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Legislative Update


Federal update: part 2- Education Secy. DeVos’ guidance on CARES Act funds spurs controversy

by | May 27, 2020 | Federal Issue, Legislative Update Blog, National Issue

While things have been relatively quiet in Madison, things in Washington DC have been busy. Here’s the second in a series of updates on the most noteworthy developments.

USED Non-binding Equitable Guidance to Non-Public Schools Spawns Confusion, Criticism:

The federal CARES Act, passed in late March, provided $13.1 billion in emergency “education stabilization” funding for K-12 schools nationwide. Part of that new law requires that public school districts that receive education stabilization funds under the act must provide equitable services to non-public schools within their boundaries in the same manner as they provide those services under Title I of the Elementary and Secondary Education Act (ESEA).

As generally understood, Title I requires public school districts to provide eligible children attending private elementary and secondary schools, as well as their teachers and families, with Title I services or other benefits—such as professional development, family engagement, or materials and supplies (on loan from the public schools)—that are equitable to those provided to eligible public school children and their teachers and families. To be eligible for Title I services, a private school child must reside in a public Title I school attendance area and be determined to be in need of additional academic support.

However, U.S. Department of Education (USED) Secretary Betsy DeVos, a long-time advocate for privatizing education, created a firestorm by issuing non-binding equitable guidance regarding distribution of CARES Act funding to non-public schools. In that guidance DeVos advises that CARES Act funding should be shared with private schools based on their total enrollment rather than need-based eligibility, effectively re-routing additional aid to private schools.

Critics argue this guidance is not only contrary to the law and but could radically shift resources away from public schools and toward private schools. They point out that under the ESEA, the amount of a school district’s Title I funding that is distributed for equitable services to private schools is based on number of low income students served, not total enrollment numbers.

A National Public Radio story described the impact of DeVos’ guidance this way:

“Education Secretary Betsy DeVos is advising public schools to spend far more relief money than they’d planned to on services for students at private schools. Louisiana, for example, reports that under a traditional reading of the CARES Act, its private school students would receive services worth $8.6 million. Under the department’s broader interpretation, though, that share would jump to $31.5 million — a 267% increase.”

This issue is creating uncertainty for states as they seek to distribute funds under the CARES Act. That uncertainty prompted a letter from the Council of Chief State School Officers telling DeVos that if the guidance is not revised it “could significantly harm the vulnerable students who were intended to benefit the most” from the CARES Act.

In a response signed by DeVos herself, the education secretary writes, “the Department disagrees with your interpretation of the law.”

Expect to hear more about this issue in the coming days. This may be an issue Congress takes up as it debates additional relief for state and local governments and schools in the coming weeks. 

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