Federal and state lawmakers have been scrambling to address the Pandemic. Here’s the progress they have made:
A) Federal Aid
Congress has passed four federal aid packages to address Covid-19.
1. On March 6, Congress passed and President Trump signed into law a nearly $8 billion emergency funding measure for government entities. This measure is intended to develop and purchase vaccines, medical supplies and products, as well as provide state and local governments with preparedness grants, training and other forms of assistance.
2. On March 18, 2020, President Trump signed The Families First Coronavirus Act. It was introduced in Congress on March 11, 2020. Primers on the law are available from three reputable sources:
Wisconsin Manufacturer’s & Commerce has a good overview of the law;
• Another summary in laymen’s terms is available from Jackson Lewis, which has specialized in labor law since 1958;
• and, a legislative summary from from the Association of Christian Schools International (ACSI), whose schools are members of WCRIS.
3. Coronavirus Aid, Relief, and Economic Security (CARES) Act – Signed March 27, 2020
The federal CARES act providing $2 Trillion in financial relief to help manage the impact of the COVID-19 Pandemic, was signed by President Trump on Friday, March 27.
The law also contains the Paycheck Protection Program (PPP), which ran out of money in its first iteration (4/16/20).
4. The President signed a fourth bill on April 24, 2020, providing $484 billion in aid for hospitals and health care workers and increased funding for the Paycheck Protection Program (PPP) for small businesses, including private schools.
The CARES Act (see item 3 above) contains two provisions to help education:
A) The Governor’s Emergency Education Relief (GEER) Funds. Wisconsin’s share is $45.6 million. GEER funds are block grants to states totally controlled by the Governor. It covers K-college. The K-12 funds will flow from the state to public school districts and on to private schools.
Public school districts must provide equitable services to students and teachers in private schools located within the district. Public districts must engage private schools in timely and meaningful consultation.
WCRIS has asked Governor Evers to provide a proportional share of funding to private school students from the federal GEER Funds.
B) The Elementary and Secondary School Emergency Relief (ESSER) Fund. Wisconsin’s share is estimated to be $175 million. Ninety percent of the funds will go to public school districts. The law provides for an equitable services provision, but It is still unclear how the allocations will be apportioned to districts and thus how an equitable share will be calculated.
Here’s what you can do now to prepare for when the state starts sending the money to your local school district:
- Reach Out: Contact your public school district and tell them you expect to be provided timely and meaningful consultation about how the funds will be used, as the law requires.
- Assess: The CARES Act allows the money to be used for 12 purposes. Think now about the needs you have that fit into those categories.
- Know the Law: Read the relevant portions of the CARES act and bring it with you to the consultations, even if they are virtual.
CAPE and its state affiliates around the country, like WCRIS, lobbied federal lawmakers successfully to include private K-12 schools.
B) State Aid
The Wisconsin Legislature has not passed any laws providing emergency aid. It is anticipated that they will call and convene in a Special Session sometime in Spring 2020.
WCRIS is monitoring their work and advocating for equity and inclusion for K-12 private schools.
The Governor’s Executive order #7, however, allows the Department of Work Force Development (WFD) to make changes to unemployment benefits.
Information about unemployment and COVID-19 can be found on the WFD website here.
Resources
1) A helpful PowerPoint on the Families First Coronavirus Response Act and the CARES Act comes from a fellow-CAPE member, the National Association of Independent Schools (3/27/20).
2) The Association of Christian Schools International, which has several schools in WCRIS, has created a Legal Resource webpage with excellent summaries and guides on the impact of the federal Coronavirus aid packages that have been signed into law as of March 30, 2020. ACSI is also a member of CAPE.
3) Small Business Administration Rules:
Thursday, April 2: The Small Business Administration (SBA) published its first Interim Final Rule on the CARES Act’s Paycheck Protection Program.
Friday, April 3: Shortly before midnight, the SBA released a second Interim Final Rule that addresses religious liberty concerns related to the PPP.