Tag Archives: equitable services

Another round of federal stimulus inching closer to reality

Another round of federal relief money is one step closer to becoming a reality, as Republicans in the U.S. Senate on Monday presented their proposal two months after Democrats passed theirs out of the U.S. House of Representatives. With substantial differences between these latest two COVID-19 relief proposals, however, there is much work to be done to negotiate a plan that can pass out of both chambers.

The $1 trillion Republican proposal, dubbed the Health, Economic Assistance, Liability Protection, and Schools (HEALS) Act, includes $105 billion for education, $70 billion of which would go to K-12 schools specifically. However, two-thirds of that funding, roughly $47 billion, would only flow to schools that reopen for in-person instruction and would not be available to schools that only offer virtual instruction in response to high levels of local COVID-19 infections. Schools that delay in-person instruction for safety reasons could receive some of the remaining one-third of the funding that would be split among all schools, regardless of whether they open in-person or through distance methods. Similar to the Coronavirus Aid, Relief, and Economic Security (CARES) Act, signed by President Trump on March 27, the new proposal also includes $5 billion for state governors to spend on K-12 and higher education.

Even though states would receive funds under the Republican HEALS Act proposal based proportionately on their previous school year’s Title I funding, states would have to reserve a proportional portion of the federal funding for private schools. Private schools receiving federal funds would not be subject to the same requirements under the GOP proposal as public schools. The new proposal does not include a requirement to provide “equitable services” to private schools under the new funding as was included in the CARES Act.

The Republican proposal also includes immunity from liability intended to shield school districts and businesses that reopen amid the pandemic from lawsuits by employees or customers who are exposed to the virus or become infected as a result.

Another major headline of the Senate plan includes lower monthly unemployment payments. Payments would decrease from the current $600 per week down to $200, which could be combined with state unemployment benefits for up to 70% of a person’s wages before losing their job due to the pandemic. Those unemployment payments, created by the CARES Act in March, are scheduled to expire this weekend unless extended by Congress. The GOP plan would extend the moratorium on evictions, a provision from the first CARES Act that has already lapsed, and would provide another round of stimulus checks using the same criteria as under the CARES Act. Each individual earning up to $75,000 per year would receive $1,200, and decreasing amounts would be paid to those earning up to $99,000.

The Republican plan is part of a larger package of legislation that includes a stand-alone voucher bill filed by Sen. Tim Scott (R-SC) and cosponsored by Sen. Lamar Alexander (R-TN) that would create a permanent program providing up to $5 billion in tax credits for contributions to scholarship-granting organizations (SGO) that transfer public school dollars to private institutions. This is a perennial proposal advocated by U.S. Secretary of Education Betsy DeVos in her quest to privatize education. The new voucher bill would also direct emergency education funding meant for public schools to SGOs for private use. Expansion of these voucher programs remains a top priority of the Trump administration and Secretary DeVos, as they continue using the pandemic to promote these proposals despite repeated failures to pass them through the Congress.

The House, under Democratic leadership, passed the $3 trillion Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act back in May. The House bill would provide $90 billion directly to education, including $58 billion for all K-12 schools. Unlike the Senate plan, the House bill provides a separate $950 billion in emergency funding to state and local governments aimed at preventing budget shortfalls that could lead to layoffs of teachers and other public employees.

The HEROES Act would also provide another round of stimulus checks to individuals, and would additionally raise the payout for each dependent to $1,200 up from $500 under the CARES Act. The bill would extend the full $600 weekly unemployment payments into next year, extend the suspension of student loan payments, provide up to $10,000 in student debt relief, and prohibit Secretary DeVos from imposing restrictions on populations of students who receive emergency financial relief under the CARES Act.

Each of these proposals represents the opening bid in negotiations between the two chambers and the Trump administration. Senate Majority Leader Mitch McConnell (R-KY) has expressed a desire to vote on the Senate bill before members leave for recess August 7. The Senate bill was originally expected to be unveiled last week, but was reportedly delayed amid ongoing negotiations with the White House, which supports the Senate’s proposal. House Democrats passed their bill in May, but Senate Republicans ignored it and declined to take action on another relief package until recently.

Federal relief for schools would come at a critical time as the 2020-21 school year begins. Regardless of whether instruction is being delivered virtually or in person, school buildings across Texas will once again fill with teachers and staff, necessitating costly safety protocols. Virtual instruction poses added technology costs to districts, which are already looking at potential budget shortfalls due to declining tax revenues caused by the pandemic-induced recession.

Texas is estimated to face a $4.6 billion budget shortfall by the end of 2020, and the 2021 legislative session is already expected to feature drastic cuts in state spending. Federal relief dollars would go a long way in reducing the pressure to cut education spending here in Texas. House Democrats, Senate Republicans, and the president all will have to approve any additional relief package from Congress.

Teach the Vote’s Week in Review: June 26, 2020

The education community saw a whirlwind of news this week as multiple pieces of guidance were released from the Texas Education Agency regarding the return to school in the fall, including a draft public health document that was posted online and promptly taken down. In this week’s wrap-up, the ATPE Governmental Relations team will fill you in on the latest happenings.


CORONAVIRUS UPDATE: It was gone in the blink of an eye. On Tuesday of this week, the Texas Education Agency (TEA) posted a draft public health guidance document, seemingly by mistake. By the time it was taken down, the guidance had been widely circulated in the education community, and many were not happy with the lack of attention it paid to the worsening coronavirus numbers in Texas. Featured in a story by ABC affiliate KLTV-7 in East Texas, ATPE Senior Lobbyist Monty Exter said, “…while we would like for the state to give teachers and districts guidance in an expedient fashion, we’re glad that the draft put up yesterday is not the final product.”

As reported by the Texas Tribune, the guidance largely focused on suggesting health and safety practices to districts rather than mandating them, reflecting Commissioner of Education Mike Morath’s statement last week that it “will be safe” to return to in-person classes in the fall. Morath has since appeared to walk back that sentiment as the state’s coronavirus numbers have worsened, and the agency has said it is still soliciting feedback and developing the final guidelines. Unfortunately, this week’s developments provide little solace to educators feeling anxiety about returning to school since Gov. Greg Abbott’s announcement last week that in-person classes will resume this fall.

ATPE continues to meet with legislators, other stakeholder groups, and policymakers at the local, state, and federal level to share our members’ feedback about the return to school. We released a statement on TEA’s draft health guidance document this week, in which we strongly urge the state to require stronger actions to ensure the safety of school employees and Texas students. ATPE also asks school districts to listen to their employees and the recommendations of medical experts regarding the impact of the pandemic in their area as they implement their back-to-school safety protocols. In the statement, ATPE Executive Director Shannon Holmes says, “Elected school boards and superintendents now face a difficult balancing act between preventing COVID-19 outbreaks and ensuring children are in the most productive learning environment possible—a physical classroom with an in-person teacher. They deserve to have support and actionable guidance from the state of Texas.” Read more about ATPE’s response in this blog post by ATPE Governmental Relations Director Jennifer Mitchell.

Gov. Abbott gives a COVID-19 update on June 22, 2020

At the gubernatorial level, Gov. Abbott took several actions this week in response to a growing positivity rate for the coronavirus. As ATPE Lobbyist Mark Wiggins reported here on Teach the Vote, Abbott strongly encouraged (but did not mandate) wearing masks in his press conference on Monday. By Thursday, the governor had decided to halt the state’s reopening plans, calling for cancellation of elective surgeries and by Friday, closing bars and reducing restaurant capacity to 50%.

Be sure to check the ATPE Coronavirus FAQ and Resources page, which offers answers to common educator questions related to returning to school in the fall, health and safety concerns, laws governing sick leave, and more. ATPE is continuing to update this page on a daily basis as new developments occur.


ELECTION UPDATE: Are you ready to vote? Get your hand sanitizer, stylus (a pencil with an eraser works), and mask ready! Early voting for the primary runoffs and the Texas Senate District 14 special election begins this coming Monday, June 29, and continues through July 10. Texas Secretary of State Ruth Hughes reiterated this week that voters should aim to vote early to avoid election day crowds, utilize curbside voting if possible, and follow  minimum safety guidelines released by her office in May. Read more in this blog post by ATPE Lobbyist Mark Wiggins.

ATPE reminds voters that a decrease in election poll workers has reduced the availability of polling sites in some areas. Click here to find early voting sites near you, and check your county’s election website for wait times during voting hours. The League of Women Voters vote411.org site has a personalized sample ballot generator and more! Lastly, check out candidate profiles here on Teach the Vote. Thank you for your commitment to voting, and stay safe!


This week TEA (intentionally) posted guidance on remote learning and attendance/enrollment for the 2020-21 school year, which gave districts a better idea of how they may operate this fall and how they will be funded. The agency gave districts two main options for remote learning that are differentiated by whether or not a student receives real-time, teacher-lead instruction. Additionally, the models have different ways of documenting student engagement for purposes of taking attendance. The agency plans to hold districts harmless for attendance for the first two six weeks, but this may not be enough to provide stability to districts in such an uncertain situation. Read more on the remote learning guidance in this blog post by ATPE Lobbyist Andrea Chevalier.

TEA also updated several other coronavirus resources this week, including personal protective equipment (PPE) updates, updates to general support (family mental health flyers and new child care emergency rules), “Strong Start” planning and survey tools, several updates to waivers, finance, and grants (new answers to equitable services FAQ, remote learning, attendance, missed school days, and more), and school nutrition (new letter to families on the P-EBT application).


Betsy DeVos

U.S. Secretary of Education Betsy DeVos announced that the Department of Education will release a final interim rule on how public school districts must spend their federal emergency dollars under the CARES Act for equitable services provided to private schools. The rule, which is unofficially published for now, gives districts more flexibility than what was originally indicated by the department; but the new rule still misses the mark in its obvious intent to expand private school access to public school resources, using the department’s strained interpretation of the CARES act. Read more about what the new rule entails in this blog post by ATPE Lobbyist Andrea Chevalier.


Texas 2020 Census response rates by county as of June 25, 2020

The decennial U.S. Census is crucial to ensuring adequate funding and programming for roads, infrastructure, our public schools, and so much more. The current national response rate for the 2020 Census shows that 61.7% of households have responded to their census. At 56.3%, Texas doesn’t have the lowest response rate in the country, but we still have a long way to go.

The update/leave process is now underway, so you might see census workers in your neighborhood visiting households that have not responded yet. Find upcoming events, training, tool kits, and other resources at Texas Counts. Here are two things you can do to help Texas shine on the 2020 Census:

  1. Text or call your family (even those great aunts) and friends and ask them if they have filled out the census. Walk them through the process if not. We have until October 31 to self-respond!
  2. Pop a census reminder in student materials and family communications or staple to school lunch bags on a regular basis and make sure parents count even their youngest babies on the census.

Dispute over CARES Act funding for private schools intensifies

Secretary DeVos testifies before U.S. House Appropriations subcommittee, Feb. 27, 2020.

U.S. Secretary of Education Betsy DeVos issued guidance in late April that directed public school districts to use their federal emergency funds under the CARES Act to provide “equitable services” to all non-profit private school students in their bounds. After building strife among education stakeholders and leaders, DeVos has now announced that her department will be “issuing a rule on the topic in the next few weeks and inviting public comments.”

There are two main differences between DeVos’s new interpretation of equitable services under the CARES Act and its strict interpretation under federal education law. Under various titles of federal education law (Title I, Part A; Title II, Part A; Title III, etc.), a school district’s duty to provide equitable services is based on students residing in a public school’s attendance area and the proportion of children who meet the criteria of that title, such as students who are from low-income families, migrants, or English language learners. The provision of services, such as tutoring or teacher professional development, is meant to make the private school option commensurate with the public school option for those students. DeVos’s novel interpretation argues that these eligibility criteria don’t apply for CARES Act funds, even though 90% of the funds are distributed by Title I formulas.

As reported last week by Politico, U.S. Senator Lamar Alexander (R-TN), who chairs the U.S. Senate Health, Education, Labor, and Pensions Committee, agrees with many others that DeVos’s interpretation differs from what Congress intended. “My sense was that the money should have been distributed in the same way we distribute Title I money,” said Alexander, adding, “I think that’s what most of Congress was expecting.”

DeVos has received negative feedback on this issue from members of Congress, state education leaders, and other groups. Among them is the Council of Chief State School Officers (CCSSO), which has argued that the department’s new interpretation is inequitable. Some states, including Maine and Pennsylvania, for instance, have decided to ignore the secretary’s guidance. Others such as Tennessee and Texas plan to require their school districts to heed the secretary’s recommendations, as we have reported here on Teach the Vote. The threat of rulemaking to formally codify DeVos’s interpretation is clearly meant to bring in line those jurisdictions that have objected to expanding the CARES Act funding eligibility.

In a May 22 letter (written in the form of a reprimand), DeVos responded to the opposition from CCSSO, using it as an opportunity to announce her intent to initiate the rulemaking process. The announcement marks a shift in tone and intensity, as the department’s move to a formal rule instead of guidance is much more binding. In the letter, DeVos argues that for purposes of the CARES Act, an interpretation of equitable services that only acknowledges students traditionally served by the provision under federal education law would discriminate against all other private school students, including those who are wealthy or otherwise advantaged. The secretary notes that 90% of the emergency funds appropriated by Congress through the CARES Act are directed toward public school students. While seemingly acknowledging that the CARES Act funds were based on the enrollment of students in public schools and flow through a Title I-based formula, DeVos insists in her letter that all students have been impacted by the pandemic. “The virus affects everyone,” writes the secretary.

As many educators know, equity is not equality. Equity makes up for inequalities in society by directing more resources and supports to those who need them the most. Providing “equitable services” to advantaged students on the grounds that these students are otherwise being discriminated against effectively nullifies the entire intention of equity. The federal government’s new approach to equitable services is actually more likely to widen the opportunity gap between our nation’s students.

ATPE has already communicated with our state’s congressional delegation about this issue will continue follow the rule-making process closely as it develops. Check back on Teach the Vote for updates and follow Teach the Vote on Twitter.

Teach the Vote’s Week in Review: May 22, 2020

As the 2019-20 school year winds down, state leaders continue to open Texas back up. While parents, students, and teachers focus on end-of-year tasks and COVID-modified celebrations, many education leaders are already focused on summer learning and how school will roll out next fall. This Memorial Day weekend, we hope our readers will get to take a much deserved break before starting the next chapter.


Gov. Abbott’s May 18th press conference

CORONAVIRUS UPDATE: On Monday, May 18, Gov. Greg Abbott held a press conference to announce the further reopening of Texas. Child care centers and youth clubs were allowed to reopen that day, and businesses were allowed to have a limited number of employees back in the office. Today, restaurants may increase their capacity to 50% and bars can open at 25% capacity. On May 31, day camps and certain professional sports (without in-person spectators) can resume activity.

On June 1, schools can reopen to students, according to the governor, but with enhanced safety measures and physical distancing requirements in place. As noted in this article from the Texas Tribune republished on our site this week, Texas schools cannot require students to attend in the summer. Districts can make summer school attendance a condition for grade promotion, but only if they offer a distance learning option.

In conjunction with the governor’s announcement about summer school, the Texas Education Agency (TEA) outlined health and safety considerations for reopening schools next month, such as taking students’ temperatures daily and having students eat lunch at their desks. These overlap with the more comprehensive CDC school considerations, which also emphasize using masks and direct school systems to train their staff, have a back-up staffing plan, and strengthen paid/sick leave policies.

For more coronavirus-related resources from TEA, click here. Visit ATPE’s frequently updated Coronavirus FAQ and Resources page and follow the ATPE lobby team via @TeachtheVote on Twitter for developments on the response to COVID-19. Also, check out our recent recap of legislative and regulatory developments impacting Texas and education since the pandemic began.


The Texas Education Agency (TEA) is attempting to respond to numerous questions about what next year’s school calendars will look like. Commissioner of Education Mike Morath has spoken several times recently about flexible school years, urging schools to consider starting the 2020-21 school year earlier, ending it later, and building in flexible “breaks” to accommodate pandemic-related issues.

TEA’s new school calendar FAQ stresses that calendar changes are local school board decisions, but that the calendar is a “key lever” in addressing student learning loss, even if this causes financial strain on the district. Teacher pay and contracts are also briefly addressed in the new FAQ, which states that, “in most cases, a district can require its teachers to work the extra days if the district: 1) provides additional compensation under existing contracts that permit extended calendar/number of days worked flexibility to the teachers for the extra time required to complete the adjusted school year; and 2) extends by agreement the existing teacher contracts to address the extra time and any associated compensation.”

ATPE member and former Texas Teacher of the Year Stephanie Stoebe told CBS Austin news this week, “I could support us having longer breaks. I could support year-round school, but I definitely believe we need to be in the classroom.” Also featured in the story, ATPE Governmental Relations Director Jennifer Mitchell noted that difficult school calendar decisions involve considerations such as childcare arrangements and the potential need for more funding that some districts may not have. Read ATPE’s recent press statement about school calendar concerns here.


TEA released new guidance yesterday on CARES Act funding for school districts, which includes information about using federal stimulus funds to provide services to private school students and the ability of districts to use the emergency funds to supplant, not supplement, obligations in their current budgets.

Commissioner Mike Morath

As expected, Texas Education Commissioner Mike Morath sided this week with U.S. Secretary of Education Betsy DeVos’s interpretation of “equitable services” under the CARES Act. DeVos asked states to instruct their public school districts to use Title-I-based federal emergency education funds to provide services (such as teacher professional development and technology) to all non-profit, private school students in their bounds, regardless of income or student residence location. This interpretation differs from the long-established intent behind the equitable services provision in Title I of federal education law, which requires equitable services only for students who reside within a public school’s attendance zone located in a low-income area and are failing or at risk of failing to meet achievement standards.

Read more about the development in this Teach the Vote blog post.


ELECTION UPDATE: The on-again/off-again saga of mail-in voting in Texas continues, but appears to be off again for now. The Texas Supreme Court heard arguments this week on whether to expand mail-in voting in light of concerns about the spread of COVID-19. A state district court and appellate court both ruled in favor of expanding mail-in voting, but Texas Attorney General Ken Paxton (R) appealed the rulings.

Also this week, a federal judge ruled that the state’s current restrictions on voting by mail violate the Equal Protection Clause of the U.S. Constitution and that all registered voters in Texas could apply to vote by mail. Again, at the request of Paxton, the U.S. Fifth Circuit Court of Appeals agreed one day later to temporarily stay the expanded vote-by-mail ruling while it decides whether to substantively overturn the decision.

Read more on the dispute in this week’s Texas election roundup blog post from ATPE Lobbyist Mark Wiggins.


Gov. Greg Abbott, Lt. Gov. Dan Patrick, and Speaker of the House Dennis Bonnen (R-Angleton) sent a letter this week to state agencies and institutions of higher education asking them to submit a plan to reduce their budgets by 5% for the current biennium.

State leaders suggest cutting administrative costs that are not “mission critical.” The Foundation School Program, school safety, and employer contributions to the Teacher Retirement System, among other essential government functions, are excluded from the call for a reduction.

Looking ahead to the next two-year state budget that lawmakers will adopt in 2021, the letter from “the big three” leaders also warns of additional belt-tightening in the months ahead.

“Every state agency and institution should prepare to submit reduced budget requests as well as strategies to achieve further savings. Furthermore, when the state revenue picture becomes clearer in the coming months, it may become necessary to make additional budget adjustments.”


ATPE wants to hear from you regarding your concerns about returning to campus for the 2020-21 school year. We invite educators to take our short, confidential survey to share your feedback. Your input will help us develop resources and provide support for Texas educators and students during this uncertain time.

This survey is open to any Texas educator, so please share it with your colleagues. The survey may be taken only once from an IP address and will remain open through June 3.