CEC Policy Insider

Congress, White House Embark on Closed-Door Negotiations on Next COVID Bill

Last week, the Senate introduced the Healthcare, Economic Assistance, Liability, And Schools (HEALS) Act, a long-anticipated, $1 trillion-dollar COVID-19 relief bill.

Within the bill, there are many measures impacting education, including $105 billion for the Education Stabilization Fund, created through the CARES Act. Much of that funding is contingent on in-person instruction this fall, and an unusually large proportion is dedicated to private schools. The bill fails to provide dedicated funding for the Individuals with Disabilities Education Act (IDEA).

The HEALS Act is considered the opening bid for Senate Republicans, who have now begun to negotiate a final package with their Democratic counterparts and the House of Representatives—which put forth a nearly $3.5 trillion proposal in May. Key White House officials have been meeting with Congressional leaders through the weekend and into this week, but a deal has yet to emerge.

There is a lack of clarity about a potential final product, including both content and timing—a dynamic that is not atypical before the release of a large legislative deal. However, there is little clarity about what the next step will be, as a scheduled Congressional August recess is slated to begin at the end of this week, leaving little time to negotiate and approve a bill.

Action Alert

The Senate HEALS Act has missed the mark on many key CEC priorities, including dedicated emergency funding for IDEA, keeping public funds in public education and supporting the work of educators to serve students, whether in-person, remotely, or through a hybrid model because all our students deserve support. Now is the time to get loud.

As Congress continues to negotiate a final COVID-19 response package, lawmakers need to hear from you.

Please follow this link to our one-step action alert to make your voice heard.

House Advances Second Package of Spending Bills

On Friday, the House of Representatives passed their second package of spending bills for Fiscal Year (FY) 2021. The package, which would fund the bulk of the federal government for the next fiscal year, includes funding for the U.S. Department of Education.

The package passed with Democratic support on a party-line vote for several reasons, namely that it exceeds the budget caps set forth in a bipartisan budget agreement last summer and includes policies that are non-starters for House Republicans.

The bill would provide small increases to the education programs that CEC advocates for. Specifically, the bill provides:

• 12,957,892,000 for Part B Grants to States, which is $193,500,000 more than FY 2020
• $397,620,000 for Preschool Grants, which is $3,500,000 more than FY 2020
• $481,850,000 for Grants for Infants and Families, which is $4,850,000 above FY 2020
• s $255,633,000 for the IDEA National Activities program, which is $5,917,000 more than FY 2020
  • Included in that sum is $90,700,000 for Personnel Preparation, which is $1,000,000 above FY 2020
• $58,500,000 for Research in Special Education, which is $2,000,000 more than FY 2020
• $14,000,000 for the Javits Gifted and Talented Education Program, which is $1,000,000 more than FY 2020

Finally, a report accompanying the bill includes language—spearheaded by CEC’s Teacher Education Division (TED)—that recognizes the “critical role the Personnel Preparation program plays in helping to address the nation’s shortage of teachers for students with disabilities,” and ensures a leadership competition next year.

The House-passed spending package is a non-starter in the Senate, where the appropriations process has stalled. As September 30 fast-approaches, it is increasingly likely that Congress will need to pass a stop-gap funding measure, known as a “continuing resolution,” to ensure the government can continue to run until an FY 2021 appropriations deal can be made.

Newly Released Bill Focuses on Removing Police from Schools

Last week, the Counseling Not Criminalization in Schools Act was introduced in the Senate by Sens. Murphy (D-CT) and Warren (D-MA), and in the House by Reps. Pressley (D-MA) and Omar (D-MN).

Designed to “address the needs of marginalized students and improve academic outcomes,” the bill would forbid federal funds to support police in schools and redirect existing federal funding toward counselors, social workers, and other services and supports to improve school climate and student well-being.

The bill would also provide a separate grant program for districts to replace police personnel with counselors, social workers, and other health providers.

To read the bill, go here.

Office for Civil Rights Submits Annual Report to Congress

The Office for Civil Rights (OCR) released its Annual Report for Fiscal Year 2019, which details OCR’s work regarding processing student complaints, closing investigations, and documenting the measures taken to ensure schools protect student’s civil rights.

As a requirement under statute, the report details the office’s accomplishments over the past year for Congress and the Administration and provides comparative data for [at least] the past three fiscal years.

OCR provided highlights of the report—including that the office launched over 700 investigations in two national initiatives focused on improving outcomes for students with disabilities and established the National Web Accessibility Team to make technology accessible to all students.

To read the OCR Annual Report, go here.

GAO Report on School Building Accessibility

The Government Accountability Office (GAO) released School Districts Need Better Information to Help Improve Access for People with Disabilities, a report requested by House Education and Labor Committee Chairman Bobby Scott (D-VA) that focuses on the physical barriers that may limit access for people with disabilities.

The report finds that “in 55 schools across six states, the most common areas with barriers GAO observed were restrooms, interior doorways, and classrooms. GAO also observed barriers related to safety and security. For example, for security, some schools had installed double-door vestibules with limited maneuvering space that could trap people who use wheelchairs.”

Recommendations include that both the U.S. Department of Justice and the U.S. Department of Education Office for Civil Rights provide states and school districts with online information, technical assistance, or training materials related to federal accessibility requirements specific to public school facilities and related to safety and security issues.

The GAO report can be found here.

View a briefing on the report here.

Senate Releases Text of COVID Response Package

On Monday evening, Senate Republicans released the Health, Economic Assistance, Liability Protections and Schools Act (HEALS Act), a bill to continue addressing the immediate needs brought on by the COVID-19 pandemic. The $1 trillion bill which Senate Majority Leader Mitch McConnell (R-KY) described as “our framework for another round of historic relief for American workers and families” is the Senate’s proposal for Congress’s next major COVID-19 package.

Missing from the HEAL Act is any funding directed to Individuals with Disabilities Education Act (IDEA).

Within the bill, $105 billion would go to the Education Stabilization Fund, created through the CARES Act. The funding, the bulk of which comes with strings attached, is broken down as follows:

• $5 billion for the Governor’s Emergency Relief Funds, which governors have considerable discretion over
• $70 billion for the Elementary and Secondary Education Fund, which is allocated based on the Title I formula
  • One-third of funds would be distributed immediately to local educational agencies (LEAs)
  • Two-thirds are contingent on LEAs presenting plans to governors that incorporate in-person instruction, making any school or district that has opted for fully virtual instruction ineligible
  • States must reserve funding for nonpublic schools based on the pre-pandemic proportion of Title I eligible students attending nonpublic schools
• $29 billion is directed to institutions of higher education, with an emphasis on supporting low-income and minority students
• $40 million for student aid administration
• $65 million for the Institute of Education Sciences to conduct the National Assessment of Education Progress (NAEP)

Additional provisions include the authorization of Emergency Education Freedom Scholarships (private school vouchers) for K-12 students; consolidation of student loan repayment plans; amending the Free Application for Federal Student Loans (FAFSA) to allow families to document pandemic-related changes in family income; and various waivers, including allowing the Secretary to authorize a continuation of IDEA Part C services beyond a child’s third birthday if the transition to Part B is delayed.

The HEAL Act is considered the opening bid for Senate Republicans, who will now need to negotiate a final package with their minority counterparts and the House of Representatives—which has put forth a $3 trillion proposal. 

Action Alert

The Senate HEAL Act has missed the mark on many key CEC priorities, including dedicated emergency funding for IDEA, keeping public funds in public education, and supporting the work of educators to serve all students—whether in-person, remotely, or through a hybrid model—who deserve support. Now is the time to get loud.

As Congress embarks on negotiations for a final COVID-19 response package, they need to hear from you.

Please follow this link to our one-step action alert to make your voice heard.

Action Alert: Call on Congress to Advance Legislation that Supports the Field of Exceptionalities

Congress is in session for just a few short weeks before its month-long August recess. Please join the 1,500 advocates participating in the 2020 Special Education Legislative Summit (SELS) to ramp up the pressure for Congressional action before lawmakers return to their districts.

Grassroots advocacy from CEC and its partners has already begun to make an impact. Thousands of letters have been sent to Capitol Hill, and Senate special education champions have introduced the Supporting Children with Disabilities During COVID-19 Act (S. 4100), which would provide emergency funding for the Individuals with Disabilities Education Act (IDEA). To keep up the momentum and continue moving our legislative priorities toward the finish line, we invite you to join us through virtual advocacy.

Through CEC’s one-click advocacy platform, you can write to your Congressional delegation to urge members to act on each of the SELS policy alerts:

• Education funding
• Special education teacher shortage
• Mental health
• COVID-19

CEC also invites you to join us on Twitter, Facebook, and Instagram by using our Social Media Toolkit.

Thank you for your collective work to advance the field of exceptionalities!

Virtual Special Education Summit Draws in Nearly 1,500 Advocates

The Council for Exceptional Children (CEC) and its division, the Council of Administrators of Special Education (CASE), join forces each July to co-host the Special Education Legislative Summit (SELS). This year’s event kicked off Monday and will last through July 24—and is entirely virtual due to COVID-19. The change has led to a significant increase in the number of advocates, both veteran and new, participating in the summit, with nearly 1,500 advocates registered!

This year, the focus will be on four major topical areas: Fiscal Year 2021 appropriations; emergency COVID-19 funding for the Individuals with Disabilities Education Act (IDEA); mental health; and strengthening the special educator pipeline.

After a series of online training, webinars, and master classes this week to familiarize participants with each issue area, next week will be spent conducting meetings with Congressional offices to carry forth a collective message around the policies that impact children and youth with exceptionalities.

As part of the event, we have prepared a Social Media Toolkit so you can support the issues important to our field. Help make our messaging go viral by posting to your social media accounts!

Action Alert

As part of SELS, action alerts have been generated around the four areas of focus on CEC’s Legislative Action Center. With just a few clicks, you can help send key messaging to your Members of Congress:

• Education funding
• Teacher shortage
• Mental health
• COVID-19

Using the collective voice of CEC’s 27,000 members, we can amplify our concerns and make sure they make their way to Capitol Hill.

House Education Spending Bill Approved in Committee, Would Provide Increases to IDEA, Javits

On Monday, the House Appropriations Committee approved its Fiscal Year (FY) 2021 spending bill for Labor, Health and Human Services, Education and Related Agencies (Labor-H) along party lines, with all Committee Democrats supporting the measure. The bill would provide small increases to the education programs that CEC advocates for. Specifically, the bill provides:

 

• $12,957,892,000 for Part B Grants to States, which is $193,500,000 more than FY 2020
• $397,620,000 for Preschool Grants, which is $3,500,000 more than FY 2020
• $481,850,000 for Grants for Infants and Families, which is $4,850,000 above FY 2020
• s $255,633,000 for the IDEA National Activities program, which is $5,917,000 more than FY 2020
  • Included in that sum is $90,700,000 for Personnel Preparation, which is $1,000,000 above FY 2020
• $58,500,000 for Research in Special Education, which is $2,000,000 more than FY 2020
• $14,000,000 for the Javits Gifted and Talented Education Program, which is $1,000,000 more than FY 2020

Passage of the Labor-H bill is just the beginning of the process for finalizing FY 2021 spending. The full House will now need to approve the bill—which it is expected to consider before the end of July—and the Senate will need to act on its FY 2021 Labor-H bill. Then, both bodies of Congress will need to agree on funding levels before a bill can make it to the President’s desk for signature.

A summary of the House Labor-H bill can be found here. The bill text can be found here, while the committee report can be found here.

Kenneth Marcus Retires from Office of Civil Rights

Last week, Kenneth Marcus, Assistant Secretary for Civil Rights at the U.S. Department of Education, announced that he would be leaving the Department and returning to private life.

In a statement, Education Secretary DeVos praised Marcus’ two-year tenure as head of civil rights. “He helped drive incredible results for students by vigorously enforcing civil rights laws, expanding protections from discrimination and refocusing [the Office for Civil Rights] on resolving cases efficiently and effectively,” she said.

Kimberly Richey, who is currently the Principal Deputy Assistant Secretary of Civil Rights, will become the acting head of the Office for Civil Rights.