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Legislative Update


Mid-September state update: new rural commission, third Friday counts, teacher supply, DHS guidance

by | Sep 18, 2020 | Legislative Update Blog, State Issue

Governor’s Blue Ribbon Commission On Rural Prosperity

The Governor’s Blue Ribbon Commission On Rural Prosperity is scheduled to meet virtually this morning (Friday, September 18) at 10:00 a.m.  This will be the last of three scheduled public listening sessions the commission will hold.

In addition to the listening sessions, rural residents may join the discussion by submitting written comments by Sept. 30 using a form on the Office of Rural Prosperity website. Rural stakeholder groups may also arrange meetings with commission members through WEDC.  (The Office of Rural Prosperity has been set up at the Wisconsin Economic Development Corporation.)

The commission aims to collect public input early this fall and then present Governor Evers with a report by Oct. 31 that will help shape the governor’s state budget proposal next year.

More information about the commission, its members and its activities is available here.
Recordings of the commission’s online meetings are available here.

Schools brace for impact of Third Friday in September pupil counts

Today (September 18) is the infamous Third Friday in September, the date on which pupils are counted for revenue limit and per pupil aid calculations affecting the current school year as well as for the general aid allocations to be distributed next year.

Many school districts across the state are bracing for the impact of today’s count on future school funding.  Last Saturday’s Milwaukee Journal Sentinel provided coverage of this issue.

According to the DPI:

Under existing law and DPI guidance, a student may be included in a school district’s September 2020
headcount for aid and revenue limit membership purposes if:
1. The student is enrolled and in attendance on Friday, September 18, 2020, or
2. The student is enrolled and in attendance for the 2020-21 school year on any day before
September 18, 2020, and any day after September 18, 2020, with no change in residency or
enrollment during that period (the “before and after” dates are not restricted to Thursday,
September 17 and Monday, September 21).

In either case, the student may be counted regardless of the specific setting in which they are receiving
instruction.

Additional information can be found in the DPI’s COVID-19 Regulatory Flexibility Framework document under the heading Pupil Count Dates.

Pandemic exacerbates existing teacher supply problems

Even before COVID-19 disrupted schooling, many Wisconsin districts faced teacher supply issues.  With isolation and quarantine requirements for teachers diagnosed with or exposed to the COVID-19 virus in place, there is an even greater demand for teachers.

As the school year gets underway, many districts are facing a serious shortage of substitute teachers, while others are contemplating having to shut down in-person learning due to a lack of teachers amid isolation and quarantine protocols.

As this story from Wisconsin Public Radio indicates, preliminary data is showing an uptick In teacher retirements, while many younger teachers are quitting teaching for family or health reasons.  Many of those interviewed say they simply didn’t feel comfortable going back into the classroom amid the pandemic.

DHS’ current guidance on quarantine and isolation protocols for schools

This spring, the Wisconsin Department of Health Services (DHS) issued updated guidance that reinforced the importance of quarantine as a public health measure but acknowledged that there may be circumstances wherein certain workers would need to be exempted from quarantine protocols. DHS limited these exemptions to health care workers and in situations where quarantine could impact “public health and safety.”

On August 18, 2020, the federal Department of Homeland Security updated its list of essential critical infrastructure workers and now includes all educational workers (teachers, custodians, etc). In fact, most employed persons, with the exception of those in the entertainment industry, are included in this guidance. As stated in the Department of Homeland Security memorandum, the list is advisory in nature and is not a federal directive or standard.

DHS’s understanding is that identifying a company or sector as part of our critical infrastructure may make it eligible for certain funding or may make it eligible for exemptions from state and local orders. A critical infrastructure designation conveys no particular legal status in and of itself. State, local, tribal, and territorial officials identify critical infrastructure.

DHS is still reviewing the updates from the Department of Homeland Security, but at this moment has not made any changes to our current quarantine and isolation protocols.

This means that school administrators, teachers, and other staff should continue to follow the quarantine and isolation protocols in the school outbreak guidance released by DHS.

CARES Act application deadlines

There has apparently been some confusion about whether Sept. 15 was the deadline for school districts to apply for funding from the Elementary and Secondary School Emergency Relief (ESSER) Fund created by the federal CARES Act.  

It is our understanding from conversations with the DPI, that at this point, there is no deadline for the submission of ESSER fund applications. The DPI had posted the deadline of September 15, which was a deadline for school districts that wanted to submit a claim for expenses incurred prior to June 30, 2020.

The DPI must award ESSER funds within one year of receiving the State allocation of ESSER funds from the federal government.  School districts have until September 30, 2022 to obligate their share of these funds.

Please note that although ESSER funds are allocated based on low-income student populations in a manner similar to Title I funds, ESSER funds must be tracked separately from Title I, Part A funds. 

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