Translate

Showing posts with label Federal Funding. Show all posts
Showing posts with label Federal Funding. Show all posts

Thursday, June 11, 2026

Summary of Key Changes in OMB’s Proposed Federal Financial Assistance Rule: Russell Vought is going to destroy American Science

Russell Vought
Russell Vought’s hostility toward higher education research is not anti-intellectualism in the simple sense. It reflects an authoritarian theory of knowledge embedded in the governing vision he helped construct as a principal architect of Project 2025.

As Elizabeth Ginexi warns in her May 28, 2026 Substack analysis, OMB’s proposed overhaul of federal grant rules would translate that vision into a government-wide apparatus of political control "layered over every stage of the federal science lifecycle" such that senior appointees could override expert peer review. They could require grants to advance presidential priorities. They could subject research to an undefined standard of “Gold Standard Science,” as well as terminate ongoing awards without any finding of fraud or misconduct.
 
The proposal would also make federal support for conferences, scholarly memberships, journal access, publication, public communication, and international collaboration contingent upon administrative approval—giving political officials influence not only over what research is funded, but also over whether scholars can develop, test, share, and defend their findings.

Research would remain tolerable only when it serves the executive’s ideological agenda. Peer review becomes suspect because it is independent; academic freedom because it is pluralistic; and DEI, climate science, gender studies, public health, and civil-rights research because they can produce evidence that challenges hierarchy and concentrated power. 

What Vought calls “taming the bureaucracy” is therefore not merely an administrative project. It is an effort to subordinate universities, scientific inquiry, and public knowledge to presidential authority—to tame knowledge itself.

Yes, all of this is pretty dire and outrageous. One thing all can do is submit a public comment. Everyone should do this. The deadline is July 13, 2026 for doing so. Ultimately, we must vote this administration out of power.

-Angela Valenzuela

Summary of Key Changes in OMB’s Proposed Federal Financial Assistance Rule

Russell Vought is going to destroy American Science


Elizabeth Ginexi | Substack | May 28, 2026

Federal Register, May 29, 2026 | Docket OMB-2026-0034 | Comment Deadline: ~July 13, 2026

https://www.federalregister.gov/public-inspection/2026-10817/regulation-for-federal-financial-assistance

1. Political Appointees Take Control of Grant Awards (§200.205)

This is arguably the most consequential change in the rule. Senior political appointees, rather than career scientists or program officers, would now be required to conduct a “pre-issuance review” of every discretionary grant before it is awarded. These appointees are explicitly forbidden from deferring to peer reviewers or routinely ratifying their recommendations.

The criteria they must apply include blocking awards that touch on denial of “the sex binary in humans,” illegal immigration, or anything deemed to “promote anti-American values.” The rule also requires that discretionary awards must:

“...demonstrably advance the President’s policy priorities.”

In practice, this gives political appointees a veto over any science that conflicts with the current administration’s ideology.

2. Peer Review Is No Longer Binding (§200.205(d))

The rule explicitly states that peer review recommendations “remain advisory and are not ministerially ratified, routinely deferred to, or otherwise treated as de facto binding.” This directly dismantles the post-WWII system used by NIH, NSF, DOE, NASA, and nearly every science agency, in which independent expert peer review was the primary measure of scientific merit. Under this rule, a political appointee can simply override the scientific community’s judgment with no finding of cause.

3. “Gold Standard Science” as an Undefined Political Test (§200.205)

The rule repeatedly invokes a concept called “Gold Standard Science,” tied to Executive Order 14303 of May 23, 2025, without defining it in any concrete or measurable way. Under the proposed requirements:

• All grants must include benchmarks for compliance with “Gold Standard Science”

• Agencies must prioritize institutions that have “demonstrated success in implementing Gold Standard Science”

• Institutional prestige and historical reputation are explicitly deprioritized in favor of compliance with this undefined standard

Because the standard is never defined, the administration retains broad, unguided discretion to favor or disfavor institutions based on their political alignment.

4. Active Grants Can Be Terminated at Any Time, for Any Reason (§200.340)

The rule codifies and expands the authority to terminate active grants mid-award simply because they are “inconsistent with program goals or agency priorities.” Agencies need only provide a brief written rationale; no finding of noncompliance or fraud is required. This retroactively threatens ongoing multi-year research that researchers and institutions have built programs around.

OMB frames this as analogous to the “termination for convenience” clause used in federal contracts, but grants are fundamentally different instruments. Researchers take on staff, make commitments to participants, and design years-long projects around the presumption that a funded grant will run its course.

5. DEI, Gender Research, and Related Topics Banned as Grant Conditions (§200.300)

All federal award funds are prohibited from being used to “fund, promote, encourage, subsidize, or facilitate” any of the following:

• DEI or DEIA policies or practices

• “Gender ideology,” defined as any theory that “denies the biological reality of sex or the sex binary”

• Any assistance with gender transition for individuals under 19

These restrictions are embedded as mandatory grant conditions across all agencies and all programs. A university or research institution that conducts such research, even with entirely separate, non-federal funds, could face grant termination if the activity is found to conflict with award conditions.

6. Broad Prohibition on International Scientific Collaboration (§200.220)

A new government-wide rule prohibits the use of any federal funds, including indirect costs, for bilateral or multilateral collaboration with “covered foreign countries” or entities affiliated with them. The rule extends beyond China to all countries designated under broad sanctions lists, and covers travel, research activities, technical assistance, and indirect costs allocable to any such collaboration.

While legitimate national security concerns exist with certain foreign entities, this provision is sweeping enough to severely disrupt international partnerships that have been foundational to U.S. leadership in fields from climate science and astrophysics to genomics and epidemiology.

7. “Domestic-First” Framework for Research Awards (§200.202(e))

A new domestic-first framework requires that any international element in a federally funded R&D grant be affirmatively justified on a case-by-case basis by agency officials. Foreign entities cannot receive R&D awards at all except with written approval from a senior political appointee. International collaboration, currently standard practice across many scientific disciplines, would become presumptively disfavored.

8. Applicants Can Be Denied Based on Organizational “Affiliations” (§200.206)

The risk factors agencies may use to deny a grant application are expanded to include an applicant’s membership in or affiliation with organizations that “advocate for the overthrow of the United States Government” or “undermine public safety or national security.” Given the preamble’s expansive framing of what constitutes anti-American activity, this language could be used to disqualify researchers affiliated with civil rights, environmental, or public health advocacy organizations.

9. E-Verify Mandated for All Grant Recipients (§200.303)

All recipients and subrecipients of federal awards must enroll in and use the DHS E-Verify system for every employee and contractor working on a federal award. Any Final Nonconfirmation must be reported to the federal agency. This adds significant administrative burden to universities and research institutions and could jeopardize grants at institutions employing researchers from abroad.

10. OMB Claims Direct Binding Authority Over All Agencies

The rule restructures 2 CFR to make OMB’s guidance a directly binding regulation on all agencies, effective government-wide on a single date. This removes the previous system under which individual agencies had meaningful flexibility in adopting OMB guidance. It also eliminates the ability of individual science agencies to shield their communities from any of these changes through their own implementing rules.

Conference Attendance and Related Costs

11. Conference Attendance Now Requires Express Agency Pre-Approval (§200.432)

Under current rules, conference attendance related to the scientific work of a grant is a standard, routine allowable cost. The proposed rule eliminates that presumption entirely. The new text states:

“The costs for attending conferences are allowable only if participation in the conference is expressly approved by the Federal agency and included in the terms and conditions of the Federal award.”

This means every conference a researcher wishes to attend using grant funds must be pre-approved by the agency and written into the award at the time it is made. Conferences not anticipated when the award was issued cannot easily be added later, and the agency has full discretion to deny approval or simply decline to include any conferences in the terms at all.

Conferences are where scientists present results, receive peer critique, discover new approaches, and build the collaborations that advance their fields. Giving political appointees gatekeeper authority over conference attendance is a direct tool for isolating researchers from their professional communities.

12. Professional Memberships Require Prior Approval and Must Be “Necessary” (§200.454)

The proposed rule makes three significant changes to allowable membership and subscription costs:

• Professional society memberships are only allowable if they are necessary to fulfill the award requirements and receive prior written agency approval

• Subscriptions to professional, academic, and technical journals are made categorically unallowable

• Memberships in organizations whose primary purpose is lobbying or issue advocacy are unallowable

The journal subscription ban deserves particular attention. Researchers routinely use grant funds to access the scientific literature that is foundational to their work. At institutions with constrained library budgets, this could make it genuinely difficult to conduct research.

13. Publication Costs and Open Access Fees Presumptively Unallowable (§200.461)

The rule proposes that all journal publication costs, including article processing charges, open access fees, and similar fees, are unallowable by default. Exceptions would require either a specific statutory mandate or case-by-case agency pre-approval. The proposed regulatory text reads:

“Publication costs (including page charges, article processing charges (APCs), or similar fees such as open access fees for professional journal publications and other peer-reviewed publications) are unallowable under Federal awards.”

This directly conflicts with longstanding federal open access mandates, including the 2022 OSTP memorandum requiring that federally funded research be made publicly available. Peer-reviewed publication is the mechanism by which science is validated and shared. Making it financially prohibitive for federally funded researchers to publish their findings would effectively suppress the scientific record.

14. Public Communications and Outreach Severely Restricted (§200.421)

All public relations costs are proposed as unallowable except those explicitly required by statute. This would restrict researchers from communicating findings to the public or press. Combined with the issue advocacy prohibition below, it adds another layer of control over how federally funded science reaches the public.

15. New “Issue Advocacy” Prohibition (§200.450)

Federal grant funds could not be used for:

• Any messaging that promotes or opposes a “particular social, political, or public policy position unrelated to the statutory objectives” of the award

• Voter registration activities

• Attempting to influence any state executive branch agency on matters outside the precise scope of the award

Given that the rule’s preamble characterizes climate science, public health research, and equity research as “divisive ideologies,” this prohibition could be deployed to bar researchers from speaking publicly about their own federally funded findings on politically sensitive subjects.
Notices of Funding Opportunities: New Restrictions and Controls

16. Program Goals Must “Align with Administration Policies and Priorities” (§200.202)

Every new federal grant program, including science programs, must now be designed with goals that explicitly align with administration policies and priorities. This requirement is embedded directly in the regulatory text governing program design, meaning science agencies must structure their grant solicitations around the current administration’s political agenda rather than solely around scientific need, statutory mandate, or the advice of the scientific community.

17. Agency Heads Can Exempt Grant Competitions from Public Notice (§200.204)

A new exception allows a federal agency head, or their designee, to approve an exemption from the requirement to publicly post a funding opportunity on Grants.gov when “publicly announcing an opportunity would pose a risk to national security or is in the national interest of the United States.” While narrow national security carve-outs for classified defense research are legitimate, this language is considerably broader. “National interest” is a phrase this administration has used expansively, and it could justify conducting entire grant competitions outside public view.

18. Agencies Can Restrict Eligibility to Specific Nonprofit Categories (§200.202(d))

Agencies can now explicitly restrict grant eligibility to specific IRS nonprofit categories, for example limiting eligibility to 501(c)(3) organizations while excluding 501(c)(4) organizations. This could be used to exclude advocacy-affiliated scientific organizations or civil society groups that conduct or fund research.

19. OMB Gains Direct Oversight of Which Institutions Receive Grants

A new provision allows OMB to require agencies to submit reports identifying the specific recipients of federal awards over any given period. Combined with OMB’s new authority to require political alignment in program design, this gives the White House direct oversight and leverage over which institutions receive federal research funding. That function has historically been insulated from political interference, and with good reason.

Bottom Line

Since World War II, the United States built the world’s preeminent scientific enterprise on a straightforward principle: federal dollars should fund the best science, as determined by independent experts rather than politicians. Peer review, open competition, and institutional autonomy were the pillars of that system. This proposed rule dismantles all three, simultaneously, government-wide, and binding on every federal agency by October 1, 2026.

What OMB is proposing is not a reform of grants management. It is a complete political control apparatus layered over every stage of the federal science funding lifecycle.

• Before a competition opens, every program must be designed to align with the President’s policy priorities, not scientific need, statutory mandate, or expert consensus.

• When opportunities are announced, agencies can restrict who is eligible, and the agency head can exempt solicitations from public posting under a broad national interest exception.

• When applications are reviewed, political appointees must personally evaluate every discretionary grant. Peer review is explicitly reduced to advisory status. Appointees are forbidden from deferring to scientific experts.

• When awards are made, grants can be conditioned on compliance with an undefined “Gold Standard Science” standard, and institutions can be disqualified based on their affiliations or the political character of their prior work.

• During the research itself, scientists cannot attend conferences, join professional societies, subscribe to journals, or publish in peer-reviewed journals without express agency pre-approval. Each of those approvals can simply be withheld.

• At any moment, an active grant, including a multi-year award already mid-project, can be terminated because a political appointee decides it no longer aligns with agency priorities. No finding of misconduct is required.

• When results are ready to share, publication costs are presumptively unallowable, and any public communication that could be labeled issue advocacy on a sensitive topic puts the entire award at risk.

The rule is also notable for what it cites as justification. The preamble relies heavily on Heritage Foundation reports, partisan Senate committee documents, and White House fact sheets, rather than independent scientific or administrative assessments. It characterizes decades of peer-reviewed research on climate, public health, equity, and international collaboration as “woke,” “neo-Marxist,” “anti-American,” or “divisive ideology.” It treats the scientific community’s professional infrastructure, including conferences, journals, international partnerships, and open access publishing, as wasteful overhead to be controlled or eliminated.

Congress has repeatedly appropriated funds for science agencies with the expectation that those funds would be administered through merit-based, expert-driven processes insulated from political interference. This rule attempts to override that expectation administratively, without new legislation, by repurposing OMB’s grants management authority as a vehicle for political control of science.

The public comment period closes approximately July 13, 2026 (45 days from May 29 publication). Comments must be submitted to regulations.gov, Docket OMB-2026-0034.

Scientists, universities, scientific societies, patient advocacy organizations, state governments, and members of the public all have standing to comment. Given the scope of what is proposed, the breadth and volume of opposition in the formal record will matter both legally and politically.

Friday, April 24, 2026

Winning the Case, Losing the Ground: How Policy Threats Still Govern—Especially Through Proposed Funding Cuts, by Angela Valenzuela, Ph.D.

Winning the Case, Losing the Ground: How Policy Threats Still Govern—Especially Through Proposed Funding Cuts

by

Angela Valenzuela, Ph.D.

April 24, 2026

A court victory can halt a policy. It cannot, on its own, undo the conditions that policy created. The recent injunction against the NIH’s proposed cap on indirect costs is a clear legal win—one that reaffirms procedural integrity and the limits of executive overreach. But the terrain on which universities operate has already shifted, and it has shifted most decisively through the politics of funding cuts.

The Trump administration’s proposed 15 percent cap on indirect research costs—long a source of uncertainty across higher education—ultimately met a significant legal barrier. In a January 5, 2026 decision, the U.S. Court of Appeals for the First Circuit unanimously affirmed a lower court ruling blocking the National Institutes of Health (NIH) from implementing the cap. The court held that the policy violated federal law, bypassed required procedures, and unlawfully imposed a blanket limit across all NIH grants. The nationwide injunction remains in place. Universities, for now, can continue to rely on their negotiated indirect cost rates (American Council on Education, 2026).

This is, by any reasonable measure, good news.

And yet, without reckoning with the politics that animate it, this is far from the whole story.

Even before the courts intervened, the proposed cap had already begun to do its work. As Zahneis (2025) reports, internal communications at the University of Iowa reveal a striking institutional response: confusion, financial alarm, and a palpable sense of political constraint. Faced with the prospect of losing tens of millions in research support, university leaders acknowledged their “limited ability to publicly fight” the policy. Faculty were advised to speak only as private citizens. Public messaging was deliberately softened—“we will need to tone it down a bit.” Meanwhile, the institution began pausing grant submissions, slowing hiring, and preparing for contraction.

In other words, the chilling effect preceded the legal outcome.

This is what governing through funding looks like. It is also what I have called shadow censorship: a form of constraint that operates not through formal prohibition, but through anticipatory compliance. The policy itself may be blocked, but its signal—its warning—circulates widely. Institutions read that signal and adjust accordingly. Speech narrows. Risk tolerance declines. Strategic silence emerges, not by mandate, but by design.

The First Circuit’s ruling is therefore both a victory and a revelation. It affirms that agencies like the NIH cannot unilaterally rewrite the terms of federal research funding in ways that violate congressional intent or established regulatory frameworks. It also reinforces the role of the courts as a critical check on executive overreach. Importantly, the court’s reasoning is likely to shape parallel cases involving the Department of Energy and Department of Defense, suggesting broader implications for the governance of federal research.

But the decision does not—and cannot—undo the anticipatory effects already set in motion.

The lesson here extends beyond Iowa, beyond NIH, and even beyond this particular administration. We see similar dynamics in Texas under SB 17, in Florida’s higher education restructuring, and in federal policy proposals that signal ideological priorities through funding mechanisms. Across these contexts, the pattern is consistent: policy operates not only through what is enacted, but through what is threatened, implied, and anticipated.

Institutions do not wait for final rulings. They adapt early.

This is why the notion that “the courts will fix it” is, while comforting, insufficient. Legal victories matter—they create space, restore rights, and set precedent. But they do not automatically restore the conditions of open inquiry or institutional courage that may have already been compromised. By the time a policy is blocked, its disciplining effects may already be embedded in organizational behavior.

So yes, this ruling deserves recognition. It is a meaningful check on unlawful governance and a reminder that procedural integrity still matters.

But if we stop there—if we treat this as a resolution rather than a moment of reflection—we risk missing the deeper transformation underway.

The more difficult question is this: What would it take for institutions not only to survive such policy threats, but to resist their anticipatory force? What would it mean to refuse the quieting of institutional voice before the law has even spoken?

Because the central lesson remains unchanged.

Policy does not need to be fully enacted to be effective. It need only create enough risk to reshape behavior.

And in that sense, even a policy that fails in court can still succeed in governing. 

And then we wonder why there is public distrust of higher education.

References 

American Council on Education. (2026, April 13). Higher education associations fight federal cuts to indirect cost rates. https://www.acenet.edu/Policy-Advocacy/Pages/Law-Courts/Association-Lawsuit-NIH-FA.aspx#:~:text=The%20lawsuits%20include:%20*%2022%20state%20attorneys,halting%20the%20implementation%20of%20the%20DOE%20cap

Zahneis, M. (2025, June 16). Facing research cuts, officials at U. of Iowa spoke of a “limited ability to publicly fight this.” The Chronicle of Higher Education. https://www.chronicle.com/article/facing-research-cuts-officials-at-u-of-iowa-spoke-of-a-limited-ability-to-publicly-fight-this


Facing Research Cuts, Officials at U. of Iowa Spoke of a ‘Limited Ability to Publicly Fight This’
By Megan Zahneis

June 16, 2025 | Chronicle of Higher Education

Illustration by The Chronicle; Getty Images















The National Institutes of Health’s announcement in late February that it would cap indirect research funding at 15 percent sent universities across the nation into a panic. Emails obtained by The Chronicle via a public-records request offer a glimpse into how one research-intensive institution reacted in the immediate aftermath of the unexpected news — with confusion, concern, and at times, a sense of powerlessness.

Asked by a faculty member what he and his peers could do to help, the University of Iowa’s interim vice president for research suggested only “acting as a private citizen to call our legislators and tell them what a bad idea this is (from your own phone or using your own email).” The campus’s location in a solidly red state hindered it from fighting the policy change, Lois J. Geist seemed to imply in her reply. “Being located where we are we have limited ability to publicly fight this as faculty or as an institution.”

While the funding cap is frozen pending a federal judge’s ruling, the messages exchanged between Geist and other top officials at the University of Iowa provide a rare and revealing glimpse into internal conversations on a campus facing millions in cuts — and clear incentives to stay quiet. (Geist and one of those officials, through a university spokesperson, declined an interview. Four others did not respond to requests for comment.)

‘Tone It Down’

Within hours of the NIH’s announcement, which came late on the afternoon of Friday, February 7, a flurry of emails among Iowa administrators had commenced. The cap, an Iowa associate vice president for research predicted Friday night, “is going to have a significant effect on us (and everyone else).” By early the following morning, efforts were underway to gauge just how significant it would be. A manager in the division of sponsored programs shared a “back-of-the-envelope calculation” that estimated an average annual budget gap of $45 million, based on Iowa’s current reimbursement rate of 55.5 percent for indirect costs.(Often referred to as “facilities and administrative” costs, indirect costs account for money that institutions spend on research but that isn’t tied to a specific grant or project, such as facilities, equipment, and staff expenses.)

While the director of Iowa’s grant-accounting office worked through the weekend on producing more precise figures, others discussed the university’s public response. Peter S. Matthes, vice president for external relations and senior adviser to the president, proposed wording for an update on the webpage where the university posts federal-policy news.

“Overall, the federal transition continues to be a rapidly changing environment,” read the update, which was soon posted under Geist’s name. It said the university was working with organizations like the Association of American Universities and Association of Public and Land-Grant Universities to “monitor and interpret” the Trump administration’s policy changes. Iowa, it promised, was “actively engaging with our federal delegation as well to ensure they understand the profound impact this change would have.”

Administrators also kept tabs on how their colleagues at other institutions were responding, both through email chains (the listserv of provosts in the Big Ten Academic Alliance, Iowa Provost Kevin C. Kregel noted, “is very active!”) and by tracking their public statements. Jennifer Lassner, an associate vice president for research, forwarded a link to a message from the University of Michigan as a “communication example"; in that memo, Arthur Lupia, Michigan’s interim vice president for research and innovation, stressed that the at-risk funding was used to conduct “vital research that saves lives, creates jobs, enhances national security, and improves quality of life for people in every part of our state and across the nation.”

The then-director of strategic communications in Geist’s office responded approvingly — “nice message!” she said of the Lupia memo — and suggested using it as a model for one Geist could send to the campus. The federal-update post, she noted, “is sort of passive — folks will have to go looking for it.” Geist said she was “fine” with issuing a statement, but added: “We will need to tone it down a bit.”

While Michigan and Iowa list one another as peer institutions and share membership in the Big Ten and an R1 designation, their home states operate under opposite political circumstances: Michigan is run by a Democratic trifecta, but Republicans control both houses of the Hawkeye State’s government as well as its governor’s office. Michigan also stands to lose about three and a half times as much as Iowa does under the 15-percent indirect-cost cap, according to a Chronicle analysis.

Indeed, the message Geist sent the afternoon of Monday, February 10 — approximately 72 hours after the NIH announced its policy — was more circumspect than Lupia’s, referring to “high-impact research” that “has tangible benefits for the lives of Iowans” and promising that “we recognize the urgency of the situation and are working to assess potential impacts at the college, department, lab, and investigator level.”
‘We Need the Foundations’

In her message, Geist said that “until we have more clarity,” Iowa would not submit new NIH grant applications and advised researchers “exert extra caution and defer starting new activities.” The university, she wrote, would also avoid hiring graduate research assistants whose salaries hadn’t already been budgeted as a direct cost on a funded project. Within a half hour, at least five faculty members had replied, expressing concern and asking questions. Among them was the faculty member whom Geist told that the university would have “limited ability to publicly fight this.” In response to another email, Geist said that the university would not be joining the lawsuit that 22 states — all led by Democratic attorneys general — brought against the NIH to stop the cap.

A third faculty member asked Geist to share concrete numbers to “make these impacts quantifiable.” Turning to an analysis prepared by Maria H. Soliman, the director of Iowa’s grant-accounting office, Geist told him the university would be on the hook for about $50 million. Beyond that, she said, Iowa would “lose grants and the ability to hire people on those grants because the amount of available money will be inadequate.” She also indicated the university would likely rely on outside support: “We need the foundations to weigh in to stop this as it will also impact our ability to do their research.” (The private sector has since faced its own troubles trying to offer patchwork funding.)

A federal judge in April issued a permanent injunction against the 15-percent cap, which the NIH is appealing. Meanwhile, a cohort of organizations that represent research universities has sketched out two alternatives, STAT reported last week; one would vary indirect-cost rates by institution and grant type, and the other would require each grant proposal to list its indirect costs as line items.


Andy Thomason, assistant managing editor at The Chronicle, contributed reporting.
Read other items in What Will Trump's Presidency Mean for Higher Ed? .
We’d like to hear from you — tell us how The Chronicle has made a difference in your work or helped you stay informed. You can also send feedback about this article or submit a letter to the editor.

Wednesday, August 19, 2020

An Analysis of How the Department of Education’s Equitable Services Rule Will Harm Texas Students and School Districts

Funding private schools with our public taxes is a problem, blurring the lines between public and private. In this case, it's even worse, limiting not only monies to Title I schools that enroll low-income students, but also schools' capacity to hire nurses, protective equipment, Chrome books, and so on. 

Scroll down to see how, according to IDRA's Morgan Craven and Roy L. Johnson's analysis, districts will be directly impacted. To this end, I am pleased to learn that the Southern Poverty Law Center, on behalf of the NAACP, has a lawsuit against the U.S. Department of Education that you can read about here.

-Angela Valenzuela

#SupportPublicEducation

An Analysis Of How The Department Of Education’s Equitable Services Rule Will Harm Texas Students And School Districts

 

• By Morgan Craven, J.D., & Roy L. Johnson, M.A. • IDRA Issue Brief • July 16, 2020 •

See PDF versionSan Antonio • July 17, 2020 – New analysis by IDRA shows that 185 Texas public school districts may have to give up a total of over $44.2 million of their federal CARES Act relief funds to private schools within their district boundaries under a new rule from the U.S. Department of Education. The rule increases the funding districts would usually reserve for private schools by more than $38.7 million.

Federal law requires school districts to reserve federal funds for private schools for “equitable services,” like tutoring and counseling programs, based on the population of private school students living within their districts who come from low-income families. The same applies for CARES Act funds as long as districts only use those funds for their Title I schools.

But the Department’s new rule stipulates that if a school district spends even one dollar of its CARES Act relief funds for a non-Title I school, it must give away a much higher amount to its nearby private schools. The amount must be calculated based on the total population of private school students in the district, regardless of family income.

This means that to have access to the full allotment of relief funds, schools cannot spend those COVID-19 relief funds on protective equipment, cleaning supplies, instructional materials, or any district-wide measures to benefit students in non-Title I schools, including students from families with limited incomes who do not attend Title I schools.

“The Trump Administration’s decision to divert critical COVID-19 relief funds from public schools and the students they serve toward private schools is both tragic and unsurprising,” said Morgan Craven, J.D., IDRA’s National Director of Policy, Advocacy and Community Engagement. “The Department’s interpretation of the CARES Act is completely inconsistent with the letter and spirit of the law and harms students of color, students with disabilities, English learners, students from families with limited incomes and others who most need the funds.”

“The Department of Education’s new rule is truly a double standard. It penalizes districts that spend relief funds to serve students in non-Title I schools by forcing them to give money to private schools serving students of all family incomes,” she added.

Key findings of the analysis show the following:

  • Under previous requirements, the Texas school districts studied would have to reserve less than 1% of CARES Act funds, or about $5.4 million, for private schools in their districts.
  • The Department of Education’s new rule for CARES Act funds requires some public school districts to reserve critical public relief funds for private schools based on the total population of private school students, regardless of financial need. Under this rule, the school districts studied would have to set aside more than a combined total of $44.2 million for private schools in their districts.
  • For CARES Act relief funds, the difference between what the school districts would be required to give to private schools under the normal equitable services calculation and what they may be required to give with the Department of Education’s new calculation is $38.7 million.
  • An additional $38.7 million could pay for 571 school counselors, 678 nurses, more than 51 million protective masks for students, or more than 167,000 Chromebooks.
  • Charter schools do not have to give away any of their CARES Act funding to private schools.

IDRA’s issue brief, Cutting Public School Relief Funds to Subsidize Private Schools, provides a list of the 185 districts and how much each will lose to private schools in its boundaries if the district has to reserve funds based on total private school population (see Appendix B). The districts at the top of the list are:

Houston ISD = $8,609,051
Dallas ISD = $6,856,217
Fort Worth ISD = $2,336,431
San Antonio ISD = $1,951,001
Austin ISD = $1,913,480
Spring Branch ISD = $1,590,259
El Paso ISD = $1,463,783
North East ISD = $1,116,580
Corpus Christi ISD = $684,164
Brownsville ISD = $674,623
Richardson ISD = $578,250

Even though the new Department of Education rule claims to give school districts a choice for how to calculate reserved funds for private schools, it may be a false choice for many Texas school districts. For example, the Texas Education Agency announced that certain CARES Act funds allocated to school districts must be used to replace the average daily attendance (ADA) state funding that was not provided to districts during COVID-19 school closures. Under the Department of Education’s new rule, if a school district uses CARES Act funds to replace lost state funding in any non-Title I schools they would be required to give more money for private schools in their district.

The Department of Education is accepting public comments on its rule, although the rule is currently in effect. Comments can be submitted online on or before July 31, 2020.


Media contact: Christie L. Goodman, APR, IDRA Director of Communications, christie.goodman@idra.org

Saturday, February 14, 2015

115 education groups: GOP No Child Left Behind legislation is vastly underfunded






February 12

The Republican-dominated House education committee just approved legislation, H.R. 5, that is a rewrite of the No Child Left Behind Act with funding levels that critics say are inadequate to properly support K-12 public education. Sen. Lamar Alexander (R-Tenn.), the chairman of the Senate’s education committee, has released draft legislation that has been hit as well by critics who say the funding levels are below the fiscal 2012 pre-sequestration total and would harm efforts to improve student achievement.

Here are letters written by the nonprofit, nonpartisan Committee for Education Funding, a coalition of some 115 national education groups, and sent to the leaders of the House and Senate education committees. They detail funding problems the committee has identified in both pieces of legislation, and included is a list of programs that would be affected if the legislation was approved as is.
The Committee for Education Funding was founded in 1969 with a mission to advocate for adequate federal financial support for the country’s public education system.  A list of its broad array of members — which includes universities, education advocacy groups, professional education organizations and more –  is at the end of this post.  
 
See letter to Chairman Kline and Ranking Member Scott here.


A list of members of the Committee for Education Funding:
Allegheny Intermediate Unit (aiu3)
Alliance for Excellent Education (AEE)
American Alliance of Museums (AAM)
American Association of Classified School Employees (AACSE)
American Association of Colleges for Teacher Education (AACTE)
American Association of Community Colleges (AACC)
American Association of School Administrators (AASA)
American Association of State Colleges & Universities (AASCU)
American Council on Education (ACE)
American Counseling Association (ACA)
American Educational Research Association (AERA)
American Federation of School Administrators (AFSA)
American Federation of State, County, and Municipal Employees (AFSCME)
American Federation of Teachers (AFT)
American Institutes for Research (AIR)
American Library Association (ALA)
American Medical Student Association (AMSA)
American Occupational Therapy Association (AOTA)
American School Counselor Association (ASCA)
American Speech-Language-Hearing Association (ASHA)
American Student Association of Community Colleges (ASACC)
Apollo Education Group
ASCD
Association for Career & Technical Education (ACTE)
Association of American Publishers (AAP)
Association of American Universities (AAU)
Association of Community College Trustees (ACCT)
Association of Jesuit Colleges & Universities (AJCU)
Association of Public and Land-grant Universities (APLU)
Association of Public Television Stations (APTS)
Association of School Business Officials International (ASBO)
Boston University (BU)
California Department of Education (CDE)
California State University Office of Federal Relations (CSU)
Center on Law and Social Policy (CLASP)
Citizen Schools
Coalition for Higher Education Assistance Organizations (COHEAO)
Consortium for School Networking (COSN)
Cornerstone Government Affairs (CGA)
Council for a Strong America (CSA)
Council for Exceptional Children (CEC)
Council for Opportunity in Education (COE)
Council of Chief State School Officers (CCSSO)
Council of the Great City Schools (CGCS)
DeVry Education Group
Easter Seals
Education Industry Association (EIA)
FED ED
Federal Management Strategies
First Focus Campaign for Children
George Washington University(GWU)
Georgetown University Office of Federal Relations
Harvard University Office of Federal Relations
Higher Education Consortium for Special Education (HESCE)
indiCo
International Society for Technology in Education (ISTE)
Johns Hopkins University, Center for Research & Reform in Education (JHU-CRRE)
Kent State University
Knowledge Alliance
Los Angeles Unified School District (LAUSD)
Magnet Schools of America, Inc. (MSA)
Military Impacted Schools Association (MISA)
National Alliance of Black School Educators (NABSE)
National Association for College Admission Counseling (NACAC)
National Association for Music Education (NAFME)
National Association of Elementary School Principals (NAESP)
National Association of Federally Impacted Schools (NAFIS)
National Association of Graduate-Professional Students, Inc. (NAGPS)
National Association of Independent Colleges and Universities (NAICU)
National Association of Private Special Education Centers (NAPSEC)
National Association of School Psychologists (NASP)
National Association of Secondary School Principals (NASSP)
National Association of State Directors of Career Technical Education Consortium (NASDCTEc)
National Association of State Directors of Special Education (NASDSE)
National Association of State Student Grant & Aid Programs (NASSGAP)
National Association of Student Financial Aid Administrators (NASFAA)
National Center for Learning Disabilities (NCLD)
National Center on Time & Learning (NCTL)
National Coalition for Literacy (NCL)
National Coalition of Classified Education Support Employee Unions (NCCESEU)
National Council for Community and Education Partnerships (NCCEP)
National Council of Higher Education Resources (NCHER)
National Council of State Directors of Adult Education (NCSDAE)
National Education Association (NEA)
National HEP/CAMP Association
National Parent Teacher Association (NPTA)
National Rural Education Association (NREA)
National School Boards Association (NSBA)
National Student Speech Language Hearing Association (NSSLHA)
National Superintendents Roundtable (NSR)
National Title I Association (NASTID)
Northwestern University
Penn Hill Group
Rutgers, The State University of New Jersey
School Social Work Association of America (SSWAA)
Service Employees International Union (SEIU)
State University of New York (SUNY)
Teach For America (TFA)
Texas A&M University (TAMU)
The College Board
The Ohio State University (OSU)
The Pell Alliance
The Sheridan Group
The Y (YMCA)
UNCF
United States Student Association (USSA)
University of California (UC)
University of Chicago
University of Maryland (UMD)
University of Maryland University College (UMUC)
University of Southern California (USC)
University of Wisconsin System (UWS)
US Public Interest Research Group (US PIRG)
Washington Partners, LLC
WestEd