Policy update: Congress continues to address COVID-19

Last week we saw thousands of school districts close; the number of COVID-19 cases in the U.S. continue to increase; and on Wednesday, hundreds of afterschool advocates reach out to Congress for the Afterschool for All Challenge to share the impact of the pandemic on communities and young people.

Also last week H.R. 6201. the Families First Coronavirus Response Act passed the Senate and was signed into law by the president. We wanted to give a quick update on the afterschool meal service flexibility provided through that legislation as well as give you an update on proposed Senate bill language and timeline for the third COVID-19 response bill – and provide another way you can reach out to Congress.

HR 6012 which was signed into law on March 18.

• The new law provides the Secretary of Agriculture the authority to issue nationwide school meal waivers during the COVID-19 emergency, which will eliminate paperwork for states and help more schools quickly adopt and utilize flexibilities. The USDA has been working around the clock to provide flexibility to states and ultimately local programs and schools to facilitate delivery or distribution of meals.
• The new law also allows all child and adult care centers including afterschool programs that were serving meals — including dinners through the CACFP At Risk After School Meals Program — to operate as non-congregate (i.e. they can serve meals outside the program or school or in individual settings) and waives all meal pattern requirements if there is a disruption to the food supply as a result of the COVID-19.
• There is some variability between states in how the new flexibility and waivers are being implemented; however, we are already seeing afterschool programs providing meals to families and students through curbside drop off or delivery.

The third COVID-19 relief bill: Senate proposal: Coronavirus Aid, Relief, and Economic Security Act and “CARES Act"; and House proposal: the Take Responsibility for Workers and Families Act.

Late on March 19, the Senate Majority Leader Mitch McConnell (R-Ky.) released language for a third COVID-19 pandemic comprehensive response bill, the Coronavirus Aid, Relief, and Economic Security Act or “CARES Act.” The bill would provide direct cash payments to individuals, help for small businesses and certain industries impacted by the pandemic, and more resources for testing. While the legislation is currently not bipartisan and negotiations continue, the following proposals included in the initial bill are of interest to afterschool and summer learning programs:

• Small business loan program that also includes nonprofits as eligible entities.
• Allowance of partial above the line deduction for charitable contributions (encourages Americans to contribute to churches and charitable organizations in 2020 by permitting them to deduct up to $300 of cash contributions, whether they itemize their deductions or not). Modifies limitations on charitable contributions during 2020 (increases the limitations on deductions for charitable contributions by individuals who itemize, as well as corporations).
• Provides the Secretary of Education with broad waiver authority to provide waivers from the Elementary and Secondary Education Act, the Higher Education Act, and the Carl D. Perkins Career and Technical Education Act, except civil rights laws, which are necessary and appropriate due to the COVID-19 declaration of disaster.
• Provides participants serving in the National Service Corps programs, including VISTA and AmeriCorps, with the educational award they were due to receive before their duties had been suspended or placed on hold during the COVID-19 declaration of disaster. Extends the age limits and the terms of service to allow individuals serving in national service programs to continue participating in programs after the COVID-19 declaration of disaster ends.

A second version of the Senate bill released Sunday morning also included $3 billion for Child Care Development Block Grant to provide assistance to child care providers including school-age providers that are funded through CCDBG, as well as $12 billion in an education fund for states that can be used to support a wide range of education purposes including afterschool programs.

What’s Next?

The bill as released Thursday evening did not provide relief for afterschool programs, nor any funding for K-12 education. Negotiations continued all weekend and into this week on Capitol Hill on the third relief bill and several proposals have been suggested for ensuring support is extended to the education sector, including afterschool and child care. Among the proposals being suggested is Sens. Murray (D-Wash.) and Gillibrand’s (D-N.Y.) Supporting Students in Response to Coronavirus Act, which would provide needed support to students, educators, and their families. Sens. Kaine (D-Va.) and Young (R-Ind.) have also made the case for additional child care funding through the Child Care Development Block Grant (CCDBG). While compromise looked possible on Sunday, March 22, the Senate bill failed a key vote and the House announced it would start on their own bill — the Take Responsibility for Workers and Families Act.

Last week on the House of Representative side, a bipartisan letter led by Reps. Cicilline (D-R.I.) and Young (R-Alaska) and signed by more than 50 bipartisan members of Congress called for a $500 million increase to the Nita M. Lowey 21st CCLC to support afterschool programs now and this summer as well as in the new school year. National afterschool providers and supporting organizations also reached out to Congress this week in their own letter calling for support of the field, including:

• $500 million immediate increase in 21st CCLC to cover programs now and increased need for summer learning programs this summer and afterschool programs next fall to help students at risk for learning loss this spring.
• Financial recovery supports for non-profit organizations and small business afterschool providers in any congressional stimulus package.
• The request to not penalize afterschool programs that are grant funded for being unable to serve youth in-person, particularly for programs like 21st Century Community Learning Centers.
• Funding for afterschool programs that have been able to stay open and provide extended school-age child-care services for the essential workforce.
• Additional supports for supplies and services to keep facilities clean, safe, and sanitary. 

As of early Monday, March 23, negotiations continue on both the House and Senate side and with the White House as a compromise remains just out of reach.

The bottom line: Your Senators and Representatives need to hear from you. Ask that afterschool programs be included in upcoming COVID-19 pandemic response legislation.