FEDERAL ISSUES
What's the backstory?

Most WPSBA advocacy is directed toward NY state legislators – after all, the Constitution specifically leaves unenumerated powers (including education) to the states. Most education funding and policies are decided at the state level. Nonetheless, the federal government still has a substantial impact on public education. 

Lyndon Johnson’s “war on poverty” and the civil rights focus of the 1960’s led to a significant role for the federal government in education through the 1965 Elementary and Secondary Education Act (ESEA). The funding available, especially through Title I (focused on low-income students), required states and local districts to implement academic achievement goals required by the act. Subsequent reauthorizations and updates of the ESEA include the 2001 No Child Left Behind (NCLB) that added a testing requirement to push for Adequate Yearly Progress (AYP) for students in each demographic category and from each school. The current iteration of ESEA, is the Every Student Succeeds Act (ESSA), passed in 2015, that maintains the testing requirement, but focuses on plans required of each state to determine how students can become (in the words of NYS’ ESSA plan) “college, career and civically ready” to graduate from high school (see School Board Member NYS ESSA Fact Sheet).  

Concern over educational equality for children with disabilities led to the 1975 Education for All Handicapped Children Act (EHA), which in 1990 was reauthorized as the Individuals with Disabilities Education Act (IDEA). IDEA provides federal funding for children with disabilities with the requirement that school districts ensure a Free Appropriate Public Education (FAPE) through support and services unique to their individual needs as laid out in an Individualized Education Plan (IEP) that should be provided in the Least Restrictive Environment (LRE), at no cost to the parents.  

As a final historical point, in 1996, the Telecommunications Act provided for E-Rate funding for internet connectivity in schools and libraries.  School districts may use E-Rate funds for internet connectivity to and within school buildings, including Wi-Fi access. 
What's the latest?  

The pandemic and the new federal administration have brought renewed attention to public education at the federal level. Three pandemic relief packages have been targeted (in part) at public schools throughout the country – the Coronavirus Aid, Relief and Economic Security (CARES) Act in March 2020, the Coronavirus Response and Relief Supplemental Act (CRRSA) in December 2020, and the American Rescue Plan Act (ARPA) in March 2021. Although in New York State much of the funds from CARES and CRRSA were used to replace expected state aid funding, the federal government was intending that public schools receive significant amounts of additional aid during the pandemic. (The WPSBA website has information on local school district allocations under CARES in the 2019-20 SY and CRRSA/ARPA in the 2020-21 SY).  

IDEA funding remains a key advocacy issue for P-12 education. The original commitment of the federal government was to cover 40% of the costs of providing special education services to all students who need them under IDEA. Currently, this is funded at approximately 13%. 

E-Rate was intended to improve school buildings' connectivity, but the larger issue that the pandemic has laid bare is the overall digital divide, or what was referred to as the “homework gap”. The pandemic brought to light how many students did not have the home resources and access to quality broadband services to participate in virtual schooling, as well as complete homework. Adequate internet service at an affordable price remains an issue throughout the country, including suburban districts such as in Westchester and Putnam counties. 

Most recently, the Tax Cuts and Jobs Act of 2017 placed a $10,000 cap on the state and local tax (SALT) deduction, effectively ending much of the federal assistance to high-tax states and jurisdictions, including high property tax areas like the suburbs of New York City. As school taxes are the largest share of property taxes in our region, the reduced tax deductibility of those payments squeezes the budgets of taxpayers in our area, creating incentives to vote against school budgets or to move out of state. 
What's next?

Join WPSBA’s current advocacy campaign focused on repealing the SALT deduction cap, by sending a VoterVoice email letter to federal legislators. This campaign is especially timely as Congress is considering a reconciliation package that may or may not include changes to the SALT deduction cap in the coming weeks.  

Through NYSSBA and NSBA, advocacy is ongoing regarding additional funding for IDEA. The National School Boards Association devotes a lot of effort to advocating for IDEA funding, as is evident on their IDEA advocacy webpage.  

Finally, stay informed about advocacy focused on the digital divide, which is critical at every level of government. The Lower Hudson Education Coalition (LHEC) and WPSBA provide focused state advocacy on plans to improve the homework gap for our students. At the state level, the Educational Conference Board (ECB) demonstrates the need to bridge the digital divide as evidenced in their 2021 report.  NSBA is focused as well on federal advocacy to close the homework gap.   
TAKE NOTE: 
As a 501(c)3 nonprofit organization, WPSBA advocates on issues that benefit public education in our region. We do not engage in lobbying or advocacy focused on specific legislation.