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.

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.

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.

Department of Education Releases Q&A on Part C Evaluation and Assessment Timelines

On Monday, the U.S. Department of Education’s Office of Special Education Programs (OSEP) released a question and answer (Q&A) document to address inquiries related to implementation of the Individuals with Disabilities Education Act (IDEA) Part C evaluation and assessment timelines in the current COVID-19 environment.

The Q&A document provides informal guidance to existing statute and regulations. The questions addressed in the document are related to adhering to the law while conducting assessment and evaluations when face to face meetings are prohibited.

To view the Q&A, go here.