Senate Republicans unveiled a new COVID-19 pandemic response plan with a total funding level of approximately $1 trillion. It addresses public education in a variety of ways. The proposed legislation includes $105 billion for education including approximately $70 billion for K-12 education. However, two-thirds of the funding is only available to districts with approved re-opening plans that must be submitted to and approved by the Governor. Republican leaders are referring to the comprehensive legislative section focused on appropriations as the HEALS Act (Health
The legislation in its current form has significant opposition but it will be used as a starting point for negotiations with the Democrats. It is expected it will change significantly as it moves through the legislative process. However, we wanted to highlight the proposal's major education components and their potential impact on local school districts.
Education Stabilization Fund
The total legislative package contains $105 billion for education (K-12 and higher education combined) overall. The funds are available through September 30, 2021 and allocated as follows:
- $1 billion for outlying areas and the Bureau of Indian Education
- $2 billion for governors
- $69.6 billion for K12
- $29.1 billion for higher education
- Maintenance of Effort.
- NAEP Funds and Administration Funds
Private Education Provisions
The HEALS Act includes provisions for the school choice program that U.S. Secretary of Education Betsy DeVos has proposed for Education Freedom Scholarships
Homework Gap
The legislation does not
address the homework gap leaving this critical issue students across the nation
are facing unresolved in this current proposal. Addressing the digital divide
in education is an allowable use under the funds but this will create a
competitive environment with many other important programs and will not
adequately resolve the issue.
Liability
The legislation includes
schools in its liability coverage. State tort liability laws are essentially
eliminated under the legislation for issues arising from COVID-19 and replaced
with a federal cause of action in which the plaintiff must prove their case
through a clear and convincing evidence standard which is a higher standard
than the normal one. Plaintiffs will need to prove that the defendant was not
making reasonable efforts to comply with applicable government standards and
/or guidance and was engaged in gross negligence or willful misconduct.
