Secretary DeVos announced yesterday a new streamlined process that will need to be requested by Chief State School Officials to help states and local districts meet the needs of students and educators during the COVID-19 national emergency. State Superintendent Tony Thurmond, working closely with the Newsom Administration, is expected to act on the simple application that would provide this flexibility to all local districts. The new flexibilities, authorized under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, allow schools to repurpose existing K-12 education funds for technology infrastructure and teacher training on distance learning, among other flexibilities to move resources to areas of highest need during the national emergency.
The spirit and intent of Secretary DeVos’ action is represented in a quote from her announcement today. She stated, “By extending additional funding flexibility to schools, we are helping to ensure student learning continues and supporting teachers as they transition to virtual classrooms. Local leaders have asked for the ability to steer more resources to local needs, and these new tools will help them do just that.”
The CARES Act, signed into law by President Trump, now allows states and school districts to devote more of their federal resources to technology infrastructure to support distance learning for students and for professional development for teachers who are teaching remotely, many for the first time. By providing a streamlined process to obtain funding flexibilities, states will be able to quickly make decisions to meet the needs of their students.
Once the state submits the request, the US Department of Education says the state will receive an initial determination within one business day. Once granted, states can receive flexibility in the use of funds and other requirements covered under the Elementary and Secondary Education Act of 1965 (ESEA), including the Title I, Parts A-D, Title II, Title III, Part A, Title IV, Parts A-B, and Title V programs. Specifically, states may request a waiver of:
- Section 1127(b) of Title I, Part A of the ESEA to waive the 15% carryover limitation for Title I, Part A funds;
- Section 421(b) of the General Education Provisions Act (GEPA) to extend the period of availability of prior fiscal year funds, for Title I, Parts A-D, Title II, Title III, Part A, Title IV, Parts A-B, and Title V, Part B programs, and the McKinney-Vento Homeless Children and Youth program;
- Section 4106(d) of Title IV, Part A of the ESEA to waive a needs assessment to justify the use of funds;
- Section 4106(e)(2)(C), (D), and (E) of Title IV, Part A of the ESEA to waive content-specific spending requirements;
- Section 4109(b) of Title IV, Part A of the ESEA to waive spending restrictions on technology infrastructure; and
- Section 8101(42) of the ESEA to waive the definition of “professional development,” which might otherwise limit the ability to quickly train school leaders and teachers on topics like effective distance learning techniques.
Push on Stimulus Funding for Schools
We also thought you might be interested to know that on Saturday, the National Governors Association (NGA) released a letter to Secretary DeVos urging her to immediately distribute the $31 billion in education funds for state, school districts and higher education that was included in the CARES Act. We have yet to get a timeline on the distribution of those resources, but the letter from the bi-partisan group of Governors will definitely put pressure to get those funds out the door. The NGA also urged the Secretary to make sure states would be provided the maximum flexibility to determine how best to address their community needs. Her announcement today, while primarily focused on flexibility to address distance learning, does allow broad flexibility to schools for the “highest area of need.”
-Kevin
Kevin Gordon, President
Capitol Advisors Group, LLC