Federal Education Update Noelle Ellerson Ng AESA Legislative Liaison November 2018

Overview Policy 101 Advocacy 101 Federal Priorities Advocacy Update Q&A

Edu-Policy 101 AESA’s federal advocacy engages with all three branches of the federal government: Legislative Congress writes the laws and provides the funding, and drives the majority of our work Judicial Supreme Court Cases matter in public education. Executive This includes proposals from federal agencies, as well as executive orders and statements from the President

Edu-Policy 101 From the federal level, there is a combination of federal policy that impacts the programs that are run and how they are implemented: Statute Authorizing Statute Appropriations Statute Regulations Guidance Supreme Court Cases

Edu-Policy 101 Authorizing Statutes Every Student Succeeds Act Individuals with Disabilities Education Act Higher Education Act Carl D. Perkins Career & Technical Education Act Head Start/Childcare Development Block Grants Russell School Nutrition Program Others that aren’t necessarily ‘education’: Farm Bill, Affordable Care Act, Telecommunications Act, et…..

Edu-Policy 101 Appropriations Statute: Labor Health Human Services Education & Other (LHHS) Regulations and guidance come from federal agencies: US Education Department Health & Human Services US Department of Agriculture Federal Communications Commission, and more

Edu-Policy 101 Supreme Court Fry: Must a family exhaust provisions under IDEA before exercising protections under ADA? Yes, if the issue is directly related to the IEP Endrew: Question of level of ‘benefit’ special education must provide – requires an IEP to be “reasonably calculated to enable a child to make progress in light of the child’s circumstances” Trinity Lutheran Very limited decision, allows federal funds to go to religious institutions for non-religious activities Janus Union fees cannot be mandated for individuals not in the union Wayfair States can collect sales tax for online purchases

Edu-Advocacy 101 Know the value of your voice as an advocate. Education administrators are a high-value constituency. Your voice matters. You are best positioned to tell your district’s story. If not you, who? If not now, when? Think of the AESA advocacy team as an extension of your team. It is an explicit member benefit of belonging to AESA and your state affiliate to have access to our work. Don’t hesitate to reach out.

Edu-Advocacy Overview

Advocacy is all about relationships Relationships matter; relationships take time. Congressional staffers range from experts to novices Be confident that you are an important constituent. You are an education expert; you know your schools and your community.

It’s a marathon – not a sprint Reach out often – not just when you need something Can you commit to making regular content with your delegation? (ie, once per month)

When you have meetings, they may be with your member of Congress, but they may just be with their education staffer The education staffer often knows more about our issues than the member Congressional offices are crowded – your meeting may be in the reception or hallway – that doesn’t mean they don’t take you seriously, so don’t be insulted

YOU are the expert in the room Be sure to share information about your district, schools, and the great work being done Be honest in how a policy is or would affect your schools If you have questions, be sure to ask

Advocacy is not a one-time thing – be sure to follow up often After your meeting, follow up with the staffer – promise them some information or a resource and send it along Don’t just be in touch if they sky is falling. Constant communication keeps you on their mind. Invite your member of Congress to your district – have the photo op with your kids and school

AESA Advocacy It was a year in terms of federal education policy, esp considering it was an election year: Perkins Career and Technical Education Act was reauthorized Janus and Wayfair Supreme Court Decisions Family Separation Statement School Integration/Affirmative Action Statement IRS SALT Regulations Public Charge Annual appropriations Federal School Safety Commission

FY18 USED Funding $1.3 trillion, with $579 for NDD overall The final FY18 budget deal raised caps ($80 b for DD, $63 b for NDD) $1.3 trillion, with $579 for NDD overall $3.9 b increase to USED (to $70.9 b) If USED FY12 allocation ($68.1 b) kept pace with inflation, it would be $74.8 b in 2018 constant dollars Rejects new choice proposals (does fund DC vouchers) Head Start up $610m ESSA Title I up $300 m, Title II level funded, Title IV up $700 m to $1b $275 m increase for IDEA state grants $75 m increase for Perkins $3 b increase for programs to respond to opioid crisis Impact Aid increase of $86 m First year of funding for SRS since 2015

Funding FY19 History setting year. This is the first time in nearly 10 years Congress has reached this point on the LHHS bill (which funds education, among other programs). It is part of a three -piece package: a bill to fund LHHS, a bill to fund defense, and a bill that would provide a continuing resolution (CR) for the remaining portions of government through December 7. Between FY18 and FY19, the non-defense discretionary (NDD) portion of the budget received an $18+ billion increase. LHHS represents the largest share of non-defense discretionary funding in the federal budget, and if the overall NDD increase had been allocated an equitable share, the LHHS increase would have been more than $5 billion. BUT, the conference bill provided an increase of closer to $2 billion for all of LHHS which resulted in nominal increases to a handful of education programs.

FY19 USED funding The final bill provides a $581 m increase in funding for USED, bringing the total to nearly $71.5 billion. The bill rejects the Trump administration’s proposals to fund vouchers and privatization priorities, as well as proposed program eliminations and the proposal to consolidate USED with the Department of Labor. Tracking a few key programs, here are some that received increases Title I, $100m; Title II I is level funded; IDEA, $87m Title IV, $70m 21st Century, $10m Impact Aid, $32m Perkins Career & Technical Education, $95m; and Head Start, $200 m

What to Expect from the Unexpected: U.S. Department of Education ESSA Fiscal Transparency Guidance ESSA Report on Title I Equity School Safety Commission Recommendations School Discipline Guidance decision Title IX rewrite

Political Landscape for 2019 Dems have control of the House. Senate will stay Republican. What will Dems focus on? OVERSIGHT, OVERSIGHT, OVERSIGHT ESSA, $ for guns in schools, discipline guidance/transgender guidance DACA/Family Separation Campaign finance violations/impeachment proceedings FERPA Seclusion and Restraint Outside chance they will try to get a deal done re infrastructure State and Local Elections Consequences for Wayfair revenues Fall Out from Tax Bill The first vote tax payers take after filing will be for…..school budgets.

AESA Federal Advocacy ESSA School Nutrition Perkins Career/Tech IDEA Rural Education (REAP, Forest Counties, Impact Aid) School Vouchers E-Rate/Lifeline/EBS Student Data & Privacy Medicaid/CHIP Higher Education Act Early Education Affordable Care Act Regulations: DoL and EPA Immigration / DACA Taxes

Get Involved, Stay Engaged! AASA Legislative Team on Twitter Weekly & Monthly Updates Websites & Newsletters EdWeek Politics K12 Morning Education (Politico) Real Clear Education Cabinet Report

Assoc Exec Dir, Policy & Advocacy Questions? Noelle Ellerson Ng Assoc Exec Dir, Policy & Advocacy nellerson@aasa.org @Noellerson