The
quest to educate students in the K–12 and higher education systems during the
COVID-19 pandemic continues. Today’s Federal Flash covers four coronavirus-related
issues: (1) recommendations from U.S. Secretary of Education Betsy DeVos on further flexibility under the
Individuals with Disabilities Education Act (IDEA), (2) federal relief for state
education agencies to support K–12 schools, (3) new competitive grant funding for states to “rethink”
K–12 education and workforce
preparation, and (4) COVID-19’s effect on completion of the Free Application for Federal
Student Aid (FAFSA®).
IDEA Provisions
Preserved During COVID-19
The wait is over. In a report
to Congress released Monday, Secretary DeVos declined to request any significant
waiver authority from provisions of IDEA or Section 504 of the Rehabilitation
Act. While she did suggest waiving several smaller provisions related to scholarships
for teacher preparation and transitions for children receiving infant and
toddler services to early childhood programs, DeVos left the heart of IDEA
untouched: the right of a student with a disability to a free appropriate
public education in the least restrictive environment.
Our viewers may recall that the Coronavirus Aid, Relief, and Economic Security (CARES) Act gave Secretary Devos thirty days to report whether waivers were needed under a slew of federal laws, including IDEA. This set up a showdown between special education administrators, who argued flexibility was needed as they struggled to reach students with disabilities during school closures, and special education advocates, including the Alliance for Excellent Education (All4Ed), who argued that waivers were unnecessary because IDEA was flexible by design. While Congress still has the final say, Secretary DeVos’s recommendations are a win for advocates who were concerned that IDEA waivers would undercut students’ civil rights.
Federal Relief
for State Education Agencies
In addition to its waiver
provisions, the CARES Act provided more than $30 billion for education,
including $13.2 billion for K–12 state education agencies. Last week, the U.S.
Department of Education (ED) released the application for this Elementary and
Secondary School Emergency Relief Fund. States and school districts will
receive funding based on their relative share of Title I funding in Fiscal Year
2019. States must distribute 90 percent of funds to districts, including
charter schools, and may reserve up to 10 percent of funds to support
coronavirus efforts at the state level.
In a letter to chief state
school officers, Secretary DeVos said she will not “micromanage” how the funds
are spent. She did encourage states to think creatively about technology
infrastructure and professional development that will help students learn
remotely, including by requiring states to explain if they will use funds for these
purposes when they apply.
State chiefs have until
July 1 to apply, and ED expects to obligate funds to states within three business
days of receiving a signed certification and agreement. More information,
including how much money each state will receive, is available at https://oese.ed.gov/offices/education-stabilization-fund/elementary-secondary-school-emergency-relief-fund/.
New
Competitive Grants for COVID-19 Relief
Also
on Monday, Secretary DeVos announced a $307 million grant competition authorized
by the CARES Act to support states with the highest coronavirus burden. ED has
allocated $180 million for what it has dubbed Rethink K–12 School Models Grants and
$127.5 million for Reimagining Workforce Preparation Grants.
State
education agencies can apply for a Rethink K–12 School Models Grant in
three categories aligned with Secretary DeVos’s priorities: (1) microgrants for
families to ensure access to technology, (2) statewide virtual learning and
course access programs, and (3) new models for providing remote education. Grants
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