Review Agenda Item
Meeting Date: 7/30/2020 - 6:30 PM
Category: Reports and Communications from the Board Clerk/Chief Officer, Office of Board Governance
Type: Info
Subject: 2. Update on Legislative Matters or Related Issues Concerning Milwaukee Public Schools.
Strategic Plan Compatibility Statement:
Goal 1
Academic Achievement
Goal 2
Student, Family and Community Engagement
Goal 3
Effective and Efficient Operations
Policy:
Attachments
File Attachment:
Federal Pandemic Funding for Public and Private Schools 7-21-20.pdf
Background: This update was developed on July 21, 2020. Given the rapid speed with which policy is changing in the midst of the COVID pandemic, revisions or further updates may be provided at the convening of the MPS Board of Directors’ meeting on July 30, 2020.

Milwaukee Public Schools and the Office of Governmental Relations continue to work with all partners to support passage of federal level legislation to sufficiently support students and public schools. We continue to wait for state-level updates concerning the position of the state budget and at this time anticipate that there may be a need for a “budget-repair bill.” The passage of such a bill could occur after the elections in November 2020.

The federal support for public schools that has so far been provided falls significantly short of what will be needed. Current estimates suggest that schools nationwide will need $200 billion more than what has been provided to date. Further, although the CARES (Coronavirus Aid, Relief, and Economic Security) Act was passed in March, the federal bureaucratic process, new rules invented by the Secretary of Education that purportedly run counter to statute, and a subsequent lawsuit have delayed delivery of CARES funds to school districts. The delay of those funds has further hampered the planning process as school districts head toward the upcoming school year.

The new rule from the Department of Education has the effect of redirecting additional funds from public schools to private schools. According to Senator Lamar Alexander (R), Chair of the Senate Education Committee, the rule runs counter to what was intended by Congress. Senator Alexander is on the record as stating, “My sense was that the money should have been distributed in the same way we distributed Title I money. I think that’s what most of Congress was expecting.” Secretary DeVos has, in part, justified the creation of the new rule by stating that private schools need federal funds.

What appears to be clear is that private schools have accessed funds through the federal Paycheck Protection Program (PPP) and other programs. Given the fact that public schools do not have access to those funding programs, it appears that private schools to date have received more per pupil than have public schools.

Private schools have access to the PPP, COVID-19-related tax credits for paid sick and paid family leave, and the CARES Act’s ESSER (Elementary and Secondary School Emergency Relief) Fund’s set-aside resources and will have access to a portion of the CARES Act’s GEER (Governor’s Emergency Education Relief) funding. Given the information available to date, it appears clear that private schools have been advised about applying for, and have received, significant federal funding. The evidence of that funding brings further into question the need to create new rules for CARES-ESSER funding that run counter to Congressional intent.

The attached spreadsheet, though incomplete due to a lack of transparent reporting from the federal level, attempts to clarify the relative per-pupil amounts provided to public and private schools. The document is important to have at this juncture and will necessarily be refined, updated, and, if need be, corrected as additional information becomes public.
Fiscal Impact Statement: This item does not authorize expenditures.
Implementation and Assessment Plan The District will continue to pursue appropriate support for students as part of the MPS Legislative Agenda.
Recommendation:
Approvals:
Recommended By:
Signed By:
Chris Thiel - Legislative Policy Specialist
Signed By:
Jacqueline M. Mann, Ph.D. - Board Clerk/Chief Officer