Latest Updates in Federal Education Policy and Funding

VASS FEDERAL EDUCATION UPDATE SASHA PUDELSKI OCTOBER 2019

EDU-POLICY 101 AASA Advocacy engages with all three branches of the federal government: Legislative Approps School safety Child nutrition Judicial DACA Espinoza v. Montana Department of Revenue Administrative IRS regulations Public charge regulations

FY19 FUNDING (19/20 SCHOOL YEAR) The final bill provided a $581m increase in funding for USED, bringing the total to nearly $71.5 billion. The bill rejected the Trump administration s proposals to fund vouchers and privatization priorities, as well as proposed program eliminations and the proposal to consolidate USED with the Department of Labor. Tracking a few key programs, here are some that received increases Title I, $100m; Title II I is level funded; IDEA, $87m Title IV, $70m 21stCentury, $10m Impact Aid, $32m Perkins Career & Technical Education, $95m; and Head Start, $200 m

FY 20 (FOR 20/21 SCHOOL YEAR) President Trump released his FY20 budget on March 11. It is built on a premise of cuts to non-defense discretionary funding. It is described as dead on arrival and non-starter , with Congress expected to do their own work. Eliminates 29 education programs (incl. Title II and IV), and cuts edu by more than $8b (10%),but has $5b for a new tax credit voucher program. Congress reached a caps deal in August, but negotiations are ongoing and above our punching weight. House-passed approps bill exceeds caps and provides an increase of $4b to education, Senate process has broken down over funding levels. GOP only wants 1% increase to ED (compared to 10% increase proposed in House bill) President Trump signed a Continuing Resolution (CR) until mid-November. Threat of shutdown for FY20, and safe path for edu is anything but certain.

MEDICAID AND MENTAL HEALTH SERVICES AASA looking to advance bill that would reduce administrative obstacles to billing Medicaid called The Improving Medicaid in Schools Act STOP treating school districts like they are hospitals and clinics Small and rural districts much less likely to participate in Medicaid due to 1) inability to take on the administrative and compliance related paperwork, 2) inability to find a qualified healthcare provider for provision of services and 3) inability to afford a third-party biller to handle paperwork. AASA solution: use one uniform claiming methodology (a cost report) for both direct service and admin claiming. Desired outcome: By streamlining the Medicaid program paperwork to ensure districts of all sizes can capacities can participate in the program and guarantee more equitable participation in Medicaid program by rural/small districts.

HIGHER EDUCATION ACT -AASA PRIORITIES Support the preservation and expansion of resources in Title II of the Higher Education Act for future and current teachers to address the ongoing teacher shortage Support programs that assist and develop students entering and completing college and postsecondary programs Reduce and simplify the paperwork and application requirements for FASFA Support the maintenance of the 2001 Title IX Guidance to ensure each and every student has a safe and healthy learning environment. Ensure flexibility of Pell grants to be available for students regardless of age or current school enrollment

HIGHER EDUCATION REAUTHORIZATION Earlier this year all eye all eyes were on Sens. Lamar Alexander (R-TN) and Patty Murray (D-WA) as they worked towards reauthorizing the Higher Education Act. Thus far, negations have stalled. Alexander has taken the unprecedented step of introducing a package of smaller, bipartisan higher education bills and calling on colleagues to work on this package rather than attempt to craft a comprehensive bill. Senate Dems are not interested in this approach. Last week, House Dems introduced their comprehensive vision of a higher education reauthorization. All of AASA s major policy priorities are addressed in their bill. Here are some specifics: Expands the Teacher Quality Partnership Grant program, which enables Institutes of Higher Education (IHE) and State Education Agencies (SEA) to partner with a high needs Local Education Agency (LEA) to create cohort-based teacher residency models that offer students clinical experience in school settings and enables recipients to develop "Grow Your Own" partnerships between high- need LEAs and higher ed institutions. Maintains and cleans up the TEACH grant program; expands the PSLF program to provide forgiveness to individuals who may have been denied PSLF previously. It also allows teachers to count teacher loan payments toward the teacher loan forgiveness program at the same time as PSLF, reducing the number of monthly payments needed towards PSLF. This change allows teacher borrowers to get their loans forgiven through PSLF faster. The legislation also increases funding for the TRIO and GEAR UP program. Provides states with funding to increase student access to early credit pathways, including dual enrollment, early college high schools, and Advanced Placement and International Baccalaureate programs. Negates the proposed Title IX regulation

PROPOSED TITLE IX REGULATION (EXPECTED ANY DAY) Dramatically change practices employed by districts under 2001 Guidance Allows districts to ignore sexual harassment/abuse reported by a student unless the student reports it to a teacher, Title IX coordinator or administrator Does not require district to investigate or implement corrective action if a child reports harassment or abuse by a teacher to another teacher, instead of an employee with authority to institute corrective measures, such as a Title IX coordinator or school principal. Requires districts to dismiss a formal Title IX complaint by a student if the alleged conduct occurred off-campus or online Opens districts up to requests by parents and students that they employ live hearings where students would be cross-examined by the other s advisor of choice on alleged misconduct Requires a separate and higher standard to be used for claims of student harassment and misconduct when compared to employee harassment and misconduct

SCHOOL NUTRITION Senate Agriculture (AG) Committee is in the process of reauthorizing the Healthy Hunger Free Kids Act. They have yet to introduce priorities or an official release date for the bill. We are optimistic the Senate bill will exclude provisions that give us pause. This summer, USDA released a Notice of Proposed Rulemaking (NPRM) that will the Categorical Eligibility Program. More than 900,000 students will lose their automatic eligibility for free school meals as a result of the change. STILL TIME TO COMMENT! AASA Priorities for Child Nutrition Reauthorization: (1) Return to a Five-Year Administrative Review Cycle, (2) modify the Smart Snacks in Schools Rule (3) increase USDA Foods (Commodities) support for the School Breakfast Program, and (4) oppose any effort to block grant the School Meals Programs

FCC: THE BATTLE OVER E-RATE E-Rate is the fourth largest stream of federal support in the nation s public schools A recent proposal from the Federal Communications Commission (FCC), under the leadership of Chairman Ajit Pai (Republican), would place limits on the amount of money the E-Rate program could make available to support school and library efforts to improve internet access. The FCC's proposal would set a cap for the overall USF. The proposed cap is nearly $2 billion above current levels. Specific to E-Rate, the proposal would pair E-Rate with Rural Health Care under a single cap. Even if connectivity prices continue to fall, the reality of increasing demand and skyrocketing costs with Rural Health Care create a scenario whereby USF programs are pitted against each other, with rural schools competing with rural health care for connectivity needs. This should not be an either, or funding approach This establishes a troubling precedent of one program taking from another that may lead to a permanent change in the E-Rate s cap level Talk to your representatives and senators about the importance of the E-Rate program and how much more you can accomplish with the program in its current format and at its current funding level.

AASA FEDERAL ADVOCACY ESSA School Nutrition Perkins Career/Tech IDEA Rural Education (REAP, Forest Counties, Impact Aid) School Vouchers E-Rate/Lifeline/EBS Student Data & Privacy Medicaid/CHIP Higher Education Act Early Education Affordable Care Act Regulations: DoL and EPA Immigration / DACA Taxes

GET INVOLVED, STAY ENGAGED! AASA Legislative Team on Twitter AASA PEP Talk Podcast AASA Policy Blog, The Leading Edge Weekly & Monthly Updates Websites & Newsletters EdWeek Politics K12 Morning Education (Politico) Real Clear Education Cabinet Report

QUESTIONS? Noelle Ellerson Ng nellerson@aasa.org @Noellerson Sasha Pudelski spudelski@aasa.org @SPudelski Chris Rogers crogers@aasa.org @CXRogers16