We Did it: New CDC K-12 guidance expected as DeVos pushes for schools to reopen — Appropriators to mark up education spending bill — Hearing set for Tuesday on foreign student lawsuit

Jul 13, 2020

Presented by KIPP and Partners

With help from Juan Perez Jr. and Jennifer Scholtes

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THIS WEEK IN EDUCATION: Education Secretary Betsy DeVos on the Sunday talk shows continued her aggressive push for fully reopening schools this fall , setting the stage for a debate this week and beyond as the new school year fast approaches and as parents and educators are forced to make agonizing decisions about in-person or virtual learning.

— "There's nothing in the data that suggests that kids being in school is in any way dangerous," she said on "Fox News Sunday."

— The national discussion unfolds as coronavirus cases climb to more than 3 million, with nearly 135,000 dead — a number that's only expected to increase. Florida on Sunday reported a record-busting 15,299 new cases.

Coming up:

— The CDC is expected to begin offering more guidance on reopening K-12 schools. Director Robert Redfield has said the forthcoming materials are new — not a revision in light of President Donald Trump's criticism of earlier guidance.

— House appropriators plan to mark up the fiscal 2021 Labor-HHS-Education spending bill this afternoon.

— Attorneys representing Harvard, MIT and the Trump administration will convene on Tuesday for a high-stakes hearing on a lawsuit seeking to halt the federal government's plan to deport foreign students who study in online-only university programs this fall.

IT'S MONDAY, JULY 13. WELCOME TO MORNING EDUCATION. Got news to share? Please send tips to your host at ngaudiano@politico.com or to my colleagues, Juan Perez Jr. at jperez@politico.com, Michael Stratford at mstratford@politico.com and Bianca Quilantan at bquilantan@politico.com. Share event listings: educalendar@politicopro.com. And follow us on Twitter: @Morning_Edu and @POLITICOPro.

A message from KIPP and Partners:

Congress: when the resource gap grows, our future feels it first. We are calling on you to put students, schools and our nation's future on solid, equitable footing. As we contend with the health crisis and racial inequity, we must act now. See the full statement here.

Driving the Day

'NOT A REVISION': As early as this week, the CDC could begin releasing additional K-12 guidance. Redfield, during a White House summit on reopening schools, described the materials as "reference documents" aimed at preparing K-12 communities to return to school safely, providing school decision-making tools for parents and guides on symptom screening, cloth face coverings in the school setting and monitoring and evaluation.

— Redfield pushed back against Vice President Mike Pence's assertion that the CDC is revising the guides because Trump thinks they are too tough, clarifying on "Good Morning America" last week that the documents are "not a revision of the guidelines."

— In her "Fox News Sunday" interview, DeVos broke with Trump, saying that CDC guidelines for reopening schools are "common sense approaches."

SPOTLIGHT ON DEVOS: DeVos appeared on both Fox and CNN's "State of the Union" on Sunday as part of the administration-wide push to reopen schools, considered critical to reviving the economy and Trump's reelection prospects. House Speaker Nancy Pelosi , on CNN, accused DeVos of "malfeasance" and "dereliction of duty" and said the president and his administration are "messing with the health of our children."

— Here are more highlights from the DeVos interviews that could resonate for at least a couple of news cycles:

— You mean, vouchers? DeVos continued to call for withholding funds for schools that don't reopen, increasing the pressure for a voucher-like program that would face fierce opposition in Congress.

— "American investment in education is a promise to students and their families," she said on Fox. "If schools aren't going to reopen and not fulfill that promise, they shouldn't get the funds. Then give it to the families to decide to go to a school that is going to meet that promise."

— She told host Chris Wallace that "we are looking at all the options" when he said she would have to go through Congress to create vouchers.

— Last month, Rep. Jim Banks (R-Ind.), a member of the House education committee, introduced the "Reopen Our Schools Act," H.R. 7152 (116), that would prohibit schools and universities from receiving federal funds unless they return to in-person instruction by Sept. 8.

— But the bill has only one cosponsor — Rep. Tom Tiffany (R-Wis.) — and its odds of passing a Democratic-led House are likely impossible.

— White House press secretary Kayleigh McEnany said last week that Trump wanted to "substantially bump up money for education" in the next coronavirus relief package, without offering a specific dollar amount. But she also suggested the administration wanted to tie any increased funding to school choice policies.

— POLITICO's Sarah Ferris and Marianne Levine report: "The terms for expansive funding for education will now likely to be a central component of the next $1 trillion-plus package, along with soon-to-expire jobless benefits and additional stimulus checks."

— Fairfax v. Miami: Parents of students at Fairfax County Public Schools — one of the nation's largest districts and a frequent target for DeVos — have been asked to choose by Wednesday either full-time online instruction or at least two days of in-person instruction.

— DeVos, who has ripped the district for its distance learning "disaster," said the officials are not offering "valid options and choices for families" because it's not "full-time instruction." She highlighted the "stark" contrast with Miami-Dade County Public Schools, which she said will offer a "wide variety of approaches but with the expectation that if you have to move to a remote instruction situation that you have full-time learning going on for all students at all times."

— Teachers at risk: DeVos was asked on CNN about a new Kaiser Family Foundation analysis that estimates 1.5 million teachers — nearly 1 in four — have health conditions that put them at higher risk of serious illness if they contracted Covid-19. "The reality is that there are ways for those teachers to be able to continue to do what they do," she said. "And every district, every state has the real opportunity to work with and figure out the best scenario for those teachers."

HAPPENING TOMORROW 9 a.m. EDT - A PLAYBOOK INTERVIEW WITH AUSTIN MAYOR STEVE ADLER : As coronavirus cases continue to spike in Texas, the city of Austin is preparing to turn the downtown convention center into a field hospital. Join Playbook authors Anna Palmer and Jake Sherman for a virtual interview with Austin Mayor Steve Adler that will reveal how he's navigating the rapid jump in the number of cases, how cities are working with state and local governments during the pandemic, and how a city known for its restaurants, bars and concerts is planning for what's to come. REGISTER HERE.

In the States

CALIFORNIA TEACHERS FIGHT BACK: The California Teachers Association, one of the largest and most powerful unions in the country, is insisting on prolonging distance learning instead of forcing its army of more than 300,000 educators back into schools, POLITICO's Mackenzie Mays reports.

— "We hope we don't have to go there, but if it comes to it, we do retain the right to refuse to work under unsafe conditions," said David Fisher, president of the Sacramento City Teachers Association. "The virus is raging, and the circumstances that we were thinking we might be dealing with in September only a few weeks ago seem to be changing by the day. It just is looking increasingly unlikely that we will be able to teach in person at any level when schools first open."

DeVos Today

TALKING TITLE IX: DeVos will discuss her recently published Title IX regulation during a virtual event with several Federalist Society chapters in Alabama. Candice Jackson, deputy chief of staff for policy and deputy general counsel, will also participate in the session, which is closed to press.

In Congress

APPROPRIATORS TACKLE EDUCATION SPENDING: House appropriators will mark up the Labor-HHS-Education spending bill, along with Energy-Water, starting at 1 p.m. this afternoon.

— The bill would provide a total of $73.5 billion in discretionary appropriations for the Education Department, an increase of $716 million above the fiscal 2020 enacted level. Check out the committee report, which was released on Sunday.

— The House is expected to pass the measure on the floor before the chamber gavels out for August recess. The Senate has yet to announce plans for marking up any of the 12 annual spending bills. That inaction has increased speculation that Congress is headed toward a short-term continuing resolution this fall that punts funding work beyond the Oct. 1 start of the fiscal year and the November election.

Higher Education

HIGH-STAKES HEARING ON TAP: The foreign student lawsuit hearing, scheduled for Tuesday, occurs on the eve of a critical deadline for the proposed policy. The government has said it's still finalizing a forthcoming Temporary Final Rule, but its ordered schools to report whether they'll close their doors or hold online-only courses for the coming semester by Wednesday.

— That deadline creates an enormous problem for students and schools, attorneys for Harvard and MIT told U.S. District Court Judge Allison D. Burroughs on Friday during a teleconferenced hearing to set the lawsuit's next steps.

— Students have to decide whether to defer their coming academic year soon, and must decide which country they want to study from. Schools must also set out which classes they'll offer students.

— Looming arguments: Harvard and MIT have demanded a temporary restraining order and court injunction to halt the policy from moving forward.

— The Trump administration is expected to formally respond by this afternoon, then the schools will offer another response a few hours prior to Tuesday's scheduled hearing. Here's the story from Juan.

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Syllabus

— As Trump demanded schools reopen, his experts warned of 'highest risk': New York Times

— Trump's campaign to open schools provokes mounting backlash even from GOP: POLITICO

— 'It's time to challenge what has become normal': Philly schools move toward antiracism: The Philadelphia Inquirer

— How colleges, and the government, are handling a spike in requests for more financial aid: Washington Post

A message from KIPP and Partners:

We must act now to put students, schools and our nation's future on solid, equitable footing.
Funding from the CARES Act has been a critical stopgap and stabilizing force for education. But every day, more and more vulnerable students that we serve feel the growing burden of challenges that adults should have been addressing.
But it's not too late to act: 1) Increase funding for the Education Stabilization Fund 2) Get students connected with high-speed internet 3) Triple Title I funding over the next three years 4) Support state and local governments facing reductions in tax revenues in the aftermath of Covid-19 and 5) Create a dedicated funding stream that will enable schools and districts to develop the ability to provide an equitable, high-quality education during and after a crisis for all students. See the full statement.