CEC Policy Insider

Supreme Court Case on Vouchers Decided in Favor of Religious Schools

This morning, the Supreme Court issued a decision in the case Espinoza v. Montana Department of Revenue. The case focuses on the constitutionality of school vouchers for use at religious schools.

The 5-4 ruling in favor of Espinoza said that the Montana Department of Revenue wrongly stopped the voucher program despite a state constitution provision that prohibits public funds from going to religious institutions, being superseded by the U.S. Constitution’s religious freedom protections. Writing for the majority, Chief Justice Roberts noted, “a State need not subsidize private education. But once a State decides to do so, it cannot disqualify some private schools solely because they are religious.”

CEC has been a staunch supporter of keeping public funds in public education. Last fall, CEC joined a number of disability advocates in an amicus brief that illuminated the potential harm school vouchers can impose on students with disabilities nationwide. The brief argued that private school vouchers strip students with disabilities of their rights and legal recourse under federal laws such as the Individuals with Disabilities Education Act (IDEA). The brief noted that private schools often fail to ensure these rights and “while limited services may be available to students in some private schools, they are at best incomplete and thinly funded.”

To read the decision, go here.

To view the amicus brief, go here.

IDEA Best Practices Guide for Districts Released

The Council of Great City Schools has issued a best practices guide to help districts offer support, knowledge, and tools as they continue to provide instruction and services to students with disabilities during and after the COVID-19 pandemic.

The report acknowledges it is likely that all students will require some additional supports upon their return to school facilities following the COVID-19 closures.

Regarding best practices for special education, the comprehensive guide provides links to sample materials as well as practical guidance and key considerations for outreach and communication; conducting virtual and remote meetings; handling parent evaluation requests and progress reporting; prior written notice procedures; and the development of distance learning plans.

Read the guide here.

 

Layoffs and Shortages: The Impact of COVID-19 on the Educator Workforce

A “Learning in the Time of COVID” blog post by the Learning Policy Institute looks at the conflicting projections related to the teacher workforce in our nation’s schools this fall. The pre-COVID shortage of qualified teachers, including those for math, science, and special education, is expected to be exacerbated by the anticipated budget shortfalls for districts this year.

“We’re still struggling to fill the challenging positions, like special education, bilingual, and specialty services, so in the midst of laying people off, we do still have openings—and that’s true across the ten districts in our county. The hard-to-fill positions are still hard to fill,” states Jim Brescia, Superintendent of Schools for California’s San Luis Obispo County.

According to the blog post, the massive loss of teaching jobs in April of 2020 is only “the tip of the iceberg” as the nation’s schools face triple the downsizing seen during the Great Recession. The tension comes because despite the massive layoffs, as schools plan to safely reopen and implement social distancing they face the need for more staff—not less. The disproportional share of funding and staffing cuts that effect the high poverty districts also has a disproportionately negative impact on the most vulnerable students—students of color, low-income students and students with disabilities—thereby widening achievement gaps.

Read the blog here.

 

 

U.S. Department of Education Releases Two IDEA Question and Answer Documents

On Monday, the Office of Special Education and Rehabilitative Services’ Office of Special Education Programs (OSEP) uploaded two Questions and Answers (Q&A) documents to the U.S. Department of Education website in response to questions about implementation of Individuals with Disabilities Education Act (IDEA) Part B and Part C dispute resolution procedures brought on by the effects of COVID-19 and school closures.

Many of the questions and answers around dispute resolution procedures are based on the logistical challenges of conducting business virtually. The Q&As provide informal guidance based on the U.S. Department of Education’s interpretation of current law and are not legally binding.

To view the Part B Q&A, go here.

To view the Part C Q&A, go here.

House Committee Holds Hearing on Inequities Amid COVID-19 Pandemic

On Monday, the House Education and Labor Committee held a hearing, Inequities Exposed: How COVID-19 Widened Racial Inequities in Education, Health, and the Workforce. The hearing focused on preexisting racial disparities in the education, health, and labor arenas which were exploited by the pandemic.

Committee Chairman Bobby Scott (D-VA) and Ranking Member Virginia Foxx (R-NC) both noted the disproportionate impact of the virus based on race. Scott highlighted existing and persistent achievement gaps, noted that minority students are less likely to attend schools that could quickly and effectively pivot to virtual learning, and said the result will be an estimated 10 months of learning loss for black students and 9 months of learning loss for Latinx students – as compared to an estimated 6 months of learning loss for white students.

Hearing witness John King, President and CEO of the Education Trust and former Secretary of Education, stressed that in addition to resources directed at addressing learning loss, mental health impacts, and more, professional learning and planning must be a focus. “Educators will need sufficient time to prepare for the next school year and the substantially different work environment that they will be faced with, including altered or expanded school schedules, additional remote instruction, and curricular changes,” he remarked. King added that Congress must provide the funding to support the additional costs associated with these needs.

To view the hearing, go here.