1. Federal Education Update
Noelle Ellerson Ng AESA Legislative Liaison November 2018

2. Overview Policy 101 Advocacy 101 Federal Priorities Advocacy Update
Q&A

3. Edu-Policy 101
AESA’s federal advocacy engages with all three branches of the federal government:
Legislative
Congress writes the laws and provides the funding, and drives the majority of our work
Judicial
Supreme Court Cases matter in public education.
Executive
This includes proposals from federal agencies, as well as executive orders and statements from the President

4. Edu-Policy 101
From the federal level, there is a combination of federal policy that impacts the programs that are run and how they are implemented:
Statute
Authorizing Statute
Appropriations Statute
Regulations
Guidance
Supreme Court Cases

5. Edu-Policy 101 Authorizing Statutes Every Student Succeeds Act
Individuals with Disabilities Education Act
Higher Education Act
Carl D. Perkins Career & Technical Education Act
Head Start/Childcare Development Block Grants
Russell School Nutrition Program
Others that aren’t necessarily ‘education’: Farm Bill, Affordable Care Act, Telecommunications Act, et…..

6. Edu-Policy 101
Appropriations Statute: Labor Health Human Services Education & Other (LHHS)
Regulations and guidance come from federal agencies:
US Education Department
Health & Human Services
US Department of Agriculture
Federal Communications Commission, and more

7. Edu-Policy 101 Supreme Court Fry:
Must a family exhaust provisions under IDEA before exercising protections under ADA? Yes, if the issue is directly related to the IEP
Endrew:
Question of level of ‘benefit’ special education must provide – requires an IEP to be “reasonably calculated to enable a child to make progress in light of the child’s circumstances”
Trinity Lutheran
Very limited decision, allows federal funds to go to religious institutions for non-religious activities
Janus
Union fees cannot be mandated for individuals not in the union
Wayfair
States can collect sales tax for online purchases

8. Edu-Advocacy 101 Know the value of your voice as an advocate.
Education administrators are a high-value constituency.
Your voice matters.
You are best positioned to tell your district’s story.
If not you, who? If not now, when?
Think of the AESA advocacy team as an extension of your team.
It is an explicit member benefit of belonging to AESA and your state affiliate to have access to our work.
Don’t hesitate to reach out.

9. Edu-Advocacy Overview

10. Advocacy is all about relationships
Relationships matter; relationships take time.
Congressional staffers range from experts to novices
Be confident that you are an important constituent. You are an education expert; you know your schools and your community.

11. It’s a marathon – not a sprint
Reach out often – not just when you need something
Can you commit to making regular content with your delegation? (ie, once per month)

12. When you have meetings, they may be with your member of Congress, but they may just be with their education staffer
The education staffer often knows more about our issues than the member
Congressional offices are crowded – your meeting may be in the reception or hallway – that doesn’t mean they don’t take you seriously, so don’t be insulted

13. YOU are the expert in the room
Be sure to share information about your district, schools, and the great work being done
Be honest in how a policy is or would affect your schools
If you have questions, be sure to ask

14. Advocacy is not a one-time thing – be sure to follow up often
After your meeting, follow up with the staffer – promise them some information or a resource and send it along
Don’t just be in touch if they sky is falling. Constant communication keeps you on their mind.
Invite your member of Congress to your district – have the photo op with your kids and school

15. AESA Advocacy
It was a year in terms of federal education policy, esp considering it was an election year:
Perkins Career and Technical Education Act was reauthorized
Janus and Wayfair Supreme Court Decisions
Family Separation Statement
School Integration/Affirmative Action Statement
IRS SALT Regulations
Public Charge
Annual appropriations
Federal School Safety Commission

16. FY18 USED Funding $1.3 trillion, with $579 for NDD overall
The final FY18 budget deal raised caps ($80 b for DD, $63 b for NDD)
$1.3 trillion, with $579 for NDD overall
$3.9 b increase to USED (to $70.9 b)
If USED FY12 allocation ($68.1 b) kept pace with inflation, it would be $74.8 b in 2018 constant dollars
Rejects new choice proposals (does fund DC vouchers)
Head Start up $610m
ESSA Title I up $300 m, Title II level funded, Title IV up $700 m to $1b
$275 m increase for IDEA state grants
$75 m increase for Perkins
$3 b increase for programs to respond to opioid crisis
Impact Aid increase of $86 m
First year of funding for SRS since 2015

17. Funding FY19
History setting year. This is the first time in nearly 10 years Congress has reached this point on the LHHS bill (which funds education, among other programs).
It is part of a three -piece package: a bill to fund LHHS, a bill to fund defense, and a bill that would provide a continuing resolution (CR) for the remaining portions of government through December 7.
Between FY18 and FY19, the non-defense discretionary (NDD) portion of the budget received an $18+ billion increase. LHHS represents the largest share of non-defense discretionary funding in the federal budget, and if the overall NDD increase had been allocated an equitable share, the LHHS increase would have been more than $5 billion.
BUT, the conference bill provided an increase of closer to $2 billion for all of LHHS which resulted in nominal increases to a handful of education programs.

18. FY19 USED funding
The final bill provides a $581 m increase in funding for USED, bringing the total to nearly $71.5 billion.
The bill rejects the Trump administration’s proposals to fund vouchers and privatization priorities, as well as proposed program eliminations and the proposal to consolidate USED with the Department of Labor.
Tracking a few key programs, here are some that received increases
Title I, $100m;
Title II I is level funded;
IDEA, $87m
Title IV, $70m
21st Century, $10m
Impact Aid, $32m
Perkins Career & Technical Education, $95m; and
Head Start, $200 m

19. What to Expect from the Unexpected: U.S. Department of Education
ESSA Fiscal Transparency Guidance
ESSA Report on Title I Equity
School Safety Commission Recommendations
School Discipline Guidance decision
Title IX rewrite

20. Political Landscape for 2019
Dems have control of the House. Senate will stay Republican.
What will Dems focus on?
OVERSIGHT, OVERSIGHT, OVERSIGHT
ESSA, $ for guns in schools, discipline guidance/transgender guidance
DACA/Family Separation
Campaign finance violations/impeachment proceedings
FERPA
Seclusion and Restraint
Outside chance they will try to get a deal done re infrastructure
State and Local Elections
Consequences for Wayfair revenues
Fall Out from Tax Bill
The first vote tax payers take after filing will be for…..school budgets.

21. AESA Federal Advocacy ESSA School Nutrition Perkins Career/Tech IDEA
Rural Education (REAP, Forest Counties, Impact Aid)
School Vouchers
E-Rate/Lifeline/EBS
Student Data & Privacy
Medicaid/CHIP
Higher Education Act
Early Education
Affordable Care Act
Regulations: DoL and EPA
Immigration / DACA
Taxes

22. Get Involved, Stay Engaged!
AASA Legislative Team on Twitter
Weekly & Monthly Updates
Websites & Newsletters
EdWeek
Politics K12
Morning Education (Politico)
Real Clear Education
Cabinet Report

23. Assoc Exec Dir, Policy & Advocacy
Questions?
Noelle Ellerson Ng
Assoc Exec Dir, Policy & Advocacy
@Noellerson