Monday, March 23, 2020

Update on COVID-19 Legislation


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Below is a summary of the three COVID-19 legislative relief packages either passed or currently being negotiated by Congress. The summaries focus on relevant education related provisions included in the bills. Please share among your networks as appropriate.
National PTA is engaged in, and closely monitoring the details of the third legislative package. Specifically, we are focused on ensuring that federal resources are able to quickly get to states and school districts, including dedicated resources to support distance learning, and that there are appropriate flexibilities provided, however we are opposed to broad waivers that raise significant equity and civil rights concerns.
Right now, negotiations are ongoing many provisions in the bill including those related to distance learning in the third package. More details to come as we learn them.
COVID-19 Relief Package #3: Coronavirus Aid, Relief, and Economic Security Act (CARES Act)
PLEASE NOTE: The contents of this bill are fluid. As we receive more concrete information, we will share it with you.
Latest Action: Procedural vote in Senate on 3/22 failed. Negotiations are ongoing.
Summary: The most recent plan would provide $20 billion to the Education Department to help states, schools and colleges with unprecedented disruption of every level of education across the country.
The grants to states would be determined by population and controlled by governors, who would have to allocate money to school districts or colleges that have been “most significantly impacted by coronavirus.”
The Education Department would also provide some funding directly to school districts based on the share of low-income students. That money could be used for a wide range of purposes, including training and professional development, distance learning, purchasing supplies to sanitize schools and planning for long-term school closures.
There is $25 million for “Distance Learning, Telemedicine, and Broadband Program” in the current proposal. National PTA is pushing for a much larger amount of funding for K-12 distance learning.
A previous iteration of the bill would have provided broad wavier authority to Secretary DeVos to waive any provision of the main federal laws governing higher education, K-12 education and career and technical education. However, under the new proposal, the Education Department would be allowed to waive only certain provisions of the Every Student Succeeds Act (ESSA), including those dealing with required assessments, state education plans and the allocation of funding. There is a provision in the bill that would allow the Education Department to make legislative recommendations on any additional waivers that need to be enacted into law under the Individuals with Disabilities Education Act (IDEA).
Again, please note that the contents of this bill are fluid. As we receive more concrete information, we will share it with you.
COVID-19 Relief Package #2: The Families First Coronavirus Response Act
Latest Action: Signed into law on March 18, 2020.
Summary: The second COVID-19 relief package, the Families First Coronavirus Response Act (H.R.6201), would provide $1 billion in nutritional aid, expand access to COVID-19 testing and expand sick leave benefits. Relevant education- and workforce-related provisions include:
$500 million for the Supplemental Nutrition Program for Women, Infants, and Children (WIC).
$400 million for the Commodity Assistance program.
Emergency Supplemental Nutrition Assistant Program (SNAP) benefits for families with at least one child who would be receiving free and reduced-price meals and whose school has been closed for at least 5 consecutive days.
$160 million for home delivered meals.
$80 million for the Congregate Nutrition Services program under the Older Americans Act.
Providing the U.S. Department of Agriculture (USDA) with authority to grant waivers (until September 30, 2020):
Of statutory and regulatory provisions under the Child Nutrition and School Lunch Acts in order to provide meals and meal supplements in the event of school closures due to COVID-19;
Of provisions in the School Lunch Act which prevent increased Federal costs when implementing summer food service programs;
To States for the purposes of providing meals and meal supplements in a manner that provides appropriate safety measures. These waivers would be automatically applied to States that seek them without further application by the State;
To provide non-congregate feeding under the Child and Adult Care Food program, if the waivers are connected to COVID-19;
Of requirements regarding the nutritional content of meals, if the waivers are connected to COVID-19;
Of administrative requirements under WIC for States, if the waivers are connected to COVID-19; and
Of the physical presence requirement at the time of WIC certification (current law requires WIC recipients to be physically present when they are certified for benefits). Anthropometric and bloodwork requirements would also be allowed to be waived.
Providing an expansion of the Family and Medical Leave Act to provide:
Paid leave, connected to a public health emergency related to COVID-19, to employees at organizations with fewer than 500 total employees to care for a child if childcare is unavailable. Employees would have to be employed for at least 30 days by their employer and the U.S. Secretary of Labor would be empowered to grant hardship exemptions for certain businesses with fewer than 50 employees and to exclude certain health care providers and emergency responders.
The first 10 days of such leave may consist of unpaid leave, with employees being able to substitute vacation, paid leave or sick leave for unpaid leave. Employers are required to provide paid leave for leave days after such initial 10-day period. The amount of pay is required to be at least 2/3rds of the pay an employee would receive based on an employee’s normally scheduled hours of work. Paid leave would not have to exceed $200 per day or $10,000 in the aggregate.
Providing an Employer provided paid sick leave benefit:
The benefit would be provided to employees of private businesses with fewer than 500 employees and employees of public entities for illness or quarantine related to COVID-19 or the care of someone who is quarantined due to or ill because of COVID-19. Employers may exempt health care providers or emergency responders from this benefit
Full-time employees can receive up to 80 hours, with part-time employees receiving up to the number of hours they would normally work over a 2-week period.
The paid sick leave benefit would only be in effect through the end of 2020.Limits exist on daily and aggregate paid sick leave amounts provided to employees.
The U.S. Secretary of Labor would be empowered to grant hardship exemptions for certain businesses with fewer than 50 employees and to exclude certain health care providers and emergency responders from the benefit
COVID-19 Relief Package #1: The Coronavirus Preparedness and Response Supplemental Appropriations Act
Latest Action: Signed into law on March 6, 2020.
Summary: The first COVID-19 relief package, the Coronavirus Preparedness and Response Supplemental Appropriations Act (H.R.6074), included $8.3 billion in emergency funding and was signed into law on Friday, March 6. The bill was focused on vaccine development, research and equipment stockpiles, and supporting State and local health budgets. The bill did not contain any education- or workforce-related provisions.
Thank you,
Jacki
Jacki Ball | Director, Government Affairs
National PTA®
1250 N. Pitt Street
Alexandria, VA 22314