Â鶹¹ÙÍø

Comments and Letters to Federal Policymakers

Â鶹¹ÙÍø regularly offers input to federal agencies, elected officials, and staff, on issues of importance to public schools. Through our member state school board associations, Â鶹¹ÙÍø offers federal decision-makers practical implications of proposed or current policies on school district operations. Key Â鶹¹ÙÍø comments and letters are posted below.

2024

Â鶹¹ÙÍø Joins Organizations Supporting the Children and Teens' Online Privacy Protection Act
On July 29, Â鶹¹ÙÍø joined ten other organizations on a letter to Senate Majority Leader Charles Schumer and Minority Leader Mitch McConnell regarding the Kids Online Safety and Privacy Act, which includes two critical student and child privacy bills, the Children and Teens' Online Privacy Protection Act (COPPA 2.0), and the Kids Online Safety Act (KOSA). The letter expresses strong support for COPPA 2.0 as it "strikes the right balance between enhancing child and teen privacy protections online and enabling schools to effectively incorporate edtech into the classroom."

Â鶹¹ÙÍø Joins Broad Coalition Urging Congress to Reject Funding Cuts and Support Key Non-Defense Programs
On June 25, Â鶹¹ÙÍø joined a coalition of more than 1,000 organizations in a letter to congressional leaders urging them to reject proposed funding cuts for Fiscal Year 2025 that could undermine essential non-defense discretionary (NDD) programs, which include a wide array of services such as education, scientific research, healthcare for veterans, environmental conservation, public health, and infrastructure development. The letter emphasizes the critical role NDD programs play in sustaining America’s competitiveness, economic strength, and public services and argues that cutting funding to FY 2024 levels will not effectively reduce the national debt but will instead significantly harm programs vital to Americans. The letter highlights the broad benefits these programs provide across all states and congressional districts and advocates for robust funding that meets the country's needs, thereby maintaining American competitiveness, economic resilience, and essential services for families and individuals.

Â鶹¹ÙÍø Advocates for Additional Federal Dollars to Address Teacher Shortages

On May 7, Â鶹¹ÙÍø joined more than 30 national organizations and more than 50 state and local organizations on a letter to the chairs and ranking members of the House and Senate appropriations committees asking for $2.4 billion – a 10% increase – for Title II, Part A, in Fiscal Year 2025 appropriations without cutting other education programs. “Our country’s national teacher and school leader shortage crisis is accelerating,” the letter reads. “Educators are increasingly leaving the profession, while the number of new educators entering is waning. A critical way to combat this recruitment and retention crisis is by supporting targeted, effective, and long-term professional development for teachers, principals, and other school leaders by investing in Title II, Part A, the Supporting Effective Instruction State Grants program of the Every Student Succeeds Act (ESSA).”

Â鶹¹ÙÍø Endorses the Children and Teens’ Online Privacy Protection Act
On April 17, Â鶹¹ÙÍø joined ten education organizations in endorsing the updated version of the Children and Teens’ Online Privacy Protection Act (COPPA 2.0) that was released on February 15, 2024 by Sens. Edward Markey (D-MA) and Bill Cassidy (R-LA), and the House companion to COPPA 2.0 that was announced on April 9, 2024, by Reps. Tim Walberg (R-MI) and Kathy Castor (D-FL).

"We believe that the updated version of this bill finds the right balance between enhancing child and teen privacy protections online and enabling schools to effectively incorporate edtech into the classroom," the organizations write in a letter to Markey, Cassidy, Walberg, and Castor. "Our organizations take student data privacy seriously and we strongly support updates and revisions to child privacy protections. At the same time, we believe that effectively incorporating edtech into classroom instruction is necessary to promote greater learning and success for all students and will help local education agencies best serve their communities."

Â鶹¹ÙÍø Urges Federal Trade Commission to Retain COPPA School Authorization Framework
On March 11, Â鶹¹ÙÍø filed public comments on the Federal Trade Commission’s proposal to amend the Children’s Online Privacy Protection Rule. Â鶹¹ÙÍø urged the Commission to retain the new language it proposes to codify a school authorization exception to the parent consent requirement. “By allowing schools to authorize collection of student data for limited educational purposes, students and teachers will be able to enjoy the benefits of edtech for curricular and other legitimate school purposes,” Â鶹¹ÙÍø explained. This codification of longstanding FTC guidance should facilitate greater and more equitable access to edtech tools for students. The proposed rule coordinates the framework of two important statutes – FERPA, designed to protect student education records, and COPPA, designed to provide parent control over what information is collected from their young children online, smoothing the way for more efficient and effective use of edtech tools to help students learn.

Â鶹¹ÙÍø also joined eight other organizations on a letter to the Federal Trade Commission on the same issue.

Â鶹¹ÙÍø and Eleven Partners File School Cyber Pilot Comments

On Jan. 29, Â鶹¹ÙÍø filed comments with eleven national partners in response to the Federal Communications Commission's (FCC) proposal to establish a schools and libraries cybersecurity pilot program. The comments expressed strong support for the pilot while also urging the FCC to follow-through on the agency’s 2023 firewall rulemaking. Specifically, Â鶹¹ÙÍø and its partners asked the FCC to immediately add advanced firewalls to the E-rate Category Two eligible services list, while also creating an 18-month pilot program to gather additional information about the fields cybersecurity needs.

Â鶹¹ÙÍø Comments on FCC Home Wi-Fi for Students
On Jan. 16, Â鶹¹ÙÍø joined other members of the Education and Libraries Network Coalition in filing comments responding to the Federal Communications Commission’s (FCC) proposal to expand the E-rate program to include mobile Wi-Fi hotspots and related services for students and teachers at home. Â鶹¹ÙÍø and our partners urged the FCC to allow E-rate funds to be used for this purpose, so that all students and instructional staff have access to broadband for digital teaching and learning.

Â鶹¹ÙÍø Joins More Than 1,100 Organizations in Opposing a Full-Year Continuing Resolution to Fund the Government
On Jan. 8, Â鶹¹ÙÍø joined more than 1,100 organizations expressing alarm at the possibility of very deep cuts to non-defense programs, including education, if Congress were to pass a full-year continuing resolution. "Such cuts would be disastrous for the capacity of the federal government to serve the public, assist those in need, fuel innovation, and address national and global threats," the letter reads. "We strongly urge Congressional leadership to instead finish the FY24 appropriations process and adopt the bipartisan Senate funding framework as a starting point for final negotiations."

2023

June 23: Â鶹¹ÙÍø Joins National Organizations Urging Congress to Extend Temporary Reimbursement Increases for School Meals
On June 30, 2023, the Keep Kids Fed Act (KKFA) will expire, meaning schools will no longer receive additional funding for school breakfast, lunch, and other meals unless Congress takes action to address this issue. Joined by 17 other national organizations, Â鶹¹ÙÍø urged Congress to extend the KKFA’s temporary school meal reimbursement increases for an additional year to help local communities continue to feed the millions of students served by these programs over the summer and during the 2023-2024 school year. The letter recognizes that the KKFA was passed to assist communities with recovering from the pandemic, but notes that many of the same economic challenges remain, including high inflation, supply chain disruptions, labor shortages, and rising food insecurity.

June 16: Â鶹¹ÙÍø Joins Group Letter to ED and FTC Regarding Education Technology and Student Privacy
Â鶹¹ÙÍø joined several organizations representing school superintendents, educational service agencies, school principals, teachers, and rural educators in a letter to the U.S. Department of Education (ED) and Federal Trade Commission (FTC) regarding a provision in the proposed settlement order with ed tech provider Edmodo. The settlement agreement’s definition of “school” could make it more difficult for school districts to adequately provide education technology to students and vet that technology to protect student privacy.

May 15: Â鶹¹ÙÍø Requests Clarity on Proposed Department of Education Rule on Athletic Eligibility Criteria under Title IX
In public comments, Â鶹¹ÙÍø asks the Department of Education to clarify several areas of concern as it finalizes its proposed rule on athletic eligibility criteria under Title IX. Â鶹¹ÙÍø focuses on several key issues school boards will face as they attempt to operationalize the rule while maintaining discrimination-free, safe environments for all students.

Â鶹¹ÙÍø asks the Department to consider these operational concerns, to clarify how the rule will be applied in these areas, and to grant additional time for schools to develop well-considered policy in light of these issues: 

(1) Federal and state law conflicts;
(2) Definition of “important educational objectives” in the specific context of extra-curricular activities;
(3) Analysis of each eligibility criteria for each “sport, level of competition, and age/level;”
(4) Role of athletic associations; and
(5) Practical application of the “minimize harm” requirement.

February 13: Â鶹¹ÙÍø Urges FCC to Allow Schools and Libraries to Use E-rate Funds to Combat Cyberattacks
Â鶹¹ÙÍø joined ten other organizations in filing comments with the Federal Communications Commission (FCC) in response to the Wireline Competition Bureau’s request for public input regarding the use of E-rate program funds to enable schools and libraries to combat cyberattacks.

“Schools and libraries are falling into a cybersecurity gap that threatens students’ and library patrons’ private data and prevents them from fully realizing the learning, workforce, and other benefits that broadband connectivity conveys," reads the filing. 

The organizations, which represent schools, school districts, state education agencies, libraries, and other institutions responsible for delivering secure broadband access to schools and libraries, urge the Wireline Competition Bureau to:

• Make advanced or next generation firewalls and related features eligible for E-rate Category 2 support beginning in 2024;
• Increase Category 2 funding levels, within the E-rate program’s existing aggregate cap, to cover modern firewalls; and
• Provide this limited E-rate cybersecurity support in a manner that is minimally burdensome to applicants and permits schools and libraries to select the modern firewall technology most aligned to their needs.

2022

December 7: Â鶹¹ÙÍø Urges U.S. Department of Education to Streamline Section 504 Regulations
In response to the U.S. Department of Education’s request for written suggestions from the public regarding future proposed amendments to the Department’s regulations implementing Section 504 of the Rehabilitation Act of 1973, Â鶹¹ÙÍø submitted comments urging it to issue streamlined requirements in keeping with Section 504’s anti-discrimination goal. The Department has a historic opportunity, Â鶹¹ÙÍø explained, to issue clear guidelines reflecting the current operational challenges faced by public school leaders, staff, students, and their families due to the overlapping, sometimes competing, requirements of Section 504 vis a vis the Individuals with Disabilities Education Act (IDEA). Â鶹¹ÙÍø urged the Department to streamline its Section 504 regulations to make clear that the statute’s nondiscrimination mandate is different substantively from IDEA’s individual entitlement, and to provide brief, practical guidance for school personnel attempting to serve students with disabilities under the two statutes. Â鶹¹ÙÍø called attention to particular areas of challenge for schools, given overlapping standards and unclear requirements of both statutes: service animals used by students in schools, student health plans, parent consent, and the current mental health crisis.

October 27: Â鶹¹ÙÍø Asks Congress for $1 Billion in Additional Emergency Connectivity Funds
Â鶹¹ÙÍø joined 65 education and related national organizations in a letter to congressional leaders asking for $1 billion in additional funds for the Emergency Connectivity Fund (ECF), which is administered by the Federal Communications Commission (FCC).

The letter notes that the FCC received requests for $2.8 billion in ECF funds during its final application window, which was more than double the amount remaining in the program. “Without additional funding, many of these requests will not be met, leaving millions of students disconnected at a time when learning loss and teacher shortages are leading concerns,” the letter reads. The letter also includes examples of how the program is addressing the critical needs of schools and libraries across the country who are struggling to keep students, teachers, and library patrons connected in an increasingly digital world.

September 12: Comment on Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance (Title IX)
Â鶹¹ÙÍø emphasized its dedication to assisting school districts as they develop and implement policies to address discrimination and to promote student rights and offered specific recommendations on the Department of Education’s new proposed rule addressing nondiscrimination on the basis of sex. Â鶹¹ÙÍø noted that the Department’s new proposed rule is the second in two years, appearing as schools return to relatively normal operations in the wake of the pandemic. Â鶹¹ÙÍø urged the Department consider the overarching realities school districts now face, such as unprecedented staff shortages and student mental health challenges, as it considers regulatory changes including the definition of sexual harassment and the “actual knowledge” standard.

July 12: Â鶹¹ÙÍø Urges Congress to Keep STEM Provisions in Competitiveness Bill
Â鶹¹ÙÍø sent a letter to congressional leaders urging they “preserve the Postsecondary STEM Pathways and the Improving Access to Elementary and Secondary Computer Science Education programs as the Senate and House work to resolve differences between the America Creating Opportunities for Manufacturing, Pre-Eminence in Technology, and Economic Strength Act of 2022 (H.R.4521) and the United States Innovation and Competition Act of 2021 (S.1260).” The letter notes that increasing funding for postsecondary STEM Pathways and Computer Science grants will "make a meaningful difference for students, schools, communities, and the nation’s economy" while ensuring that students have access to greater opportunities and advancement in science, technology, engineering, and mathematics.

May 23: Â鶹¹ÙÍø Urges Congress to Oppose Vouchers

Â鶹¹ÙÍø joined 40 other organizations in the National Coalition for Public Education in signing a letter to House and Senate appropriators urging them to oppose reauthorization or funding for the school voucher program for the District of Columbia. The letter also urged them to add language, as the House committee has done in previous years, to “require voucher schools to provide the same civil rights protections that public school students receive—including those under the Individuals with Disabilities Education Act (IDEA)—to students in the voucher program.” 

April 28: Â鶹¹ÙÍø Advocates for Mental Health Funding
Â鶹¹ÙÍø joined over 90 organizations in a letter led by the National Association of School Psychologists advocating for investments in mental health grants. The letter urges congressional appropriators to “...address the severe shortages of school-based mental health professionals by providing $1 billion to be divided between the School Based Mental Health Services Professional Demonstration Grant and the School-Based Mental Health Services Grant Program.”

April 21: Â鶹¹ÙÍø Advocates for "Robust" Funding for Title II
Â鶹¹ÙÍø joined a coalition of education organizations in asking congressional appropriators to provide robust funding for Title II. The letter encouraged appropriators to invest in retaining and recruiting teachers, principals, and other school leaders, as well as improving their practice by providing $3 billion for the Supporting Effective Instruction State Grants program, Title II, Part A of the Every Student Succeeds Act (ESSA).

February 8: Â鶹¹ÙÍø Advocates for Increased IDEA Funding 
As Congress negotiates a spending bill for the remainder of Fiscal Year 22, Â鶹¹ÙÍø and several education groups conveyed strong support for a significant increase in the federal investment in special education programs in a letter to House and Senate Appropriations Committee leaders. This action supports Â鶹¹ÙÍø’s resolution to fully fund IDEA. 

February 4: Â鶹¹ÙÍø Advocates for Continued Flexibility for Child Nutrition Programs 
Â鶹¹ÙÍø joined the Food Research & Action Center (FRAC) and nearly 2,000 national, state, and local organizations from every state across the country, in a letter urging Congress to swiftly extend the U.S. Department of Agriculture’s (USDA) authority to issue nationwide waivers for the Child Nutrition Programs beyond the current waivers’ expiration date of June 30, 2022. 

Extensions will ensure schools, youth-serving and community-based organizations, and child care providers have the resources needed to effectively provide meals—no matter what the school day looks like—to close the childhood hunger gap; improve child nutrition and wellness; enhance child development and school readiness; and improve learning, attendance, and behavior. 

2021

July 28: Letter to Congressional Leaders Asking for At Least $130 Billion Dedicated to School Facilities in National Infrastructure Package

As congressional leaders engage in negotiations on a national infrastructure package, Â鶹¹ÙÍø urged them to prioritize an investment of at least $130 billion in school facilities to accommodate new school construction, science and technology laboratories, career and technical education facilities, and further repairs and upgrades to building systems, such as HVAC and water systems. Â鶹¹ÙÍø believes that a much-needed investment to help sustain and improve our schools and communities can be achieved by making our students and future generations the priority for the infrastructure package Congress is currently considering.

June 9: Letter to U.S. Department of Education Office for Civil Rights providing insight, input, and examples from school districts on a number of issues at the forefront of schools’ civil rights effort including the new Title IX regulations, the Civil Rights Data Collection, district-wide compliance reviews, and transgender student rights.

Â鶹¹ÙÍø urged the Department to consider operational realities in K-12 school buildings as it weighs changes to the extensive procedural requirements provided in the new Title IX regulations. Â鶹¹ÙÍø explained that schools are bound by existing sexual harassment procedures required by state and local law and policy, which they must apply in tandem with new federal requirements, that educators need flexibility to address student behavior, taking into account the age, maturity, and developmental stage of the students themselves, and that school officials are concerned about maintaining student confidentiality during investigations. Â鶹¹ÙÍø also provided insights on the Civil Rights Data Collection and district-wide compliance reviews as an enforcement approach, and noted the need for clarity on school officials’ responsibilities to transgender students, especially in the contexts of bathroom/locker room use and athletics.