April 2023 Outlook

April 2023 | Number 484

Indiana Expands School Choice to (Almost) Everyone

Early this morning, the Indiana Legislature approved legislation that would expand eligibility for its school choice offerings to 97% of Indiana families with school-age children. According to the American Federation for Children:

Indiana’s voucher program is now available to any family below 400% of Free and Reduced Lunch (FRL) levels, or $222,000 for a family of four.

The various pathways previously required to participate in the program have been eliminated.

Income eligibility for Indiana’s tax credit scholarship and ESA programs was also increased to 400% of FRL.

Governor Eric Holcomb is expected to sign the bill, which would make Indiana the seventh state to pass universal or near-universal school choice programs since 2021, and the fifth this year.

South Carolina Passes ESA Bill

The South Carolina Legislature has approved legislation creating an education saving account (ESA) program in the Palmetto State. Private school tuition will be among the eligible uses of the funds.

According to the South Carolina Catholic Conference:

Qualifying students for the program include active military families, and families whose incomes are less than 200 percent of the Federal Poverty Level (FPL). Eligibility for the program expands to 300 percent of FPL in year two and to 400 percent of FPL in year three. For School Year 2024-25, the program is capped to 5,000 scholarships. That number increases to 10,000 scholarships in 2025-26 and 15,000 in 2026-27. Each ESA is worth $6,000. Gov. Henry McMaster is expected to sign the bill soon.

OK Panel Votes Against Religious Charter Proposal

In a highly anticipated decision, the Oklahoma Statewide Virtual Charter School Board voted unanimously against approval of an application for the nation's first religious charter school.

According to Chalkbeat, the vote "delayed a final decision on the application for St. Isidore of Seville Catholic Virtual School. The school can submit a revised application, which could come before the board again as soon as next month." Board chairman Robert Franklin said in a phone interview with Reuters before the meeting that it is not unusual to deny a school's application on a first vote but later approve it.

All parties appear to recognize that this contentious issue is ultimately headed to the courts.

Final "Stronger Connections" Guidance for New Title IV Funds Released

After the horrific school shooting in Uvalde, TX, Congress passed gun safety legislation that included $1 billion in new Title IV funding which can be used for "violence prevention," which includes "the promotion of school safety, such that students and school personnel are free from violent and disruptive acts...through the creation and maintenance of a school environment that is free of weapons." The funds carry an equitable services requirement, which means that private schools are eligible.

The US Department of Education has released finalized FAQs on the program. Interested schools should reach out to their LEA and SEA post-haste.

Late Liquidation Extensions for ESSER & GEER

From K-12 Dive:

Seven states and the District of Columbia got the OK from the U.S. Department of Education to take additional time to spend down money from the first round of federal COVID-19 relief funds directed to districts, known as the Elementary and Secondary School Emergency Relief I, said James Lane, senior advisor in the Office of the Secretary, in an email to K-12 Dive.

The seven states, along with the District of Columbia, that requested and received approval to extend districts’ ESSER I spending timeline now have until March 30, 2024, or 14 months beyond Jan. 28, 2023, to draw down those funds. Collectively, these states asked to delay $6.6 million — or about 0.05% — from the total $13.2 billion allocated. In addition to the District of Columbia, these states are: Illinois, Indiana, North Carolina, Mississippi, Ohio, Texas and Wisconsin.

The five states allowed to push back their GEER CARES Act spending deadline now have the same deadlines as the extensions for ESSER I allocations. GEER allocations under CARES totaled nearly $3 billion, and the five states requested collectively to delay spending for $5.7 million, or 0.19%. These states are: Indiana, Missouri, Nevada, Pennsylvania and Rhode Island.

Only 11 states and the District of Columbia submitted applications for extensions, and all were approved.

Biden Administration to Change Title IX Regs on Sports Participation

On April 6, the US Department of Education released a notice of proposed rulemaking on athletic eligibility under Title IX. The comment period closes May 15. Observers expect this to be an extremely controversial rulemaking that will likely end up in court.

National Green Ribbon Schools Named

The US Department of Education has named three private schools as winner of the Green Ribbon Schools award for their innovative efforts to reduce environmental impact and utility costs, improve health and wellness, and ensure effective sustainability education. The winners are: