Federal Policy Update: Status of FY21 Appropriations and Coronavirus Relief

With October knocking on the door and the 2020 federal fiscal year winding down, legislative activity in Congress has heated up again. In particular it is a good time for an update on the appropriations process for federal fiscal year 2021 (FY2021) as well as an update on the status of a possible fifth Coronavirus relief bill.

FY2021 Appropriations

The House passed a bipartisan Continuing Resolution (CR) for FY2021 last week which is expected to pass the Senate today and be signed into law by the President hours before the fiscal year officially ends at midnight tonight -- September 30, 2020. The CR, which passed the House by a vote of 359 to 57, includes a bipartisan compromise that provides supplemental funding to assist farmers  as well as resources to enhance several child nutrition provisions. The compromise agreement provides nearly $8 billion for two nutrition provisions that are essential to feeding children and families during the COVID-19 pandemic: Pandemic EBT which is funded and extended through the end of the current school year; and Child Nutrition Waivers, which provides the US Department of Agriculture (USDA) with the authority and funding to extend school meal waivers for schools and community organizations providing meals to students and families. The CR removes the last roadblock to USDA extending these waivers through the end of the current school year. Other than the nutrition provision, appropriations for education-related programs including the 21^st Century Community Learning Center program are maintained at fiscal year (FY) 2020 levels through December 11, 2020.

Coronavirus Relief Legislation

Multiple attempts to produce  a fifth Coronavirus relief bill that could pass both chambers of Congress have come up short in the past three months, most recently with the September 10 Senate defeat of a Republican “skinny” version of the HEALS Act. However, this week a new effort has emerged following House Speaker Nancy Pelosi’s (D-CA) directive to  House committee chairs to assemble a scaled-back and updated version of the HEROES Act as the basis for revived negotiations with the White House.  The new bill, dubbed HEROES Act 2.0, could end up moving as a partisan bill in the House if a compromise package with the Administration does not materialize.

The new $2.2 trillion legislation more than doubles federal funding for elementary and secondary education with afterschool and summer learning continuing to be an allowable use of those funds, and also provides substantial new funding for child care (including school-age child care), broadband access, includes 21^st CCLC flexibility language and much more.   -

The bill includes a total of $225 billion for education. There are some technical clarifications in addition to the following funding provisions: 

• $208.1 billion for ED’s Education Stabilization Fund – Funding is allocated to states based on a combination of the number of school-aged children and the number of Title 1-eligible children.  Funding is not dependent upon schools reopening, and can be used for the types of services and supplies that were allowed under the CARES Act, including afterschool and summer learning. There is also new language that allows funding to support afterschool programming for English Language Learners.   Funding is divided as follows:
  • $175 billion for elementary and secondary education
  • $27 billion for public postsecondary education, with 75% based on the number of Pell Grant-eligible students.
  • $4 billion for governors to use on education, including restoring state and local education support
  • $2 billion for Bureau of Indian Education, tribal colleges and outlying areas
  • $3.5 billion for Historically Black Colleges and Universities and other Minority-Serving Institutions
  • Maintenance of effort – states must maintain the percent of their budgets spent on education in fiscal year (FY) 2019 for FYs 2020 through 2022, with further specific assurances for K-12 funding and higher education.
• $5 billion for K-12 school facilities to respond to coronavirus. Funds can be used for repairs and improvements to support student health needs, including improvements to allow outdoor teaching.
• $32 million for Institute of Education Sciences (IES) Funding is for the National Assessment of Educational Progress Assessment Act for reading and math assessments in 2021
• $7 million for the Office of Inspector General

• Other education-related funding -
  • $57 billion for child care, including  $7 billion for the Child Care and Development Block Grant for providers and $50 billion for a state Child Care Stabilization Fund.  
  • $12 billion to close the homework gap and $3 billion for emergency home connectivity. The $12 billion is for schools and libraries to fund Wi-fi hotspots and devices through the E-rate program.
  • $350 million for the Corporation for National and Community Service to support new and existing AmeriCorps and Senior Corps programs, including funding for continued administrative services and assistance to grantees.
  • $135 million for the Institute of Museum and Library Services to support libraries and museums with costs and expenses associated with coronavirus, including operational supports and providing technology and resources for their communities.

The original language of HR 8162, the 21^st Century Community Learning Centers Coronavirus Relief Act, is also included in the new comprehensive relief legislation. An amended version of HR 8162 passed the House on September 16th. This section provides much needed flexibility for the current 2020-2021 school year, allowing local afterschool programs funded by the Nita M. Lowey 21st Century Community Learning Center program to help parents return to the workforce and help children continue their learning in an academically supportive environment, including the hours when schools are operating virtually and not offering classes in-person.

The new HEROES 2.0 bill could be voted on in the House later this week and will likely pass, however it would be met with strong opposition in the Senate from fiscally conservative members. You can use your voice and experience to share the need for additional afterschool program support including space, the need for more time and more staff, the successes, and also the challenges around sanitation and safety, local funding shortages, and the uncertainties ahead. Your elected officials at all levels want to know how your students and families are doing, how the program is fairing, and what they can do to ensure afterschool programs can support students this fall. Check out our action alert tool here for a template and be sure to add your own experiences!