Distributed via Email: February 15, 2013
FEDERAL RELATIONS NETWORK (FRN)
Two weeks ago, nine school board members and one superintendent represented Illinois at the National School Boards Association’s (NSBA) FRN Conference. The delegates attended two days of informational sessions on a wide variety of national education issues, and then had a long and productive day lobbying on Capitol Hill.
The messages received by the delegation from Senate and Congressional staff offices on both sides of the aisle were that sequestration is coming, and the fire has died out on the push to reauthorize the Elementary and Secondary Education Act (ESEA), also known as No Child Left Behind.
Congress will be focused for the next month on the postponed “fiscal cliff.” In addition, the fiscal cliff deal reached at the beginning of the year did not address any of the nation’s long-term fiscal issues, including the tax code and mandatory program reform. Congress has also yet to adopt a Fiscal Year 2013 (FY13) budget, which started Oct. 1. The current Continuing Resolution (which allows continued spending for the new fiscal year based on the spending levels of the previous fiscal year) for FY13 expires March 27, meaning Congress will have to pass another Continuing Resolution (or pass a final budget) to avoid a federal government shutdown.
All school board members are welcome to attend FRN. Those interested in attending next year should contact Susan Hilton at IASB.
SEQUESTRATION
On Jan. 3, the President signed into law the American Taxpayer Relief Act (H.R. 8). The legislation postponed sequestration for two months, allowing more time to forge an alternative to the across-the-board budget cuts. If lawmakers do not agree upon an alternative, the law states that the White House is to order the budget cuts on March 1, and implemented on March 27 (the cuts would affect most federal education programs starting July of the 2013-14 school year). The American Taxpayer Relief Act also reduces the amount of the across-the-board budget cuts to domestic programs for FY13 from $109 billion to $85.3 billion. Therefore, the percentage of the budget cuts would be lower than the 8.2 percent that was calculated earlier by the White House Office of Management and Budget. Revised estimates indicate that the budget cuts would be around 5.1 percent, if the sequester is not averted.
The Act also permanently extended the arbitrage rebate exception for school construction bonds and extends Qualified Zone Academy Bonds ( QZABs) program for 2012 and 2013 providing $400 million in bond volume per year. QZABs can be used to finance school renovations, equipment purchases, develop course material, and train teachers and personnel at a “qualified zone academy.” None of the proceeds can be used for new construction or land acquisition. In general, a qualified zone academy is any public school (or academic program within a public school) that is located in a federally designated empowerment zone or enterprise community (per U.S. Housing and Urban Development designation), and is designed to cooperate with businesses to enhance the academic curriculum and increase graduation and employment rates. Schools are also eligible to take advantage of the QZAB program if at least 35 percent of students enrolled are eligible for free or reduced priced school lunches. In order to utilize the QZAB program, a school district must have written commitment for a 10 percent match from a private business.
NSBA TO INTRODUCE LEGISLATION PROMOTING LOCAL CONTROL
NSBA has drafted legislation and is looking for sponsors of their bill titled, the Local Educational Agency Governance, Flexibility and Efficiency Act of 2013. The legislation would recognize the vital role and responsibilities of local school board governance and local school district decision-making in designing, developing and delivering high quality educational services for our nation's school children. The legislation also would ensure that the U.S. Department of Education (USDOE) fulfills its role as a policy implementer rather than a policy-maker, and performs that role with proper recognition of local governance. Illinois Congressman Aaron Schock has agreed to be the head sponsor, but co-sponsors are being sought, and bi-partisan sponsorship is a goal. Districts should contact their congressman and encourage them to consider signing on as a co-sponsor. The bill text may be viewed at: http://www.nsba.org/Advocacy/Key-Issues/NSBA-Bill/NSBA-Draft-Bill-Text.pdf.
ESEA WAIVER FOR ILLINOIS
The Illinois State Board of Education (ISBE) continues to work with the USDOE on Illinois’ request for a waiver from some aspects of the No Child Left Behind Act. The only major reason left of why the waiver has not been approved is the timeline for implementation of the new evaluation systems incorporating student growth. In order for districts to have the maximum flexibility over the use of federal title funds Illinois must comply with the USDOE’s timeline of all districts implementing the new evaluation systems no later than the 2015-16 school year. Under state law, per the Education Reform Act passed in 2011, implementation of the new evaluation system is to be phased in with all districts in compliance by the 2016-17 school year. ISBE is currently surveying districts to determine their intent for implementation of the new evaluation systems. If they find most districts are voluntarily implementing the system in 2015-16, that may be enough for the USDOE to grant the waiver.
NEW FLEXIBILITY FOR SCHOOL MEAL PATTERNS
In early December, the U.S. Department of Agriculture released new guidance, detailing increased flexibility in the meat/meat alternate and grain maximums for the 2012-13 school year. The most significant change is that the daily/weekly maximum for grains and meat/meat alternates is lifted for the 2012-13 school year. That is, while there will be no change in the method of measuring the required daily minimum quantities for grains or meat/meat alternates, state agencies shall consider any district compliant with the requirements for grains and meat/meat alternates if the menu meets the daily/weekly minimums for these two components, regardless of whether they exceed the maximums of the same components.
UNINTERRUPTED SCHOLARS ACT
The President signed the Uninterrupted Scholars Act (S 3472) in January. The law permits – but does not mandate – local education agencies to provide educational records to child welfare agencies that are legally responsible for the care and protection of a student. The legislation amends the Family Educational Rights and Privacy Act (FERPA), and NSBA worked closely with the sponsor of the legislation to ensure that the bill preserves local authority.
Child welfare agencies are required to ensure the educational stability of children in foster care, pursuant to the Fostering Connections to Success Act enacted in 2008. In the event that it is in the best interest of the student to change school districts, S 3472 clarifies a district’s authority to share relevant educational records.
This Federal Legislative Report is used to forward information on federal issues from NSBA and other federal sources. Those interested in additional information or signing up for these free reports should contact Susan Hilton .