Early Emerging Trends in 2021 State Policy

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.

The 2021 legislative session began only a few weeks ago, but there has been a flurry of action taking place. It appears and feels like many legislatures are moving at full speed ahead in case of a COVID-19 outbreak that might force the session to stop for a time to get the virus under control. This means the pace of the year feels faster than normal.
 
Bill introductions are coming in fast, and predictably, have a large focus on education and education technology. This year has already brought forth several proposals with the goal of giving families more options and control over the education of their students.
 
Even in the short time session has been in, themes are already starting to emerge. There is a clear push for increasing parental options, expanding access to courses, and consideration of alternate funding streams.
 
Most of the bills are just proposals, with very few being signed into law at this early stage. It is important to remember that countless bills are introduced every year without any movement after. Still, a quick review of introduced bills at this point may provide some early insights into themes we will see as the session progresses. This is not a comprehensive list, but instead provides an overview.
 
Options & Access
 
Policymakers in New Hampshire have introduced a bill that speaks specifically to establishing parent choice in where a student is enrolled. It provides that pupils who are New Hampshire residents shall be able to attend any public school, public academy, or program within New Hampshire, or in any state that has an interstate compact with New Hampshire, that does not require nonresident pupils to pay an application fee or tuition. The bill also states that every school district shall adopt such policies and procedures as are reasonable and necessary to implement the provisions of this chapter including, but not limited to, timelines for application to and acceptance in any program or school which may provide for enrollment of the student on or before October 1. The bill goes on to state that a parent may enroll their child in the public school or public academy of their choice without regard to residence or district.
 
Education leaders across the country have now invested billions of dollars in providing devices and connectivity and policymakers are looking ahead to how these investments will be used once in-person learning returns (if it hasn’t already.) In Indiana, policymakers have set forth a proposal to streamline the process of allowing students quick approval to the course access program. The bill requires that, not later than 15 days after submission of a request, a school corporation must notify an eligible student's parent or an emancipated eligible student whether the school corporation approves or denies the student's request to enroll in a course access program course. The bill also establishes the reasons for which a school corporation may disapprove an eligible student's enrollment and requires the department of education to establish a period of time each calendar year in which the department shall accept applications for course provider authorization and approval of course access program courses.
 
The Mississippi House of Representatives has a bill to consider that would create the "The Digital Access Learning and Virtual Instruction Program Act of 2021." This bill would provide for the expansion of digital access learning opportunities to all Mississippi public school students; and aim to remove any impediments to the expansion of digital access learning opportunities through requiring the department to publish quality courses that are available, among other things.
 
Alternate Funding Streams
 
It is apparent states are grappling with how to allow options for families while considering potential changes in funding flows to public schools, including mainstream districts. Several states are laying new proposals on the table.
 
Indiana is considering a bill that establishes a definition of "virtual instruction" for purposes of determining a school corporation's basic tuition support using the average daily membership (ADM).
 
Iowa passed a bill that creates scholarships that would allow parents to move students out of public schools that do not meet federal guidelines, ends the use of voluntary diversity plans to deny open enrollment requests, adopts provisions on charter schools and increases the tuition tax credit.
 
Missouri is considering a bill that would make several changes to how to calculate and distribute state aid. Under this act, full-time equivalent students would not be included in the student enrollment of the school district in which such student resides.
 
“The Department of Elementary and Secondary Education shall pay any Missouri Course Access and Virtual School Program an amount equal to the average daily attendance for the student's district of residence. A virtual school program serving full-time equivalent students shall be considered an attendance center as defined in current law.”
 
The bill would make changes to current law requiring a school district or charter school to allow any eligible student who resides in such district to enroll in Missouri Course Access and Virtual School Program courses if, prior to enrolling in any such course, a student has received approval from his or her school district or charter school. This act repeals the provision requiring a student to receive approval from his or her school district. If the school district or charter school believes a student's request to enroll in a virtual program is not in the best educational interest of the student, the reason shall be provided in writing to the student's parent or guardian, who shall have final decision-making authority.

The Department, rather than each school district or charter school, shall adopt a policy that delineates the process by which a student may enroll in courses provided by the Missouri Course Access and Virtual School Program.

Additionally, the bill would also change current law from requiring costs associated with such virtual courses to be paid by the school district or charter school directly on a pro rata monthly basis based on a student's completion of assignments and assessments. Under this act, costs shall be paid by the school district or charter school, or by the Department for full-time equivalent students, to the provider on a pro rata basis once per semester based on a student's completion of assignments and assessments. “
 
Moving Forward
 
Although there is a lot of action happening in the states, it’s still very early. Just because these bills are introduced certainly does not guarantee that they will become law. We will keep you updated on the latest from coast to coast on opportunities and challenges to digital learning.