Show notes
In today’s Federal Flash, we cover the U.S. Department of Agriculture’s (USDA’s) refusal to extend waivers that give schools flexibility on where and how to serve students meals during the pandemic and an injunction halting Secretary of Education Betsy DeVos’s rule on equitable services under the Coronavirus Aid, Relief, and Economic Security (CARES) Act. In addition, we breakdown both political parties’ education platforms—or lack thereof—heading into the 2020 election and the prospects for Senate Republicans’ latest “skinny” coronavirus relief bill.
USDA Won’t Extend School Meal Waivers
As more school districts plan to continue with online learning exclusively this fall, many students could lose access to free school meals. That’s because the USDA will let certain waivers expire that have enabled schools to serve meals more easily to students during school closures—such as flexibility to set up meal sites in convenient places around the community and to serve all children seeking a meal without any paperwork.
As we discussed in a previous episode of Federal Flash, without the flexibility, students will be able to receive meals only from the school where they are enrolled after being deemed eligible—a change that would create logistical barriers for many families. The expiration of the waivers likely will result in many food service administrators choosing to limit their days of operation and deny uncertified students in need access to healthy meals.
Republicans and Democrats have urged Agriculture Secretary Sonny Perdue to extend the waivers through the 2020–21 school year. Perdue responded that the USDA lacked Congressional authority to implement the extension, as it would function like a universal school meals program that has not been authorized by lawmakers.
The House Committee on Education and Labor called Perdue’s decision “a major blow,” with Chairman Bobby Scott (D-VA) predicting that “the tragic rise in child hunger across the country will surely get worse.” Now, a broad coalition of governors, state and district superintendents, school administrators, classroom educators, parent groups, and other advocates including the Alliance for Excellent Education (All4Ed) are calling on Congress to ensure the USDA has the authority to extend these waivers. We’ll keep you posted.
Federal Judge Stops Rule that Directs CARES Act Funds to Private Schools
Last week, a Washington state judge issued an injunction to stop Secretary DeVos’s rule on providing equitable services to private school students under the CARES Act. The rule encourages districts to set aside CARES dollars for private school students not as they do under Title I, but rather based on the total number of students in private schools, regardless of income. This interpretation received bipartisan criticism that it ran afoul of the law.
U.S. District Court Judge Barbara J. Rothstein agreed, finding that the U.S. Department of Education (ED) subverted Congressional intent and hurt students most affected by the pandemic. She also questioned whether Secretary DeVos had the authority to condition CARES Act funds in this manner.
However, this is not the only lawsuit challenging the equitable services rule, and attorneys for ED are arguing in a separate case that the injunction only applies to schools in Washington state. We’ll be following these cases as they move through the courts.
Democratic Party Adopts 2020 Platform
At last week’s Democratic National Convention, the Democratic Party officially adopted its 2020 platform, including tripling Title I funding for disadvantaged students, supporting universal preK, and promoting school integration.
USDA Won’t Extend School Meal Waivers
As more school districts plan to continue with online learning exclusively this fall, many students could lose access to free school meals. That’s because the USDA will let certain waivers expire that have enabled schools to serve meals more easily to students during school closures—such as flexibility to set up meal sites in convenient places around the community and to serve all children seeking a meal without any paperwork.
As we discussed in a previous episode of Federal Flash, without the flexibility, students will be able to receive meals only from the school where they are enrolled after being deemed eligible—a change that would create logistical barriers for many families. The expiration of the waivers likely will result in many food service administrators choosing to limit their days of operation and deny uncertified students in need access to healthy meals.
Republicans and Democrats have urged Agriculture Secretary Sonny Perdue to extend the waivers through the 2020–21 school year. Perdue responded that the USDA lacked Congressional authority to implement the extension, as it would function like a universal school meals program that has not been authorized by lawmakers.
The House Committee on Education and Labor called Perdue’s decision “a major blow,” with Chairman Bobby Scott (D-VA) predicting that “the tragic rise in child hunger across the country will surely get worse.” Now, a broad coalition of governors, state and district superintendents, school administrators, classroom educators, parent groups, and other advocates including the Alliance for Excellent Education (All4Ed) are calling on Congress to ensure the USDA has the authority to extend these waivers. We’ll keep you posted.
Federal Judge Stops Rule that Directs CARES Act Funds to Private Schools
Last week, a Washington state judge issued an injunction to stop Secretary DeVos’s rule on providing equitable services to private school students under the CARES Act. The rule encourages districts to set aside CARES dollars for private school students not as they do under Title I, but rather based on the total number of students in private schools, regardless of income. This interpretation received bipartisan criticism that it ran afoul of the law.
U.S. District Court Judge Barbara J. Rothstein agreed, finding that the U.S. Department of Education (ED) subverted Congressional intent and hurt students most affected by the pandemic. She also questioned whether Secretary DeVos had the authority to condition CARES Act funds in this manner.
However, this is not the only lawsuit challenging the equitable services rule, and attorneys for ED are arguing in a separate case that the injunction only applies to schools in Washington state. We’ll be following these cases as they move through the courts.
Democratic Party Adopts 2020 Platform
At last week’s Democratic National Convention, the Democratic Party officially adopted its 2020 platform, including tripling Title I funding for disadvantaged students, supporting universal preK, and promoting school integration.

