July 22, 2022 - NSBA Weekly Update

Congressional Update

House Leaders Propose Federal Child Nutrition Reauthorization
House Education and Labor Committee Chairman Bobby Scott (D-VA), along with Representative Bonamici (D-OR), introduced a comprehensive proposal on Wednesday, July 20, to reauthorize and update federal child nutrition programs. Dubbed the Healthy Meals, Healthy Kids Act (H.R. 8450), the proposed legislation is intended to expand student access to school meals, increase access to nutrition programs during the summer months, and would provide greater support for school-based meals programs, such as the School Breakfast and Lunch programs, in the future. NSBA expects the legislation to be formally considered by the House Education and Labor Committee next week. A summary of the proposal can be found here, while a section-by-section summary can be accessed here.

Senate Advances More Modest CHIPS Proposal
After over a year of consideration, Senate Majority Leader Chuck Schumer (D-NY) introduced a measure late Tuesday night, July 19, that formally began debate on economic competitiveness legislation intended to bolster the nation’s advanced manufacturing capacity in critical sectors of the economy related to the production of semiconductor chips. Earlier iterations of this legislation, introduced in both the House and the Senate separately over last year and a half, included significant new funding in education and workforce development. However, lawmakers have remained unable to find consensus on these and many other provisions that were under formal consideration as part of a bicameral and bipartisan conference negotiation. As a consequence, the legislation currently under consideration in the Senate has been pared back considerably.

If enacted the bill would create several new grant programs aimed at preparing students to enter into STEM and computer science fields, while also providing significant new subsidies to semiconductor manufacturers and designers. The measure was procedurally advanced on a bipartisan basis, 64-34 and will be considered by the Senate further next week. NSBA has written to Congressional leaders urging them to i preserve the Postsecondary STEM Pathways and the Improving Access to Elementary and Secondary Computer Science Education programs in the final bill that is passed. 

Administration Update

USED Releases New School Discipline Guidance
The U.S. Department of Education (USED) unveiled new guidance on Tuesday, July 19, for states and school districts to help K12 education leaders address longstanding disparities in discipline for students with disabilities. The guidance follows a 2018 Government Accountability Office (GAO) report which found that students with disabilities, particularly students of color, face disproportionate rates of school discipline as compared to their peers. The guidance re- emphasizes the requirements of Section 504 of the Individuals with Disabilities Education Act (IDEA) while highlighting best practices regarding implementation. The guidance can be found here and a related press release from USED can be found here.

Secretary Cardona, First Lady Biden Launch Pandemic Relief Tour
Earlier this week, U.S. Secretary of Education Miguel Cardona and First Lady Jill Biden announced the beginning of a nationwide tour the duo will be undertaking in the coming days to highlight the impact of the American Rescue Plan (ARP) in helping students recover from the impacts of the pandemic, recover from lost instructional time, and provide enrichment and academic opportunities during the summer months. In particular, Cardona and Biden aim to emphasize how the $122 billion in ARP funding has helped more students access out-of-school and summer enrichment programs as a way to accelerate learning. More information on the tour can be found here.

Final Application Window Closes for Emergency Connectivity Funds
The Federal Communications Commission (FCC) announced that it has received requests for $2.8 million in the third, and final, application filing window of the Emergency Connectivity Fund (ECF) Program to fund 5,120,453 connected devices and 4,285,794 broadband connections. This is the last of the $7.1 billion included in the American Rescue Plan for the ECF. Because demand exceeds available funds, third window applications will be prioritized to fund schools and libraries with the greatest need first, with a preference for schools and libraries located in rural areas, as explained in more detail in the Frequently Asked Questions on the FCC website.

Last week, the FCC announced the third wave of funding commitments for requests filed during the third application filing window totaling over $254 million and the 18th wave of funding commitments for requests filed in the first and second application filing windows totaling over $12 million. This brings the total funding commitments approved to date to nearly $5.6 billion. For more information, see the current list of funding commitments or all requests in the Open Data Portal. NSBA advocated for the inclusion of ECF funding, and we continue to push Congress to find additional funding to help keep students connected to the internet at home.

Implementation Efforts for the Keep Kids Fed Act
The recent enactment of the Keep Kids Fed Act extends waiver authority to the U.S. Department of Agriculture for child nutrition programs through the 2022-23 school year and increases the reimbursement rate for meals and snacks. Since the legislation’s enactment, the U.S. Department of Agriculture has provided information to school food authorities (SFAs) regarding implementation, including a recent webinar on provisions included in the legislation. The waiver authority is helping SFAs manage supply chain delays, staffing shortages, and related challenges affecting child nutrition services. NSBA urges Congress to reauthorize the Healthy, Hunger-Free Kids Act in way that increases flexibility and relief for school districts to successfully administer school meal programs, including reducing or eliminating the paid meal price mandate that resulted in unnecessary price increases for certain students; increasing reimbursement levels and other federal funds to cover the cost of compliance and/or authorizing local school districts to make implementation feasible within available federal resources; and providing temporary and emergency flexibility around meal delivery during the COVID-19 pandemic and other national emergencies.

Update: Bipartisan Safer Communities Act The Biden administration is developing fact sheets about how grant funding is to be administered under the recently enacted Bipartisan Safer Communities Act, which provides an additional $1 billion to states and school districts for the Title IV Student Support and Academic Enrichment program. The statute notes that, “states shall make awards on a competitive basis to high-need local educational agencies as determined by the state.”

The Bipartisan Safer Communities Act also provides $500 million for School-Based Mental Health Services Grants and $500 million for Mental Health Services Professional Demonstration Grants to be available within Fiscal Years 2022 through 2026.

NSBA will provide additional information regarding grant availability and implementation efforts once the information is published.

NSBA Bills

• H.R.8351 — 117th Congress (2021-2022) Formula Act Sponsor: Rep. Blumenauer, Earl [D-OR-3]
  
• H.R.8450 — 117th Congress (2021-2022) To reauthorize child nutrition programs, and for other purposes. Sponsor: Rep. Scott, Robert C. "Bobby" [D-VA-3]

NSBA Update

NSBA Supports Upcoming Legislation to Reduce Educator Shortages
To help address teacher shortages impacting both K-12 and early education, U.S. Senator Ben Ray Lujan and U.S. Rep. Teresa Leger Fernandez of New Mexico are introducing The Loan Forgiveness for Educators Act to update the Teacher Loan Forgiveness (TLF) program. The forthcoming legislation aims to help address educator retention in high-need public schools by providing incentives for more candidates to complete comprehensive educator preparation programs associated with high educator retention rates—a key strategy to decrease shortages and help increase educator diversity in early childhood and K-12 education. This legislation would expand TLF eligibility to early childhood educators and program directors and K-12 school leaders serving in early education programs and high-need public schools. NSBA will share further details, along with outreach for co-sponsors, once this legislation has been formally introduced.

NSBA urges Congress to retain federal policies to provide loan forgiveness for teachers and principals who serve in public schools to encourage the simplification and transparency of the loan application process, and to oppose predatory collection processes.

Digital Inclusion/Cybersecurity Survey
NSBA reopened our short survey of local school board members on digital equity. Survey questions address digital inclusion policies, cybersecurity, and home internet access. NSBA has been active in the effort to close the Homework Gap - the digital divide in education. We hope to share components of these policies to provide a "best practice" resource for our members. 

- Courtesy of NSBA's Federal Advocacy & Public Policy Update - Week of July 22, 2022