Show notes
In today’s Federal Flash, a flurry of activity across multiple federal agencies. First, we cover the U.S. Department of Agriculture’s (USDA’s) eleventh-hour reversal to extend waivers that have made it easier for school districts to serve free school meals, plus the Federal Emergency Management Agency’s (FEMA’s) new guidance that ends state reimbursement for cloth face masks and personal protective equipment (PPE) for schools. We also have all the details on Secretary Betsy DeVos’s letter to chief state school officers about spring 2021 assessments.
USDA Extends School Meal Waivers
In a last-minute decision, the USDA reversed its previous position and extended waivers that allow school districts to more easily serve free meals to students during the pandemic. Specifically, the waivers enable schools to operate their meal programs during the school year as they do over the summer and provide free meals without burdening families with paperwork to verify eligibility. The waivers, which were set to expire this month, have been extended through December 31.
As we discussed on our last Federal Flash, Agriculture Secretary Sonny Perdue intended to let the waivers expire, reasoning that the agency lacked authority to implement any extension. But pressure from school administrators, education and school nutrition advocates, and members of Congress—including Republicans—seems to have persuaded him to change course.
House Education Committee Chairman Bobby Scott (D-VA) applauded the USDA’s decision but called it a “temporary solution,” urging the USDA to extend the waivers for the entire 2020–2021 school year. Perdue, however, is contending that there isn’t sufficient funding to do so—which could make school nutrition a top priority as Congress returns to negotiations on another coronavirus relief package.
FEMA Ends State Reimbursement for PPE
Starting September 15, cash-strapped states must pay for the cost of cloth face coverings and other PPE for schools—expenses states previously were reimbursed for by FEMA. Under FEMA’s new guidance, cloth face masks and PPE in nonemergency settings will be classified as “increased operating costs” for public services and will not be covered by FEMA's Public Assistance Program. Governors and mayors, chief state school officers, district and school leaders, and teachers’ unions had all urged FEMA to continue reimbursement for PPE in schools.
Instead, the government is offering schools assistance for PPE through other agencies. A Department of Health and Human Services program, for example, will distribute up to 125 million cloth face masks to schools with an emphasis on high-need students and on schools providing in-person instruction. But it is unclear if these measures will fully meet schools’ needs or enable them to comply with CDC guidelines for reopening.
FEMA’s decision comes less than two weeks after Trump Administration guidance that deemed teachers and other school staff "critical infrastructure workers” as part of the president’s continued push for schools to resume in-person instruction this fall. Though that guidance is nonbinding, it has prompted some states and districts to enact policies to declare teachers essential workers, meaning that they’ll be expected to continue to go to work even if they’ve been exposed to COVID-19.
CARES Act Funding for Private Schools
For the second time in a month, a federal judge has ruled against Secretary DeVos’s rule on providing equitable services to private school students under the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The rule encourages districts to set aside CARES dollars for private school students not as they do under Title ...
USDA Extends School Meal Waivers
In a last-minute decision, the USDA reversed its previous position and extended waivers that allow school districts to more easily serve free meals to students during the pandemic. Specifically, the waivers enable schools to operate their meal programs during the school year as they do over the summer and provide free meals without burdening families with paperwork to verify eligibility. The waivers, which were set to expire this month, have been extended through December 31.
As we discussed on our last Federal Flash, Agriculture Secretary Sonny Perdue intended to let the waivers expire, reasoning that the agency lacked authority to implement any extension. But pressure from school administrators, education and school nutrition advocates, and members of Congress—including Republicans—seems to have persuaded him to change course.
House Education Committee Chairman Bobby Scott (D-VA) applauded the USDA’s decision but called it a “temporary solution,” urging the USDA to extend the waivers for the entire 2020–2021 school year. Perdue, however, is contending that there isn’t sufficient funding to do so—which could make school nutrition a top priority as Congress returns to negotiations on another coronavirus relief package.
FEMA Ends State Reimbursement for PPE
Starting September 15, cash-strapped states must pay for the cost of cloth face coverings and other PPE for schools—expenses states previously were reimbursed for by FEMA. Under FEMA’s new guidance, cloth face masks and PPE in nonemergency settings will be classified as “increased operating costs” for public services and will not be covered by FEMA's Public Assistance Program. Governors and mayors, chief state school officers, district and school leaders, and teachers’ unions had all urged FEMA to continue reimbursement for PPE in schools.
Instead, the government is offering schools assistance for PPE through other agencies. A Department of Health and Human Services program, for example, will distribute up to 125 million cloth face masks to schools with an emphasis on high-need students and on schools providing in-person instruction. But it is unclear if these measures will fully meet schools’ needs or enable them to comply with CDC guidelines for reopening.
FEMA’s decision comes less than two weeks after Trump Administration guidance that deemed teachers and other school staff "critical infrastructure workers” as part of the president’s continued push for schools to resume in-person instruction this fall. Though that guidance is nonbinding, it has prompted some states and districts to enact policies to declare teachers essential workers, meaning that they’ll be expected to continue to go to work even if they’ve been exposed to COVID-19.
CARES Act Funding for Private Schools
For the second time in a month, a federal judge has ruled against Secretary DeVos’s rule on providing equitable services to private school students under the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The rule encourages districts to set aside CARES dollars for private school students not as they do under Title ...