Since the Every Student Succeeds Act (ESSA) was passed in December 2015, a great deal has been done to get ready for implementation and a great deal is left to happen (including appropriations) before the law goes into full effect in the 2017-2018 school year. Eighteen states aim to submit state consolidated plans for the April 3 deadline. You can see those states and learn more about their plans, including the proposed student indicators, on our ESSA state map.
The transition to the new presidential administration has resulted in a few changes to the process, mainly in regards to ESSA regulations and to the state consolidated plan template.
On March 27, Trump signed a Congressional Review Act (CRA) legislation rolling back regulations concerning accountability and teacher preparation under ESSA. Those regulations emphasized stakeholder engagement, provided an extended deadline for identification of school support, and set provisions for what types of research could be used in picking a student success and school quality indicator. Individuals supporting the regulations praised the guidelines as offering important clarity and adaptability functions. Others expressed concern that the Department of Education had overreached and been too prescriptive.
|At left, Sen. Tim Scott speaks at the Conservative Political Action Conference (CPAC). Photograph by Gage Skidmore. At right, Sen. Cory Booker speaks at a press conference at the U.S. Capitol. Photograph courtesy Sen. Booker's office.|
Sens. Tim Scott (R-S.C.) and Cory Booker (D-N.J.) reintroduced the “Leveraging and Energizing America’s Apprenticeship Programs (LEAP) Act” to the 115th Congress on February 15. The act provides employers with tax credits of up to $1,500 for each eligible apprentice they hire under the program.
Both Scott and Booker have professed deep interests in engaging youth. At Restoring the American Dream, an event hosted by Opportunity Nation on the day of the bill’s release, Scott and Booker spoke to the need to connect youth with opportunities.
“Too often, especially with young people, we tend to look down to the lowest level of expectation,” Scott said.
“It’s not the wealth of our wealthiest that makes our nation great. It’s how we provide pathways for every single child," Booker said. "My father was born poor, segregated environment, single mom…(but the) people who came into his life gave him a little bit of love, a little bit of support, a little bit of a hand up.”
Representative Cathy McMorris Rogers (R-Wash.) also spoke at the event, saying she felt a responsibility for helping people to “realize where the opportunities are” and “plug in.”
These efforts show impressive results. The organization Year Up participated in a panel at the event to discuss its one-year post-high school program model that pairs six months of technical and professional skill building with a six-month internship. Research show 85 percent of Year Up participants find full-time employment, with an average starting wage of $18 an hour.
Connecting students to opportunities to practice professional skills and gain work experience is a practice familiar to afterschool programs across the country. Training and experience are valuable across age categories. The people, businesses, programs, governments, and systems that recognize the value of these youth and connect them to opportunities and skills continue to see great returns—economic, social, relational—over and over again.
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.
In a surprise move, Congress sent the American Innovation and Competitiveness Act (formerly called America COMPETES) to the President for his signature late last week. The legislation authorizes research investments and the STEM education investments of various science mission agencies such as NASA, the National Science Foundation (NSF), the National Oceanic and Atmospheric Administration (NOAA) and the Department of Energy.
The Afterschool Alliance has worked for several years to ensure that language supportive of afterschool is included in this bill as we recognize the importance of building bridges between STEM professionals and the afterschool field. We are delighted to report that the final bill includes several provisions that recognize the importance of out-of-school learning for STEM.
Of specific interest is Title III, the section on STEM education, and the following items in that title.
In the Robert Noyce Teacher Scholarship program, there is a discussion of innovative practices in STEM teacher recruitment and retention. This includes partnering with nonprofit or professional associations to provide the fellowship’s recipients with opportunities for professional development, as well as conducting pilot programs to improve teacher service and retention.
What it means for afterschool: This may provide an opening for afterschool providers to collaborate with schools of teacher education in innovative ways, including practicum placements for student teachers in afterschool STEM programs.
A STEM education advisory panel is to be set up jointly by the Secretary of Education, the Director of NSF, the NASA Administrator and the Administrator of NOAA to advise the National Science and Technology Council’s Committee on STEM Education (CoSTEM).
This panel is required to have at least 11 members and include individuals from academic institutions, industry, and nonprofit organizations, including in-school, out-of-school, and informal education practitioners. The group will guide CoSTEM on “various aspects of federal investment in STEM education including ways to better vertically and horizontally integrate Federal STEM education programs and activities from pre-kindergarten through graduate study and the workforce, and from in-school to out-of-school in order to improve transitions for students moving through the STEM education and workforce pipelines.”
What it means for afterschool: This provides an opening for afterschool advocates to nominate experts in informal STEM education who understand afterschool STEM programming deeply. This perspective would be valuable and influential on the STEM education advisory panel.
As 2016 comes to a close, so too does the 114th Congress. The 115th Congress will be called into session at noon on January 3 and will mark the first time in six years that the United States is under a unified government, meaning that the Senate and House of Representatives, as well as the Presidency, are all under the control of the same party, the Republicans. What might the 115th Congress mean for afterschool programs and the children and parents they support?
The new Congress will bring new leadership for several key committees that have jurisdiction over education policy and education spending. In the House of Representatives, Education and the Workforce Committee Chairman John Kline (R-Minn.) has retired and the new Chairperson will be Rep. Virginia Foxx (R-N.C.). Rep. Bobby Scott (D-Va.) will stay on as Ranking Member. House Appropriations Committee leadership changed as well, with new Chairman Rodney Frelinghuysen (R-N.J.) taking over for Rep. Hal Rogers (R-Ky.), who was term-limited out of the chairmanship. Ranking Member (and Afterschool Caucus co-chair) Nita Lowey (D-N.Y.) will continue in her previous role in the 115th Congress.
On the Senate side, Chairman Lamar Alexander (R-Tenn.) and Ranking Member Patty Murray (D-Wash.) remain as leaders of the Senate Committee on Health, Education, Labor & Pensions (HELP). Chairman Thad Cochran (R-TN) is staying on as Committee Chairman for the Senate Appropriations Committee with Senator Patrick Leahy (D-Vt.) taking over for retiring Sen. Barbara Mikulski (D-Md.) as Ranking Member.
New challenges within the appropriations process
Friends of afterschool should closely follow the FY 2017 and FY 2018 appropriations cycles beginning early in 2017. With the continuing resolution authorizing federal spending at current 2016 fiscal year spending levels set to expire on April 28, 2017, finalizing the FY 2017 spending bill will be a key priority early in the 115th Congress. Constraints on available funding include discretionary spending caps that limit available funds as well as competing priorities outside of the education arena in areas like infrastructure and health. In late spring, Congress will also have to initiate the FY 2018 spending process, which will be even more challenging given the return of the sequester cuts after a two-year negotiated hiatus.
Making your voice heard early and often next year will be critical to educating the new Congress on the many valuable outcomes of local afterschool and summer learning programs. Use our action center to share your thoughts on the appropriations process and its impact on afterschool with your member of Congress to ensure that no cuts are made late in the fiscal cycle next year.
Update, December 13: Both chambers of Congress passed a short-term stopgap spending bill last week to avoid a government shutdown that would have occurred at midnight last Friday, December 9. The continuing resolution (CR) is the second such measure passed this year and will fund the government through April 28, 2017.
Original post, December 8:
This week, the House of Representatives released the text of a new short-term continuing resolution (CR) that Congress must pass by this Friday, December 9th to avoid a government shutdown. The CR will maintain the federal government’s current funding level through April 28, 2017. This second CR will pick up where the first one, passed in late September, left off. This means that funding for 21st Century Community Learning Centers will be maintained at the current level for another four months.
In April, lawmakers must negotiate a final spending bill in order to keep the government operating through the end of FY17 on September 30, 2017. This will likely take the form of either a third CR or an omnibus spending bill.
Some conservative Members of Congress are urging their leadership to enact cuts to domestic discretionary l spending levels in any final bill that is passed next year. If these efforts are successful and the final spending bill appropriates less money than FY16 spending levels, it will likely result in fewer children attending local afterschool and summer learning programs that leverage federal support through the 21st Century Community Learning Centers initiative and the Child Care Development Block Grant.
Make your voice heard: use our action center to share your thoughts on the appropriations process and its impact on afterschool with your member of Congress to ensure that no cuts are made late in the fiscal cycle next year.
The CR also includes provisions that will be of interest to summer learning programs operating the Summer Meals program—namely, it includes funding to maintain both the summer Electronic Benefit Transfer food program for low-income children who get meals at school during the academic year and the Child Nutrition Information Clearinghouse.
Congress is expected to wind up much of their work by next week and will officially convene the 115th Congress on January 3rd.