Letter from National PTA on the HEROS Act
National PTA just sent this letter to Senate and House congressional leaders regarding the HEROS Act, a fourth COVID-19 relief package passed by the House of Representatives on May 15. At this time, there is no indication that the Senate will act on this bill soon. The letter will be posted to the Letters to Policymakers page shortly.
Equitable Services Guidance Under the CARES Act
As you be aware, the U.S. Department of Education (ED) issued guidance on Providing Equitable Services to Students and Teachers in Non-Public Schools Under the CARES Act Programs. ED interprets the CARES Act to allow school districts set aside funds to provide services to private school students and their teachers based on the total number of students they serve, not the number of low-income students they serve, as is the case for setting aside Title I funds for services for low-income students at non-public schools under ESEA. National PTA has addressed its concern about this guidance in the last paragraph of pg. 2 in the attached letter. The HEROS Act further clarifies that “equitable service” funding in the CARES Act is to be determined based on the number of low-income students attending private schools, consistent with section 1117 of the Elementary and Secondary Education Act.
Several other education groups, including the Council of Chief State School Officers also believe ED has misinterpreted congressional intent in the distribution of these funds under the CARES Act. As such, CCSSO sent a letter on May 5 Secretary DeVos making the case that the funds for private schools should follow the Title I formula, as directed in the CARES Act. Senate HELP Committee chair Lamar Alexander (R-TN) last week seemed to agree with the interpretations of public education groups, noting "I thought, and I think most of Congress thought, that money from the CARES Act would be distributed in the same way that Title I is distributed." Several states and school districts have said they will not follow the ED guidance. The Secretary said last week that ED plans to issue a regulatory rule – that will be available for public comment – to enforce ED’s interpretation of the funding allocation. If you have any questions about what is happening in your school community regarding allocation of CARES funding for equitable services, please contact your local school superintendent. National PTA will continue to follow this issue and engage as appropriate.
