While the internal battles in Congress continue to stifle any real legislative progress, there are several things that the education community, including the private schools, is paying attention to at both the national and state levels. There is no room for complacency once objectives have been reached. Here are some examples of the need for vigilance.
Department of Education budget: Congress continues to pass continuing resolutions to keep the government departments funded. Instead of proposing and debating funding levels for each department, Congress has been dealing with temporary measures to avoid shutdowns instead of reaching an agreement on all appropriation bills for the full fiscal year. The president’s budget request for FY24 is $90 billion for the U.S. Department of Education (ED) — a $10.8 billion (13.6%) increase over current budget allocations. The two largest spending categories are $20.5 billion for Title I and $16.3 billion for Individuals with Disabilities Education Act (IDEA), Part B. The House Appropriations Subcommittee bill contains an overall request of $67.4 billion to the ED, a reduction of $12.1 billion from FY23 year ($22.6 billion less than the president’s budget request) and proposes more than $10 billion rescinding of funding for K-12 education that was already approved by Congress, bringing the overall cut to the Education Department to about 28 percent from FY23. Since most Catholic schools participate in these federal programs, receiving equitable services based on their proportionate share of the federal funds allocated to the local school district, the private school representatives will be monitoring the negotiations and advocating for measures that advance the most equitable participation for its students and teachers, especially those in most need.
Catholic education leaders must become a more articulate and assertive force in shaping public policy debates.
Telecommunications: President Biden recently issued an Executive Order to ensure that the nation is prepared to manage the benefits and risks of artificial intelligence (AI). The order establishes “new standards for AI safety and security, protects Americans’ privacy, advances equity and civil rights, stands up for consumers and workers, promotes innovation and competition, and more.” While the government begins to enact policies to implement the Executive Order, NCEA will be working with other private school organizations to monitor developments and work to protect the independence and autonomy of their schools in adopting policies that befit their mission.
While schools are currently being challenged by students’ use of AI and the ability of administrators and teachers to move quickly enough to keep up with the rapid evolution of this technology, banning it altogether would not be an enforceable option. The challenge for schools is not only how to develop policies to handle issues like protecting data privacy and student use of AI to cheat on assignments but also how to effectively use it to prepare students for life in a world where AI may decrease human values and interactions. Are our diocesan education offices requiring and helping schools to develop AI policies that not only provide strong guidance for staff and students but also include parents in helping all navigate this new reality? Schools can use their ESEA Title II-A and Title IV-A funds to engage in professional development learning opportunities to enhance their knowledge and skills in integrating technology into the teaching and learning environment.
E-Rate: The Federal Communications Commission (FCC) is proposing two new programs that would apply to all schools. The FCC has approved using the E-Rate program to support Wi-Fi hotspots and wireless internet access services that can be used for educational purposes when off school premises on school buses. The FCC has issued a notice of proposed rulemaking to solicit input regarding the implementation of this part of the E-Rate program. It has not been determined if there is time to complete this process in time to meet the application deadlines for the next school year.
The FCC has also proposed a threeyear pilot project to provide up to $200 million in the Universal Services Fund to make cybersecurity and firewall services available for schools and libraries to help them meet the growing cyber threats and attacks on their broadband networks and data. Most schools are not financially able to keep up with the increasingly sophisticated services required to adequately protect school networks. The FCC has released a 74-page notice of proposed rulemaking that outlines its proposals for implementation. NCEA will be working with Education and Libraries Network Coalition (EdLiNC) to review the notice and make recommendations to the FCC to ensure equitable and effective participation of Catholic and other private schools in the pilot program.
ESEA Title programs: The ESEA Title VIII guidance document released in July deals with various programs that are accessible to private school students and educational personnel. There is invaluable information therein about Titles II-A, III-A and IV-A that school officials should be aware of during the consultation process for equitable services. Too often our schools are denied their proportionate share of the funding due to misunderstandings of the law and regulations—this guidance should alleviate a lot of the confusion. Perseverance pays off! Congratulations to Paul Escala, superintendent, and his team from the Archdiocese of Los Angeles (ADLA) regarding a final resolution to a five-year struggle with the Los Angeles Unified School District (LAUSD) regarding the ED’s finding that LAUSD failed to accurately count the number of children from low-income families in ADLA schools and did not properly follow the consultation protocols with ADLA. As the archdiocese begins the process with the LAUSD to seek immediate remedy to the consultation process, their victory has implications for other eligible children in non-public schools throughout the nation as both inspiration and hope for engaging in meaningful consultation between the public and private school officials.
School choice: 2023 has been a banner year for school choice! There has been a proliferation of new or expanded private school choice programs: 14 states have passed bills establishing or expanding existing choice options for parents. In total, lawmakers in 42 states have introduced bills, though not all were successful. Eight states now offer universal school choice using education savings accounts (ESAs). Those programs allow parents to use public funds for private school tuition and other education services and products. But, as state governments change hands, we have seen attempts to change the status quo.
Despite the U.S. Supreme Court’s several decisions supporting choice programs based on the federal constitution, state legislatures and courts are pursuing challenges based on state constitutions. The Illinois legislature recently curtailed the Invest in Kids tax credit program, curtailing scholarships for more than 9,500 students and a lawsuit in Wisconsin threatens to eliminate the long-standing state voucher programs that serve more than 50,000 students. Additional challenges are pending to programs in South Carolina and Ohio. Going forward, national attention will be focused on the reauthorization of the D.C. Opportunity Scholarship Program, the only federally funded choice program. Despite its 20-year existence, reauthorization is always a contentious process. The usual choice advocates in D.C. will be leading the charge for full—and hopefully—permanent reauthorization of this very successful program.
If the Catholic education community is to succeed in participation in federal programs and initiatives while continuing to further its mission, Catholic educational leaders must become a more articulate and assertive force in shaping both the direction and content of public policy debates that impact the schools at both the national and state and local levels. The aphorism, eternal vigilance is the price of liberty (and fairness) is more relevant than ever!
Sister Dale McDonald, PBVM, Ph.D.mcdonald@ncea.org