Tag Archives: supplement not supplant

Teach the Vote’s Week in Review: Jan. 20, 2017

Here are education news highlights for this Inauguration Day edition of our wrap-up:


 

President Donald J. Trump took the oath of office today on the steps of the U.S. Capitol. Immediately upon being sworn in as the nation’s 45th president, Trump gave a rather nontraditional inauguration speech more reminiscent of his days on the campaign trail, painting a bleak picture of the current state of U.S. economic affairs and vowing to help America “win again.” On education, Trump made reference to “an education system flush with cash but which leaves our young and beautiful students deprived of all knowledge.” Media pundits were quick to respond that measures such as graduation rates have generally shown improvement despite the fact that a majority of states have decreased their education spending in recent years.

The inauguration festivities this weekend cap off a busy week in Washington, where Trump’s cabinet picks have been undergoing confirmation hearings on the hill. Former Texas governor Rick Perry, nominated to head the U.S. Department of Energy, fielded questions yesterday during a low-key and noncontroversial session with the Senate’s Energy and Natural Resources Committee and is expected to face little resistance to his confirmation. The same cannot be said of Trump’s pick to lead the Education Department (ED). Education Secretary nominee Betsy DeVos failed to temper growing fears at her confirmation hearing earlier this week. The hearing was held late Tuesday in the U.S. Senate Health, Education, Labor, and Pensions (HELP) Committee. While HELP Committee Chair Lamar Alexander (R-TN) praised her nomination and his Republican colleagues on the committee seemed in step with advancing her nomination as early as next week, Democrats expressed serious concerns.

As reported by ATPE Lobbyist Kate Kuhlmann in her full report of this week’s hearing, the questions DeVos refused to answer, or in some cases couldn’t answer, are getting the most attention. She failed to promise to preserve funding for public schools and expressed confusion over the nation’s special education law, the Individuals with Disabilities Education Act (IDEA). Not surprisingly, she also dug in hard on her support for vouchers, refusing to tie apples-to-apples accountability and reporting requirements to public money sent to schools outside of the traditional public school system.

A mandatory ethics review on DeVos was also released today. The review identified 102 potential financial conflicts of interest, from which she has agreed to disassociate. Senators will have until Tuesday to look over information on these conflicts of interest; the committee’s vote is expected to be held that day. Look for more from Kate on the vote and the ethics review next week.

Following the hearing, concerns about DeVos grew outside of the Capitol as well, and the expressed dissatisfaction for her nomination grew significantly on social media. Texans can call or write their senators to register their disapproval for DeVos’s nomination. ATPE members, log in to Advocacy Central to access contact information for Senators John Cornyn (R-TX) and Ted Cruz (R-TX) if you’d like to send a quick message to your senators about Betsy DeVos.

 


U.S. Dept of Education LogoThe U.S. Education Department (ED) wrapped up its final days under the Obama administration this week. As we have been reporting on Teach the Vote, it is the department expected to be headed up soon by billionaire Betsy DeVos, who despite nationwide opposition from the education community has ample Republican support to achieve more than the votes needed for Senate confirmation. In the meantime, though, there will be a very temporary change in leadership at ED. It was announced this week that Phil Rosenfelt, the deputy general counsel for ED, will be the acting secretary between the end of Secretary John King’s term as of today, and the confirmation of ED’s next secretary.

In his final week of work, Secretary King oversaw the issuance of two new non-binding guidance documents (find those here and here) and withdrawal of the controversial proposed rule on “supplement, not supplant.” The latter is a piece of federal law that requires states to show that federal money is only used to bolster a state’s education budget, not replacing any dollars that would otherwise be dedicated to education. ED’s interpretation of the law as it was slightly altered under the Every Student Succeeds Act (ESSA) altered the way states must demonstrate compliance. While the department compromised on many elements of the original proposal as it progressed through the rulemaking process, the latest version still garnered considerable disagreement among stakeholders. Most expected the rule to face elimination under the Trump administration. The department explained that it simply ran out of time under the current administration.

 


Earlier this week, Texas Senate and House leaders shared details on their respective plans for writing the state budget to cover the next two years. ATPE Lobbyist Monty Exter shared highlights of the two proposals in a blog post earlier this week. The Senate Finance Committee, chaired once again by Sen. Jane Nelson (R – Flower Mound), will commence hearings on its budget bill, Senate Bill (SB) 1, next week. The committee is slated to begin taking testimony Tuesday on Article III, the portion of the budget that covers public education, and ATPE’s Exter will be there to share our input. Watch for more coverage of the budget hearings next week on Teach the Vote.

Dollar fanThe House budget proposal calls for spending a bit more money on public education than the Senate’s version, and leaders on the House side have even expressed interest in looking to the state’s Economic Stabilization (“Rainy Day”) Fund for additional resources this session. The House plan includes contingency language that would authorize an extra $1.5 billion for public education if the 85th Legislature passes a school finance bill that reduces recapture and improves equity. As ATPE Lobbyist Mark Wiggins writes for our blog today, increasing the state’s share of education funding is the key to lowering property tax burdens at the local level, and that is expected to be a prominent talking point during Tuesday’s budget hearing.

 


The first major private school voucher legislation was filed this week. Senate Bill (SB) 542 by Sen. Paul Bettencourt, and its companion House Bill (HB) 1184 by Rep. Dwayne Bohac, are a rehash of the tax credit scholarship legislation filed last session by Bettencourt, Bohac, and others. The tax credits for funding scholarships to be used at private schools are one of several varieties of private school voucher that Lt. Gov. Dan Patrick and like-minded senators have been pushing for multiple sessions. While a related voucher bill did pass the Senate in 2015 with significant assistance from the lieutenant governor, Bettencourt and others pushing for privatization found little appetite for vouchers in the House.

ATPE circulated this letter to lawmakers in 2015 opposing similar, though not identical, tax credit voucher bills in the 84th session. ATPE continues to oppose this and all forms of voucher legislation during the 85th legislative session and urges lawmakers in both chambers to do the same this year. For a preview of what is likely to the session’s other primary voucher vehicle, Education Savings Accounts, check out ATPE Lobbyist Monty Exter’s recent blog post, ESAs: A Bad Deal for Students in Need.

CPS square logoRelated: The anti-voucher Coalition for Public Schools, of which ATPE is a member, will hold a legislative briefing and press conference on Monday, Jan. 23. A pro-voucher rally sponsored by Texans for Education Opportunity, Aspire Texas, and other groups is happening Tuesday at the capitol in connection with National School Choice Week.

 


Sen. Larry Taylor

Sen. Larry Taylor

Lt. Gov. Dan Patrick announced his Senate committee assignments for the 85th Legislature this week. There were few changes from last session in terms of committee leadership, with Sen. Larry Taylor (R-Friendswood) continuing to oversee the Senate Education Committee and Sen. Jane Nelson (R-Flower Mound) again chairing the Senate Finance Committee that will write the state’s budget. Sen. Joan Huffman (R-Houston) stays on as chair of the Senate State Affairs Committee, where her bill to take away educators’ right to payroll deduction for their association dues is expected to be heard.

Sen. Lois Kolkhorst (R-Brenham) will no longer serve on the Senate Education Committee, having been tapped instead to chair the Senate Committee on Administration. She is one of three senators from last session’s education committee roster being replaced; also gone are Sens. Sylvia Garcia (D-Houston) and Jose Rodriguez (D-El Paso). The new senators joining the education committee this year are Bob Hall (R-Edgewood), Brian Hughes (R-Mineola), and Carlos Uresti (D-San Antonio). These appointments reflect the lieutenant governor’s decision to change the Republican-Democratic split on the committee from 7-4 back in 2015 to its new party breakdown of 8-3. Patrick also stacked the committee with several supporters of privatization, hoping to clear a path for his priority voucher legislation to move quickly through the Senate.

For more on the Senate committee announcement and a link to the full roster, check out this week’s blog post from ATPE Lobbyist Kate Kuhlmann. House committee assignments have not yet been released.

 


17_web_Spotlight_ATC_RegistrationOpenFinally, ATPE members are reminded to register for ATPE at the Capitol, our upcoming political involvement training and lobby day event in March. This is the best chance for educators to learn more about the high-profile education bills being deliberated this session with presentations from ATPE’s lobbyists and legislative leaders like Senate Education Committee Chairman Larry Taylor. Best of all, ATPE members will be empowered to add their voices to the debate, meeting with their lawmakers face-to-face on Monday, March 6, at the Texas State Capitol. The registration deadline is Feb. 3, and complete details for ATPE at the Capitol are available on our website here.

Congressional subcommittee to examine federal education funding rules tomorrow

United States Capitol BuildingThe U.S. House Committee on Education and the Workforce will meet tomorrow in Washington, D.C. to discuss a new proposed funding-related rule by the U.S. Department of Education (ED). The “supplement, not supplant” regulatory proposal is part of ED’s implementation of the Every Student Succeeds Act (ESSA) passed by Congress last year to reauthorize the country’s premier federal education law, the Elementary and Secondary Education Act (ESEA). On Wednesday, Sept. 21, the Subcommittee on Early Childhood, Elementary, and Secondary Education, chaired by Rep. Todd Rokita (R-IN), will hold a hearing entitled, “Supplanting the Law and Local Education Authority Through Regulatory Fiat.”

As described in a press release from the committee announcing tomorrow’s hearing, “The Department of Education has released a proposed rule changing the longstanding requirement that federal funds supplement—not supplant—state and local funds. Concerns have been raised that the department’s unprecedented regulatory proposal does not adhere to the letter and intent of the law and will have significant consequences for students and schools.” Scheduled witnesses have not yet been announced, but the hearing will be live-streamed starting at 10 a.m. Eastern/9 a.m. Central on Wednesday, Sept. 21. Stay tuned to Teach the Vote for updates on ESSA implementation.

Federal Update: ESSA implementation and school nutrition

ThinkstockPhotos-97653570-USCapThis week the U.S. Senate Committee on Health, Education, Labor and Pensions (HELP) held the third of its six expected hearings aimed at monitoring implementation of the Every Student Succeeds Act (ESSA). The hearing was focused on gathering input from stakeholders on the U.S. Department of Education’s (ED) handling of implementation of the new law.

The invited panel of testifiers represented teachers, state and local education agencies, the civil rights community, academia, and parents and other advocates. The vast majority of the hearing was focused on ED’s proposed “supplement not supplant” rule, which is based on language in law that says states cannot use federal money to replace money that would otherwise be spent by the state. (As a reminder, ED turned to a process known as negotiated rulemaking to write rules for the “supplement not supplant” and assessment language in ESSA. The committee assembled for this process was only able to agree on the assessment piece, leaving “supplement not supplant” rule language in the hands of ED. Catch up here.) While the language seeks to provide equity among Title 1 and non-Title 1 schools through a dollar-to-dollar comparison, the panelists cited numerous unintended consequences that could be caused by the proposal as written, such as altering teacher hiring practices and placing burdensome requirements on schools and districts.

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The issue of “supplement not supplant” is an ongoing issue that is sure to remain a hot topic in Washington, D.C.. Last week, the Congressional Research Service (CRS), the nonpartisan research and analysis arm of the U.S. Congress, released a report that concluded the language initially proposed by ED could set up a legal challenge based on limited statutory authority. Republican education leaders in Congress were quick to praise the report while ED defended its rule saying it had an obligation to provide clarity where the law is silent. There is agreement from some stakeholders that clarity is needed. A group of over 600 educators teaching in Title 1 schools sent a letter to ED last week that expressed the need for strong and fair regulations on the issue. That letter follows two other recent support letters sent to the department from a group of nine Democratic senators and a host of civil rights groups.

ED also announced yesterday that rule proposals pertaining to the innovative assessments pilot and accountability portions of the new ESSA law would be released in July and June, respectively.

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In the other chamber of Congress, the House Committee on Education and the Workforce was focused this week on a bill to reauthorize the national school lunch program. The committee held a mark up Wednesday on H.R. 5003, the Improving Child Nutrition and Education Act of 2016. The bill was ultimately voted out of committee by a vote of 20-14, but not without debate in and outside of the Capitol. On Tuesday, the day prior to the hearing, a substitute bill was unveiled that included a block grant pilot program for three states. The addition, which was pushed by conservative lawmakers and advocates, has critics concerned it’s a first step in cutting federal funding and participation in school nutrition programs.

While the program does include some positive aspects, such as more money for school breakfasts, it also limits a program that allows some schools to provide universal free meals to students. The Senate Agriculture Committee has already passed its version of the reauthorization bill; the Senate version represents a compromise between advocates, lawmakers, and the administration.

More will unfold on both issues. Stay tuned to Teach the Vote for updates on these federal topics and more.