The Consolidated Appropriations Act: What does it Mean for Education?

Susan Gentz is the founder of BSG Strategies and an education policy expert working to educate district leaders on funding, flexibility, and opportunities for innovation in state and federal policy.

On December 27th, 2020 President Trump signed the Consolidated Appropriations Act (CAA). The package was essentially two bills in one: the stimulus package and appropriations for the next fiscal year. The total bill was $2.3 trillion dollars; $900 billion for stimulus relief and the remainder to keep the federal government in operation. Of the $900 billion Coronavirus Response and Relief Supplemental Appropriations Act (CRRSA) K-12 education will receive roughly $57 billion. The funds will be distributed largely in the same way as the Coronavirus Aid, Relief, and Economic Security (CARES) Act, which was passed in March 2020. The majority of this fund ($54.3 billion) will be for public schools. The funds will again go to the Education Stabilization Fund (ESF), and state education agencies (SEAs) must distribute at least 90% of funds to local education agencies (LEAs). The language for SEA uses of the remaining 10% of the funds is very vague, stating that the money may be used to “respond to emergency needs as determined by the state agency.” 

The newly passed legislation also provides $4.1 billion for the Governors Emergency Education Relief Fund, and is officially being called the GEER II Fund. This fund is available for governors to direct to either K-12 or higher education entities based on the needs they see in the state. There is one difference in this GEER fund in that there is a set-aside for private schools of $2.75 billion. These schools must agree not to apply for funds from the Payment Protection Program. The Department used the most recent data available for this formula to determine GEER II Fund allocations to States: (1) the 2019 State-level ages 5 to 24 resident population data that the U.S. Census Bureau released in June 2020, and (2) the Title I, Part A formula count from the fiscal year 2021 preliminary Title I, Part A allocations.

Some of the early negotiations included the idea that LEAs would be eligible for funds only if they were offering on-site instruction full-time. This requirement did not pass into law, however.  Every district is still eligible for these funds, regardless of what their learning model currently looks like.

Allowable Uses of the Stimulus Funds

The legislation provides that districts may use the funds to address learning loss, improve school facilities and infrastructure to reduce the risk of transmitting the coronavirus, and purchase education technology. This funding may be spent through September 2022. 

The allowable uses specifically for technology and online learning include:

• Purchasing educational technology that aids in regular and substantive interaction between students and educators.

• Planning and coordinating long-term closures, including providing technology for online learning.

• Planning and implementing online learning during the summer months.

• Supporting provisions found in major education laws, including the Every Student Succeeds Act (ESSA) and the Individuals with Disabilities Education Act (IDEA). Title IV-A of ESSA and Part D of IDEA permits federal funds toward professional learning in effective edtech use.

These allowable uses are fairly vague, giving LEAs quite a bit of leeway regarding how they will spend the funds.

Connectivity

Although the stimulus bill fails to appropriate any funds to the E-Rate program, the stimulus does include $7 billion for connectivity. According to The Verge, “Congress’ latest relief measure provides $7 billion in funding for broadband connectivity and infrastructure. That figure includes $3.2 billion for a $50-per-month emergency broadband benefit for people who are laid off or furloughed during the pandemic, according to a press release from Sen. Ron Wyden’s (D-OR) office on Sunday.” Advocates will be working hard to get E-Rate funds included in the next round of funding under the incoming Biden administration. To be clear, districts will not receive these funds. These will be distributed through the Federal Communications Commission; however, directing families to the $50-per-month benefit could help countless families (an estimated 33 million that are eligible) pay for internet needs.

Professional Development

Addressing learning loss certainly takes ensuring educators are equipped with strategies and tools to work on meeting the student where they are in their learning. There are multiple options both through the covid relief stimulus and omnibus operations funding bill to spend funds on professional development. Districts should not be afraid to be bold in professional development plans with stimulus funds. 

Distribution of Funds

Former Secretary of Education Betsy DeVos sent a letter to all state education agency leaders stating:

 “Consistent with Congressional intent to provide new funding quickly and with minimal administrative burden, you are not required to submit an additional application to receive your ESSER II award. Within the next three days, you will receive a Grant Award Notification (GAN) through the federal grants management system (G5), which provides the ESSER II grant award and details its terms and conditions. 

Although the ESSER II uses of funds are similar to those for ESSER, there are important distinctions between the ESSER II and ESSER programs, including the period of funds availability, equitable services to non-public schools, maintenance of effort, and a report on efforts to measure and address learning loss. You should plan to use all remaining ESSER funds before making use of the ESSER II funds, given the shorter remaining period of availability. “ 

States now have access to the ESSER II funds, which should soon be distributed down to the district level.

Time to Plan

It is critical that districts take the time to plan the use of these funds now, before any are obligated. Devices and connectivity took priority with CARES Act dollars. For many districts, these issues still need to be addressed, but for others this is the opportunity to rethink entire systemic operations and goals. Education is in an exciting place that includes flexibility in assessments and accountability, additional funding, and leadership that encourages innovation in teaching and learning. The CARES Act provided funding to begin the process of anywhere, anytime learning, but this second round of funding can be used to continue on the path to competency-based, personalized learning.