On February 15, the House of Representatives held a subcommittee hearing on “Providing Vulnerable Youth the Hope of a Brighter Future Through Juvenile Justice Reform.” Chaired by Rep. Todd Rokita (R-Ind.), the hearing included testimony from four witnesses, Meg Williams of the Colorado Department of Public Safety; Chief Patrick J. Flannelly of the Lafayette Police Department in Indiana; the Honorable Denise Navaree Cubbon, Administrative Judge in Lucas County, Ohio; and Matt Reed, executive director of the YMCA in Louisville, Ky.
Witnesses discussed ways to reform the country’s juvenile justice system to promote safe communities and set at-risk youth on the pathway to success. The press release for the event tells the story of a young person’s changed trajectory as a result of preventative intervention:
Mr. Reed’s testimony discussed his work with at-risk youth for more than 20 years. He said effective and evidence-based solutions play an important role in keeping kids out of the juvenile justice system. Reed shared the story of 12-year-old Cassidy, who grew up in a troubled home where drug dealing and usage often occurred. In the summer of 2012, as a freshman in high school, Cassidy was arrested after her home was raided by law enforcement. “[Cassidy’s] mom had refused to give up any of the dealers, choosing instead to pin it on Cassidy,” Reed said. “She watched her daughter taken off in handcuffs.”
As the charges were resolved, Cassidy went into the YMCA’s shelter program and soon moved in with her grandparents. She began working with a case manager at the YMCA’s Safe Place—spending several months in counseling and at family team meetings. Cassidy also participated in community service at the YMCA and committed herself to extra tutoring. As a result of these efforts, her life began to improve. “Cassidy received her high school diploma in August of 2014,” Reed said, explaining the value of community-based programs. “She indeed went to college and is enrolled today at the University of Louisville.”
The House hearing is seen as a step toward the 115th Congress passing reauthorized and updated Juvenile Justice and Delinquency Prevention Act (JJDPA) legislation, which saw a near miss in the 114th Congress when a JJDPA bill—which included updates supporting the preventative and restorative roles afterschool and community-based programming like YMCAs can play in youth development—passed the House, but did not pass the Senate.
The Senate will be holding its own committee hearing on the JJDPA legislation, “Improving Outcomes for Youth in the Juvenile Justice System,” on Tuesday, February 28.
It’s February, which technically means it's time for the release of the president’s budget proposal for the upcoming fiscal year. Under new administrations, the budget proposal release date is often pushed back to give the incoming president time to put together a cabinet first. Meanwhile, the budget and appropriations process hasn’t operated as it technically should for years. Adding to the confusion, Congress still needs to finalize FY2017 spending, which currently expires April 28.
All of this brings us to where we are today. Here's what we know so far about how the fiscal year 2018 (FY2018) budget and appropriations process may roll out in the coming year.
The president’s budget
With the president’s budget director nominee Mick Mulvaney (R-S.C.) narrowly confirmed this week, publications like The Hill and conversations around the halls of government suggest that the President is expected to release a “skinny budget”—a condensed list of major budget priorities—within the next month.
A complete budget request detailing the president’s desired expenditures and funding levels for all government departments and programs may be released late in the spring, but timing for the release is very much up in the air.
Last September and again last December, Congress passed continuing resolutions (CRs) to keep the government operating because they could not complete a final FY17 budget. After the election in November, a decision was made to “kick the can down the road” to the new Congress to finalize spending levels for the fiscal year that began on October 1, 2016. These CRs have maintained federal spending at FY16 levels.
The CR passed last December is set to expire on April 28, when Congress will again decide whether to complete spending bills for FY17 by passing individual spending measures or passing an omnibus bill, or to simply continue the CR through the end of the fiscal year on September 30.
If Congress does decide to extend the CR—which currently appears most likely—they will need to consider how to handle recently passed legislation that authorizes funding changes. For example, the Every Student Succeeds Act, which passed in December 2015, consolidates certain education programs that formerly had independent funding streams, and it creates new programs as well. As the law goes into full force in the FY18-19 school year, the government will allocate funding on July 1 and will need to know how much to allocate to which programs. For this reason, Congress must include in a full year CR a number of “anomalies” or changes that reallocate funds.
If Congress decides instead to pass individual appropriations bills, rather than a final CR, it will require reconciling the funding differences between House and Senate funding bills passed by the Appropriations Committees in last year’s 114th Congress. The House appropriations bill maintained the current funding level for 21st Century Community Learning Centers; however, the Senate bill appropriated only $1.050 billion for the programs, a potential cut that would eliminate programming for hundreds to thousands of students in each state and more than 100,000 students across the nation. The new Congress and reconstructed committees in each Chamber may also require additional compromises if new bills are to be passed and reconciled.
As it completes its work on funding for FY17, Congress is also tasked to begin its work on the FY18 budget and appropriations bills, a process that usually begins early in the spring after the president’s State of the Union address. Since there is no baseline yet for FY17, beginning a new process will be challenging. However, one key decision has taken place: the selection of new committee members for the House (R and D) and Senate (R and D) Appropriations subcommittees for Labor, Health and Human Services (LHHS).
Recently, we have heard from advocates who have met with members of Congress that finding funding for the president’s expected priorities, such as increasing defense, building a border wall, and infrastructure, could make for a very tight funding landscape. In addition, sequestration will return in FY18 with about a three percent cut from FY17 in domestic discretionary spending caps.
What will this mean for afterschool?
Because federal funding for afterschool programs is dispersed on July 1, prior CRs did not affect program funding levels. However, the competing priorities and uncertainty around the appropriations process this year make it an important time to reach out. Even those policy makers who have been avid supporters of afterschool in the past may feel stressed by other funding priorities. Your work to thank supporters and garner new advocates will be essential to sustaining afterschool funding.
What can supporters do to help?
Friends of afterschool, advocates, program staff, parents, mayors, law enforcement officers, community members, and school board members can all let their members of Congress know how important these programs—and the federal supports for them—are to their students, families and communities.
Keeping afterschool at the front of your legislator’s mind and helping him or her understand the impact of this federal support in your community helps ensure they can’t easily make drastic funding cuts to programs when push comes to shove at the negotiating table. They will be able to envision your student, program, and story and the impact this funding has on their constituents and will be reluctant to cut funding—and be more likely to advocate for it to remain.
Write a letter to tell your story. Attend a town hall meeting scheduled to be led by your representative in your community. Make a phone call. Visit lawmakers' district offices or the Washington, D.C. offices of all your representatives. Invite them to visit an afterschool program. Then ask your friends and partners to do the same.
Keep the field and your community alert, too. Write to your local newspapers to showcase and highlight the benefits of afterschool programs in your area. Keep your networks strong and your voice heard. It is going to be a complicated year, but clear voices with a clear message will continue to be heard.
By Ellen Fern, Managing Director at Washington Partners
On Tuesday, February 7, the House of Representatives voted to overturn Obama administration regulations regarding accountability under the Every Student Succeeds Act (ESSA) as well as regulations relating to teacher-preparation programs.
H.J.Res.57, which would overturn regulations regarding accountability under ESSA, passed by a vote of 234-190. A few more Democratic members signed on to pass the resolution overturning teacher-preparation regulations, H.J.Res. 58, by a vote of 240 – 181. Both regulations were subject to the Congressional Review Act (CRA), which allows lawmakers to overturn regulations from the previous administration within a certain period of time.
The CRA has never been used on education regulations, so if the regulations are overturned via a similar vote in the Senate, it is unclear how the Department of Education would proceed as far as issuing guidance or new regulations. If the regulations are overturned, the Department will be barred from issuing "substantially similar" regulations on these two issues before lawmakers reauthorize the Elementary and Secondary Education Act and the Higher Education Act, respectively. At the very least, if the accountability regulations are overturned, the deadlines of April 3 or September 8 for states to submit ESSA plans for Education Department approval, with implementation to start in the 2018–19 school year, would most likely disappear, too.
The Promoting Affordable Childcare for Everyone (PACE) Act of 2017 has been introduced in the 115th Congress by Senate co-sponsors Angus King (I-Maine) and Richard Burr (R-N.C.). In a statement about the bill, the senators expressed concern that low-income families are now spending more than 30 percent of their incomes on child care costs.
The legislation (as explained in a summary of the act) would make important changes to the current Child and Dependent Care Tax Credit (CDCTC) aimed at broadening supports for families with childcare needs. The bill includes provisions for:
- Refundability so that low-income families would be able to benefit even if their tax contribution would be too low to allow the benefit of a credit. The Tax Policy Center has a good explanation of the difference between a deduction, credit, and refund.
- Phased credit levels that begin as high as 50 percent and range down to 35 percent for higher income-families.
- Inflationary adjustments that consider the increasing costs of childcare.
The legislation would also make changes to Dependent Care Flexible Spending Accounts (FSAs) by:
- Increasing contributions from $5,000 to $7,500 annually that can be set aside pre-tax.
- Tying the new $7,500 cap to inflation to account for increasing costs.
The bill would help families with school-age children cover the cost of afterschool and summer learning programs for children up to the age of 13.
The bipartisan bill’s introduction in the Senate comes on the heels of President Trump’s child care proposal, unveiled last fall during the presidential campaign, and developed in partnership with his daughter Ivanka. In mid-January, before taking office, Trump’s transition staff met with the Ways and Means committee to discuss the proposal which, in combination with new maternity leave provisions, would have a $300 billion price tag according to CNN reports.
Trump’s proposal would alter the Child and Dependent Care Tax Credit so that any couple earning up to $500,000 (or individual earning up to $250,000) would be able to deduct up to the average cost of child care in their state. Additionally, low-income families that benefit from the Earned Income Tax Credit would be eligible for rebates of up to $1,200. The New York Times reports that families would choose between the new rebate for low-income families or the old CDCTC, so that additional benefits to these low-income families would be slight.
Trump’s modifications to Dependent Care Savings Accounts, according to a CNBC article, would match at 50 percent a low income family’s saving up to $1000 for these tax-deductible accounts. The accounts could be saved and withdrawn tax free so long as they were spent on eligible expenditures such as “traditional child care, afterschool programs, and school tuition.” Tax analysts reported that this provision would also have greater effects for higher income tax-payers.
The White House “Issues” webpage does not currently list child care as a policy issue.
On February 7, the Senate voted to confirm Elisabeth (Betsy) DeVos as the new U.S. Secretary of Education (learn more about Secretary DeVos). Trump’s controversial nominee for the cabinet position received 50 votes in favor of her confirmation and 50 against. The vote that ran along party lines, with the exception of Sens. Lisa Murkoswki (R-Alaska) and Susan Collins (R-Maine), who broke from their party to vote “no.” The tie was broken in favor of DeVos by Vice President Mike Pence, marking the first time a cabinet nominee has been confirmed as a result of the vice president’s vote.
The confirmation caps off a contentious process that began soon after Trump announced his nominee. DeVos provided oral testimony in a Senate hearing on January 17. She then submitted responses to a reported 1,400 additional written questions submitted by members of the Senate.
Secretary DeVos has applauded the benefits of afterschool and STEM in her written responses, some of which were posted on The Washington Post’s Answer Sheet blog. A question from Sen. Al Franken (D-Minn.) referred to his work on reauthorizing the 21st Century Community Learning Center initiative in the Every Student Succeeds Act and asked DeVos how she planned to “support rich high quality learning experiences for students.” DeVos responded:
After-school programs are critical to the safety and continued learning for many students. There are many programs offered by wonderful local community groups and schools that offer valuable opportunities for learning. As you noted, the Every Student Succeeds Act included the reauthorization of the 21 Century Community Learning Centers, a program that helps to provide after-school services to many children. If confirmed, I will implement the law as intended and funded by Congress, including the 21 Century Community Learning Centers program.
On January 19th, the National School Boards Association and the National School Boards Action Center hosted the Public Education Agenda for America's Success forum. Representatives from both conservative and liberal policy and research institutes came together in Washington, DC to discuss what to expect under a new administration and Congress.
The 2016 presidential campaign did not focus much on education issues, aside from a few conversations around child care and school choice. However, Gerard Robinson of the American Enterprise Institute (AEI) mentioned that while education has not been a direct focus of President Trump’s attention, many of his priority issues—including safety, the economy and the military—are, in truth, education issues.
Based on what we know so far about the Trump Administration's education agenda and how it relates to out-of-school time, a couple of key themes emerged.
Federal government expected to pass the baton to the states
Many on the panel assumed the Trump Administration will look to return as much decision-making on data, performance, and implementation as possible to states, which resonates with the theme of the Every Student Succeeds Act passed by Congress and signed by President Obama in 2015.
All panelists expected a return to local control—but as AEI's Andy Smarick hypothesized, the very concept of local control may be changing. In the past, local control meant the ultimate decision makers on education issues should be local school boards and districts rather than the state or federal government, but Smarick now believes local control is reaching down to the level of the parent and family.
However, other panelists pointed out that with federal and state money flowing to districts and students, accountability in education will always have to be twofold: at the school and parent level with regard to student achievement, but also at the federal, state, and local level when considering how public tax dollars are being spent in the public interest.
|President Obama signs the Every Student Succeeds Act into law.|
In the New Year, states are busy getting ready for the new federal education law, the Every Student Succeeds Act (ESSA), to go into full effect with the start of the new 2017-18 school year.
In these final months of preparation, states are finishing first and second rounds of stakeholder engagement, releasing first and second drafts of their state ESSA plans, and finalizing plans and submitting to the federal Department of Education for review. Arizona already has submitted a plan—far ahead of the required April and September deadlines for plan submission.
At this stage, things are moving quickly—luckily, it's easy to keep up with what your state is doing with our new interactive map tool! This new resource puts links to state webpages and ESSA plans at your fingertips.
What are states working to accomplish?
The new law is an opportunity to re-envision education within the state. Unlike the previous federal education law, No Child Left Behind (NCLB), ESSA provides more flexibility to states to decide what they want to track and measure beyond the familiar requirement of student proficiency on statewide English language arts (ELA) and math tests.
Guided by stakeholder engagement, states are determining the outcomes they want to see for their students and creating a system of reporting, interventions and support to ensure that districts and schools help students make progress toward those goals.
|President Obama signing the Every Student Succeeds Act into law.|
On November 29th, the Department of Education issued final regulations on accountability, school support, data reporting, and consolidated state plan provisions under the Every Student Succeeds Act (ESSA). The regulations strengthen the voices of afterschool advocates who recognize the importance of being included in state plans by reinforcing the importance of stakeholder involvement, awareness of equitable resources, and state and local flexibility in decision making.
The new regulations responded to more than 20,000 comments on the draft regulations (including a submission by the Afterschool Alliance), in some cases clarifying the law, in other cases explaining the decision to not take action, and occasionally suggesting that more information would come in the form of non-regulatory guidance. We’ve identified the following five areas in the regulations where afterschool may play a major role.
What the law says: The regulations emphasize “working closely with stakeholders to choose evidence based interventions that are tailored to local needs.” The new law also requires states to choose one or more indicators of school quality or student success (like student engagement or chronic absenteeism, for example), which will factor into the overall school score that is reported to parents under the accountability system. The regulations require that these indicators, also known as 5th indicators, have a research base tying them to student learning and achievement, such as improved GPAs, credit accumulation, graduation rates, college enrollment or career success.
Where afterschool fits in: Afterschool programs are a proven way to support students in academics, engagement and behavior. Afterschool advocates should ensure that state and local superintendents and school boards are aware of the research on afterschool’s role in boosting academic achievement and student success. The afterschool field is a well-positioned partner in supporting students and the school system under this section of the law.