKinney-Vento Homeless Assistance Act to meet the needs of homeless children, youth, and families, and honor the assessments and priorities of local communities. Sponsor: Rep. Sherrill, Mikie [D-NJ-11]
• R.6262 To ban the teaching of critical race theory in public education, and for other purposes. Sponsor: Rep. Carter, Earl L. "Buddy" [R-GA-1]
• R.6227 To amend the Richard B. Russell National School Lunch Act to allow direct certification of children in households of active duty members of the Armed Forces for certain Federal school meal programs, and for other purposes. Sponsor: Rep. Levin, Mike [D-CA-49]
• R.6214 To effectively staff the high-need public elementary schools and secondary schools of the United States with school-based mental health services providers. Sponsor: Rep. Clark, Katherine M. [D-MA-5]
• 3398 A bill to amend the Student Support and Academic Enrichment Grant program to promote career awareness in accounting as part of a well-rounded STEM educational experience. Sponsor: Sen. Collins, Susan M. [R-ME]

December 10, 2021 (Archive)

Congress Nears Agreement on Nation’s Debt Limit

For much of the past calendar year lawmakers in Congress have been mired in disagreement over whether and how to raise the nation’s borrowing authority. Often referred to as the “debt ceiling,” this is the allowable amount that the federal government is legally permitted to borrow to pay for expenses already incurred. While a short-term increase of the debt ceiling was narrowly passed earlier this fall, Congressional Republicans have been withholding their support for further action on this issue, arguing that Democrats should simply pass the measure without their support—a move made difficult by the Senate’s required 60 vote threshold to withstand a potential filibuster. Should Congress fail to increase or suspend this borrowing authority, the federal government would be forced to default on its existing debt obligations which would have a catastrophic impact on the economy.

On Thursday, December 9, lawmakers announced that they had reached agreement on a path forward on this issue. Lawmakers have crafted a narrow legislative package that would, among other items, temporarily suspend the Senate’s filibuster on a forthcoming bill that would increase the nation’s borrowing limit. By temporarily removing the ability to filibuster this forthcoming legislation, Senators will be able to clear the bill by a simple majority vote. While legislation to formally increase the debt limit has not yet been passed by Congress, this proposal is widely expected to be enacted into law ahead of the current December 15 deadline when borrowing authority is expected to expire.

Administration Update

USED Approves Wisconsin ARP Plan

Following the American Rescue Plan’s (ARP) passage earlier this spring, the U.S. Department of Education (USED) distributed two-thirds of this funding to states via a prescribed formula. USED held back the remainder of these funds until states and territories submitted plans detailing how they would make use of these resources to support students as they recover from the impacts of the COVID-19 pandemic. On Monday, December 6, USED approved one more of these plans, releasing these additional funds to the state of Wisconsin. Only a handful of additional states have their ARP plans awaiting approval. The most current status of all state ARP plans, including highlights of plans already approved, can be found here.

Congress Confirms Bruce as USED IG and Rosenworcel at FCC

Late last Friday, December 3, the Senate formally confirmed Sandra Bruce to be the next Inspector General (IG) for USED. Bruce was previously Deputy IG for the Department for a number of years prior to her formal nomination this past June. USED’s IG office is the primary entity responsible for investigating and identifying fraud, waste, and abuse within ED funds, programs, and operations. More on the announcement from the Department can be found here. In addition, the Senate voted 68 to 31 to confirm Jessica Rosenworcel’s re-appointment to the Federal Communications Commission (FCC), putting her in place to be the first permanent chair of the agency under President Biden. Rosenworcel will also be the first female chair in the 86-year history of the FCC.

USED Announces Priorities for Discretionary Funding

Earlier today, December 10, USED published the agency’s final supplemental priorities and definitions for discretionary grant programs in the Federal Register. These priorities will be used by USED to guide decisions in the future regarding specific policy areas and related needs as part of grant competitions. The Department adopted the following six final priorities:

1. Addressing the Impact of COVID-19 on Students, Educators, and Faculty
2. Promoting Equity in Student Access to Educational Resources and Opportunities
3. Supporting a Diverse Educator Workforce and Professional Growth to Strengthen Student Learning
4. Meeting Student Social, Emotional, and Academic Needs
5. Increasing Postsecondary Education Access, Affordability, Completion, and Post-Enrollment Success
6. Strengthening Cross-Agency Coordination and Community Engagement to Advance Systemic Change

December 3, 2021 (Archive)

House Passes Short-term Funding Measure

Earlier this fall, lawmakers in Congress were unable to come to agreement on full-year funding for the current 2022 federal fiscal year (FY22). As a result, Congress passed a short-term funding measure to continue government operations past the formal start of federal fiscal year 2022 (FY22) on October 1, 2021. This measure was set to expire today, December 3. Lawmakers hoped to come to agreement on full-year FY22 funding during this period, but up until late last night had been unsuccessful. To avert a government shutdown and lapse in appropriations for laws like the Every Student Succeeds Act (ESSA), lawmakers have been working this week to pass another short-term extension of current federal funding. This measure, known as a Continuing Resolution (CR), extends current funding levels for a pre-determined amount of time to provide Congress more time to work out a longer-term agreement for the remainder FY22.

Yesterday, December 2, the House passed a CR to extend current funding levels for federal operations and programs through February 18. This measure passed the chamber narrowly, along party lines, by a margin of 221-212. Shortly following House passage, the Senate began consideration of the legislation. The Senate quickly took up the measure after the House, working late into Thursday evening to consider and formally approve it by a much wider and bipartisan margin of 69-28. As these efforts unfold, NSBA is continuing to champion school districts' funding priorities including federal education formula dollars, such as ESSA and the Individuals with Disabilities Education Act (IDEA).

Administration Update

USED Approves Four More State ARP Plans

Following the American Rescue Plan's (ARP) passage earlier this spring, the U.S. Department of Education (USED) distributed two-thirds of this funding to states, territories, and outlying areas via a prescribed formula. USED held back the remainder of these funds until states and others submitted plans detailing how they would make use of these resources to support students as they recover from the impacts of the ongoing COVID-19 pandemic. Over the past two weeks, the Department approved four more of these plans, releasing the additional funds to those states and territories. Those receiving approval this week include American Samoa, Puerto Rico, Virgin Islands, and Washington. Only a handful of states have outstanding ARP plans awaiting departmental approval. The most current status of all state ARP plans, including highlights of plans already approved, can be found here.

U.S. Department of Education Launches Two Communities of Practice to Help States Address Lost Instructional Time

This week the U.S. Department of Education (USED) launched two new multistate communities of practice to support states in addressing the impact of lost instructional time from the pandemic on students' social, emotional, and mental health, and academic well-being.

The Department is launching the Evidence-Based Interventions: Using American Rescue Plan Resources to Accelerate Learning Community of Practice with the National Comprehensive Center. This community of practice will work with states and communities in accelerating learning using American Rescue Plan (ARP) funding in sustainable ways. The Department will invite teams of State Educational Agencies (SEAs), Local Education Agencies (LEAs), and partner community-based organizations (CBOs) to participate in the community of practice. Participants will explore different evidence-based strategies to accelerate learning and build their organizational capacity to support districts and schools in implementing these practices with fidelity, using the ARP Elementary and Secondary School Emergency Relief (ESSER) funds for evidence-based interventions such as high-dosage tutoring and expanded learning time.

The Department is also launching the Toward an Equitable Education and Recovery: Transforming Kindergarten Community of Practice. This community of practice will engage a cohort of state and district teams to share best practices, policies, and initiatives that will allow the kindergarten year to become a more effective path to early school success and learning recovery, especially for those children who have been historically underserved and most adversely affected by the ongoing pandemic. The community of practice will consist of a series of virtual convenings on topics such as social-emotional development, family engagement, and supportive transitions that respond to disparities in access to in-person learning and nationwide under-enrollment for young children.

Additionally, the Department will continue to support states who participated in the Summer Learning and Enrichment Collaborative (SLEC) through the Strategic Use of Summer and Afterschool Set-Asides Community of Practice. This series will support state teams and their partners in promoting strategic and sustainable use of ARP funding to accelerate learning through summer and out of school time programming. This community of practice will build on the success from the SLEC, which brought together 49 State Education Agencies across eight total events that reached more than 1,300 participants.

FCC Unveils Fifth Wave of ECF Dollars

Last week, the Federal Communications Commission (FCC) announced that it has committed nearly $170 million in new funding as part of the Emergency Connectivity Fund (ECF). The ECF program was first established by the American Rescue Plan and allows eligible schools and libraries to apply for financial support to purchase connected devices like laptops and tablets, Wi-Fi hotspots, modems, routers, and broadband connectivity to serve unmet connectivity needs of learners, school staff, and library patrons at home during the COVID-19 pandemic-a key NSBA advocacy priority. This most recent funding round is expected to support 492 schools, 70 libraries, and 10 consortia to receive 380,000 connected devices and over 135,000 broadband connections. More on the announcement can be found here.

Commerce Committee Considers Rosenworcel Nomination

On Wednesday, December 1, the Senate Commerce, Science, and Transportation Committee held a hearing to vote on the nominations of several Biden Administration nominees, including Jessica Rosenworcel to be a Commissioner for the Federal Communications Commission (FCC), and to separately consider the nomination of Gigi B. Sohn in a similar role. Lawmakers raised a number of issues during the hearing including data privacy, net neutrality, and how the FCC plans to address the digital divide and related "homework gap" at the agency. Witness testimony, including an archived webcast of the hearing, can be found here.  The Committee voted to send Commissioner Rosenworcel's to the full Senate for confirmation.  Commissioner Rosenworcel has been a vocal proponent of efforts to close the Homework Gap.

New K-12 Bills

R.6108 - 117th Congress (2021-2022) To amend the Higher Education Act of 1965 to support community college and industry partnerships, and for other purposes. Sponsor: Rep. Kelly, Robin L. [D-IL-2]
R.6074 - 117th Congress (2021-2022) To provide grants to local educational agencies to help public schools reduce class size in the early elementary grades, and for other purposes. Sponsor: Rep. McBath, Lucy [D-GA-6]
R.730 - 117th Congress (2021-2022) Equity and Inclusion Enforcement Act of 2021 Sponsor: Rep. Scott, Robert C. "Bobby" [D-VA-3]
R.729 - 117th Congress (2021-2022) Strength in Diversity Act of 2021 Sponsor: Rep. Scott, Robert C. "Bobby" [D-VA-3]
NSBA Update

November 15, 2021 (Archive)

President Biden signed the $1.2 trillion infrastructure bill on Monday, Nov. 15, 2021. The final version of the legislation passed the House on Nov. 6th by a bipartisan vote of 228-206.

The legislation passed the Senate in August by a bipartisan vote of 69-30, but stalled in the House as Democrats tried to negotiate a deal on a separate $1.9 trillion economic package, another key component of Biden's agenda that many Democrats had tied to the fate of the infrastructure bill.

While the bipartisan infrastructure bill did not contain funding for school construction there are several significant items of interest to PreK-12 schools including:

• A total of $65 billion for broadband investment to help families access the internet and afford devices (Division F, starting on page 2014);
• $5 billion for clean-energy school buses;
• $500 million over 5 years for competitive grants to schools and non-profits for energy efficiency improvements;
• $200 million over 5 years to remove lead contamination in school drinking water, as part of a much bigger drinking water program; and
• Reauthorizes and extends until 2023 the Secure Rural Schools and Community Self-Determination Act, which helps fund schools in 700 counties that have federal forest land.

For months the Bipartisan Infrastructure bill has been linked to the Build Back Better Act (Reconciliation Bill) which contains money for many domestic priorities.  Consideration of that bill is expected to proceed.

November 12, 2021 (Archive)

Congressional Update

 Bipartisan Infrastructure Bill Moves to the President's Desk

On Friday, November 5, the House approved (228-206) the $550 billion bipartisan infrastructure bill (H.R.3684). Thirteen Republicans voted for the bill with six Democrats voting against it. The bill includes $65 billion to expand broadband access, $55 billion to upgrade water infrastructure, including $200 million allocated to eliminate lead contamination in schools, and $5 billion for clean-energy school buses. The measure also reauthorizes and extends, until 2023, the Secure Rural Schools and Community Self-Determination Act, which helps schools in 700 counties that have federal forest land. President Biden is scheduled to sign the bill on Monday, November 15, alongside leaders from both parties.

House Expected to Consider Build Back Better Package Next Week

House Speaker Pelosi plans to begin debate next week on the $1.75 trillion Build Back Better (BBB) package, which includes over $400 billion for universal pre-K and childcare program, $300 million for Emergency Connectivity Fund, and hundreds of millions for teacher recruitment and retention, school leadership, and more.  However, five Democrats have signaled that without further information from the Congressional Budget Office (CBO) about the bill's cost, they may not vote in favor of the package. Democratic leaders suggested this week that CBO may provide high level estimates next week to address these concerns, even though the detailed estimates may require more time.

Complicating Congress's work on BBB, temporary government funding approved by Congress in September is scheduled to expire only three weeks from today (December 3). Congress may need to pass another temporary funding bill to keep the government's doors open and provide appropriators more time to negotiate a final budget for fiscal year 2022.

Senate Panel to Hold Confirmation Hearing for FCC Chairwoman Rosenworcel

On November 17, the Senate Commerce, Science, and Transportation Committee will hold a hearing to consider the President's nomination of FCC Chairwoman Rosenworcel to continue serving at the agency. Unless the Senate approves her nomination before the end of the year, Rosenworcel will be forced to step down from the agency no later than January 3, 2022. Members of both parties have expressed support for Rosenworcel, so NSBA expects her nomination to be approved when Congress returns from the Thanksgiving Recess. The committee has not yet scheduled the confirmation hearings for the president's other FCC nominee, Gigi Sohn, or for the nominee to lead the National Telecommunications and Information Administration (NTIA) at the U.S. Department of Commerce.

Administration Update             

Vaccination Support Requested by Secretaries

On Monday, November 8, Education Secretary Miguel Cardona & Health and Human Services Secretary Xavier Becerra sent a letter to school principals asking for assistance with several key components to getting children vaccinated.  The letter requested leaders assist by: 1) hosting a COVID-19 vaccine clinic at their school, 2) distribute vaccine information to all families with children ages five to eleven, and 3) hold conversations with school communities on the COVID-19 vaccine.

COVID-19 Vaccinations Available for Children 5-11 -- Resources

Since the Centers for Disease Control and Prevention (CDC) recently announced that COVID-19 vaccinations are now available for children ages 5-11, the administration estimates that approximately 900,000 children received their first dosage of the vaccine as of Wednesday, Nov. 10. According to administration officials, more than 700,000 appointments are currently available at local pharmacies. 

On Monday, November 8, Education Secretary Miguel Cardona & Health and Human Services Secretary Xavier Becerra sent a letter to school principals asking for assistance with several key components to getting children vaccinated.  The letter requested leaders assist by: 1) hosting a COVID-19 vaccine clinic at their school, 2) distribute vaccine information to all families with children ages five to eleven, and 3) hold conversations with school communities on the COVID-19 vaccine.  Additionally, the U.S. Department of Health and Human Services has provided a "Guide to Hosting COVID-19 Vaccination Clinics at School." 

For further information about the CDC's COVID-19 vaccination recommendations for pediatric populations, please see the following information: 

• COVID-19 Vaccination for Children 5 through 11 Years Old: Information for Jurisdictions, Healthcare Providers, Pharmacists, Schools, and Community Partners.
• COVID-19 Vaccines for Children and Teens.

FEMA Public Assistance Webinar Scheduled Nov. 1

For school districts that may be preparing to host on-site COVID-19 vaccination clinics, funding and resources are available through the American Rescue Plan Act's Elementary and Secondary School Emergency Relief (ARP ESSER) fund, as well as reimbursement through the Federal Emergency Management Agency (FEMA). These funds can help cover the costs of hosting a clinic, including onsite set-up and operations as well as outreach and engagement activities. 

To provide details about its reimbursement process, FEMA will be hosting a webinar Wednesday, Nov. 17, at 11 a.m. (EST). This is an opportunity to ask FEMA directly about its public assistance and reimbursement process. Here is the link to participate https:/fema.zoomgov.com/j/1604866652.

FCC Announces Fourth Wave of ECF funding

On Monday, November 8, the FCC announced the fourth wave of funding commitments totaling over $421 million for the Emergency Connectivity Fund Program.  To date, the FCC and USAC have committed over $3.05 billion in program funding to school and library applicants and exceeded the stated goal of issuing funding commitment decision letters for 70 percent of all applications within 100 days of the closing of the first filing window.  With the first four waves, the FCC and USAC are providing support for over 6.8 million connected devices and over 3.5 million broadband connections to support 6,954 schools, 613 libraries, and 80 consortia. The FCC and USAC will continue to quickly review applications and will be issuing additional funding commitment decisions on a rolling basis in the coming weeks.

New K-12 Bills

• R.5919 - 117th Congress (2021-2022) To amend the Richard B. Russell National School Lunch Act to improve the child and adult care food program, and for other purposes. Sponsor: Rep. Bonamici, Suzanne [D-OR-1]

November 5, 2021 (Archive)

House Democrats Revise Build Back Better Act

On Wednesday, November 3, the House Rules Committee unveiled revised text for the Build Back Better Act (BBBA) -- $1.75 trillion legislation that would invest in a number of President Biden and Congressional Democrats’ domestic priorities, including K-12 education. The revised text did not substantially change or impact any NSBA legislative priorities. The current bill includes $300 million in supplemental funding for the Emergency Connectivity Fund (ECF), $113 million for “Grow Your Own” teacher and school leader development programs, $112 for teacher residency initiatives, $112 million for school principal support, and $161 million for personnel development efforts under Part D of the Individuals with Disabilities Act (IDEA).

The House Rules Committee met late into the night on Wednesday, hoping to tee up a vote sometime today (Friday). Should the current timeline hold, and with both Chambers out on recess next week, the earliest the BBBA could be taken up by the Senate is sometime during the week of November 15. However, key members of the Democratic caucus, particularly Sen. Manchin (D-WV) have so far been noncommittal regarding their support for the proposal as currently constructed in the House. This likely means that the Senate will make changes to the legislation prior to final passage. It remains unclear what potential changes will be made to the bill in order to garner the Senator’s support.

If there is a vote on Build Back Better Act, it is likely that would be followed by a vote on the Bipartisan Infrastructure Bill, which previously passed the Senate on a bipartisan vote.  It was unclear at 3 p.m. Friday when or whether these votes would take place.

Administration Update

USED Approves Two More State ARP Plans

The American Rescue Plan (ARP), passed exclusively by Congressional Democrats earlier this year, authorized $122 billion in additional pandemic aid funding to be disbursed to states and K-12 school districts this past spring. Since that time, the U.S. Department of Education (USED) has distributed two-thirds of this funding to states via a formula detailed in the legislation. The Department held back the remaining third of these funds, however, until states and territories submitted plans detailing how they would make use of the resources to support students as they recover from the impacts of the COVID-19 pandemic.

On Monday, November 4, USED approved two more of these plans, sending the additional funds to California and Colorado. Only five more states, along with Puerto Rico, have yet to be approved. The current status of all state ARP plans, including highlights of plans approved by the Department so far, can be found here.

OSHA Emergency Temporary Standard on Employee Vaccination Released

The White House released the President’s COVID-19 Action Plan in September, directing the U.S. Department of Labor to develop a rule that will require all employers with 100 or more employees to ensure their workforce is fully vaccinated or require any workers who remain unvaccinated to produce a negative test result on at least a weekly basis before coming to work. This week the Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS) to implement this requirement. It also requires employers to provide paid time to workers to get vaccinated and paid sick leave to recover from any side effects. OSHA released a webinar to help employers and workers familiarize themselves with the requirements. There is a 30-day comment period for interested parties to submit comments.

The Administration will be holding a webinar for those interested in learning more about the ETS  and its effect on public sector organizations in the context of K12.

Friday, November 12 at 1:00-1:45pm ET: ETS briefing with focus on K12. RSVP for K12 session: https://pitc.zoomgov.com/webinar/register/WN_xr-IgFJLRZOYOigU-G4TbQ

As a reminder, here is a table of states impacted by the ETS:

From: OSHA Jurisdiction Over Public Schools and Other State and Local Government Entities

CDC Endorses COVID Vaccine for Children 5-11

This week the Centers for Disease Control and Prevention (CDC) endorsed the CDC Advisory Committee on Immunization Practices’ recommendation that children aged 5-11 be vaccinated against COVID-19 with the Pfizer-BioNTech pediatric vaccine. The CDC now expands vaccine recommendations to about 28 million children in the United States in this age group and allows providers to begin vaccinating them as soon as possible. The U.S. Department of Health and Human Services has online information and resources for those interested in outreach efforts. Last month the White House released a fact sheet on operational planning for distribution of the COVID-19 vaccine for children 5-11, in anticipation of approval by the appropriate regulating bodies.

New K-12 Bills

• Res.758 Expressing support for designating November 2021 as "National Career Development Month". Sponsor: Rep. Langevin, James R. [D-RI-2]

Congressional Update

October 29, 2021 (Archive)

Build Back Better Framework Agreement Announced

On Thursday, October 28, President Biden announced his administration, along with key Democratic Congressional leadership, had come to an agreement on a $1.75 trillion framework to enact a slew of domestic priorities, including those impacting the K-12 community. Following this announcement, the House Rules Committee held a hearing to begin formal consideration of this proposed legislation dubbed the Build Back Better Act (H.R. 5376). While the legislation must still move forward via the Congressional budget reconciliation process—a maneuver that allows certain spending legislation to be passed by simple majorities in both legislative chambers—the announcement and related introduction of legislative text marks a significant step.

If enacted, the proposal would include over $800 million for teacher and school leader development, training, and recruitment efforts. This figure would include $113 million for “Grow Your Own” teacher and school leader development programs, $112 for teacher residency initiatives, $112 million for school principal support, and $161 million for personnel development efforts under Part D of the Individuals with Disabilities Act (IDEA) among other proposed funding for similar purposes. In addition, the bill would provide roughly $400 billion for child care services and universal pre-K. Significantly, the legislation proposes $300 million in additional funding for the Emergency Connectivity Fund to close the Homework Gap—a key NSBA priority.

The legislation is still far from being enacted and is subject to change as lawmakers in Congress continue to debate and negotiate the contents of the package. As this process unfolds, NSBA’s advocacy team will continue to work to ensure the K-12 community’s needs are well represented in any final legislative package.

Administration Update

White House Announces Actions to Increase COVID-19 Screening Testing in Schools

This afternoon, the White House announced additional actions to help states, schools, and school districts establish screening testing programs in more schools.  Actions include: ED and CDC partnering with The Rockefeller Foundation to accelerate school-based screening testing for students and staff, connecting schools to national testing experts to set up and sustain screening testing programs, publishing a start-up guide for schools on how to launch screening testing programs, making additional personnel available to help state health departments coordinate school-based screening testing through the CDC Foundation, guidance for school districts on providing incentives to parents and guardians to participate in screening testing programs, and a CDC directory for schools to identify a provider and get started with testing.

FDA Authorizes Pfizer COVID-19 Vaccine for Emergency Use in Children 5-11

The Food and Drug Administration on Friday authorized Pfizer-BioNTech’s coronavirus vaccine for emergency use in children 5 to 11. The Pfizer-BioNTech COVID-19 Vaccine for children 5 through 11 years of age is administered as a two-dose series, 3 weeks apart, but is a lower dose (10 micrograms) than that used for individuals 12 years of age and older (30 micrograms).

FCC Announces $1.3 Billion in ECF Funding Requests While Biden Administration Nominates FCC Leadership

On Monday, October 25, the Federal Communications Commission (FCC) announced that it had received nearly $1.3 billion in requests for funding as part of its second application window for the Emergency Connectivity Fund (ECF) program. The $7.1 billion ECF program was authorized as part of the American Rescue Plan and allows eligible schools and libraries to apply for financial support to purchase connected devices like laptops and tablets, Wi-Fi hotspots, modems, routers, and broadband connectivity to serve unmet needs of students, school staff, and library patrons at home during the ongoing pandemic.

This round of funding will provide nearly 2.4 million connected devices to eligible recipients and over 564,000 broadband connections. Securing initial funding for the ECF was one of NSBA’s top legislative priorities and the organization is now working with other national groups to obtain resources to continue the program as part of its initiative to close the “homework gap.”  More details about which schools and libraries will receive funding can be found here.

The day after this announcement, President Biden announced that he renominated Jessica Rosenworcel to serve on the FCC. He also designated her to serve as the agency’s chair. The Biden Administration also announced that Gigi Sohn would fill the FCC’s open seat, likely serving as the administration’s point person on issues pertaining to net neutrality. Given that Commissioner Rosenworcel must leave her current post at the end of 2021 if she is not confirmed, Senate Democratic leaders are widely expected to move forward with her confirmation process relatively soon. Sohn’s nomination is likely to move on a similar timeline.

Senate HELP Committee Advances ED Nominees

On Tuesday, October 26, the Senate Health, Education, Labor, and Pensions (HELP) considered the nominations of several Biden Administration nominees, including two officials to serve in key roles within the U.S. Department of Education (USED)—Sandra Bruce to serve as the Department’s next Inspector General and Amy Loyd to serve as the next Assistant Secretary for the Office of Career, Adult, and Technical Education (OCTAE). The committee approved seven out of the eight nominees during the hearing by voice vote, advancing them for consideration by the full Senate sometime in the near future.

OSERS Guidance on IDEA Part C

The U.S. Department of Education’s Office of Special Education and Rehabilitative Services has released two new documents regarding the Individuals with Disabilities Education Act (IDEA) Part C programs for services to infants and toddlers. These Q&A documents address child find, referral and eligibility (https://sites.ed.gov/idea/files/QA-on-Child-Find-10-29-2021.pdf) and early intervention services (https://sites.ed.gov/idea/files/QA-on-Early-Intervention-10-29-2021.pdf). We are forwarding this guidance for your information as school districts may not typically provide Part C services but do coordinate transition services for children approaching their third birthday from Part C to Part B programs, that address services for children ages 3-21.

New K-12 Bills

• R.5711 — 117th Congress (2021-2022) To modify the Federal TRIO programs. Sponsor: Rep. Davidson, Warren [R-OH-8]
• R.5691 — 117th Congress (2021-2022) TEACH for Tomorrow Act of 2021 Sponsor: Rep. Gallagher, Mike [R-WI-8]
• R.5667 — 117th Congress (2021-2022) Teachers and Parents at the Table Act Sponsor: Rep. Rice, Kathleen M. [D-NY-4]

October 22, 2021 (Archive)

Senate Releases Remaining FY22 Spending Bills

On Monday, October 18, the Senate Appropriations Committee released drafts of the remaining nine fiscal year 2022 (FY22) spending bills that had not been considered by the committee. Among these was the Labor, Health and Human Services, Education, and Related Agencies (Labor-HHS-ED) appropriations bill, which provides funding for the U.S. Department of Education (USED) and the related federal programs it oversees. Overall, the proposal would, if enacted, provide $98.4 billion for USED—an increase of $24.9 billion compared to the previous fiscal year. While this proposed funding level is $4 billion short of President Biden’s initial budget request to Congress earlier this year, the legislation would amount to a nearly 34% increase for USED.

Significantly, the legislation seeks to nearly double the amount of funding for Title I of the Every Student Succeeds Act (ESSA), proposing an additional $16.6 billion for this program for a total of $36 billion. Additionally, the legislation would provide a slew of increases to other notable ESSA funding streams including an additional $45 million for Title II-A and $100 million in additional funds for the law’s Student Support and Academic Enrichment grant program (Title IV-A).

The proposal is not expected, however, to be formally marked up by the Senate. Rather, these bills will be used as the basis to begin bicameral and bipartisan negotiations for full-year FY22 funding—legislation that must be completed by December 3 when current short-term funding is set to expire. Earlier this year, the House completed work on its set of spending bills which also envision significant increases for many of these same programs. These negotiations are intended to resolve the differences between the two chambers. As this process gets more fully underway, NSBA’s advocacy team is working to ensure that the proposed funding increases for key K-12 programs by the Senate and the House are ultimately enacted.

Administration Update

President Biden Issues Executive Order to Advance Educational Equity

On Tuesday, October 19, President Biden issued an Executive Order creating a new White House Initiative on Advancing Educational Equity, Excellence, and Economic Opportunity for Black Americans. The order enumerates several actions that the Administration has already taken or plans to take to provide greater economic opportunity for black families and communities, close educational achievement gaps for black learners, improve health outcomes for these communities, and outlines a number of steps the administration plans to take regarding criminal justice reform among other elements. In addition, the order establishes an interagency governmental working group to support the initiative’s broad remit. A related factsheet outlining this order can be found here.

USED Releases New Mental Health Resource

Also on Tuesday, October 19, the U.S. Department of Education (USED) released a new resource titled “Supporting Child and Student Social, Emotional, Behavioral and Mental Health” which aims to provide “information and resources to enhance the promotion of mental health and the social and emotional well-being among children and students.” The resource includes the seven key challenges to providing school- or program-based mental health support across early childhood, K–12 schools, and higher education settings and recommendations for each of the challenges examined in the resource. The release is part of the Department’s wider response to the ongoing pandemic and the mental health challenges facing students. A press release providing more information on this resource can be found here.

Catherine Lhamon Confirmed

On Wednesday, October 20, Catherine Lhamon was narrowly approved by the Senate to become the next Assistant Secretary for the U.S. Department of Education’s (USED) Office of Civil Rights (OCR). The vote was evenly split along partisan lines, requiring a tie-breaking vote from Vice President Kamala Harris. Lhamon previously led OCR under President Obama where she oversaw a controversial overhaul of Title IX—a move that has continued to be a primary source of opposition for Republican lawmakers. In addition to Lhamon’s confirmation, the Senate Health, Education, Labor, and Pensions (HELP) Committee is scheduled to consider the nominations of two other USED officials, including Sandra Bruce to be the Department’s next Inspector General as well as Amy Loyd, to serve as the next Assistant Secretary for the Office of Career, Adult, and Technical Education (OCTAE).

Updated CDC Resources

On Monday, the Centers for Disease Control and Prevention (CDC) updated its resources for school administrators in responding to COVID-19 cases.

COVID-19 Vaccinations for Kids Ages 5-11 — White House Fact Sheet on Operational Planning

This week the Biden administration released a fact sheet on operational planning for distribution of the COVID-19 vaccine for children 5-11, if it is approved by the appropriate regulatory bodies. The FDA's independent advisory committee meets on Oct. 26 and the CDC's independent advisory committee meets Nov. 2-3 to consider. The actual timeline for distribution will depend on the timeline from the FDA and CDC advisory committees, but the administration is making preparations for once that approval is received. If approved, the dosage would be one-third the strength of the regular dose given to individuals ages 12 and up.

According to the CDC, COVID-19 vaccines for children ages 5-11 are subject to the very same multi-step testing and approval process as all other COVID-19 and non-COVID-19 vaccines, including those routinely recommended for childhood vaccination. More details are available on the CDC website.

School Worker Shortage Webinars

The U.S. Departments of Education and Treasury will hold a two-part webinar series — “Using American Rescue Plan Funds and Other Federal Supports to Address State and Local Teacher and School Staff Labor Shortages” — on Wednesday, Oct. 27 and Thursday, Oct. 28 from 4-5 p.m. (ET). The Oct. 27 webinar will focus on teacher and substitute teacher shortages. The Oct. 28 webinar will focus on staff shortages, such as school bus drivers and food service workers.

The purpose of these webinars is to discuss the underlying causes of these shortages and share effective practices happening at the state and local levels and how federal resources, including those under the American Rescue Plan’s Elementary and Secondary School Emergency Relief Fund (ARP ESSER) and the State and Local Fiscal Recovery Fund (SLFRF), can be used to support and sustain these efforts.   

• To register for Webinar 1: Teacher and substitute teacher shortages Oct. 27, 2021 4 p.m. (ET)

https://www.zoomgov.com/meeting/register/vJIsd-2sqzkpH2KJhWPp_Vv7Iy7vjInHSBM

• To register for Webinar 2:Staff shortages, such as school bus drivers and food service workers  28, 2021 4 p.m. (ET)

https://www.zoomgov.com/meeting/register/vJItf-mrrTgpHMb_X3ytzYvojdCHoncw8H0

New K-12 Bills

• R.5593 Cybersecurity Opportunity Act Sponsor: Rep. Johnson, Henry C. "Hank," Jr. [D-GA-4]

Congressional Updates

October 15, 2021 (Archive)

Short-term Debt Limit Extension Enacted

On Tuesday, October 12, the House formally voted on and approved a short-term increase of the nation’s borrowing authority, known as the debt limit. Lawmakers passed this measure along party lines by a margin of 219-206. Following passage, President Biden signed the legislation into law, which provides $480 billion in additional borrowing authority for the U.S. Treasury Department. This extension is estimated to go through early December—a time when Congress must also act to pass a full-year funding measure for the current federal fiscal year (FY22) for programs like the Every Student Succeeds Act (ESSA).

Prior to this vote, however, Minority Leader Mitch McConnell (R-KY) sent a letter to President Biden making clear that his party will likely filibuster future Congressional efforts to pass a longer-term measure that would extend or suspend the current debt limit. Republicans’ opposition tees up a high-stakes set of decisions that lawmakers must navigate simultaneously by early December both on this issue as well as regular FY22 funding for the federal government.

Nevertheless, the short-term agreement provides more time for Congressional Democrats who are currently negotiating over the size and scope of a forthcoming domestic spending package, one that could potentially provide additional resources to the K-12 community in the form of dedicated funding for school facility construction and improvements, as well as additional funds to support ongoing broadband connectivity efforts. As these discussions continue, NSBA’s advocacy team is working to ensure the needs of K-12 schools and students are adequately addressed in a final package.

FCC Approves Additional Emergency Connectivity Fund Applications

On Tuesday, October 12, the Federal Communications Commission (FCC) announced $1.1 Billion in new commitments as part of the Emergency Connectivity Fund’s second wave. The funding will cover 2.4 million Devices and 1.9 million broadband connections. The approved projects will benefit students and staff at 2,471 schools, and the patrons of 205 libraries. The FCC has approved over half of the applications filed during the program’s first application window and we expect the remaining qualified applications to be approved in the coming weeks. Securing initial funding for the ECF was one of NSBA’s advocacy priorities and we are now working with other national groups to obtain resources to continue the program as part of our initiative to close the “homework gap.”

Administration Update

New Members Added to Assessment Governing Board as Test Scores Drop

On Wednesday, October 13, U.S. Secretary of Education Miguel Cardona formally appointed five board members to the National Assessment Governing Board (NAGB)—the entity responsible for overseeing and setting policy for the National Assessment of Educational Progress (NAEP), more commonly known as the nation’s report card. Dana Boyd, an elementary school principal, Tyler Cramer, a local business leader, and Beverly Perdue, former Governor of North Carolina were each reappointed to the 26-member governing board. In addition, Scott Marion, a testing and measurement expert, along with Viola Garcia, a local school board member, were newly appointed.

This announcement came just before the National Center of Education Statistics (NCES) released new findings indicating declines in reading and math scores since 2012 for 13 year-olds. “This was the first time in the almost 50-year history of the long-term trend assessments that we observed declines among 13-year-olds,” said NCES Commissioner Peggy G. Carr, who went on to note that “These performance drops are especially notable among lower-performing students, who no longer demonstrate competency in skills that students were able to do almost a decade ago in both subjects and age groups.”

USED Approves Four More ARP Plans

This past spring, Congressional Democrats passed the American Rescue Plan (ARP), which authorized $122 billion in supplementary funding for K-12 school districts. Since that time, the U.S. Department of Education (USED) distributed two-thirds of this funding via formula to help schools and states respond to the ongoing COVID-19 pandemic. The Department, however, held back the remaining third of this funding requiring that states and territories submit plans detailing how these new financial resources would be used to support learners cope with the impacts of the public health crisis and related disruptions to schooling. As part of this ongoing effort, USED has been periodically reviewing and approving state ARP plans for this purpose. On Thursday, October 14, the Department approved four more of these plans for Guam, Maryland, Nebraska, and Virginia. Seven states and Puerto Rico are still awaiting approval from the Department, along with the release of these remaining ARP funds. The current status of all state ARP plans, including highlights of plans approved by USED so far, can be found here.

USED Roundtables

The U.S. Department of Education is hosting Community Conversations, a series of education roundtables. The department invited NSBA to have local school board members participate in meetings where senior department officials can hear first-hand about the challenges around reopening schools. They currently have three scheduled in Raleigh, Charlotte, and Atlanta, on Oct. 19, 20, and 22 respectively.

New K-12 Bills

The President signed the S.1917 - K-12 Cybersecurity Act of 2021 which requires the Cybersecurity and Infrastructure Security Agency (CISA) to study the cybersecurity risks facing elementary and secondary schools and develop recommendations that include cybersecurity guidelines designed to assist schools in facing those risks.  The study will evaluate the challenges that schools face in securing systems and sensitive student and employee records.  The agency has 120 days to complete the review and report back to Congress and also requires CISA to develop online training tools for school officials.

October 8, 2021 (Archive)

Congressional Update

Lawmakers Agree to Short-term Debt Limit Extension

After an intense and protracted standoff over the last few months, lawmakers in the Senate announced that they had reached agreement to modestly increase the nation’s borrowing authority (known as the national debt limit) by $480 billion. The agreement, at least temporarily, ensures that the nation will avert a default on its debt obligations. Announced on Wednesday, October 6, this measure is estimated to give the U.S. Treasury Department additional flexibility to service the nation’s debt, likely through early December.

The short-term agreement is intended to provide additional time for lawmakers to determine a longer-term solution for the debt limit. Significantly, the agreement likely means that the debt ceiling will need to be addressed again around the same time that lawmakers must determine full-year funding for the federal government and related programs for the current federal fiscal year (FY22).

The debt ceiling agreement comes after a series of earlier legislative proposals to extend or suspend the debt limit were unanimously rejected by Republican Senators who have continued to argue that Democrats should achieve this unilaterally via the budget reconciliation process. Given the rules of the Senate, to overcome Republican opposition to a debt limit increase or suspension Congressional Democrats required 60 votes. With an evenly divided Senate, Democrats lacked the necessary votes to overcome this Republican filibuster.

Earlier this week, however, Minority Leader Mitch McConnell (R-KY) offered this short-term debt ceiling extension promising to provide at least 10 Republican votes to overcome this obstacle. Late Thursday evening, McConnell delivered 11 votes, allowing the measure to be considered by a simple majority. The Senate subsequently voted 50-48 in favor of the short-term measure, sending the bill the House where it is widely expected to pass.

Senate Commerce Committee Continues Privacy Hearings

The Senate Commerce, Science and Transportation Committee held a third in a series of hearings focused on consumer privacy. The hearing, title “Enhancing Data Security,” included a focus on several possible policy changes that could impact schools' work with community and private sector partners. Although not covering the Family Educational Rights and Privacy Act – that law falls under the HELP Committee’s jurisdiction – school board leaders should closely follow the committee’s work in this area. Bipartisan consensus appears to be emerging within the committee about expanding the Federal Trade Commission’s staff to better enforce existing privacy requirements. This greater capacity, perhaps including through a new privacy bureau, could include stronger enforcement of the Children’s Online Privacy Protection Act (COPPA), which applies to businesses that handle student data when working with schools. The hearing also showed renewed interest by some committee members and witnesses about expanding the FTC's jurisdiction to include non-profits and about stretching COPPA to cover older students, not just learners younger than age 13.

Administration Update

Department of Justice Steps Up Efforts to Address Violent Threats Against School Officials

Late last month, NSBA sent a letter to President Biden requesting federal assistance in helping to stop threats and thwart acts of violence again students, public school board members, and public district and school leaders. Earlier this week, October 4, the U.S. Department of Justice (DOJ) responded to this request, with Attorney General Merrick Garland issuing a memorandum directing his Department, along with the FBI, to take a series of “. . . additional efforts in the coming days designed to address the rise in criminal conduct directed toward school personnel.” The memo goes on to note that the Department is currently determining how best to utilize federal law enforcement tools for this purpose and details that DOJ plans to also create specialized training and guidance for school boards and school administrators. More information on the Justice Department’s response can be found here.

USED Proposes New Maintenance of Equity Implementation Requirements

On Tuesday, October 5, the U.S. Department of Education (USED) published two notices in the Federal Register regarding the American Rescue Plan’s (ARP) maintenance of equity requirement (MOEquity). The first notice outlines a set of new data reporting elements regarding a new requirement that states publish information demonstrating that high-poverty school districts are not receiving disproportionate cuts to local school budgets. This MOEquity requirement was a condition for states receiving ARP money. More information on these notices can be found here and here.

Senate Confirms New USED Nominees

On Wednesday, October 6, the Senate voted to confirm three high-level nominees for positions within the U.S. Department of Education (USED). Those approved for positions included Gwen Graham, who will oversee the Department’s Office of Congressional and Legislative Affairs as Assistant Secretary, Elizabeth Merrill Brown, who will serve as USED’s General Counsel, and Roberto Rodriguez, who will oversee the Department’s Office of Planning, Evaluation, and Policy Development. There are a number of other USED appointees still awaiting Senate confirmation. This includes Amy Loyd, who has been nominated to be the next Assistant Secretary for the Office of Career, Technical, and Adult Education (OCTAE) as well as Catherine Lhamon, who was previously nominated to lead the Department’s Office of Civil Rights (OCR). Although Lhamon’s nomination has been stalled in committee, more recently Majority Leader Schumer (D-NY) has filed a measure to move this nomination to the floor for a full vote sometime soon.

USED Approves Four More ARP Plans

The American Rescue Plan (ARP), passed exclusively by Congressional Democrats earlier this year, authorized $122 billion in additional pandemic aid funding to be disbursed to K-12 schools this past spring. The U.S. Department of Education (USED) has since distributed two-thirds of this funding to states via a formula detailed in the legislation. The Department held back the remaining third of these funds, however, until states and territories submitted plans detailing how they would make use of these resources to support students as they recover from the impacts of the ongoing COVID-19 pandemic. As part of this ongoing effort, USED approved four more of these plans this week, sending these additional funds to Arizona, Michigan, Missouri, and Wyoming. The current status of all state ARP plans, including highlights of plans approved by USED so far, can be found here.

New K-12 Bills

• H.R.5459 School Food Recovery Act of 2021 Sponsor: Rep. Pingree, Chellie [D-ME-1]
• H.R.5445 To amend the Carl D. Perkins Career and Technical Education Act of 2006 to direct the Secretary of Education to award grants for new agricultural education programs in secondary schools. Sponsor: Rep. Delgado, Antonio [D-NY-19]
• S.848 Consider Teachers Act of 2021 Sponsor: Sen. Braun, Mike [R-IN]

October 1, 2021 (Archive)

Congressional Update

Government Shutdown Averted

Earlier this week Senate Republicans unanimously voted down short-term funding legislation, known as a continuing resolution (CR), that would extend current funding levels for federal programs, like the Every Student Succeeds Act (ESSA), and avoid a shutdown of federal government operations. The measure, which was passed by the House last week, funds the government and related programs through December 3 and would also have included a suspension of the debt ceiling—a key issue at the heart of Congressional Republican opposition to the legislation. On Thursday, September 30, leaders in the Senate removed the debt ceiling provision from this CR, passed the legislation out of the chamber by a vote of 65-35, and sent it back to the House where lawmakers in the lower chamber quickly approved the measure 254-175. President Biden then signed the legislation into law late Thursday night, averting a shutdown of the federal government.

Lawmakers must still determine full-year funding for FY22, but now have approximately nine additional weeks to find agreement on this issue. At the same time, however, The U.S. Treasury Department anticipates that the agency will run out of borrowing authority to service its current debt obligations by October 18. Failure to suspend or raise the debt ceiling—the total allowable amount of money the federal government is permitted to borrow—would result in a catastrophic default on the nation’s debt. While Democrats have attempted to include a suspension of the debt ceiling in the CR, and have more recently attempted to pass a stand-alone suspension of the debt ceiling on Wednesday, Congressional Republicans have continued to insist that Democrats pass this on their own via the ongoing budget reconciliation process. At present, it remains unclear how lawmakers will ultimately address this issue in days and weeks ahead.

Uncertain Future for Infrastructure and Reconciliation Bills

Late Thursday night, September 30, the lawmakers in the House were expected to take up and vote on the Senate-passed, bipartisan infrastructure bill (formerly known as the Bipartisan Infrastructure Framework or BIF). Continued disagreement between progressives and moderates within the Democratic Party, however, forced leadership to pull this measure from consideration late Thursday evening. Both sides remain at odds over how to pass the BIF—a priority for moderates—along with a wider domestic spending package via the reconciliation process which remains a key priority for progressives. Congressional Democratic leadership are continuing to negotiate internally with their caucus in an effort to collect the necessary support to pass both measures this fall. As these talks continue, NSBA will continue to advocate for the significant infrastructure and connectivity needs of the K-12 community.

House Education Committee Explores School Reopening Efforts

On Wednesday, September 29, the House Education and Labor Committee’s Subcommittee on Early Childhood, Elementary, and Secondary Education held a hearing to learn more about the challenges facing schools as they work to open safely this fall for in-person instruction. The hearing also explored how states and school districts are making use of the funding provided by the American Rescue Plan towards this end. Witnesses included Dr. Jesus F. Jara, Superintendent of Schools in Clark County School District, NV, Denise Forte, Interim Chief Executive Officer of The Education Trust, David Zweig a journalist for The Atlantic and Wired Magazine, along with Dr. Ashish K. Jha, Dean & Professor of Health Services, Policy & Practice at Brown University’s School of Public Health. An archived video of the hearing, along with written testimony from witnesses, can be found here.

Senate HELP Committee Holds School Reopening Hearing

On Thursday, September 30, the Senate Health, Education, Labor, and Pensions (HELP) Committee held a hearing exploring issues related to school reopenings amid the ongoing COVID-19 pandemic. U.S. Secretary of Education Miguel Cardona and Secretary of Health and Human Services (HHS) Xavier Becerra provided testimony to the committee regarding best practices and answered questions from committee members. In particular, Secretary Cardona highlighted the Biden Administration’s ongoing efforts to support K-12 schools safely reopen, including the U.S. Department of Education’s ongoing work to implement and distribute Congressionally approved pandemic aid dollars to school districts. More information on the hearing, including an archived webcast and related testimony, can be found here.

Administration Update

USDA Announces Supply Chain Disruption Funds for Schools

On Wednesday, September 29, the U.S. Department of Agriculture (USDA) announced the availability of new funds to address a range of issues including to support school meal programs. The announcement specifies that up to $1.5 billion will be made available to help K-12 schools respond to and address supply chain issues as they relate to school meal programs. Per a USDA press release, the Department anticipates that these funds will be used for, “[the] procurement of agricultural commodities and enable USDA’s Food and Nutrition Service (FNS) and Agricultural Marketing Service (AMS) to enhance the toolbox for school nutrition professionals working hard to make sure students have reliable access to healthy meals.”

Second Window for Connectivity Funds

On Wednesday, September 29, the Federal Communications Commission (FCC) announced the opening of a second application filing window for the Emergency Connectivity Fund (ECF) program. Created as part of the American Rescue Plan, the ECF Program allows eligible schools and libraries to apply for financial support to purchase connected devices like laptops and tablets, Wi-Fi hotspots, modems, routers, and broadband connectivity to serve unmet needs of students, school staff, and library patrons at home during the COVID-19 pandemic.

This second opportunity to apply for funding will remain open through October 13. Eligible schools, libraries, and consortia will be able to submit request for funding to make eligible purchase between July 1, 2021 and June 30, 2022. More information on how to apply can be found here.

New K-12 Bills

• R.5428 — 117th Congress (2021-2022) To require the Secretary of Education, in consultation with the Attorney General and the Secretary of Health and Human Services, to publish an annual report on indicators of school crime and safety that includes data on school shootings, and for other purposes. Sponsor: Rep. Wasserman Schultz, Debbie [D-FL-23]
• R.5424 — 117th Congress (2021-2022) To amend the Richard B. Russell National School Lunch Act to eliminate certain requirements under the summer food service program for children, and for other purposes. Sponsor: Rep. Kim, Andy [D-NJ-3]
• Res.689 — 117th Congress (2021-2022) Expressing support for the designation of September 2021 as "National Workforce Development Month" and recognizing the necessity of investing in workforce development to support workers and to help employers succeed in a global economy. Sponsor: Rep. Bonamici, Suzanne [D-OR-1]
• R.5396 — 117th Congress (2021-2022) To amend title IX of the Education Amendments of 1972 to establish standards of liability for harassment on the basis of sex, and for other purposes. Sponsor: Rep. Dingell, Debbie [D-MI-12]
• R.5380 — 117th Congress (2021-2022) Helping Students Plan for College Act of 2021 Sponsor: Rep. Kim, Andy [D-NJ-3]

NSBA Update

NSBA Asks White House for Federal Support to Protect Education Leaders

NSBA sent a letter to President Biden on Wednesday, September 29, asking for federal assistance to stop threats and acts of violence against public schoolchildren, public school board members, and other public school district officials. The letter underscores that local school board members want to hear from parents and community members on important issues and it acknowledges that such feedback is at the heart of good school board governance and promotion of free speech. It also notes, however, that there must be safeguards in place to protect public schools and dedicated education leaders as they do their jobs. “As the threats grow and news of extremist hate organizations showing up at school board meetings is being reported, this is a critical time for a proactive approach to deal with this difficult issue,” the letter argues. Read the press release and the letter at https://nsba.org/News/2021/federal-assistance-letter.

September 24, 2021 (Archive)

Congressional Update

House Approves Continuing Resolution and Suspension of Debt Limit

The House and Senate face several fast-approaching deadlines including funding government operations beyond the end of the current fiscal year which is September 30, 2021, increasing the federal debt ceiling before authorized borrowing levels are reached in October, and continuing to move the two major infrastructure bills forward. On Tuesday, September 21, the House approved a bill (220-211) that would provide temporary funding for federal operations until December 3, 2021, as well as provide a debt limit suspension until December 2022. The Treasury Department projects a debt default sometime in October if Congress fails to increase the debt limit.

Nearly every Senate Republican has indicated that they will not support a debt limit increase, so the House’s decision to couple the issue with the temporary funding required to continue government operations after September 30 has triggered a standoff that could lead to a government shutdown. Senate Republicans argued this week that Democrats should pass the debt limit increase as part of the $3.5 trillion reconciliation package they plan to pass without Republican support. With neither side budging, Congressional leaders must find a compromise over the next few days. A government shut down can still be avoided, but school districts should note that a short term shut down is not likely to have significant implications for the nation’s schools.

Fiscal Year 2022 Appropriations Process Slows in the Senate

This week, Senate Democrats scrapped plans – at least temporarily – to mark-up the remaining fiscal year 2022 appropriations bills, including the draft Labor Health and Human Services and Related Agencies bill that funds the U.S. Department of Education and the agency’s programs. Senate Republicans said they are withholding support from any spending bills until topline allocations are provided for both defense and non-defense spending for the coming fiscal year. Given this impasse, Senate Appropriations Committee Chairman Leahy (VT) may soon release the twelve draft fiscal year 2022 spending bills publicly with plans to use the drafts as the baseline for starting discussions with the House about an Omnibus spending package. Democrats aim to complete negotiations on an omnibus spending bill – including the Department of Education’s budget – prior to the early December deadline included in the continuing resolution approved by the House this week and awaiting further action in the Senate. That deadline could shift before Congress approves the continuing resolution for the president's signature and Congress could also delay the FY22 appropriations process a second time by adopting another continuing resolution. NSBA will continue monitoring the process and encouraging Congress to provide the funding schools need to support their students.

House Budget Committee to Vote on $3.5 Trillion Reconciliation Bill

On Saturday, the House Budget Committee is expected to mark up the $3.5 trillion reconciliation bill, including significant new investments in education.  As a reminder, this package, crafted to enact President Biden’s “Build Back Better” agenda, may be passed by simple majorities in both chambers of Congress. If enacted, the bill would provide: $450 billion for universal pre-K and childcare subsidies for eligible families, $111 billion to provide two years of free community college and a $500 increase to Pell grants, $82 billion for K-12 school infrastructure, $80 billion for workforce development programs, $198 million for teacher residency programs, $198 million school leadership programs, $197 million for “Grow Your Own” teacher preparation programs meant to increase teacher workforce diversity, and $297 million for Part D of the Individuals with Disabilities Education Act (IDEA).  Along with the above education priorities, the measure also includes $4 billion to continue the Emergency Connectivity Fund for connecting students and staff to home broadband and devices. Following approval by the Budget Committee, House Speaker Pelosi must set a date for the bill’s consideration by the full House. This decision is complicated by divisions with the House Democratic Caucus about whether the body should first vote on the $3.5 trillion Build Back Better bill, or the smaller bipartisan infrastructure bill already approved by the Senate. The House is scheduled to vote on the bipartisan bill on Monday, but that date could slip if the Speaker does not have the votes required to approve the measure. NSBA expects to learn more over the weekend about both bills and will update members when new insights are available.

Senate Employment Subcommittee Holds Hearing on Apprenticeships

Earlier this week, the Senate HELP Subcommittee on Employment and Workplace Safety held a hearing titled “Getting America Ready to Work – Successful on the job, apprenticeship training programs to help workers and business get ready to work.” The discussion was part of the Congress’s work to update the National Apprenticeship Act, including finding ways to ensure that federal apprenticeship programs benefit parts of the workforce – such as early childhood education – that may not have traditionally taken advantage of the program. The hearing included witnesses from Toyota, CareerWise, and Pinnacol Insurance and emphasized the importance of apprenticeships and the need for skilled workers. Subcommittee Chairman Hickenlooper (D-CO) noted in his opening remarks that there is a need to build a bipartisan coalition to advocate for the investment needed for a highly skilled workforce not just for the careers of today, but for the careers of the future. Ranking Member Braun (R-IN) discussed the possible reauthorization of the Workforce Innovation and Opportunity Act (WIOA) and noted that apprenticeships are a topic of bipartisan agreement.  Witnesses and members alike highlighted the importance of workforce and education working together with an industry led approach for success.  The hearing also emphasized the need to reach students early in middle school to provide insights and experiences on career opportunities.

Administration Update

Education Secretary Cardona Travels the Midwest on School Tour

Education Secretary Cardona and Deputy Secretary Marten kicked off their Return to School Road Trip school tour on Monday, visiting schools in Wisconsin, Illinois, Indiana, Ohio, and Michigan throughout this week to promote in person learning for students.  Many of the schools and communities featured in the tour have successfully implemented the priorities within the Return to School Roadmap and have used federal pandemic relief funds to support these efforts. Learn more about the school visits, the Return to School Roadmap, and administration’s back to school priorities here.

FCC Announces First Wave of Homework Gap Grants

Today, the Federal Communications Commission (FCC) announced an initial wave of Emergency Connectivity Fund (ECF) Program funding commitments totaling over $1.2 billion. The approved commitments account for approximately 20% of the total amount requested during the initial application filing window and will fund 3,663 applications from 3,040 schools, 260 libraries, and 24 consortia across all 50 states, Guam, Puerto Rico, and the District of Columbia. The FCC will continue to review applications and will be making additional commitments on a rolling basis in the coming weeks.

A second application filing window will open on September 28, 2021, and close on October 13, 2021. During this window, applicants will be able to submit requests for funding for purchases made between July 1, 2021, and June 30, 2022, to meet the needs of students, school staff, and library patrons who would otherwise lack access to basic educational opportunities and library services.

Additional information about the ECF applications filed in the first filing window is available on the Universal Service Administrative Company’s (USAC) Open Data platform and can be found at ECF FCC Form 471 dataset. This dataset contains detailed information from the ECF applications filed in the first filing window, which ran from June 29, 2021, to August 13, 2021, including applicant details, requested funds, individual product or service details, and funding commitment information.

U.S. Department of Education Awards First Project SAFE Grant

Earlier this month, the Department of Education announced a new grant program—Project Supporting America’s Families and Educators (Project SAFE)—to provide additional funding to schools and districts who have run afoul of these state-level restrictions, many of which are at odds with the Centers for Disease Control and Prevention’s current guidance. This week the Department of Education announced the first Project SAFE award to Alachua County in Florida. Applications are reviewed on a rolling basis contingent on funding availability.  The grant application can be found here.  For more information on applying contact Amy Banks at ProjectSAFE@ed.gov.

U.S. Department of Education Announces 2021 National Blue Ribbon Schools

The Department of Education announced the 2021 cohort of National Blue Ribbon Schools.  This year’s 325 schools are recognized for either being exemplary high-performing schools and are among their state's highest performing schools as measured by state assessments or nationally normed tests or because of their exemplary achievement gap-closing schools are among their state's highest performing schools in closing achievement gaps between a school's student groups and all students.  More details about the schools can be found here.

U.S. Department of Education Awards Promise Neighborhood Grants

On Wednesday, September 22 the Department of Education announced $40 million in new Promise Neighborhood Grants. The funding for these grants is authorized under the Elementary and Secondary Education Act (ESEA) and are intended to “significantly improve academic and developmental outcomes for children living in communities of concentrated poverty.” The grants assist by enabling education and community leaders to address the many interlocking impacts that concentrated poverty exerts on a child’s educational journey. The services proposed in the grantee applications will provide services to support students from early childhood through the course of their K-12 education.  The announcement includes seven grantees from the following states: California, Connecticut, Florida, Indiana, Mississippi, New Jersey, and South Carolina.

New K-12 Bills

• R.5339 To clarify the requirements of authorized representatives under the Family Educational Rights and Privacy Act of 1974, and for other purposes. Sponsor: Rep. Luetkemeyer, Blaine [R-MO-3]
• R.5337 To establish a National social emotional learning clearinghouse. Sponsor: Rep. Larsen, Rick [D-WA-2]
• R.5336 To amend the Workforce Innovation and Opportunity Act to provide additional criteria for the Dislocated Worker Project, and for other purposes. Sponsor: Rep. Keller, Fred [R-PA-12]
• R.5328 To direct the Secretary of Education to establish a grant program to make grants to the parents of students served by local educational agencies that teach critical race theory, and for other purposes. Sponsor: Rep. Bishop, Dan [R-NC-9]
• R.5327 To direct the Secretary of Education to establish a grant program to make grants to the parents of students served by local educational agencies that require students to wear face masks during in-person instruction, and for other purposes. Sponsor: Rep. Bishop, Dan [R-NC-9]
• R.5308 To amend section 9A of the Richard B. Russell National School Lunch Act to require that local school wellness policies include a requirement that students receive 50 hours of school nutrition education per school year. Sponsor: Rep. Cartwright, Matt [D-PA-8]
• R.5288 Teaching Engaged Citizenship Act of 2021 Sponsor: Rep. Scanlon, Mary Gay [D-PA-5]

NSBA Update

NSBA, AASA Issue Joint Statement Calling for End to Threats and Violence Around Safe School Opening Decisions

In response to increasingly tense public forums and online discussions related to safe school openings amid the enduring COVID-19 pandemic, NSBA issued a joint statement on Wednesday with AASA, The School Superintendents Association, calling for an end to threats and violence targeting school board members and school district superintendents.

“As the COVID-19 pandemic continues to impact everyone, we are concerned with the increasing reports of our members—school superintendents and school board members—who are working to ensure a safe reopening of schools while addressing threats and violence and being undermined by those who do not agree with their school guidelines for COVID-19 best practices,” the statement reads. “School leaders across the country are facing threats because they are simply trying to follow the health and scientific safety guidance issued by federal, state, and local health policy experts.”

The statement includes quotes from NSBA President Dr. Viola M. Garcia, NSBA interim Executive Director and CEO Chip Slaven, AASA President Paul Imhoff, and AASA Executive Director Daniel A. Domenech.

September 17, 2021 (Archive)

Congressional Update

Democratic Reconciliation Package Continues to Take Shape Amid Looming Fiscal Deadlines

Last week the Democratic lawmakers in the House formally began efforts to advance a $3.5 trillion domestic spending package via a special legislative process known as budget reconciliation. Congressional Democrats hope to enact this package, modeled off of President Biden's "Build Back Better" agenda, using the budget reconciliation process-a move that allows lawmakers to pass certain legislation via simple majorities in both chambers of Congress. On Friday, September 10, the House Education and Labor Committee approved its portion of this legislation, voting along party lines 28-22 to advance their slice of the bill out of committee.

The committee's proposal, which envisions $82 billion in K-12 school infrastructure funding among other NSBA legislative priorities, now goes back to the House Budget committee where this, along with other components of the legislation, will be combined into one legislative package for a full chamber vote. This broader package will also include $4 billion, approved by the House Energy and Commerce Committee, to continue the Emergency Connectivity Fund. The full house chamber is expected to vote on this measure in coming weeks.

Once the legislation clears the House, the package will be transmitted to the Senate where its future is a bit more uncertain. House and Senate Democratic leadership are widely expected to continue negotiations over the contents and contours of the reconciliation package behind closed doors for the time being. Given the dynamics of the Democratic caucus in the Senate, it is likely that the topline figure of $3.5 trillion will be reduced in order to garner support from the moderate wing of the Democratic Party.

As these efforts continue, the federal fiscal year deadline of October 1 is fast approaching. Lawmakers will need to act before that date to pass regular funding legislation and avert a government shutdown. At present, Congress is widely expected to pass temporary stopgap funding legislation, known as a continuing resolution (CR), which would extend current funding levels for federal programs for a to-be-determined period of time while lawmakers continue to negotiate on full-year funding. Further complicating matters, however, is the need to raise the nation's borrowing limit. Known as the "debt ceiling," this allows the federal government to continue to borrow money to pay for expenses already incurred. At present, Senate Republicans are withholding their support for this action, arguing that Democrats should simply include the measure in their forthcoming reconciliation package. Should Congress fail to act, the federal government would be forced to default on its existing debt obligations which would have a catastrophic impact on the economy.

With time running short, lawmakers must find a pathway forward on each of these issues as both chambers are poised to formally reconvene next week for votes.

 Administration Update

 USED Approves Four More State ARP Plans

The American Rescue Plan (ARP), passed exclusively by Congressional Democrats earlier this year, authorized $122 billion in additional pandemic aid funding to be disbursed to K-12 schools this past spring. Since that time, the U.S. Department of Education (USED) has distributed two-thirds of this funding to states via a formula detailed in the legislation. The Department held back the remaining third of these funds, however, until states and territories submitted plans detailing how they would make use of these resources to support students as they recover from the impacts of the ongoing COVID-19 pandemic. On Monday, September 13, USED approved four more of these plans, sending these additional funds to the states receiving approval this week which include Idaho, Nevada, North Carolina, and Maine. Only 12 more ARP plans have yet to have their ARP plans approved. The current status of all state ARP plans, including highlights of plans approved by USED so far, can be found here.

 President Biden Unveils Hispanic and Latino Education Initiative

On Monday, September 13, President Biden signed an executive order establishing two panels to advise the Biden Administration and provide recommendations regarding how to better serve Hispanic and Latino student populations. According to the order, Latino students lag behind other groups in several important areas such as preschool enrollments and rates of high school graduation. The two panels-one focused on equity housed at the U.S. Department of Education along with a 22-member presidential commission-will examine these issues and provide recommendations and ongoing counsel and advice to President Biden and Secretary Cardona on how best to address them. Information regarding the membership of both panels is still forthcoming.

 Secretary Cardona Kicks off Return-to-School Road Trip

On Tuesday, September 14, the U.S. Department of Education (USED) announced that Secretary of Education Miguel Cardona would be starting a back-to-school bus tour beginning next week. The tour is intended to showcase how students, educators, and communities are returning for safe in-person K-12 instruction for the 2021-22 school year. More information about the road trip, including scheduled stops throughout the country, can be found here.

 Bills

• H.R.5255 - 117th Congress (2021-2022) To amend section 7014 of the Elementary and Secondary Education Act of 1965 to advance toward full Federal funding for impact aid, and for other purposes. Sponsor: Rep. Levin, Mike [D-CA-49]
• H.R.5252 - 117th Congress (2021-2022) To amend the Workforce Innovation and Opportunity Act to award competitive grants for the purpose of developing, offering, improving, and providing educational or career pathway programs for workers, to direct the Secretary of Education to establish a program that awards grants to State coalitions that build or expand career pathways programs in schools within the State, and to establish a program that awards grants to eligible agencies to carry out career pathways programs, and for other purposes. Sponsor: Rep. Harder, Josh [D-CA-10]
• H.R.5249 - 117th Congress (2021-2022) To amend the Richard B. Russell National School Lunch Act to establish a pilot program to provide selected States with an increased reimbursement for school lunches that are comprised of locally-grown foods, and for other purposes. Sponsor: Rep. Delgado, Antonio [D-NY-19]
• H.R.5223 - 117th Congress (2021-2022) School MEALS Act of 2021 Sponsor: Rep. Hayes, Jahana [D-CT-5]

• S.2737 - 117th Congress (2021-2022) A bill to amend the American History and Civics Education program under the Elementary and Secondary Education Act of 1965 to require inclusion of programs that educate students about the history and principles of the Constitution of the United States, including the Bill of Rights. Sponsor: Sen. Inhofe, Jim [R-OK]

• S.2730 - 117th Congress (2021-2022) A bill to direct the Secretary of Education to establish a pilot grant program to develop, implement, and evaluate comprehensive mental health services programs in elementary schools and secondary schools, and for other purposes. Sponsor: Sen. Padilla, Alex [D-CA]

September 10, 2021 (Archive)

Congressional Update

House Education Committee Advances Reconciliation Proposal

On Wednesday, September 8, the House Education and Labor Committee released the text of its portion of Congressional Democrats’ forthcoming budget reconciliation package. As a reminder, Congressional Democrats are working to enact a $3.5 trillion domestic spending package via the budget reconciliation process—a legislative maneuver that allows Democrats to advance certain legislation via simple majorities within both chambers. Congressional Democrats aim to use this forthcoming package to complement a narrower infrastructure package passed recently by the Senate. Until consideration of this wider $3.5 trillion bill is complete, House Democratic leaders have held off on consideration of the infrastructure bill. In this way, Congressional leaders hope to garner the necessary votes to advance both proposals later this fall.

The release of this reconciliation text is a significant next step in the wider legislative effort. Following the release of the text, the House Education and Labor Committee began a markup of this legislation where committee members considered nearly fifty proposed changes to the underlying legislative text. This markup is still ongoing and so far, the changes adopted by the committee have not significantly altered the main contours of the proposed legislation. If enacted, the bill would provide a number of investments in K-12 education, including $82 billion for K-12 school infrastructure, $197 million for “Grow Your Own” teacher preparation programs meant to increase teacher workforce diversity, $198 million for teacher residency programs, $198 million for school leadership programs, and $297 million for the Part D of the Individuals with Disabilities Education Act (IDEA).  In addition, the bill proposes significant new funding, by some estimates $450 billion, for universal pre-K and childcare subsidies for eligible families. Separate from the House Education and Labor Committee’s work on their portion of the reconciliation bill, the House Energy and Commerce Committee is also expected to consider and advance legislation that could potentially include additional funding for broadband connectivity efforts through the Emergency Connectivity Fund—another key NSBA legislative priority.

With the House committee’s work expected to wrap up next week, lawmakers on the House Budget Committee must next stitch these various proposals back together into a single legislative package for the full chamber’s consideration. Congressional Democratic leadership has set a nonbinding deadline of September 15 to complete this work. The reconciliation bill’s prospects in the Senate, however, remain opaque and it is unlikely that lawmakers in the upper chamber meet this deadline. Formal plans for consideration of the legislation have yet to be made public and it is widely expected that the Senate will move forward with a smaller overall reconciliation package, likely necessitating further reductions to the proposals contained in the version proposed by the House. As the budget reconciliation process moves forward, NSBA’s advocacy team will continue working to ensure the needs of the K-12 community are fully represented in a final legislative package.

Administration Update

White House Announces Additional COVID Measures  

On September 9, the Biden Administration released A Path Out of the Pandemic a sweeping new set of policies to require many Americans who have not yet been vaccinated against COVID-19 to receive a COVID-19 vaccination. In addition to a new vaccine requirement for all federal employees and contractors, the Department of Labor has been instructed to develop a rule through the Occupational Safety and Health Administration (OSHA) requiring any private employer with 100 or more employees to require vaccination against COVID-19 or require employees who will not get vaccinated to test at least weekly. The rule is expected to include fines of up to $14,000 per employee for employers that do not comply with the new requirements. It is anticipated that the states that have OSHA plans in place will also be required to include public school teachers in those requirements, though details are still forthcoming and it is not clear how the rule will account for those states that have passed state laws forbidding vaccination requirements. Additional details are expected once the rule has been made public; a number of Republican governors have already signaled that they plan to fight the new requirements in court.

Department of Education Announces New COVID-19 Grant Program for Districts

On Thursday, September 9, Department of Education announced the launch of a new grant program “to provide additional funding to school districts that have funds withheld by their state or are otherwise financially penalized for implementing strategies to prevent the spread of COVID-19 consistent with the Centers for Disease Control and Prevention (CDC) guidance, such as universal indoor masking”.  The grant program, Project SAFE (Supporting America's Families and Educators), anticipates using funding from Title IV, Part F, School Safety National Activities, of the Every Student Succeeds Act.  Per the Department, school districts are eligible to apply for the grants to restore funds withheld by the state, which includes pay cuts for school board members and superintendents due to the district’s implementation of COVID-19 safety measures like mask requirements.  The amount of funding available through Title IV has not been disclosed by the Department and the process to apply has not yet been made available.

NSBA Update

NSBA Statement on Biden’s Plan to Stop the Delta Variant and Boost COVID-19 Vaccinations

In response to President Joe Biden’s announced new policies on vaccination and testing to keep schools and the economy open, NSBA interim Executive Director and CEO Chip Slaven released a statement praising the path forward. “President Biden’s plan to provide support—financial and otherwise—will allow school board members to make the necessary decisions to keep students and school staff safe,” Slaven said.

Additionally, Slaven encouraged the public to support their local school board members. “For their hard work, school board members, superintendents, principals, teachers, and others who work in service to our students are being subjected to online and in-person threats, abuse, and harassment,” he said. “This must stop.” The statement urges the country to put aside partisan differences and come together to defeat the virus.
New Resources from NSBA’s Center for Public Education

The Center for Public Education (CPE) developed a new research brief titled "How States Implement Hold-Harmless Provisions in 2020 and 2021.” As a result of the COVID-19 pandemic, school districts across the country are experiencing a decrease in student enrollment while states face reduced revenues and budget deficits. Hold-harmless provisions in state aid formulas, which restrict declines in revenues for school districts, may lessen the financial blow to districts that would otherwise lose money. This research brief examines the role of hold-harmless provisions and investigates which states are implementing them.

In a new blog post, CPE analyzes data sources in health and education at all levels of government to provide a national picture on vaccines, face masks, and instructional models during the 2021-22 school year.   

August 27, 2021 (Archive)

Congressional Update

House Advances Budget Reconciliation Framework

Earlier this week, House lawmakers returned briefly from their annual August recess to formally consider and vote on a rule outlining how House leadership intends to advance several critical pieces of legislation by the end of September. This effort is part of Congressional Democrats’ “two-track” legislative strategy which intentionally links the $550 billion Senate-approved Infrastructure Investment and Jobs Act (IIJA) along with a much larger $3.5 trillion budget framework. This framework, known as a budget resolution, unlocks a legislative process, known as reconciliation, that allows Congress to pass certain legislation by simple majorities in both chambers. Through the reconciliation process, Congressional Democrats hope to include additional Democratic priorities including childcare, universal pre-K, free community college, and K-12 facilities infrastructure among other priorities currently under consideration.

Prior to the vote, a group of 10 Democratic moderates led by Rep. Gottheimer (D-NJ) had been withholding their support for advancing these bills in this fashion, insisting that the House first take up and consider the IIJA, before moving on to the wider reconciliation process. However, a larger group of Democrats opposed this approach given that moving the IIJA before a reconciliation package would leave little incentive for moderates in both the House and the Senate to support Democrats’ wider aspirations with the $3.5 trillion budget package. By linking the two proposals in this way, Congressional Democratic leadership intends to garner the votes necessary to pass both of these bills in both Chambers in the weeks ahead. By Tuesday, Democratic Congressional leadership and this group of moderates found agreement, augmenting the underlying legislative rule to include a non-binding commitment to vote on the IIJA no later than September 27. With this agreement in hand, the House cleared this procedural hurdle by a party-line vote of 220-212 Tuesday morning.

With this step in the process complete, the reconciliation process in the House formally begins, with committees in both chambers now ostensibly working on legislation conforming to the proposed $3.5 trillion budget framework. As these efforts move forward, NSBA’s advocacy team will continue to impress upon lawmakers the significant infrastructure and connectivity needs of the K-12 community.

Administration Update

FCC Announces New ECF Funding Availability

On Wednesday, August 25, the Federal Communications Commission (FCC) announced that it had received $5.14 billion in funding requests from the first round of applications which would support 9.1 million internet-capable devices and 5.4 million broadband connections. These funds are part of the Emergency Connectivity Fund (ECF)—a program that was created by the American Rescue Plan, providing $7.2 billion in funding to eligible schools and libraries to purchase broadband plans and devices for students, school staff, and library patrons. As part of this announcement, the FCC has committed to opening a second application filing window to give schools and libraries the opportunity to apply for the remaining funds. This window will be open from September 28 to October 13. More information on this announcement can be found here.

USED Reaffirms IDEA Guidance

On Tuesday, August 24, the U.S. Department of Education’s (USED) Office of Special Education and Rehabilitative Services (OSERS) issued a letter to state and local stakeholders reiterating its commitment to ensuring that all learners with disabilities, including children and families, have access to high-quality educational experiences and relevant early interventions. The letter builds on guidance previously issued by the OSERS, regarding the appropriate implementation of Part B of the Individuals with Disabilities Act (IDEA) as schools and districts begin the 2021-22 school year. This guidance, in the form of an FAQ, can be found here.

USED Approves Three More State ARP Plans

The American Rescue Plan (ARP), passed exclusively by Congressional Democrats, authorized $122 billion in additional pandemic aid funding to K-12 schools this past spring. Since that time, the U.S. Department of Education (USED) distributed two-thirds of this funding to states via a formula detailed in the legislation. However, the Department held back the remaining third of these funds until states and territories submitted plans detailing how they would make use of these resources to support students as they recover from the impacts of the ongoing COVID-19 pandemic. On Friday, August 27, the Department approved three more of these plans, disbursing these additional funds to those states. States receiving approval this week include Alaska, Connecticut, and Illinois. The most current status of all state ARP plans, including highlights of plans approved by USED so far, can be found here.

August 20, 2021 (Archive)

Congressional Update

Congress Remains on Recess

After a flurry of activity last week in the Senate, legislative action on Capitol Hill has been relatively quiet this week as both chambers of Congress remain on recess. In anticipation of the House’s early return from its annual August holiday, Speaker Nancy Pelosi (D-CA) recently instructed the House Rules Committee to begin work crafting a rule that will allow votes to commence next week on a bipartisan infrastructure package, recently approved by the Senate, along with a budget resolution advancing Congressional Democrats’ separate efforts to pass a sizeable amount of President Biden’s Build Back Better agenda. By linking both proposals together in this way, Congressional Democratic Leadership aims to garner the votes needed to pass these bills in both chambers in the weeks ahead.

As this process unfolds, NSBA’s advocacy team will continue to work to ensure that lawmakers appreciate the significant infrastructure needs of the K-12 community.

Administration Update

USED Announces Civil Rights Data Collection

Late last week, the U.S. Department of Education (USED) announced in a letter to school superintendents that it will move forward with the normally biannual Civil Rights Data Collection (CRDC) for the coming 2021-22 school year. This would mark the first time that USED’s Office of Civil Rights (OCR) has conducted this critically important data collection over consecutive years. The Department hopes that the newly added data collection will “. . . advance equity at a time when the nation’s educational landscape has been impacted by the COVID-19 pandemic and schools are receiving substantial new federal funding to address new and longstanding challenges.” A press release from the Department, detailing these changes, can be found here.

President Biden Directs USED to Push Back on State Anti-Mask Mandates

On Wednesday, August 18, President Biden issued a memo directing U.S. Secretary of Education Miguel Cardona to “use all available tools” at his Department’s disposal to ensure a return to safe, in-person K-12 instruction for the upcoming 2021-22 school year. The directive comes amid a wave of Republican-led states imposing new laws or regulations preventing school districts and institutions from implementing mask mandates—a key COVID-19 mitigation strategy. "As I’ve said before, if you aren’t going to fight COVID-19, at least get out of the way of everyone else who is trying . . . we're not going to sit by as governors try to block and intimidate educators protecting our children," Biden said during an address on Wednesday.

Department of Education to Host Webinar on Safely Returning to In-Person Instruction
The U.S. Department of Education is hosting a webinar series to support educational settings in safely sustaining or returning to in-person instruction. The series features lessons learned and best practices from faculty, staff, schools, districts, institutions of higher education, early childhood education providers, and other places of educational instruction describing approaches to operating during the COVID-19 pandemic. The next webinar, Returning to School: Strategies for Reengaging PreK-12 Students, scheduled for Wednesday, August 25, 2021, from 3:00-4:15pm ET.  Following brief presentation by the federal agencies, field-based practitioners will share strategies they have found effective to reengage students, including special populations, through outreach and sustained connections.  You must register to participate.

August 13, 2021 (Archive)

Congressional Update

Senate Advances Infrastructure Package(s)

The Senate has been uncharacteristically busy the past week, as lawmakers in the chamber formally considered and passed the Infrastructure Investment and Jobs Act (IIJA) by a margin of 69-30 on Tuesday, August 10. The bipartisan legislation would, if enacted, provide $550 billion in new funding for physical infrastructure projects throughout the nation such as roads, bridges, and transit. Notably for the K-12 education community, the legislation proposes $65 billion for broadband connectivity efforts, $5 billion for electric buses, $500 million for competitive grants to make energy efficiency improvements within schools, and $200 million for lead abatement efforts at K-12 facilities.

The IIJA can best be understood as the first step in a wider two-step legislative process. Because Congressional Republicans would only engage on “traditional” physical infrastructure legislation like the IIJA, Congressional Democrats intend to pass a much larger infrastructure bill separately. This bill would likely include a wider array of Democratic priorities such as dedicated K-12 school infrastructure funding, additional broadband funding, and universal pre-K among a slew of other priorities. Significantly, House Democratic leaders have made clear that passage of the IIJA is dependent on Senate passage of this larger bill. Linking the two legislative proposals in this manner helps to ensure that there is enough support in both chambers and caucuses to pass both in the coming weeks and months ahead. At the same time, however, this strategy means the IIJA will not be immediately considered by the House, at least for the time being.

Following the passage of the IIJA in the Senate, Democrats in the chamber quickly pivoted to the second step of their legislative strategy with the consideration of the federal fiscal year 2022 (FY22) budget resolution—a move that begins the legislative process known as budget reconciliation allowing certain legislation to be passed by simple majorities in both chambers (and thus circumventing a likely Republican filibuster in the chamber). The budget reconciliation process is how Congressional Democratic leadership intend to pass the remainder of the priorities contained in President Biden’s American Jobs and Families plans as part of this forthcoming larger bill.

Early Wednesday morning, August 11, the Senate passed this FY22 budget resolution along party lines. This legislation provides a set of high-level instructions to committees in both the House and the Senate to begin crafting legislation aligned to the text of this resolution. Through this resolution, lawmakers have set a September 15 deadline to draft the text of this underlying bill as part of the committee process. At the same time, Senate Democrats circulated a memo detailing the specific policies that they would like to address as part of this effort. While the Senate has now formally recessed for the rest of August, leadership in the House announced that they will return to Washington, D.C. on August 23 to formally vote on the budget resolution to keep the wider process moving forward.

As these efforts continue to unfold, NSBA was joined by other educational stakeholder groups calling on lawmakers to appropriate at least $130 billion in dedicated school infrastructure funding as part of the forthcoming reconciliation package. NSBA’s advocacy team will continue to remain engaged throughout this process to ensure lawmakers appreciate the substantial infrastructure needs of the K-12 community.

Administration Update

President Biden Nominates Head of OCTAE

On Tuesday, August 10, President Biden formally nominated Amy Loyd to serve as the U.S. Department of Education’s Office of Career, Adult, and Technical Education’s (OCTAE) next assistant secretary. Loyd was previously serving as the Deputy Assistant Secretary for Policy and Strategic Initiatives for the office. Among other responsibilities, OCTAE is tasked with overseeing and administering the implementation of federal career and technical education (CTE) legislation. More information on the announcement can be found here.

USED Approves Six More State ARP Plans

The American Rescue Plan (ARP), passed exclusively by Congressional Democrats, authorized $122 billion in additional pandemic aid funding to K-12 schools this past spring. Since that time, the

U.S. Department of Education (USED) distributed two-thirds of this funding to states via a formula detailed in the legislation. However, the Department held back the remaining third of these funds until states and territories submitted plans detailing how they would make use of these resources to support students as they recover from the impacts of the ongoing COVID-19 pandemic. On Thursday, August 12, the Department approved six more of these plans, disbursing these additional funds to those states. States receiving approval this week include Alabama, Indiana, Kentucky, New Jersey, North Dakota, and South Carolina. In total, 27 state ARP plans have now been approved. The most current status of all state ARP plans, including highlights of plans approved by USED so far, can be found here.

Discretionary Grants

USED published notice on a discretionary grant program for the Office of Elementary and Secondary Education:

• “Impact Aid Discretionary Construction Grant Program” – The Impact Aid Discretionary Construction Grant Program provides funding to LEAs for repairs and modernization of school facilities. These school districts are limited in raising funds for improvements due to large areas of federal land in their area. When emergency repairs are identified, it can be difficult for these districts to respond. The estimated available funds for this program total $17,400,000. Applications are due by September 13, 2021, and further information is available here.

Bills

• 2711 A bill to amend the Higher Education Act of 1965 and the Elementary and Secondary Education Act of 1965 to provide rules of construction that nothing in those Acts requires the use, teaching, promotion, or recommendation of any academic discipline, program, or activity that holds that the United States is a Nation founded on white supremacy and oppression, or that these forces are at the root of American society. Sponsor: Sen. Lee, Mike [R-UT]
• 2682 A bill to amend title III of division H of the Consolidated Appropriations Act, 2021 to prohibit the expenditure of funds on divisive concepts under the priorities noticed in the proposed rule submitted by the Department of Education relating to Proposed Priorities-American History and Civics Education. Sponsor: Sen. Rubio, Marco [R-FL]
• R.4983 To prohibit elementary schools, secondary schools, and institutions of higher education that receive Federal funding from mandating COVID-19 vaccinations, and for other purposes. Sponsor: Rep. Van Duyne, Beth [R-TX-24]

August 6, 2021 (Archive)

Congressional Update

Senate on the Cusp of Passing First Infrastructure Package

Last week, a bipartisan group of Senators announced that they had reached agreement on a Bipartisan Infrastructure Framework (BIF) after a months-long negotiation. Late Sunday night, August 1, text of the Infrastructure Investment and Jobs Act (IIJA) was released reflecting several changes to this agreement prior to its formal introduction in the upper chamber. If enacted, the proposal would invest roughly $550 billion in physical infrastructure projects such as roads, bridges, and waterways, including $65 billion for broadband connectivity and affordability and $5 billion for electric buses. Since that time, the Senate has moved forward with the legislation with uncharacteristic speed, advancing the legislation past a key procedural hurdle Monday and with senators filing hundreds of amendments this week. While it remains unclear precisely how many amendments will be formally considered and receive a vote from the full chamber, the IIJA is widely expected to pass the Senate, largely in its current form.

The IIJA, however, can best be understood as “Track One” of Congressional Democrats’ “Two track” legislative strategy regarding infrastructure. Track two of this effort revolves around the passage of the federal fiscal year 2022 (FY22) budget resolution which is expected to be taken up by the Senate directly after the IIJA. In order to get full Democratic caucus support for the IIJA, Congressional leaders have separately agreed to move forward with a much larger infrastructure package containing Congressional Democrats’ wider proposals, as expressed in President Biden’s American Jobs and Families Plans (including billions in new funding for school infrastructure among other features of these plans). Passage of an FY22 budget resolution in the Senate will kick off the budget reconciliation process—a legislative maneuver that allows certain legislation to be passed in the Senate via a simple majority. As these intertwined processes unfold in the coming weeks, NSBA’s advocacy team will remain engaged to ensure lawmakers appreciate the substantial infrastructure needs of the K-12 community.

Senate HELP Splits Over Civil Rights Nominee

On Tuesday, August 3, the Senate Health, Education, Labor, and Pensions (HELP) Committee remained evenly divided, 11-11, over the nomination of Catherine Lhamon to lead the U.S. Department of Education’s (USED) Office for Civil Rights (OCR). Lhamon previously held this position under President Obama and oversaw a controversial overhaul of Title IX regulations, which many Senate Republicans vehemently disagreed with. Due to the Senate’s composition, which is evenly divided between Democrats and Republicans, Lhamon’s nomination will still move forward for full consideration by the Senate. However, a date for a formal Senate vote on her nomination has yet to be set.

Administration Update

USED Releases Return to School Roadmap

On Monday, August 2, the U.S. Department of Education (USED) released a “Return to School Roadmap” (Roadmap) to facilitate the return to safe, in-person instruction at K-12 schools for the upcoming school year. The roadmap is a collection of various resources aimed at schools, families, and communities to assist with their planning and to provide actionable suggestions for how best to make use of funding from the American Rescue Plan (ARP)—a pandemic aid package passed solely by Congressional Democrats which provided $122 billion in additional funding for K-12 schools. More about this release can be found here.

U.S. Department of Education Announces Additional Resources for ESSER Implementation 

On August 6, the U.S. Department of Education (ED) announced that it is providing more resources to help states and school districts fulfill maintenance of equity (MOEquity) requirements for ESSER funding appropriated under the American Rescue Plan (ARP).

ED has updated the MOEquity guidance it published in June to address additional concerns that states and school districts are encountering as they work to obligate ESSER funding. The update addresses the specific areas detailed below.

• Which funding sources must an SEA include when determining whether it maintained fiscal equity for high-need LEAs and highest-poverty LEAs?
• Do the State funding sources for MOEquity differ from the funding sources for MOE?
• Which funding sources must an LEA include when determining its per-pupil funding for the purposes of maintaining fiscal equity?
• Are any LEAs exempt from the MOEquity requirements?
• What enrollment data may an SEA rely on when determining its per-pupil amount of funding for high-need LEAs and highest-poverty LEAs?
• What enrollment data may an LEA rely on when determining its per-pupil amount of funding for high poverty schools?
• A “Certification of Exception from Local Maintenance of Equity Requirements” for school districts with student enrollments less than 1,000, those that operate a single school, those educating all students within each grade span within a single school, and those impacted by uncontrollable circumstances as determined by ED.

More information is available online at https://oese.ed.gov/offices/american-rescue-plan/american-rescue-plan-elementary-and-secondary-school-emergency-relief/maintenance-of-equity/.

USED Approves More State ARP Plans

Following the American Rescue Plan’s (ARP) passage earlier this spring, the U.S. Department of Education (USED) distributed two-thirds of this funding to states via a prescribed formula. USED held back the remainder of these funds until states and territories submitted plans detailing how they would make use of these resources to support students as they recover from the impacts of the ongoing COVID-19 pandemic. On Thursday, August 5, the Department approved five more of these plans, releasing these additional funds to those states. States receiving approval this week include Hawaii, Montana, New Hampshire, New York, and Pennsylvania. The most current status of all state ARP plans, including highlights of plans already approved, can be found here.

Discretionary Grants

USED published a notice on one discretionary grant program for the Office of Postsecondary Education:

• “Postsecondary Programs for Students with Intellectual Disabilities – National Technical Assistance and Dissemination Center Program” – The Postsecondary Programs for Students with Intellectual Disabilities – National Technical Assistance and Dissemination Center provides funding to improve postsecondary education for students with intellectual disabilities through technical assistance centers that can disseminate research and best practices for institutions of higher education. The estimated available funds for this program total $1,980,000. Applications are due by September 7, 2021, and further information is available here.

USED published a notice on one discretionary grant program for the Office of Special Education and Rehabilitative Services:

• “Technical Assistance and Dissemination to Improve Services and Results for Children with Disabilities and Technical Assistance on State Data Collection – National Assessment Center” – This program seeks to “promote academic achievement and to improve results for children with disabilities by providing TA, supporting model demonstration projects, disseminating useful information, and implementing activities that are supported by scientifically based research.” The State Data Collection technical assistance works to improve data collection and reporting requirements focused on the Individuals with Disabilities Education Act. The estimated available funds for this program total $1,750,000; for IDEA Section 663 the funds total $1,000,000; and for IDEA section 616(i) the funds total $750,000. Applications are due by September 7, 2021, and further information is available here.

Bills

• R.4923 To prohibit Federal funding for educational agencies and schools whose students do not read certain foundational texts of the United States and are not able to recite those texts or that teach that those texts are products of white supremacy or racism. Sponsor: Rep. Smith, Jason [R-MO-8]
• R.4904 To provide for emergency operational cost reimbursements for child nutrition programs for certain additional months, and for other purposes. Sponsor: Rep. Adams, Alma S. [D-NC-12]

July 30, 2021 (Archive)

Congressional Update

House Passes FY22 Education Funding Bill

On Thursday, July 29, the House of Representatives passed an over $600 billion spending package to fund the federal government and related programs for the coming 2022 fiscal year (FY22) set to begin October 1, 2021. The spending measure includes seven of the required 12 spending bills that together compose the federal budget, including the Labor-HHS-ED bill which provides funding for the U.S. Department of Education (USED) and the programs that it oversees. The so-called “minibus” spending bill was passed largely by party lines within the chamber on a margin of 219-208 and would provide $102.8 billion for USED—a 41 percent increase over current funding levels for the Department. Over 200 separate amendments were considered during the debate of the bill, but none substantially changed the funding levels approved earlier this month by the House Appropriations Committee. If enacted, the measure would significantly increase funding for critically important programs such as Title I-A of the Every Student Succeeds Act (ESSA), the Individuals With Disabilities Education Act (IDEA), and a slew of other federal education programs.

Despite this new development, the Senate has not yet advanced any of the necessary FY22 spending measures. As the FY22 deadline of October 1 approaches, the likelihood of a stopgap measure to extend current funding levels for a short period of time (known as a continuing resolution) increases. NSBA’s advocacy team will continue to engage with lawmakers in both chambers as FY22 funding continues to take shape in order to ensure a robust investment in the K-12 community.

Senators Announce Deal on Narrow Infrastructure Package

On Wednesday, July 28, a bipartisan group of Senators announced that they had reached agreement on a Bipartisan Infrastructure Framework (BIF)—a legislative proposal that would invest nearly $550 billion in physical infrastructure projects such as roads, bridges, waterways, and broadband connectivity. While the legislation does not include dedicated funding for school infrastructure projects it would, if enacted, invest approximately $65 billion in funding for broadband projects and $2.5 billion for the development and deployment of electric buses. The same day the agreement was unveiled, the Senate voted 67 to 32 to move forward with an affirmative procedural vote advancing the proposal for further consideration in the chamber.

Congressional Democrats, in the meantime, remain committed to a wider “two-track” legislative strategy whereby the BIF would be passed with bipartisan support while a much larger $3.5 trillion infrastructure proposal, containing many other Democratic priorities such as school infrastructure, childcare, and other priorities, would be passed via a separate budget reconciliation process. As these processes unfold in the coming weeks, NSBA’s advocacy team will remain engaged to ensure lawmakers appreciate the substantial infrastructure needs of the K-12 community.

House Holds Hearing on Nutrition Programs

Also on Wednesday, July 28, the House Education and Labor Subcommittee on Civil Rights and Human Services held a hearing titled “Food for Thought: Examining Federal Nutrition Programs for Young Children and Infants.” Witnesses provided a range of recommendations for how to improve federal nutrition programs including updating technology, simplifying the paperwork burden for providers and parents, removing outdated requirements, expanding the number of meals that are allowed to be provided/reimbursed, and increasing the reimbursable rate among other suggestions. A recording of the hearing, including witness testimony, can be found here.

Administration Update

USED Releases Additional Funding for Students Experiencing Homelessness

On Wednesday, July 28, USED announced the disbursement of $600 million in funding from the American Rescue Plan for the Homeless Children and Youth Program (ARP-HCY). These funds follow USED’s approval of state applications for this funding in order to be used ahead of the coming school year to identify children and youth experiencing homelessness and providing support services to enable them to participate fully in schooling. In a statement, NSBA interim Executive Director and CEO Chip Slaven praised the $600 million as “vitally important funds,” noting that many of the approximately 1.3 million homeless students disappeared from classrooms—both online and in person—during the pandemic.

CDC Releases New Guidance on Masks in Schools

On July 27, the Centers for Disease Control and Prevention (CDC) updated its guidance on masks, recommending that all teachers, staff, students, and visitors wear masks inside school buildings, regardless of their vaccination status. According to the CDC, 63.4% of U.S. counties had transmission rates high enough to warrant indoor masking and should immediately resume the policy. NSBA said that the updated guidance provided “much-needed clarity.”

Discretionary Grants

USED published one notice for a discretionary grant program within the Office of Elementary and Secondary Education:

• “Education Innovation and Research (EIR) Program – Early-Phase Grants” – The EIR program is authorized under ESEA and promotes innovation to improve student achievement among high-need students. The early-phase grants are used to fund the “development, implementation, and feasibility testing” of a program, to determine if the program would be successful in improving student performance. The estimated available funds for this program total $180,000,000. The applications for the early-phase grants are due by August 27, 2021 and further information is available here.

Bills

• R.4764 To prohibit the teaching of critical race theory in schools operated by the Department of Defense Education Activity, and for other purposes. Sponsor: Rep. Hartzler, Vicky [R-MO-4]
• R.4751 To amend the Department of Education Organization Act and the Higher Education Act of 1965 to require publication of information relating to religious exemptions to the requirements of title IX of the Education Amendments of 1972, and for other purposes. Sponsor: Rep. Clark, Katherine M. [D-MA-5]
• R.4745 To establish a program to make grants to institutions of higher education to provide courses relating to critical legacy computer languages, and for other purposes. Sponsor: Rep. Cartwright, Matt [D-PA-8]
• R.4727 To provide for loan forgiveness for STEM teachers, and for other purposes. Sponsor: Rep. Swalwell, Eric [D-CA-15]
• R.4724 To amend the Higher Education Act of 1965 to provide for a percentage of student loan forgiveness for public service employment, and for other purposes. Sponsor: Rep. Swalwell, Eric [D-CA-15]
• R.4723 To amend the Higher Education Act of 1965 to expand eligibility for public service student loan forgiveness to certain contractor employees of national laboratories. Sponsor: Rep. Swalwell, Eric [D-CA-15]
• R.4667 To provide for temporary emergency impact aid for local educational agencies. Sponsor: Rep. Rice, Kathleen M. [D-NY-4]
• 2478 A bill to amend the Higher Education Act of 1965 to provide for a percentage of student loan forgiveness for public service employment, and for other purposes. Sponsor: Sen. Blumenthal, Richard [D-CT]
• 2470 A bill to prohibit Federal funding for educational agencies and schools whose students do not read certain foundational texts of the United States and are not able to recite those texts or that teach that those texts are products of white supremacy or racism. Sponsor: Sen. Hawley, Josh [R-MO]
• 848 Consider Teachers Act of 2021 Sponsor: Sen. Braun, Mike [R-IN]

July 23, 2021 (Archive)

Congressional Update

Congress Moves Forward on Infrastructure

Since the spring, negotiations between Congress and the Biden Administration regarding potential significant new investments in the nation’s infrastructure have been ongoing and quite fluid. For the most part, Republican lawmakers have only been willing to consider legislative proposals focused on “traditional” physical infrastructure. On the other side of the aisle, most Democrats favor a much more holistic approach, inclusive of investments in “human infrastructure” such as education, childcare, and workforce development. As a result, Democratic leaders in the House and the Senate have prioritized a “two-track” approach for passing both of these priorities by the end of the year. At present, lawmakers are nearing agreement on a bipartisan bill focused narrowly on physical infrastructure, supported by a bipartisan group of over 20 Senators. At the same time, Senate Democrats have recently announced a separate $3.5 trillion proposal that would purportedly include many other Democratic priorities noted above and which would be advanced solely using Democratic votes in both chambers via a separate budget “reconciliation” legislative process.

Specific details on what would be included in this larger package are still forthcoming. While that effort continues, Senate Majority Leader Chuck Schumer (D-NY) moved forward on a separate track this this week by scheduling a procedural vote on the narrower, bipartisan infrastructure package yet to be introduced in the chamber. Although this vote ultimately failed, the effort helped illustrate that the sides are nearing an agreement on this narrower package. Both Democratic and Republican Senators emerged after the vote committed to finalizing and advancing this package sometime next week. As these infrastructure efforts continue, NSBA’s advocacy team will continue to impress upon lawmakers the significant broadband, school construction, and other needs of the K-12 community—especially within the wider package currently under consideration on a separate legislative track.

Legislation to Expand Homework Gap Funding Introduced

Senator Ed Markey and Rep. Grace Meng introduced legislation to extend funding to help close the Homework Gap. The Securing Universal Communications Connectivity to Ensure Students Succeed (SUCCESS) Act would provide $8 billion in annual funding between fiscal years 2022 and 2026 to the Emergency Connectivity Fund , a $7.17 billion program launched under the American Rescue Plan meant to help get students online. NSBA is one of several organizations supporting this legislation.

Administration Update

USED Approves More State ARP Plans

This past March, Congressional Democrats passed the American Rescue Plan (ARP) which provided $122 billion in pandemic relief funding for the K-12 community. After the ARP’s passage, the U.S. Department of Education (USED) distributed two-thirds of this funding to states via a prescribed formula. The Department held back the remainder of these new resources until states and territories submitted plans detailing how these funds would be spent to help learners cope with and recover from the COVID-19 pandemic. Once a state plan is approved by USED, the remainder of that state’s funding is released for use. On Thursday, July 22, USED announced that it had approved a new group of five state plans that meet the requirements of the American Rescue Plan (ARP). These states included Delaware, Georgia, Iowa, Kansas, and New Mexico taking the number of approved state plans for this funding to 17 in total. More information regarding these plans, including those that are still pending review, can be found here.

Senate HELP Committee Advances Some Nominees, Not Others

On Wednesday, July 21, the Senate Health, Education, Labor, and Pensions (HELP) Committee held a hearing to vote on the nominations of several recent appointments made by President Biden, including several positions at USED. These nominees included Catherine Lhamon to be Assistant Secretary for Civil Rights, Elizabeth Brown to be General Counsel, and Roberto Rodriguez to be Assistant Secretary for Planning, Evaluation, and Policy Development at the Department. At the hearing, lawmakers advanced Brown and Rodriguez’s nominations out of the committee by voice vote—a key next step before the full Senate must vote on their nominations before they are formally approved.

Llhamon’s nomination along with one other, however, was not considered by the committee Wednesday, ostensibly due to scheduling conflicts. Llhamon previously led USED’s Office of Civil Rights under former President Obama, where she oversaw the development and implementation of a controversial regulatory update to Title IX—an effort that many Republicans on the HELP Committee, including Ranking Member Richard Burr (R-NC) opposed. Inaction on Llhamon’s nomination this week is widely speculated to be related to this opposition as, without Republican support, her nomination will not be able to move forward. As for Rodriguez and Brown, their nominations will be considered by the full Senate sometime in the future although a formal vote has not yet been scheduled.

USED Releases Updated Title IX Guidance

On Tuesday, July 20, USED published a new Questions and Answers document providing additional guidance regarding the implementation of Title IX requirements meant to prevent discrimination on the basis of one’s gender. The guidance document clarifies key concepts and terminology to aid schools and institution’s as they implement current Title IX policies. These clarifications were seen as necessary as the Department undertakes a wider review of these policies, developed under the former Administration, which significantly changed the underlying regulatory framework updated by President Obama’s Administration.

USED Guidance on Improving Ventilation in Schools, Colleges, and Universities to Prevent COVID-19

The U.S. Department of Education (ED) has compiled information from the Centers for Disease Control and Prevention (CDC) and the Environmental Protection Agency (EPA) to outline ways that schools can use ESSER funds to improve ventilation/ air quality.  This guidance addresses the use of portable carbon dioxide monitors, ways to improve airflow in school buildings, use of exhaust fans, and more.

Discretionary Grants

USED published notices on two discretionary grant programs for the Office of Elementary and Secondary Education:

• “American History and Civics Education National Activities Program” – The American History and Civics Education National Activities Program is authorized under ESEA and promotes evidence-based strategies to “encourage innovative American history, civics and government, and geography instruction, learning strategies, and professional development activities and programs” - focusing specifically on programs or activities students from low-income backgrounds and underserved populations. The estimated available funds for this program total $2,150,000. Applications are due by August 18, 2021, and further information is available here.
• “American History and Civics Education – Presidential and Congressional Academies for American History and Civics” – The Academies created under this program provide workshops for educators focused on American history, civics, and government education and Academies for high school students, to enrich their understanding of these particular subjects. The estimated available funds for this program total $1,700,000. Applications are due by August 18, 2021, and further information is available here.

Bills

• H.R.4533 To amend the General Education Provisions Act to allow the release of education records to facilitate the award of a recognized postsecondary credential. Sponsor: Rep. Neguse, Joe [D-CO-2]
• S.2410 A bill to address and take action to prevent bullying and harassment of students. Sponsor: Sen. Casey, Bob [D-PA]
• S.2399 A bill to provide Federal student loan relief for teachers who work in a military impacted community. Sponsor: Sen. Peters, Gary [D-MI]
• S.2379 A bill to amend the General Education Provisions Act to allow the release of education records to facilitate the award of a recognized postsecondary credential. Sponsor: Sen. Warner, Mark [D-VA]
• S.2447 A bill to amend the American Rescue Plan Act of 2021 to provide additional funding for E-rate support for emergency educational connections and devices, and for other purposes. Sponsor: Sen. Markey, Edward [D-MA] 
• H.R.4663 To amend the American Rescue Plan Act of 2021 to provide additional funding for E-rate support for emergency educational connections and devices, and for other purposes.  Sponsor: Rep. Meng, Grace [D-NY-6]

July 16, 2021 (Archive)

Congressional Update

House Appropriations Committee Advances FY22 Education Spending Bill
On Monday, July 12, the House Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Agencies (Labor-HHS-ED) unveiled appropriations legislation to fund the U.S. Department of Education (USED) and other related agencies for the upcoming 2022 federal fiscal year (FY22). That same day, the panel marked up and approved the proposal by voice vote without adopting any amendments. On Thursday, July 15, the full House Appropriations Committee considered the legislation and approved the measure along party lines by a margin of 33-25. During the markup, no education-related amendments were adopted prior to passage. If enacted, the legislation would provide an historic 41 percent increase in funding for USED and the programs it oversees. This would include nearly doubling the size of Title I state grants as part of the Elementary and Secondary Education Act (ESEA) and significantly increasing funding for the Individuals with Disabilities Act (IDEA) among many other programs that would potentially see a boost in investment from this bill. An archived webcast of the markup, including the committee’s report, can be found here.

With the Appropriations Committee’s work now complete in the House, the measure moves on to the full House to be further considered and voted on. It is widely expected that this bill will be voted on sometime during the week of July 26 as part of a “minibus” legislative package stitching together other discretionary spending bills already advanced by the House Appropriations Committee. However, comparable appropriations activity has not yet started in the Senate. With a limited number of legislative days left on Congress’ calendar, the likelihood of a temporary stop-gap funding bill, known as a continuing resolution, continues to increase should the House and Senate fail to come to an agreement regarding FY22 spending prior to October 1, 2021.

Congressional Democrats Announce Infrastructure Deal

The Biden Administration and Congress have been negotiating over a potential bipartisan infrastructure deal focused narrowly on “traditional” physical infrastructure. While these talks have continued without a clear resolution, Congressional Democrats have been busy working on a separate proposal that would include many more of the party’s priorities such as funding for schools and childcare. Earlier this week, Democratic Leadership in the Senate announced that they had reached agreement on a topline figure of $3.5 trillion for this proposal. Setting this budget number unlocks additional legislative powers in the Senate, known as reconciliation, that would empower Senate Democrats to pass certain legislation with simple majorities and allowing them to avoid a likely Republican filibuster. Additional details regarding what will be included in this package have not yet been released and Senate leadership has indicated that a procedural vote is scheduled for next week—the next step in this effort.

Administration Update

USED Approves Five More State ARP Plans

Earlier this year, USED distributed two-thirds of the over $122 billion Congressional Democrats appropriated for the K-12 community in response to the COVID-19 pandemic. The remainder of these funds was held back until states and territories submitted and received federal approval detailing how these new resources would be spent to safely reopen for in-person instruction and meet the wider needs of students. On Thursday, July 15, USED announced that it had approved a new group of five state plans to meet the requirements of the American Rescue Plan (ARP). These states included Ohio, Oklahoma, Oregon, Tennessee, and West Virginia taking the total number of approved state plans for this funding to 12. More information regarding these plans, including those that are still pending review, can be found here.

Senate HELP Committee Considers Biden USED Nominees

On Tuesday, July 13, the Senate Health, Education, Labor, and Pensions (HELP) Committee held a hearing to consider the nominations of several recent appointments made by President Biden for key posts at USED. These nominees included Catherine Lhamon to be Assistant Secretary for Civil Rights, Elizabeth Brown to be General Counsel, and Roberto Rodriguez to be Assistant Secretary for Planning, Evaluation, and Policy Development at the Department. A video recording of the hearing, including testimony from the nominees, can be found here. Next week the HELP committee is expected to formally vote on these and other nominations.

Discretionary Grants

USED published notice on a discretionary grant program for the Office of Elementary and Secondary Education:

• “American Rescue Plan – American Indian Resilience in Education (ARP-AIRE)” – The American Rescue Plan – American Indian Resilience in Education program provides funds to support services for Indian children and youth. These projects must include an activity that is authorized under section 6121(c) of the Elementary and Secondary Education Act of 1965. The estimated available funds for three years total $19,800,000 – the average size of awards is $400,000 for each 12-month budget period. Applications are due by September 13, 2021, and further information is available here.

USED published notice on a discretionary grant program for the Offices of Elementary and Secondary Education and Special Education and Rehabilitative Services:

• “National Comprehensive Center on Improving Literacy for Students with Disabilities” – The National Comprehensive Center on Improving Literacy for Students with Disabilities grant program will focus on developing “evidence-based literacy assessment tools and professional development activities” and identifying “evidence-based instruction, strategies, and accommodations for students at risk of not attaining full literacy skills due to a disability.” The estimated available funds for this program total $1,475,000 in year one and $1,500,000 in years two through five. Applications are due by September 1, 2021, and further information is available here.

USED published notice on a discretionary grant program for the Office of Elementary and Secondary Education:

• “Innovative Approaches to Literacy Program” – Grant funds for the Innovative Approaches to Literacy Program are used to support programs that are created to improve literacy skills for students in high-need LEAs and schools, with a particular focus on low-income communities and students of all ages, from birth through grade 12. Funds for this program must also be used for school library programs, which includes funds for professional development for school librarians and ensuring up-to-date materials are in high-need schools. The estimated available funds for this program total $25,000,000. Applications are due by August 11, 2021, and further information is available here.

Bills

• H.R.4409 To amend the Elementary and Secondary Education Act of 1965 to improve diversity in accelerated student learning programs. Sponsor: Rep. Cohen, Steve [D-TN-9]
• H.R.4403 To provide subsidized summer and year-round employment for youth who face systemic barriers to employment and viable career options and to assist local community partnerships in improving high school graduation and youth employment rates, and for other purposes. Sponsor: Rep. Scott, Robert C. "Bobby" [D-VA-3]
• H.R.4402 To address and take action to prevent bullying and harassment of students. Sponsor: Rep. Sanchez, Linda T. [D-CA-38]
• H.R.4389 To increase cybersecurity education and job growth, and for other purposes. Sponsor: Rep. Lieu, Ted [D-CA-33]
• H.R.4379 To amend the Richard B. Russell National School Lunch Act to require the Secretary of Agriculture to make loan guarantees and grants to finance certain improvements to school lunch facilities, to train school food service personnel, and for other purposes. Sponsor: Rep. DeSaulnier, Mark [D-CA-11]

July 9, 2021 (Archive)

Congressional Update

Congress Returns Next Week to a Busy Schedule

Both the House and the Senate remained on a short July 4 recess this week, with both chambers scheduled to return to the Capitol over the next two weeks. When lawmakers return, they will have roughly 30 legislative days to determine how to pass legislation to fund the entire federal budget, including the U.S. Department of Education and the programs it administers, past September 30—when the next federal fiscal year (FY22) is set to begin and when current funding is set to expire. The House is scheduled to take the next step in this process next Monday, July 12, when the Appropriations Subcommittee on Labor, Health and Human Services, and Education will hold its markup of a bill providing funding for the U.S. Department of Education (USED) and other related federal agencies and programs. Text of the bill, including detailed program funding levels, is expected to be released Sunday, July 11, and the markup can be livestreamed here.

Additionally, Congress and the Biden Administration have continued tenuous negotiations over a potential investment in the nation’s aging infrastructure. These talks have yet to produce formal legislation and are expected to be a main priority for Congress as they return next week.

Aside from funding, lawmakers in the Senate will be considering a slate of several U.S. Department of Education nominees next week including Catherine Lhamon who, if confirmed, would serve as Assistant Secretary for Civil Rights, Roberto Rodriguez who would serve as Assistant Secretary for Planning, Evaluation, and Policy Development, and Elizabeth Brown to be General Counsel. This hearing will be livestreamed here and is set to take place July 13. USED has also recently announced several new appointments made at the agency, which can be found here.

Administration Update

USED Announces New Funding Opportunity for Homeless Students

The recently passed American Rescue Plan (ARP), Congressional Democrats’ pandemic aid package which provided over $122 billion in additional funding for the K-12 education community, provides an additional $800 million for homeless students. Known as the Homeless Children and Youth Fund, USED distributed $200 million of this funding earlier this year to help states and local communities meet the unique and challenging needs of students experiencing homelessness. The remaining $600 million was made available on Tuesday, July 6, to states and local school districts in anticipation of the upcoming 2021-22 school year. More information on this announcement, including how to apply, can be found here.

USED Approves Several State ARP Plans

On Wednesday, July 7, USED announced that it had approved the first seven state plans to meet the requirements of the American Rescue Plan (ARP). Earlier this year, USED distributed two-thirds of the over $122 billion Congressional Democrats appropriated for the K-12 community, with the remainder of funds held back until states and territories submitted and received federal approval detailing how these funds would be spent to safely reopen for in-person instruction and meet the wider needs of students. USED has formally approved state plans for Arkansas, the District of Columbia, Massachusetts, Rhode Island, South Dakota, Texas, and Utah. Forty state plans remain for review and potential approval by USED to access the remainder of their individually allocated funding under the ARP. More information on this process can be found here.

CDC Releases Updated Guidance for K-12 Schools

Today the Centers for Disease Control and Prevention released updated Guidance for COVID-19 Prevention in Kindergarten (K)-12 Schools. The updated guidance focuses on helping administrators in K-12 schools, along with state and local health officials, safely support in-person learning as well as sports and other extracurricular activities. The updates are based on the latest science and emphasize the COVID-19 prevention strategies most important for K-12 schools to support in-person learning.

June 25, 2021 (Archive)

Congressional Update

Lawmakers Reach Tentative Infrastructure Deal, Path Forward Remains Murky

A bipartisan group of 21 Senators continued to meet this week to discuss and negotiate potential investments in the nation’s infrastructure. Late Wednesday night, June 23, this group of Senators announced with much fanfare that they had reached agreement on a $953 billion proposal focused exclusively on “traditional” physical infrastructure. Significantly, the proposed framework does not include funding for school infrastructure or other “nontraditional” infrastructure investments many Congressional Democrats had hoped to include. The next morning this group of Senators was invited to the White House to meet with President Biden to further discuss this deal. Following this meeting, President Biden appeared publicly with the group of 21 Senators to announce that they had agreed to the proposal.

Yet as news of the deal began to circulate, additional complications arose. Speaker Nancy Pelosi (D-CA), while supportive of the proposal, announced that she would not allow the bipartisan deal to be considered unless the Senate passed a separate proposal inclusive of many Democratic priorities, including funding for K-12 school infrastructure. At the same time, Senators Moran (R-KS) and Graham (R-SC), both part of the group of 21 Senators who negotiated the framework, announced that they would oppose the deal that they had just helped strike if Democrats moved forward with plans to pass additional infrastructure investments, not included in this framework, via the reconciliation process. As opposition from both parties grew, Senate Minority Leader Mitch McConnell announced late Thursday night that “. . . we need to keep talking here”—an indication that there may not be enough support in Congress to pass this framework.

It remains unclear what will eventually happen with this most recent proposal. As these negotiations unfold, NSBA’s advocacy team will continue to ensure that lawmakers in both parties fully appreciate the significant infrastructure needs of the K-12 community as part of any investment in the nation’s infrastructure.

Secretary Cardona Testifies in the House

On Thursday, June 24, U.S. Secretary of Education Miguel Cardona testified before the House Education and Labor Committee on the priorities of his department for the upcoming 2022 federal fiscal year (FY22). A great deal of committee members’ questions during the hearing focused on the issue of “Critical Race Theory” and the appropriate role the U.S. Department of Education (USED) should play as this issue gains more attention. Cardona was also questioned extensively regarding USED’s recent notice of interpretation on Title IX, clarifying that transgender students are protected under this law. The hearing also explored a host of other, less controversial issues, including Career and Technical Education (CTE), state efforts to implement pandemic aid dollars for education, and other priorities contained in USED’s FY22 budget. A link to a recording of the hearing, including testimony from Secretary Cardona, can be found here.

Bipartisan Legislation to Address Teacher Shortages Reintroduced

This week U.S. Senators Tim Kaine and Susan Collins, who serve on the Senate Health, Education, Labor, and Pensions (HELP) Committee, reintroduced the Preparing and Retaining Education Professionals (PREP) Act to address teacher and principal shortages, particularly in rural communities, and to increase teacher diversity. NSBA and other national education groups have supported this legislation, urging that it be included in the next reauthorization of the Higher Education Act, which includes provisions for teacher preparation programs. The PREP Act would expand the definition of “high need” districts under the Every Student Succeeds Act (ESSA) to include schools experiencing teacher shortages in rural communities as well as in areas of special education, English language, science, technology, engineering, math, and career and technical education (CTE), in order to give schools access to additional support. It would also encourage school districts to create partnerships, including Grow Your Own programs, with local community colleges and universities to ensure their programs are educating future teachers in areas where there is a shortage of educators. The bill would increase access to teacher and school leader residency programs and preparation training. Further, it would require states to identify areas of teacher or school leader shortages by subject across public schools and use that data to target their efforts.

Administration Update

USED Hosts Equity Summit

On Tuesday, June 22, the USED hosted the first installment of its Equity Summit Series. Dubbed “Building Equitable Learning Environments in Our Schools,” the event featured First Lady Jill Biden, U.S. Secretary of Education Miguel Cardona, and Deputy Education Secretary Cindy Marten. The convening explored strategies for advancing equity as part of school reopening efforts and how the Biden Administration’s proposed FY22 budget and previous investments made via the American Rescue Plan can help promote this work.

Discretionary Grants

• “Expanding Opportunity through Quality Charter Schools Program (CSP) – Grants for Credit Enhancement for Charter School Facilities” – This program seeks to provide grant opportunities for entities, focused on acquiring, constructing, and renovating facilities through innovative methods. The estimated available funds for this discretionary grant program total $43,000,000, contingent upon the availability of funds and quality of applications. Applications are due by July 23, 2021, and further information is available here.

Bills

• H.R.4108 — 117th Congress (2021-2022) To amend the Richard B. Russell National School Lunch Act to establish a pilot grant program to make grants to school food authorities to provide 100 percent plant-based food and milk options, and for other purposes. Sponsor: Rep. Velazquez, Nydia M. [D-NY-7]
• H.R.4097 — 117th Congress (2021-2022) To support educational entities in fully implementing title IX and reducing and preventing sex discrimination in all areas of education, and for other purposes. Sponsor: Rep. Matsui, Doris O. [D-CA-6]
• H.R.4076 — 117th Congress (2021-2022) To amend the Carl D. Perkins Career and Technical Education Act of 2006 to give the Department of Education the authority to award competitive grants to eligible entities to establish, expand, or support school-based mentoring programs to assist at-risk students in middle school and high school in developing cognitive and social-emotional skills to prepare them for success in high school, postsecondary education, and the workforce. Sponsor: Rep. Schakowsky, Janice D. [D-IL-9]
• H.R.4053 — 117th Congress (2021-2022) To provide Federal student loan relief for teachers who work in a military impacted community. Sponsor: Rep. Jackson, Ronny [R-TX-13]
• H.R.4011 — 117th Congress (2021-2022) To divert Federal funding away from supporting the presence of police in schools and toward evidence-based and trauma informed services that address the needs of marginalized students and improve academic outcomes, and for other purposes. Sponsor: Rep. Pressley, Ayanna [D-MA-7]
• H.R.4005 — 117th Congress (2021-2022) To direct the Director of the Cybersecurity and Infrastructure Security Agency to establish a School Cybersecurity Improvement Program, and for other purposes. Sponsor: Rep. Matsui, Doris O. [D-CA-6]
• S.2198 — 117th Congress (2021-2022) A bill to amend the Carl D. Perkins Career and Technical Education Act of 2006 to give the Department of Education the authority to award competitive grants to eligible entities to establish, expand, or support school-based mentoring programs to assist at-risk students in middle school and high school in developing cognitive and social-emotional skills to prepare them for success in high school, postsecondary education, and the workforce. Sponsor: Sen. Durbin, Richard J. [D-IL]
• S.2186 — 117th Congress (2021-2022) A bill to support educational entities in fully implementing title IX and reducing and preventing sex discrimination in all areas of education, and for other purposes. Sponsor: Sen. Hirono, Mazie K. [D-HI]
• S.2136 — 117th Congress (2021-2022) A bill to amend the Public Health Service Act to provide for the implementation of curricula for training students, teachers, parents, and school and youth development personnel to understand, recognize, prevent, and respond to signs of human trafficking and exploitation in children and youth, and for other purposes. Sponsor: Sen. Murkowski, Lisa [R-AK]
• S.2125 — 117th Congress (2021-2022) A bill to divert Federal funding away from supporting the presence of police in schools and toward evidence-based and trauma informed services that address the needs of marginalized students and improve academic outcomes, and for other purposes. Sponsor: Sen. Murphy, Christopher [D-CT]

June 18, 2021 (Archive)

Congressional Update

House Budget Committee Kicks-off FY22 Funding Cycle

After delays throughout the year, budget and appropriations activity started in earnest in the House this week. On Monday, June 14, House Budget Chairman John Yarmuth (D-KY) filed a “deeming resolution” to establish a topline figure for funding the federal government, along with related programs, for the upcoming 2022 federal fiscal year (FY22). This measure was later approved by the chamber and allows appropriators in the chamber to begin to craft the 12 individual spending bills that compose the discretionary side of the federal budget. The topline figure—about $1.5 trillion— is slightly below President Biden’s budget request due to technical adjustments related to changes in mandatory federal spending.

More recently, House Democrats have unveiled an ambitious markup schedule for the coming month, aiming to prepare all 12 bills for consideration by the full House by mid-July. At present, the Labor-HHS-ED appropriations bill—legislation that provides funding for the U.S. Department of Education and the programs it oversees—is scheduled for July 7. Progress on appropriations has been far slower in the Senate and it remains unclear when the upper legislative chamber will commence work on comparable legislation to fund federal operations for the upcoming fiscal year, set to begin October 1, 2021.

Infrastructure Talks Drag on Without a Clear Path Forward

Lawmakers from both parties and both legislative chambers continue to debate potential investments in the nation’s infrastructure. Most recently, a bipartisan group of 21 Senators, led by Senators Sinema (D-AZ) and Portman (R-OH), has begun to coalesce around a high-level “framework” for a potential infrastructure deal. The group, composed of nearly equal amounts of Democrats and Republicans, is currently attempting to develop a nearly $1 trillion infrastructure package—a topline figure slightly above a proposal offered by another group of Senators earlier this month. However, the framework lacks detail. A list of 11 mechanisms to finance the legislation, including repurposing previously appropriated pandemic aid dollars and simply expanding the eligible uses of existing pandemic aid funding, has been floated, but many of these proposals have already been rejected by the Biden Administration and many Congressional Democrats.

As these talks continue, Secretary of Education Miguel Cardona sent a memo to the White House outlining the immense infrastructure needs of K-12 schools across the nation after visiting many since his confirmation. Although a resolution on infrastructure remains unclear at this time, NSBA’s advocacy team will continue to impress upon lawmakers in both parties the significant infrastructure needs of the K-12 community as part of any investment in the nation’s infrastructure.

Senate Examines Biden Administration’s FY22 Budget

On Wednesday, June 16, the Senate Appropriations Subcommittee on Labor, Health and Human Services, Education and Related Agencies (Labor-HHS-ED) held a hearing examining President Biden’s FY22 budget proposal for the U.S. Department of Education. Secretary Cardona testified before the committee arguing that the administration’s proposed budget is a bold effort to address chronic underinvestment in K-12 education and would address significant inequities facing far too many of the nation’s learners. Much of the day’s discussion focused on the administration’s proposed “Title I Equity Grants” which, if enacted, would direct $20 billion in new funding to local education agencies based on a new formula different from the one used in Title I of the Elementary and Secondary Education Act. In addition, several other issues were explored at length, including the ongoing implementation of the American Rescue Plan’s K-12 funds and efforts to reopen schools. Cardona’s full testimony can be found here.

Administration Update

USED Releases Tranche of ESSER Plans

The American Rescue Plan (ARP), passed earlier this year, provided nearly $122 billion in additional aid to K-12 schools via the existing Elementary and Secondary School Emergency Relief (ESSER) fund. These funds were intended to help schools weather the effects of the pandemic and facilitate the safe reopening of K-12 facilities for in-person instruction. About two-thirds of this funding ($81 billion) was sent to states this past April, with the remainder to be delivered after states submitted plans for how the funds would be used.

On Monday, June 14, USED released plans for 28 states, including the District of Columbia, as the Department reviews and later approves them. Although the statutory deadline for these plans was June 7, USED has extended limited flexibilities to the remaining states that have yet to submit an ESSER plan. The Department anticipates that the remaining plans will be submitted for consideration on a rolling basis in the weeks ahead. Once approved, a related letter along with the remaining funding will be released to states for further use. More information regarding the plans can be found here.

FCC’s Emergency Connectivity Fund Goes Live at the End of June

On Tuesday, June 15, the Federal Communications Commission (FCC) announced that eligible schools and libraries may begin to apply for a slice of the $7.2 billion Emergency Connectivity Fund (ECF) on June 29. Authorized by the American Rescue Plan, the ECF provides funding to schools and libraries to purchase broadband plans and devices for students, school staff, and library patrons. The initial application period will last 45 days, ending August 13, and may be used for “reasonable costs associated with eligible equipment and services” purchased between July 1, 2021 and June 30, 2022. More information on the announcement, including how to apply for funding, can be found here. In related news, the National Telecommunications and Information Administration released a new publicly available map displaying key indicators of broadband need throughout the nation.

USED Clarifies Title IX Interpretation

On Wednesday, June 16, the U.S. Department of Education’s Office of Civil Rights (OCR) issued a notice of interpretation clarifying that it intends to enforce Title IX of the Education Amendments of 1972’s prohibition on discrimination on the basis of sex to include protections from discrimination based on an individual’s sexual orientation or gender identity. OCR’s announcement is based on a recent Supreme Court ruling, Bostock v. Clayton County, which determined that discrimination on the basis of sexual orientation or gender identity is inherently discriminatory against a person based on sex.

Biden Administration Continues to Staff Key Education Roles

Late last week, the U.S. Department of Education (USED) announced a series of new appointees to fill key roles within the Department. Around the same time, President Biden announced his intention to nominate Sandra Bruce to be the next Inspector General for USED. In addition, Gwen Graham, who President Biden recently nominated to be Assistant Secretary for Legislation and Congressional Affairs at USED, was advanced by the Senate Health, Education, Labor, and Pensions (HELP) Committee on Wednesday for full consideration by the chamber at a later date. While a full vote has not yet been scheduled on her nomination, she is expected to be confirmed in the near future.

Bills

• H.R.3943 — 117th Congress (2021-2022) To establish a commission to make recommendations for modernizing Federal financing of early care and education programs. Sponsor: Rep. Owens, Burgess [R-UT-4]
• H.R.3871 — 117th Congress (2021-2022) To authorize the Secretary of Education to provide grants for education programs on the history of the treatment of Italian Americans during World War II. Sponsor: Rep. Lofgren, Zoe [D-CA-19]
• H.R.3870 — 117th Congress (2021-2022) To amend the Higher Education Act of 1965 to include teacher preparation for computer science in elementary and secondary education. Sponsor: Rep. Kilmer, Derek [D-WA-6]
• H.R.3855 — 117th Congress (2021-2022) To amend the Student Support and Academic Enrichment Grant program to promote career awareness in accounting as part of a well-rounded STEM educational experience. Sponsor: Rep. Stevens, Haley M. [D-MI-11]

June 11, 2021 (Archive)

Congressional Update

House Education Committee Explores Child Nutrition Reauthorization

Yesterday, June 10, the House Education and Labor’s Subcommittee on Civil Rights and Human Services held a hearing titled, “Ending Child Hunger: Priorities for Child Nutrition Reauthorization.” Lawmakers on the panel explored several issues related to the School Breakfast and National School Lunch programs among other nutrition programs aimed at children and students. This hearing was especially timely considering the pandemic, which necessitated significant, if temporary, changes to these programs in order for them to continue to meet the needs of students. Witnesses included representatives from Chicago Public Schools, a nonprofit focused on childhood hunger, a childhood nutrition advocate, and a celebrity chef. An archived webcast of the event, including witness testimony, can be viewed here.

Infrastructure Talks Continue

As previously shared the past few weeks, lawmakers in Congress and the Biden Administration continue to negotiate on a potential investment in the nation’s infrastructure. Last week, President Biden ended talks with Senator Capito (R-WV) after both sides failed to find common ground on a proposal. More recently, a bipartisan group of ten Senators announced that they have reached agreement on a different infrastructure package. However, details regarding this proposal have been scarce and the topline figure—just shy of $1 trillion—remains short of President Biden’s goal of at least that amount in “new spending” rather than repurposing existing federal resources. This has been a recurrent issue throughout the infrastructure debate, with Democrats favoring a larger investment and Republicans favoring a narrower approach.

With time running out before the long summer recess in August, it remains unclear how or when these talks will be resolved.

Administration Update

USED Publishes “Maintenance of Equity” Guidance

On Wednesday, June 9, the U.S. Department of Education (USED) published new guidance providing important details for states and local school districts regarding the implementation of so-called “Maintenance of Equity” (MOEq) provisions contained in the recently passed American Rescue Plan (ARP). This provision is intended to prevent states and school districts from disproportionally reducing funding to the highest poverty school districts and schools. The guidance, in the form of an FAQ, explains how districts and states should go about implementing various aspects of the MOEq provision, including how to appropriately calculate poverty levels and ensure wider compliance with both the spirit and intent of the law. In addition, USED also published a new report exploring the disparate impacts of the pandemic on students and also announced an upcoming summit, open to the public, focused on related equity issues.

Bills

• H.R.3797 — 117th Congress (2021-2022) To amend section 2202 of the American Rescue Plan Act of 2021 to authorize States to expand the uses of the child care stabilization funds to include support to improve and increase the availability of safe child care facilities, and for other purposes. Sponsor: Rep. Spartz, Victoria [R-IN-5]

• H.R.3789 — 117th Congress (2021-2022) To authorize the Secretary of Education to make grants to eligible schools to assist such schools to discontinue use of a derogatory or discriminatory name or depiction as a team name, mascot, or nickname, and for other purposes. Sponsor: Rep. Pallone, Frank, Jr. [D-NJ-6]

• H.R.3767 — 117th Congress (2021-2022) To establish an Educational Equity Challenge Grant program administered by the Department of Education. Sponsor: Rep. Hayes, Jahana [D-CT-5]

• H.R.3704 — 117th Congress (2021-2022) To have education funds follow the student. Sponsor: Rep. Good, Bob [R-VA-5]

NSBA Update

NSBAC Releases National Public Opinion Poll on Education: On Tuesday, at the first session of the Advocacy Institute, NSBAC released the results to the national poll it conducted on public schools. You can access the poll by going directly to the NSBAC website at https://nsbac.org The findings are from a nationwide survey of 1,000 likely 2022 voters with oversamples of 100 African American, 100 Latinx, 100 AAPI, 100 Native American, and 100 parents of school-age children who are likely 2022 voters. The poll results are available to the public. The bipartisan poll was conducted by Lake Research Partners and Chesapeake Beach Consulting.

Some highlights include:

• Voters continue to value the job public schools are doing in their community with 55 percent rating them positively.
• Learning loss among students due to the COVID-19 pandemic is a key priority, with 88 percent saying it is a problem, including 65 percent who say it is a “very big” problem.
• 89 percent of Democrats, 73 percent of Republicans, and 70 percent of independents view easier access to technology and broadband as important. The largest obstacle for public school districts, named by 66 percent of voters as challenging, was having quality broadband and internet access at home to attend school online.
• 59 percent of voters think funding for public schools should be increased. Of those who believe it should be increased, 86 percent would support an increase in funding even if it meant they would pay more in taxes.
• 61 percent of voters say it is better to allocate funds to improving public education and schools, compared to only 18 percent who support vouchers to pay for students to attend private or religiously affiliated schools.
• 74 percent say a lack of personalized learning focused on individual needs is a problem.

June 4, 2021 (Archive)

Congressional Update

Infrastructure Negotiations Continue with No Clear Resolution

Since the release of President Biden’s full fiscal year (FY) 2022 budget request last week, attention has returned back to the most hotly debated issue over the past few months—investments in the nation’s infrastructure. Earlier in the year, President Biden released two interrelated infrastructure proposals, totaling nearly $4 trillion, and known respectively as the American Jobs and Families Plans. These proposals outline the President’s ambitious vision for infrastructure investments, including $100 billion for the construction and upgrading of K-12 school facilities.

Following the release of these proposals, President Biden and Democratic Congressional leaders have sought to garner Congressional Republicans’ support for this priority. Negotiations over a potential infrastructure package have largely been spearheaded by President Biden who has engaged a revolving cast of Senators whose support will be needed to pass this proposal via the regular legislative process. However, both sides continue to remain far apart on key issues including the appropriate size of the investment, what should (or should not) be included within an infrastructure package, and how to pay for these proposals.

These differences, however, have yet to be overcome. Both sides remain about $750 billion apart in their respective visions for an infrastructure package and, equally as important, remain bitterly divided over how to pay for the proposal. As these talks continue without resolution, the likelihood that Congressional Democrats make use of budget reconciliation—a legislative mechanism that would allow lawmakers to pass legislation by a simple majority in the Senate—increases substantially. Using budget reconciliation would allow Congressional Democrats to advance a version of President Biden’s infrastructure proposals without Republican support. However, all 50 members of the Democratic majority in the Senate would need to agree on such an approach. This week, President Biden continued one-on-one negotiations with Senator Capito (R-WV) who has been representing Senate Republicans in some of these negotiations. These talks have, at least so far, have not resolved any of these key differences between the two parties.

As these efforts continue, NSBA’s advocacy team will continue to impress upon lawmakers the substantial infrastructure needs of the K-12 community.

Next Week: House Education Subcommittee to hold Child Nutrition Hearing

Next Thursday, June 10, the House Education and Labor’s Subcommittee on Civil Rights and Human Services will hold a hearing titled, “Ending Child Hunger: Priorities for Child Nutrition Reauthorization.” Lawmakers are expected to explore issues related to childhood nutrition programs as they consider making updates to these programs in the wake of the COVID-19 pandemic. Witnesses have not yet been announced. The hearing will be livestreamed here.

Administration Update

USED Publishes Report on Student Home Connectivity

Earlier this week, the U.S. Department of Education’s (USED) Office of Education Technology published a new report titled, “Keeping Students Connected and Learning: Strategies for Deploying School District Wireless Networks as a Sustainable Solution to Connect Students at Home.” The report examines strategies school districts can consider when deploying off-campus wireless networks to ensure more students have access to the internet. The brief explores six district’s experiences in undertaking this work and provides several best practice recommendations for school districts to consider. A related webinar exploring the findings of this brief will be held next week. Registration information for the event can be found here.

USED Seeks Information on School Discipline

Earlier today, June 4, the U.S. Department of Education’s (USED) Office of Civil Rights (OCR) issued a request for information, seeking written input from the public on the administration of school discipline in K-12 schools. This information is intended to inform OCR’s future efforts to provide policy guidance and technical assistance to help schools improve school climate and safety while ensuring equitable access to education programs and activities. This request comes in the context of earlier OCR data collections showing persistent disparities in the use of exclusionary discipline among students of color. More information on the request can be found here.

Bills

• H.R.3661 To amend the Elementary and Secondary Education Act of 1965 and the Omnibus Crime Control and Safe Streets Act of 1968 to require silent alarms in elementary schools and secondary schools, and for other purposes. Sponsor: Rep. Gottheimer, Josh [D-NJ-5]
• H.R.3636 To amend the Individuals with Disabilities Education Act to clarify that the term "child with a disability" includes a child who needs special education and related services due to a health impairment resulting from Lyme disease or another tick-borne disease. Sponsor: Rep. Smith, Christopher H. [R-NJ-4]
• H.R.3615 To require the Secretary of Health and Human Services to monitor compliance with the requirements of the American Rescue Plan relating to the uses of funds for child care. Sponsor: Rep. Miller-Meeks, Mariannette [R-IA-2]
• H.R.3602 To authorize the Secretary of Education to carry out a program to increase access to prekindergarten through grade 12 computer science education. Sponsor: Rep. Lee, Barbara [D-CA-13]
• H.R.3572 To increase the recruitment and retention of school-based mental health services providers by low-income local educational agencies. Sponsor: Rep. Chu, Judy [D-CA-27]

May 28, 2021 (Archive)

Congressional Update

President Biden Releases Full FY22 Budget Request

Earlier today, May 27, President Biden released his widely anticipated budget request to Congress. In an unusual move, the request included both the President’s desired budget for federal fiscal year (FY) 2022 as well as details regarding the administration’s previously announced American Families and Jobs Plans—proposals that outline the administration’s infrastructure priorities beyond the proposed federal government’s FY22 budget. The budget request provided significant new details regarding the Biden administration’s spending priorities, particularly regarding K-12 education.

Specifically, President Biden’s FY22 budget proposes $102.8 billion for the U.S. Department of Education’s (USED) discretionary budget. This requested amount is a 41 percent increase over current funding levels or $29.8 billion total. President Biden’s budget request also includes $20 billion in new funding for Title I of the Every Student Succeeds Act (ESSA) via the creation of a new “Title I Equity” grant program—above and beyond current funding levels proposed for the remainder of Title I. In addition to this specific proposal, the administration’s budget request also includes a proposed $50 billion in additional mandatory spending investment in the nation’s K-12 infrastructure over five years. Outside of the K-12 education space, the administration is also proposing a new $100 billion investment intended to increase broadband access over ten years.

The release of this more detailed version of the Biden Administration’s FY22 budget, further increases pressure on Congress to begin the formal budget and appropriations process. As this effort continues to take shape, NSBA’s advocacy team will continue to work with lawmakers to ensure adequate investments are made in the nation’s K-12 education systems and schools.

Administration Update

USED Updates Guidance for K-12 ARP Funding

On Wednesday, May 26, the U.S. Department of Education’s (USED) Office of Elementary and Secondary Education (OESE) released an updated FAQ providing guidance to states, school districts, and schools for how they may make use of funding provided by the American Rescue Plan (ARP). The guidance sheds new light on a wide array of issues including explicitly outlining the roles and responsibilities for each eligible recipient of this funding. Additional guidance documents and resources from USED and OESE can be found here.

President Biden Nominates General Counsel for Education Department

President Biden announced his intent to nominate Lisa Brown to be the next General Counsel for the U.S. Department of Education (USED). Brown was most recently the Vice President and General Counsel for Georgetown University and has also served in various roles for the Obama Administration. U.S. Secretary of Education Miguel Cardona issued a statement following the announcement, expressing his support for Brown. The Senate must still consider and approve Brown’s nomination sometime in the future, although a date has not yet been set.

Bills

• H.R.3549 To direct the Secretary of Education to establish a pilot grant program to develop, implement, and evaluate comprehensive mental health services programs in elementary schools and secondary schools, and for other purposes. Sponsor: Rep. Trone, David J. [D-MD-6]
• H.R.3545 To amend section 2202 of the American Rescue Plan Act of 2021 to authorize States to expand the uses of the child care stabilization funds to include support for the creation or enhancement of family child care networks designed to increase, or to improve the quality of, child care provided by family child care providers; and for other purposes. Sponsor: Rep. Stefanik, Elise M. [R-NY-21]
• H.R.3519 To amend the Richard B. Russell National School Lunch Act to establish a permanent, nationwide electronic benefits transfer program for children during school closures, and for other purposes. Sponsor: Rep. Levin, Mike [D-CA-49]
• H.R.3483 To establish a grant program in the Bureau of Consumer Financial Protection to fund the establishment of centers of excellence to support research, development and planning, implementation, and evaluation of effective programs in financial literacy education for young people and families ages 8 through 24 years old, and for other purposes. Sponsor: Rep. Carson, Andre [D-IN-7]
• S.1858 A bill to prohibit and prevent seclusion, mechanical restraint, chemical restraint, and dangerous restraints that restrict breathing, and to prevent and reduce the use of physical restraint in schools, and for other purposes. Sponsor: Sen. Murphy, Christopher [D-CT]
• S.1841 A bill to amend the Public Health Service Act to revise and extend projects relating to children and to provide access to school-based comprehensive mental health programs. Sponsor: Sen. Smith, Tina [D-MN]
• S.1839 A bill to coordinate Federal research and development efforts focused on modernizing mathematics in STEM education through mathematical and statistical modeling, including data-driven and computational thinking, problem, project, and performance-based learning and assessment, interdisciplinary exploration, and career connections, and for other purposes. Sponsor: Sen. Hassan, Margaret Wood [D-NH]

• 1811 A bill to increase the recruitment and retention of school-based mental health services providers by low-income local educational agencies. Sponsor: Sen. Tester, Jon [D-MT]
• 1780 A bill to remove college cost as a barrier to every student having access to a well-prepared and diverse educator workforce, and for other purposes. Sponsor: Sen. Booker, Cory A. [D-NJ]

May 21, 2021 (Archive)

Congressional Update

Congress Continues to Mull Potential Infrastructure Investments

Congressional lawmakers spent much of the week considering the prospect of making significant new investments in the nation’s infrastructure. Infrastructure proposals from President Biden earlier this year— the American Families and Jobs plans—outlined an ambitious set of investments in a number of critical areas, including $100 billion for modernizing and expanding K-12 school facility infrastructure. While Democratic lawmakers in Congress have largely been supportive of these proposals, Republicans prefer a much narrower set of investments in the nation’s infrastructure. More recently, House Republican leaders announced plans to introduce a $400 billion infrastructure proposal focused exclusively on the nation’s transportation sectors. However, this proposal has yet to materialize. Lacking formal movement on this critical priority, Congressional Democrats have become increasingly frustrated regarding the lack of forward progress on infrastructure.

As both parties struggle to find consensus, the likelihood of Democrats moving forward without Republican support increases—a pathway made possible by a legislative mechanism known as reconciliation allowing them to move certain legislation through the Senate via a simple majority.

In an attempt to negotiate, late Friday afternoon the White House responded to Senator Shelly Moore Capito’s Senate Republican alternative on infrastructure with some changes to the President’s proposal to try and reach consensus. The new proposal would reduce the overall size of the Jobs Plan proposal for negotiation purposes by about $550 billion going from roughly $2.25 trillion in additional investment down to about $1.7 trillion. There was no mention of schools in the proposal, but they reduced broadband to $65 billion which is what Senator Capito suggested. If consensus is not reached and they decide to use budget reconciliation to pass a proposal, President Biden may go back to his original plan and numbers. As these discussions continue, NSBA will remain active advocates for robust investments in the nation’s K-12 schools and related infrastructure needs.

Senate Committee Examines Children’s Online Privacy

On Tuesday, May 18, the Senate Committee on Commerce, Science, and Transportation’s Subcommittee on Consumer Protection, Product Safety, and Data Security held a hearing titled “Protecting Kids Online: Internet Privacy and Manipulative Marketing.” The hearing explored issues related to children’s online safety and privacy, especially considering the widespread transition to remote learning due to the pandemic. Lawmakers also explored potential areas of improvement related to the Children’s Online Privacy Protection Act (COPPA), a key piece of legislation governing how operators of online services and websites collect and make use of personal information on children under the age of 13. Ahead of the hearing, Senators Markey (D-MA) and Cassidy (R-LA) introduced legislation (S.1628) that would expand COPPA to cover children ages 12-15. An archived webcast of the hearing, including witness testimony, can be found here.

House Education Committee Holds Hearing on Students Experiencing Homelessness

On Wednesday, May 19, the House Education and Labor Committee’s Subcommittee on Early Childhood, Elementary, and Secondary Education held a hearing exploring issues impacting students who are experiencing homelessness or are in foster care. Titled “Picking up the Pieces: Strengthening Connections with Students Experiencing Homelessness and Children in Foster Care,” the hearing focused on issues impacting the nearly 1.3 million students experiencing homelessness in the most recent school year. In particular, lawmakers focused on how recently passed pandemic aid packages could better serve this population of learners. More information, included an archived webcast and witness testimony, can be found here. NSBA supported a successful proposal that added $800 billion in funding in the American Rescue Plan targeted to assist homeless students during the pandemic.

Administration Update

House Republicans Call on USED to Change Grant Priorities

A group of Republican lawmakers on the House Education and Labor Committee, led by Ranking Member Virginia Foxx (R-NC), sent a letter to U.S. Secretary of Education Miguel Cardona calling on his Department to reverse course on proposed priorities for American History and Civics programs authorized by the Every Student Succeeds Act (ESSA). At issue are proposals related to the teaching of systemic racism and culturally responsive teaching and learning. This group of Republican lawmakers oppose these proposals, arguing that they “. . . violate prohibitions against the federal government’s involvement in local schools’ curriculum, advance racist and divisive ideologies, and advocate for false history and misinformation.” Comments on these proposed priorities were due Wednesday, May 19, and the Department is currently reviewing feedback from the public.

Bills

• H.R.3342 To establish a competitive grant program to support out-of-school-time youth workforce readiness programs, providing employability skills development, career exploration, employment readiness training, mentoring, work-based learning, and workforce opportunities for eligible youth. Sponsor: Rep. Harder, Josh [D-CA-10]
• H.R.1635 STOP II: Classrooms Over Conference Rooms Act Sponsor: Rep. Hudson, Richard [R-NC-8]
• H.R.3246 To award funds to States and local areas for subsidized employment programs for youth. Sponsor: Rep. Garcia, Jesus G. "Chuy" [D-IL-4]
• H.R.3230 To amend the Richard B. Russell National School Lunch Act to establish a program for the procurement of domestically grown unprocessed fruits and vegetables to provide healthier school meals, and for other purposes. Sponsor: Rep. Welch, Peter [D-VT-At Large]
• S.1696 A bill to establish a competitive grant program to support out-of-school-time youth workforce readiness programs, providing employability skills development, career exploration, employment readiness training, mentoring, work-based learning, and workforce opportunities for eligible youth. Sponsor: Sen. Smith, Tina [D-MN]
• S.1668 A bill to establish a competitive grant program to support the development, implementation, and evaluation of successful educator and school leader professional development programs on family engagement that will increase the capacity of educators and school leaders to work with families to develop and support the social-emotional learning of children. Sponsor: Sen. King, Angus [I-ME]

May 14, 2021 (Archive)

Congressional Update

Forthcoming Infrastructure Package Continues to Take Shape

Since the passage of the American Rescue Plan Act (P.L. 117-2), legislation that provided nearly $122 billion in additional funding for the K-12 community, President Biden has pivoted his administration to its next legislative priority— significant new investments in the nation’s infrastructure. President Biden’s infrastructure priorities, outlined in the American Families and Jobs plans and totaling nearly $4 trillion, must now be considered by Congress to advance further and be enacted into law. However, unlike the American Rescue Plan which was quickly considered and passed by Congress earlier this year, lawmakers in both chambers of Congress and from both parties have not approached the American Jobs and Families plans with a similar sense of urgency.

Working to nudge lawmakers closer towards consensus, President Biden hosted Democratic and Republican Congressional leaders for a series of discussions this week at the White House regarding a potential pathway forward. At issue are fundamental disagreements over what should be included in an infrastructure package—Republicans want to narrowly focus on “traditional” infrastructure investments such as roads and bridges, while Democrats favor an approach inclusive of a much wider array of potential investments in areas such as cybersecurity and human capital. Both Democrats and Republicans also disagree on the appropriate size of such investments and how to pay for them.

President Biden’s meetings this week, which also included discussions with key lawmakers like Sen. Manchin (D-WV) and the top leaders from both parties, are intended to make clear whether a bipartisan pathway forward is possible or if Democrats in Congress will need to pass these proposals on their own, likely making use again of the legislative process known as reconciliation. As these discussions take shape, NSBA’s advocacy team will continue to ensure lawmakers appreciate the need for investments in the nation’s K-12 schools and related infrastructure needs.

House Education Committee Explores Youth Employment Issues

On Thursday, May 13, the House Education and Labor Committee’s Higher Education and Workforce Investment Subcommittee held a hearing examining how the Workforce Innovation and Opportunity Act (WIOA) can be improved to create employment opportunities for more of the nation’s youth. As the committee considers making updates to WIOA this year, the hearing was framed as an important way for lawmakers to explore various issues impacting youth programs and activities authorized by WIOA. Witnesses included the heads of National Job Corps Association and the Philadelphia Youth Network, a Senior Advisor for the National Youth Employment Coalition, and a Human Resources Manager of a firm in North Carolina.

Witnesses, as well as some lawmakers, expressed a willingness to re-examine current out-of-school youth requirements as part of current law and emphasized the importance of streamlining the eligibility process for identifying eligible learners to better meet their needs. In addition, witnesses emphasized the need to expand WIOA’s conception of work-based learning to better align workforce development and education systems to provide additional employment opportunities for eligible youth. A link to the hearing, including witness and committee testimony, can be found here.

Senate Confirms Number Two at U.S. Education Department

On Tuesday, May 11, the Senate voted 54-44 to confirm Cindy Marten to be Deputy Secretary of Education—the second highest ranking position at the Department. Marten is only the second USED nominee to be fully confirmed by the Senate, with James Kvaal’s nomination to be Undersecretary of Education still awaiting a full vote by the Senate. In addition, President Biden announced on Thursday, May 13, that he intends to nominate Catherine Lhamon to be Assistant Secretary for the Office of Civil Rights—a position she formerly held under President Obama.

Administration Update

Emergency Connectivity Fund Goes Live

The recently passed American Rescue Plan included $7.171 billion for an “Emergency Connectivity Fund” (ECF) intended to allow eligible schools and libraries to use these funds to purchase connectivity equipment and devices on behalf of students and educators. Since that time, the Federal Communications Commission (FCC) has been crafting new rules and related guidance to implement the ECF. On Tuesday, May 11, the FCC released its final Report and Order for these funds which outlines new rules governing the ECF, such as how these funds may be accessed and used. As structured, the ECF was created to help close the digital divide and homework gap. A 45-day application period is expected to open this summer.

FCC and USED Launch Outreach Campaign

On Wednesday, May 12, the U.S. Department of Education (USED) and the FCC jointly announced an outreac h campaign to raise awareness about another connectivity program—the Emergency Broadband Benefit (EBB) Program authorized by the Coronavirus Response and Relief Supplemental Appropriations Act of 2021 (CRRSAA) that passed last December—among eligible families and individuals. The EBB provides subsidies for eligible families and households to pay monthly bills for broadband. More information from the FCC about this effort can be found here. Additional information for how to apply for this funding can be accessed here. Eligible consumers can also locate participating service providers in their area using a new “Companies Near Me” tool.

USED Announces Presidential Scholars

On Thursday, May 13, the U.S. Department of Education (USED) announced the 57^th class of U.S. Presidential Scholars. This year’s class included 161 students who were recognized for their achievements in academics, the arts, and career and technical education (CTE). The White House Commission on Presidential Scholars annually selects students within these categories based on a holistic review of students’ achievements both in and outside of the classroom. Created in 1964, the program has recognized and honored over 7,600 top-performing students from across the country. A full list of this year’s scholars can be found here.

CDC/USED Mask Guidance for Schools Remains in Effect for Now

Although the Centers for Disease Control and Prevention (CDC) issued new guidance Thursday, May 13 on the use of masks and face coverings for individuals who are fully vaccinated, the existing CDC and U.S. Department of Education (USED) guidance for schools remains in place. When, and if new guidance is issued, NSBA will inform the state associations. Until new guidance is announced, USED advises that students, teachers, and staff should follow the existing guidance.

Bills

• S.1602 A bill to make demonstration grants to eligible local educational agencies or consortia of eligible local educational agencies for the purpose of increasing the numbers of school nurses in public elementary schools and secondary schools. Sponsor: Sen. Tester, Jon [D-MT]
• S.1565 A bill to provide for hands-on learning opportunities in STEM education. Sponsor: Sen. Shaheen, Jeanne [D-NH]
• S.1562 A bill to amend the Workforce Innovation and Opportunity Act to provide funding, on a competitive basis, for summer and year-round employment opportunities for youth ages 14 through 24. Sponsor: Sen. Durbin, Richard J. [D-IL]
• S.1543 A bill to amend the Public Health Service Act to provide best practices on student suicide awareness and prevention training and condition State educational agencies, local educational agencies, and tribal educational agencies receiving funds under section 520A of such Act to establish and implement a school-based student suicide awareness and prevention training policy. Sponsor: Sen. Hassan, Margaret Wood [D-NH]
• H.R.3166 To make demo nstration grants to eligible local educational agencies or consortia of eligible local educational agencies for the purpose of increasing the numbers of school nurses in public elementary schools and secondary schools. Sponsor: Rep. Titus, Dina [D-NV-1]
• H.R.3163 To prohibit the award of Federal funds to schools that promote certain race-based theories to students, and for other purposes. Sponsor: Rep. Roy, Chip [R-TX-21]
• H.R.3157 To amend section 8526A of the Elementary and Secondary Education Act of 1965 to prohibit Federal mandates, direction, or control with respect to American history and civics education, and for other purposes. Sponsor: Rep. Murphy, Gregory [R-NC-3]
• H.R.3137 To amend title III of division H of the Consolidated Appropriations Act, 2021 to prohibit the expenditure of funds on the priorities noticed in the proposed rule submitted by the Department of Education relating to Proposed Priorities-American History and Civics Education, and for other purposes. Sponsor: Rep. Cawthorn, Madison [R-NC-11]
• H.R.3115 To amend the Child Nutrition Act of 1966 and the Richard B. Russell National School Lunch Act to make breakfasts and lunches free for all children, and for other purposes. Sponsor: Rep. Omar, Ilhan [D-MN-5]
• H.R.3106 To amend the Workforce Innovation and Opportunity Act to provide funding, on a competitive basis, for summer and year-round employment opportunities for youth ages 14 through 24. Sponsor: Rep. Kelly, Robin L. [D-IL-2]
• H.R.3100 To amend the Food and Nutrition Act of 2008 to expand the eligibility of students to participate in the supplemental nutrition assistance program, establish college student food insecurity demonstration programs, and for other purposes. Sponsor: Rep. Hayes, Jahana [D-CT-5]

May 7, 2021 (Archive)

Congressional Update

House Examines ED Budget Proposal

Last month, President Biden released an initial “skinny” budget request to Congress containing high-level information regarding the administration’s funding priorities for the coming 2022 federal fiscal year (FY22). While a more detailed budget request is expected later this month, the release of this skinny budget formally began the wider Congressional budget and appropriations process. This process typically includes opportunities for members of the President’s cabinet to speak to the budget request in more detail before Congressional committees as they consider appropriations legislation for the coming year.

This Wednesday, May 5, U.S. Secretary of Education Miguel Cardona testified before the House Appropriations Committee about President Biden’s vision for the U.S. Department of Education (USED)—a component of the President’s budget request that is proposing a 40 percent increase for the Department and related education programs over current funding levels. Democrats on the committee, led by Chairwoman DeLauro (D-CT), spoke largely in favor of the proposed budget, and applauded the administration for its prioritization of education issues. Committee Republicans, led by Ranking Member Cole (R-OK), primarily argued that President Biden’s proposed $29.8 billion increase for USED was unnecessary and wasteful, particularly on the heels of several large-scale pandemic relief packages which provided billions in additional support for education above and beyond the Department’s regular budget.

Throughout the hearing, lawmakers raised issues ranging from school building reopening’s, to civics education, and career and technical education (CTE). Secretary Cardona’s written testimony can be viewed here and a webcast of the full hearing can be viewed here. Secretary Cardona is expected to similarly testify before the Senate Appropriations Committee in the coming weeks, although a date has not yet been set. More recently this week, House Chairwoman DeLauro has said that she expects subcommittee and full committee markups of Congress’ FY22 appropriations bills for USED to occur in June with full bill passage sometime in July.

House Subcommittee Explores Pandemic’s Impact on Students with Disabilities

On Thursday, May 6, the House Education and Labor Committee’s Early Childhood, Elementary and Secondary Education Subcommittee held a hearing focused on the impact the COVID-19 pandemic has had on students with disabilities. Witnesses included disabilities rights advocates and special education practitioners alike who provided first-hand accounts of how students with disabilities have handled the pandemic, with several noting the importance of additional funding that must be used to continue to serve this vulnerable student population. Throughout the hearing lawmakers raised the need to return to in-person instruction to better support more students with disabilities and explored strategies to better serve these groups of students. A recording of the hearing, including written testimony, can be found here.

Administration Update

USED Launches School Reopening Clearinghouse

Late last Friday, April 30, the U.S. Department of Education (USED) launched the “Safer Schools and Campuses Best Practices” clearinghouse, a web portal that contains a slew of examples of how schools, colleges, and universities are safely reopening campuses. The clearinghouse is part of an earlier Executive Order issued by President Biden directing USED to facilitate the sharing of best practices among the education community as the nation collectively works to overcome the pandemic. The clearinghouse is organized around three topical areas—Safe and Healthy Environments, Supports for Students, and Teacher, Faculty and Staff Well-Being—and contains over 180 unique resources to browse. The Department intends to update the clearinghouse as other best practices emerge. To be added to the clearinghouse, submissions can be sent to this link.

Emergency Connectivity Fund Takes Shape

Since the passage of the American Rescue Plan Act (P.L. 117-2), the Federal Communications Commission (FCC) has been working to establish rules implementing a $7.171 billion “Emergency Connectivity Fund” (ECF). The ECF would allow eligible schools and libraries to use these funds to purchase connectivity equipment and devices on behalf of students and educators. As structured, the ECF is intended to help more students and staff gain access to internet-capable devices and reduce the homework gap exacerbated by the ongoing pandemic. These efforts are timely especially considering recent research from the Consortium for School Networking (CoSN) finding that access to such devices is a crucial ingredient to student success.

The FCC had been soliciting public feedback and input for the past several weeks on the ECF. NSBA filed comments in the proceeding and has been working with our national partners to help ensure the agency crafted the rules to defer key decisions about how to best use the funds to school district leaders. Following that comment period, the agency released a draft Report and Order providing a short additional period for stakeholders to weigh-in on the FCC’s proposed approach. The draft Report and Order emphasizes that the FCC is committed to a simplified application process, is seeking to promote price transparency, is willing to forgo competitive bidding, includes Wi-Fi on busses, and is deferential to schools and libraries as to what counts as “off campus” locations for the purposes of the ECF. The FCC is expected to release the final version of this order May 10.

Bills

• H.R.3004 To amend the Workforce Innovation and Opportunity Act to create a pilot program to award grants to units of general local government and community-based organizations to create jobs, and for other purposes. Sponsor: Rep. Wilson, Frederica S. [D-FL-24]
• H.R.2993 To authorize the Educational Partnerships for Innovation in Communities Program and for other purposes. Sponsor: Rep. Pocan, Mark [D-WI-2]
• H.R.2987 To increase the amount of loan forgiveness available to teachers. Sponsor: Rep. Luria, Elaine G. [D-VA-2]