The Advocate February 2022: Legislative Limbo- How Low Will It Go?

As we head into February—fresh on the heels of a Punxsutawney Phil who saw his shadow, bringing us six more weeks of winter—we find Congress also looking at an extension, albeit one of the federal budget, which is past due. And the annual appropriations cycle isn’t the only thing in limbo: when it comes to things to watch in Congress this month, it’s a hat trick: annual appropriations, school meal waivers, and Head Start vaccine mandate.

• Annual Appropriations: Federal fiscal year 2022 (FY22) started on October 1, 2021. FY22 dollars will be in schools for the 2022-23 school year. And while FY22 started on Oct 1, Congress did not complete its funding work on time. When the funding is completed on time, we either get a federal shutdown, or Congress buys itself more time via a continuing resolution, which just extends the timeline and buys Congress more time to complete its funding works. We are in our second CR of FY22, and the current one expires on February 18. In terms of where we stand on FY22 appropriations specifics, the potential, as it relates to education and the things we prioritize, is very good: The President, House and Senate have all proposed budgets that prioritize education and include significant increases for critical formula programs like Title I and IDEA. Democratic majorities remain in both chambers, and while almost everything in this town is currently hyperpolitical and partisan, one thing that can consistently be bipartisan is the annual appropriations work. Where it gets complicated is actually the timing: when we get this far into the fiscal year, it is increasingly likely Congress chooses to do a year-long CR, which would level fund the federal government for the full year. While year-long CRs were a safer thing under the previous administration to help protect against education cuts, we are opposed to a year-long CR in this scenario. A year-long CR would mean level funding, which would mean no increase for Title I and IDEA. We need clear messaging to Capitol Hill to finish the appropriations process in normal order, and to include the proposed education increases. And, as soon as that dust settles, Congress will pivot to the FY23 budget process, which usually kicks off in February.

• Head Start: We are waiting additional clarify from HHS detailing how Head Start will be impacted by the vaccine mandate for employers.  On November 30, 2021, HHS implemented an interim rule establishing a COVID-19 vaccine and masking mandate for Head Start programs. The masking requirement took effect immediately while the vaccine mandate required Head Start teachers, staff, and contractors working directly with children to be fully vaccinated by Jan. 31, 2022. 24 states challenged the rule, and on January 1, 2022, a federal district judge blocked the vaccine requirement for Head Start employees in the states that signed onto the lawsuit. (AK, AL, AR, AZ, FL, GA, IN, IA, KS, KY, LA, MO, MS, MT, ND, NE, OH, OK, SC, SD, TN, UT, WV, and WY. ) TX filed a separate law suit, meaning that 25 states are exempt from the vaccine mandate in Head Start programs, but the remaining 50 states are subject to the provision. We are awaiting further clarification on what that implementation will look like. AASA is currently partnering with our friends at the National Head Start Association to pen a joint letter asking the administration and Congress to act expeditiously to revise implementation guidance for their vaccine mandate to eliminate conflicts between inter-governmental policies. We’ll post the final letter to the blog once it is delivered!

• School Meal Flexibilities: AASA is committed to extending the school meal flexibilities in place under COVID through the 2022-23 school year. The current flexibilities last through the 2021-22 school year; anticipating continued disruptions due to COVID, and the fact that child hunger won’t end just because the pandemic may subside or become endemic, it is critical Congress take action to extend the flexibilities, either in an appropriations bill, a revised version of the Build Back Better package, or (less likely) a school meal reauthorization. 

And if those issues don’t capture your attention, or you’re wondering what else we might be working on at the federal level, here’s a quick run down of other policies we are supporting:

• Extension of ARP Timeline to Support Infrastructure Work: AASA is spearheading an effort—an uphill effort, at that—to push the Congress and administration to extend the timeline on ARP ESSER dollars to support infrastructure projects through September 2026. Read the related op-ed as it appeared in the Washington Post.
• Regional Calls with USED: AASA is pleased to be working with USED to facilitate ongoing, rotating regional calls for school superintendents to speak directly with USED Secretary Miguel Cardona and Deputy Secretary Cindy Marten. You can check out the anticipated schedule of upcoming calls here.
• Title I Funding Formula: While this has a next-to-zero chance of getting over the finish line (or anywhere near it) this year, AASA is pleased to be reunited in our effort with Rep. Glenn Thompson (R-PA) to revise and update the Title I funding formula to better target the dollars based on concentration of need.
• Medicaid Claiming in Schools: We continue to work with the Biden Administration to push them to streamline the paperwork burden schools have to navigate to realize the full funding they’re due for the Medicaid services they provide to students. 

We’ll also be in Nashville this month for the National Conference on Education; join us on Friday February 18 at 12:45 p.m. CT for our in-person advocacy update. We hope to see you there.