Council for American Private Education

1300 Pennsylvania Ave NW 190-433Washington, DC 20004844-883-CAPE (tel)

www.capenet.org

Voice of America’s Private Schools

Private education: Good for Students

Good for Families

Good for America

State CAPE ReportsMarch 2021

CAPE State Report 2020-2021 Arkansas

The Regular Session of the 93rd General Assembly convened on Monday, January 11, 2021. The following bills are of special interest to Arkansas private schools as they protect and impact the educational choices and opportunities of Arkansas families. Note that the Arkansas Legislature did not have a Regular Session in 2020.

Scholarship Bills HB 1371 – Child Academic Opportunity Scholarship and Grant Act would provide student scholarships to pay for tuition and other approved educational services. HB 1446 – Children of active-duty members of the uniformed services are eligible to receive a scholarship under the Succeed Scholarship Program. The Succeed Scholarship Program currently provides scholarships for students in foster care or with a disability to attend a private school of choice. SB 89 Updates to Succeed Scholarship Program including eligibility, allowable reimbursables, and awarding of scholarships.

Teacher Licensure HB 1594 – Allows teaching licenses to be issued to individuals that are not U.S. citizens. SB 62 – Changes the requirement for Science of Reading training for Arkansas teaching licensure to the 2023-2024 school year rather than 2021-2022.

Gender Equality SB 354 – “Fairness in Women’s Sports Act” which states that interscholastic, intercollegiate, intramural, or club athletic team or sport shall be expressly designated as male or female based on biological sex. The law, if passed, would apply to all public schools and any private schools that compete against them. SB 450 – Creates the “Gender Integrity Reinforcement Legislation for Sports (Girls) Act” which states that athletics, sports, or similar activities participants are designated as male, female, or coed/mixed. Members of the male sex cannot participate in athletics, sports, or other similar activity that is expressly designated for females. Applies to public schools and private schools that compete with them.

Other HB 1097 – Requires the creation of two Arkansas Activities Association (AAA) athletic conferences, separating public and private school competition. HB 1509 – Amendment to state tax-deferred tuition savings program to reflect recent changes in the IRS related 504 program. HB 1547 – Prohibits a requirement for a COVID-19 vaccination or immunization for students and employees in public or private schools in the state. HB 1610 – Addresses the use of student restraints in a public school or educational setting.

Arkansas private schools have also benefited from federal COVID-19 relief funds. CARES ACT – Fifty private schools chose to accept equitable services for ESSER. The original calculation for allocations used total school enrollment numbers as was stated in the guidance provided by the U.S. Department of Education. In September, ADE was forced to reverse their earlier allocations of equitable services to private schools to the Title I, low-income formula and not on total enrollment. The original distribution, based on total enrollment, was made in good faith, aligned with the guidance, and took into account that all students are affected by a pandemic. Allocations totals went from $261,082.21 to $75,002.49.

Emergency Assistance for Nonpublic Schools (EANS) - The application was approved on February 12, 2021. The school application will be released by March 12, 2021 with allocations announced soon after the deadline. There will be a third-party entity handling the applications and the allocations under the supervision of the Division of Elementary and Secondary Education.

California Association of Private School Organizations 15500 Erwin St., #303 • Van Nuys, CA 91411

818.781.4680 • www.capso.org • infor@capso.org

California Association of Private School Organizations

State-CAPE Report for 2020-2021 1. Overview of CAPSO CAPSO members consist of 24 private school administrative units and/or service agencies. CAPSO members provide service to approximately 1,400 private nonprofit schools enrolling roughly 380,000 students, in the aggregate. The association is financed, exclusively, through membership dues, at the current assessment rate of $0.56 per-pupil for all students in grades K-12, inclusive, enrolled in member-affiliated schools. CAPSO is governed by a board of directors that currently includes 14 persons (including an executive committee of four officers), and employs a staff of one, in the person of the association’s executive director. The board conducts four regular meetings each year. CAPSO has two representatives on the Western Association of Schools and Colleges Accrediting Commission for Schools, and two representatives on the California Interscholastic Federation’s Federated Council. Unanimity among the members is required for positions taken in CAPSO’s name on pending legislation, judicial proceedings, administrative actions, and public policy issues. 2. Coordination of State Distribution of Personal Protective Equipment In mid-May, 2020, following successful advocacy on CAPSO’s part, Governor Gavin Newsom agreed to include private schools in the state’s distribution of a 30-day supply of personal protective equipment (PPE). The Governor also asked CAPSO to devise a delivery system in which the greatest number of schools would be served by the fewest points of delivery. Working hand in hand with its member-organizations, the Governor’s Office of Emergency Services and, in a number of instances, county offices of education, CAPSO created a system that delivered nearly 2 million pieces of PPE to approximately 1,750 schools and preschools, using 61 delivery sites. 3. State Legislation and Related Developments of Interest One bill of interest, that stalled in 2020 owing to the impact of the COVID-19 pandemic upon the Legislature’s ability to conduct normal business (and has been reintroduced in 2021) was AB 3271 (Kiley). The measure seeks to remove mandatory arbitration clauses from private school pupil enrollment contracts. Another bill that was enacted, AB 1548 (Gabriel), established a state nonprofit security grant program. This piece of legislation was notable because it created a program in which the state made direct grants to private independent and faith-based schools, despite the following state constitutional provision: “No public money shall ever be appropriated for the support of any sectarian or denominational school, or any school not under the exclusive control of the officers of the public schools.” 4. IDEA Initiative In September, 2020, CAPSO’s board of directors acted to approve a proposal created by Steve Perla and Fr. Tom Olson of ADAC titled “A New IDEA for the Golden State.” Similar to projects being conducted by ADAC in other states, the proposal seeks, through research and training, to substantially increase the number of parentally-placed private school students with disabilities who are identified through the “child find” process, and to increase the amount of federal funding provided to furnish such children with special education and related services. CAPSO and ADAC are now seeking funders to underwrite the project.

The South Carolina Independent School Association

Carolinas CAPE Report

March 2021

SCHOOL CHOICE INITIATIVE: Under the provisions of the South Carolina Education Scholarship Account Act (ESA), parents of eligible students will receive a flexible education grant to customize their child's education in the form of a special online parent-directed account. Parents will use a secure, online payment platform to spend these funds to purchase educational services on behalf of their child. South Carolina's ESA draws on the wealth of experience from other ESA adopter states with an eye toward addressing the reason most South Carolina's parents do not enjoy educational options: income. The South Carolina ESA gives parents who do not currently have education options an unparalleled ability to tailor an education suited to the specific needs of their child.

STUDENT ATHLETIC PARTICIPATION: Under the provisions of the North Carolina Access to Sports/Extracurricular for All Students Bill and the South Carolina Interscholastic Activities Bill, nonpublic school students would be allowed to participate in interscholastic activities of public schools. These two similar bills would provide high school students who attend private schools the ability to participate in sports sponsored by their state's athletic high school league. Each of these bills would also provide policy

· guidelines and participation requirements for private school students that wish to participate in public school athletics. In recent years, state legislators have been questioned by parents about the feasibility of private school students participating in public school athletic programs. These concerned parents site the fact that public school students can participate in athletics at other public schools if the school that the student attends does not offer a specific sport. Both the Access to Sports/Extracurricular for All Students Bill and the Interscholastic Activities Bill does not take into consideration the potential academic challenges related to private to public athletic participation. Issues related to academic scheduling, student disciplinary procedures, athletic penalties, and attendance requirements would all need to be addressed before this bill moves forwa rd.

Post Office Drawer 690, Orangeburg, SC 29116 Emai l: administ ration@sc isa.org

(803) 535-4820 • (803) 535-4840 www.scisa.org

CISA

GENDER IDENTIFICATION: Under the provisions of the South Carolina Save Women's Sports Bill, public and private middle school-level and high school-level teams and sports must be designated based on biological sex, to provide that teams or sports designated for females must be restricted to students of the female sex, to provide certain protections for public and private schools, and to provide certain relief for violations. The General Assembly of South Carolina finds that there are two biological sexes, female and male, and that the sex of a person is objectively determined by the genetics and anatomy existing at the time of birth. The General Assembly also finds that there are inherent differences between men and women and that these differences remain cause for celebration, not for the denigration of the members of either sex or for artificial constraints on an individual's opportunity. There is a debate going on around the United States today related to gender identification and athletic participation. If passed, this bill would have far reaching implications for students in South Carolina and nationally related to gender identification athletic participation.

FEDERAL FUNDING : NORTH CAROLINA LEGISLATIVE OVERVIEW- Under the provisions of the 2021 COVID-19 Response and Relief Bill, this bill allows for modifications to the COVID-19 Relief Legislation and provides additional appropriations for the expenditure of federal CIVID-19 Pandemic Relief Funds. Federal funds received by the State as authorized under the Consolidated Appropriations Act, 2021, (P.L. 116- 260), are appropriated in the amounts provided in the notification of award from the federal government or any entity acting on behalf of the federal government to administer the federal funds. North Carolina state agencies may, with approval of the Director of the Budget, spend these funds received from federal receipts and federal grants. This legislation opens the door for North Carolina private schools to receive GEERS II funding from the North Carolina Department of Education.

Dr. Spencer A. Jordan Executive Director South Carolina Independent School Association

The Colorado Association of Private Schools (CAPS) seeks to be the voice of K–12 private education in Colorado. Its primary mission is to preserve the independence of Colorado’s private

schools and to uphold parental choice in education.

Legislation

SB19-085 This bill called the “Equal Pay for Equal Work Act” took effect on January 1, 2021. The Act was enacted to address pay disparities affecting women and minorities, and includes several provisions aimed at preventing wage discrimination, such as:

• Prohibiting employers from seeking prospective employees’ wage rate histories; • Allowing employees subject to wage discrimination to file a civil action; and • Providing for economic damages in the event of a violation, including liquidated damages.

The Act also contains several broader obligations and prohibitions intended to increase pay transparency, including:

• Requiring employers to announce opportunities for promotion or advancement; • Requiring employers to disclose hourly or salary compensation and benefits for each posting or

job opening; and • Requiring employers to keep records of job descriptions and wage rate history for its employees.

SB20-205 This bill called “Sick Leave for Employees” took effect on January 1, 2021. Starting January 1, 2021, for employers with 16 or more employees, and starting January 1, 2022, for all employers, the act requires employers to provide paid sick leave to their employees, accrued at one hour of paid sick leave for every 30 hours worked, up to a maximum of 48 hours per year.

Proposition 118 On November 3, 2020, Colorado voters passed Proposition 118, a ballot initiative establishing a paid family and medical leave program. It provides for 12 weeks of paid family and medical leave funded through a payroll tax paid by employers and employees in a 50/50 split. The act provides an additional four weeks of leave for pregnancy or childbirth complications. The first premiums for employers and employees will be due on January 1, 2023 and leave under the act will be available starting on January 1, 2024.

EANS – Governor Polis applied for the Emergency Assistance to Nonpublic Schools funds on February 5, 2021. It was then approved by the US Department of Education. This assistance provides $28 million for private schools in Colorado. CAPS along with other groups are working with the Colorado Department of Education to design the application, determine how to distribute the services and make sure all the private schools are aware of this opportunity.

COVID Resources

CAPS has continued to focus on COVID resources for its Colorado members. We have provided several webinars to help schools understand, the Families First Coronavirus Response Act, the C.A.R.E.S Act and PPP loans along with Colorado specific resources. Several meetings have taken place with the Governor’s office and with the CO Department of Education to coordinate efforts to help private schools in Colorado impacted by COVID.

STATE CAPE REPORT

FLORIDA March 2021

A. Results of the 2020 Florida Legislature

I. The Gardiner Scholarship (A Scholarship for Specific Disabilities, including the Autistic Spectrum) The budget included an increase of $42 million to fund the waiting list for the Gardiner Scholarship. II. Voluntary Prekindergarten Program (VPK)

VPK funding was increased in the budget by $49 per student for the regular school year and a $42 per student increase for summer program. Thus, the per student funding increased to $2,486 for the 2020-2021 school year program and $2,122 for the summer program.

III. Florida Tax Credit (FTC) Scholarship Program and Family Empowerment Scholarships (FES)

Expands access to the Family Empowerment Scholarship (FES), and revises the priority of awards under the FES and Florida Tax Credit Scholarship Program (FTC).

• increases the FES enrollment cap from 0.25 percent to 1 percent of the state’s total public-school enrollment,

• increases the FES income eligibility by 25 percent of the maximum federal poverty level after a year in which more than 5 percent of the annual increase in available scholarships are not awarded,

IV. Protection for Florida Student Athletes from Heat Strokes

Requires the Florida High School Athletic Association (FHSAA) to revise its safety policies for preventing and responding to heat stroke in student athletes and specifies that these requirements apply year round. The changes include:

• Requiring schools to monitor heat stress and modify athletic activities based on heat stress guidelines, identify heat stress levels at which a cooling zone must be made available for athletic activities; establish requirements for implementing cooling zones, including the presence of individuals with training on rapid cooling at athletic activities;

and require student athletes to pass the annual medical evaluation each year before engaging in any athletic activities year round

• Requiring an employee or volunteer with current cardiopulmonary resuscitation and automated external defibrillator (AED) training to be present at any athletic activity

B. Pending Legislation during the 2021 Legislative Session

• Dual Enrollment • Legislation to restore dual enrollment access to private school students, without passing

the costs of the coursework at state colleges back to private schools.

As a result of change in this legislation in 2014 of passing the costs back to private schools, the number of private school students in the dual enrollment program have dropped 50%.

2. Streamlining of 5 State Scholarships into Two Scholarships • The Florida Tax Credit (FTC) Scholarship, along with the Hope Scholarship, would be

combined into the Family Empowerment (FE) Scholarship, with no requirement of prior public-school attendance, and awarded to families that fall below 375% of the federal poverty level.

• The Gardiner Scholarship would be combined with the McKay Scholarship, with no prior public-school attendance and with a requirement that the local school district provide personnel to create Individual Education Plans (IEP) when needed.

Hawaii Association of Independent Schools • 200 North Vineyard Blvd., #A-401 • Honolulu, HI 96817 Phone: (808) 973-1535 Fax: (808) 973-1545 Website: www.hais.us

Hawaii Association of Independent Schools (HAIS) & Hawaii Council of Private Schools (HCPS)

March 2021 CAPE Report

Overview of HAIS and HCPS

The Hawaii State Legislature passed Act 227 in 2019 making the licensing of all private K-12 schools in Hawaii mandatory and also defining for the first time what a “private school” is:

For purposes of HCPS licensing of private schools, the definition of a “private school” is any organization or operation registered to do business in the State of Hawaii as a not-for-profit or for-profit business providing educational programs and/or services at or from a physical or virtual location for any grades kindergarten through 12 in order for students aged 5 through 18 to be in compliance with the Hawaii State Compulsory Attendance Law (HRS 302A-1132).

This new requirement became effective July 1, 2020, and, as a result, approximately 25 businesses claiming to be “schools” were reclassified as “educational programs” during the licensing period. The total number of licensed private K-12 schools in Hawaii dropped from the previously estimated 140 to 112 as of Dec. 31, 2020. Of the total 112 K-12 private schools, 102 schools are currently dues-paying members of HAIS; and, of that 102, HAIS/WASC currently accredits 48 schools and WCSA/WASC accredits 15 schools.

Private K-12 schools in Hawaii currently educate just over 34,000 students or 16% of the total state K-12 student population. An additional 118 private pre-schools are licensed by the State Dept. of Human Services (DHS) which HCPS recognizes as equivalent licensing.

Hawaii was allocated $44,450,000 in ESSER funding under the CARES Act and, based upon total student headcount, Hawaii’s private schools should have received just over $6.5 million of that funding; however, because Hawaii’s constitution does not allow any state funding or any federal funding flowing through the state to be awarded directly to private schools, only about one million of those funds were set aside to fund private school requests. To avoid private schools receiving funds directly the SEA provides a shopping list to eligible private schools from which they can order supplies, materials and equipment. The SEA then purchases those items and “loans” them to the private schools for two years, after which they must be returned to the SEA unless they were consumable items.

The Governor of Hawaii did award half of the $10 million in GEER funds provided to Hawaii to a project put forth by a consortium of Hawaii DOE, Univ. of Hawaii and HAIS that will fund public and private school teachers to work together during the next two summers to create targeted online learning resources for K-12 schools in Hawaii. The Governor has also applied for the second increment of GEER funding which includes a set-aside of $9.8 million for private schools;

Hawaii Association of Independent Schools • 200 North Vineyard Blvd., #A-401 • Honolulu, HI 96817 Phone: (808) 973-1535 Fax: (808) 973-1545 Website: www.hais.us

but these funds will likely still need to be distributed through the bureaucratic methods used by the SEA to distribute Title funds.

The 2020 Hawaii State Legislature authorized the Hawaii Teacher Standards Board – which licenses all public school teachers in the state – to create a new Private School Teacher Certificate that will recognize through various levels of certification the experience and education of unlicensed teachers working in Hawaii’s private schools. There is no cost for the certification and it is entirely optional.

…the voice of nonpublic education in Illinois

CAPE State Report: 2020-2021 SCHOOL CHOICE INITIATIVE: ICNS continues to be active in the formation of a new statewide coalition working to advance school choice options in Illinois. Three years ago, Illinois passed a State Tax Credit Scholarship Program allowing individuals and corporations to donate money to organizations that grant scholarships to students in private schools. Known as the Invest in Kids Act, the cap on donations is $100 million. Qualified donations will be awarded a 75% credit towards the donor’s state income taxes. The recipients of the scholarships are low and middle income private and public school students who can attend schools of their choice. ICNS continues to support, work to protect, and improve the $100 million Invest in Kids Act.

ILLINOIS STATE FINANCIAL CHALLENGES: In the past few years, the Illinois state government has experienced great financial shortfalls. For the twelfth consecutive year, three programs that gave some financial support to public and nonpublic schools have not been funded. These programs were the Textbook Block Grant, the ADA Block Grant and The Parent Transportation Program. Catholic Conference of Illinois (CCI) along with ICNS worked with Illinois State Board of Education (ISBE) to reshape the Textbook Loan Program into the Textbook Block Grant for the sake of efficient distribution. This work remains in place in the hope of restored funding in 2021. ICNS legislative goals for the current Spring Legislative Session are: 1) Work to restore funding to the Textbook Block Grant, Educational Improvement and School Safety Block Grant and the Parent/Guardian Transportation Reimbursement programs; 2) Stay current on school choice options such as tax credits and vouchers as opportunities exist; and 3) Be aware of any legislation, rules, or regulations associated with early childhood education, elementary, and high school so ICNS can respond appropriately. ICNS has again contracted with a lobbyist who will continue to promote our ICNS initiatives in partnership with the lobbyists from Catholic Conference of Illinois land Agudath Israel of Illinois.

EFFORTS WITH THE ILLINOIS STATE BOARD OF EDUCATION (ISBE): A fourth ICNS goal is to work with the ISBE to maintain a smooth and cooperative relationship between the State Board of Education and nonpublic schools to ensure an effective state school recognition process for nonpublic schools. Nonpublic school recognition visits are conducted by independent contractors trained by ISBE. This year, new visits are already being scheduled based on a consistent 5-year visitation schedule. Together with ISBE, ICNS has also been active in the planning of a nonpublic school state conference. Previous themes were ESSA, IDEA, Supporting English Learners (ELs), and for future years the themes will be: Title I, IDEA, Student Health and Safety, Title III, and State Recognition Q&A. The conference was not convened in 2020 and 2021 due to the Covid-19 pandemic.

CARES FUNDING ADVOCACY: When legislation was passed regarding the CARES Act (ESSERF, GEER, EANS), ICNS was active in advocacy efforts for the equitable rights of nonpublic students.

COMMUNICATION: The Board of Directors of ICNS publishes a monthly Electronic Report as the communication tool for its member schools. It is written to keep member schools informed about the support being provided nonpublic education in Illinois. Each issue includes brief synopses of developments with ICNS, legislative updates, matters related to ISBE and educational issues of interest to nonpublic school administrators.

Submitted by Arlene Friedman, ICNS Treasurer

A Council for American Private Education (CAPE) Affiliate www.icns.net

Indiana Non-Public Education Association Annual CAPE Report March 14-15 2021

Pandemic Like the rest of the world, much of INPEA efforts in 2020-21 have revolved around supporting our member schools through this once in a life time pandemic. From providing education around safety protocols to providing networking opportunities for school leaders to lobbying state and local health departments, INPEA like our schools was consumed with all things COVID. Emergency relief funding became a central focus with the passage of the CARES Act which necessitated work with our State Department of Education and dealing with the frustrations of how equitable participation would be defined (via enrollment or poverty). The release of the second round of funding through EANS was a much more positive experience. Indiana was allocated 82 million dollars and Indiana’s Governor and the DOE were very cooperative and flexible in their approach. Most of our schools have returned to in person instruction. Elementary schools returned in person in the fall while high schools remained in a hybrid model. High schools then returned to full in person instruction in the second semester. As schools plan for the use of their EANS funds, they are attempting to assess the true impact of students’ learning loss. It is our hope that, since schools have been in some type of continuous instruction throughout the pandemic, that the experienced learning loss will be minimal. 2021 Legislative Session 2021 marks the 10th Anniversary of Indiana’s Choice Scholarship Voucher program. To date, 273,000 students have received a total of $1,015,000,000 in scholarships. In part to celebrate the anniversary, school choice advocates have proposed some very ambitious expansions to our voucher program. HB 1005 would increase the financial eligibility to $107,000 for a family of four in year one of the biennium and $145,000 in year two. It would also streamline the voucher amount to 90% of the state ADM tuition support. It also calls for the creation of an ESA for students with special needs, foster children and children of active military. HB 1005 passed out of the House 61-38. We have a much steeper hill to climb in the Senate. We are determining if we should keep pushing a stand-alone bill (1005) or incorporate it all in the budget since that’s harder to vote against. The opposition has gone pretty negative and have been very well organized around the state. We are vote counting and still remain optimistic.

Special Ed Study

INPEA is partnering with ADAC, an educational consulting firm out of Massachusetts, to conduct a study of IDEA implementation in Indiana’s non-public schools. The study and subsequent training will occur over a two year period. We hope to work collaboratively with the Indiana Department of Education throughout the process. ADAC recently completed a study for USCCB and is in conversation with some other state capes for studies as well.

INPEC 2021

Due to the pandemic, INPEA postponed its annual conference in 2020. Plans are moving forward for an in person conference to be held on October 4 & 5 2021. The conference usually draws approximately 2000 people with 100 sessions and about 100 vendors. Hopes are that we’ll be well into herd immunity by then. Let’s hope!

Dues

Like many associations, there were great concerns about dues collection this school year because of the pandemic. After much discussion, the INPEA Board decided to still raise dues by 4% (it was originally supposed to be 8%) and so far our dues collection rate has been about 97%. God is good!

Respectfully submitted,

John F. Elcesser Executive Director Indiana Non-Public Education Association

Maryland’s Voice for Nonpublic Education

RABBI ARIEL SADWIN President GARRETT J. O’DAY, ESQ. Chair, Steering Committee P. GEORGE TRYFIATES Director, Federal Programs

7 CHURCH LANE SUITE 14 BALTIMORE, MD 21208 P: 410-484-3632 F: 443-450-3748

EMAIL: INFO@MDCAPE.ORG WEB: WWW.MDCAPE.ORG FACEBOOK: @MDCAPE TWITTER: @MD_CAPE

2020-2021 ANNUAL REPORT 2020 Legislative Session Recap – a pandemic-shortened session – a 5th year for BOOST On March 13th schools in Maryland closed their doors and went virtual for the duration of the 19- 20 school year. Also closing early was the 2020 legislative session of the Maryland General Assembly. During the shortened session there was no shortage of MDCAPE activity on behalf of MD’s nonpublic schools. The BOOST Scholarship Program was once again reauthorized and funded at $7.5 million, despite the usual opposition in the House of Delegates. Included in the allocation was $700K that was directed to students with additional special education costs. The piece of legislation that was the buzz of Annapolis in 2020 was a public school measure, called the Blueprint for Maryland’s Future, the result of a three-year effort by the “Kirwan Commission” to reshape public school funding. One part of the initiative was a pre-kindergarten expansion program. MDCAPE played an important role in the inclusion of nonpublic pre-k providers as 50% participants in the expansion. A promising effort to include a BOOST-type amendment to the “Blueprint” as part of the negotiations fell short due to the abrupt end to the session. Additional funding: The annual allocations for textbooks and technology purchases, school improvement construction grants, and safety improvements were level funded in the budget. The total allocation in the FY 2021 state budget was $20.5 million to nonpublic schools. Despite the expected opposition, the Maryland 529 Savings Plans survived another attempt of having K-12 tuition removed from being an allowable use. However, access to the state’s 529 contribution program, a wildly popular benefit, was limited to only two contributions per student. Other legislation of MDCAPE interest: the bill to impose unprecedented and unnecessary anti- discrimination policies in nonpublic schools thankfully failed again; modifications were made to the 2019 teacher background check law; a bill seeking to ban weapons on nonpublic school grounds failed, as did bills to impose higher costs for mold and lead testing in schools. MDCAPE Student Advocacy Day Mere days before the COVID shutdown began, the annual MDCAPE advocacy day for nonpublic school students was a huge hit, drawing a remarkable crowd of more than 1,000. Governor Larry Hogan and many other legislators joined in the day’s events to engage with the students.

CARES, ESSER, GEER, CRRS, EANS, etc. While the legislative offseason is never dull, this year’s version was overrun by pandemic relief funding programs for all schools. MDCAPE worked (and continues to do so) tirelessly with national colleagues, the Governor’s office, and state and local education officials, to understand the new funding formulas and to advocate for the many needs of Maryland’s nonpublic schools recovering from the pandemic. MDCAPE has regularly surveyed the state’s nonpublic schools on their needs and uses with the relief funds made available. Additionally, MDCAPE played a prominent role in ensuring nonpublic schools had every opportunity to reopen safely – even in the face of aggressive measures to prevent reopening in certain local jurisdictions. Halfway through the 2021 Legislative Session As of this writing, the 2021 MD legislative session is just past the midpoint. A session like no other, lobbyists are not to be seen around Annapolis and legislators are only present for minimal activities. MDCAPE’s legislative agenda is focused around maintaining and increasing the allocations for the BOOST scholarship program (from $7.5 million to $10 million) and for the level funding of the three school grant programs (textbooks/technology, school construction, and security). The opposition to our funding programs has been focused on tying the funds to the potential outcome of a court case where schools were cited by MSDE for having “anti-LGBTQ admissions policies” and dismissed from the BOOST program in spite of their First Amendment religious speech protections. On that note, MDCAPE is once again mounting a defense against the bill that seeks to require private schools to adopt anti-discrimination policies (including religion, sex, age, disability, marital status, sexual orientation, gender identity, etc.) that do not exist anywhere. MDCAPE is working to protect the benefits for nonpublic school families via Maryland 529 investments towards K-12 tuition costs. A bill to limit access to the program’s state contribution component is likely to pass, but MDCAPE did not take a position on it.

MICHIGAN ASSOCIATION OF NON-PUBLIC SCHOOLS (MANS) State CAPE Report

March 2021

COVID 19 PANDEMIC RESPONSE: The majority of the work MANS has undertaken since March 13, 2020 has revolved around the response to the COVID 19 Pandemic. All Michigan schools were closed in mid-March 2020 for the balance of the school year. Nonpublic schools acted swiftly and were able to establish remote learning with 7-10 days across the state. Almost all nonpublic schools reopened in August 2020 for in person learning, all while following extensive Return to Learn protocol established by the state of Michigan in order to proceed with in person learning. Some schools offered a hybrid model with students coming in only part of the week and taking classes remotely the other part of the week. MANS with three high school members and parents brought suit against the state of Michigan in December, 2020 when a Department of Health order closed all High Schools in the state of Michigan in response to surging virus outbreaks. The basis of the suit alleged a violation of the students right to practice their religion. A motion for a temporary injunction against the state’s order was denied as high schools were approaching Christmas break and were allowed to reopen again January 4, 2021.

EANS funding has dominated discussion and action since the beginning of 2021. MANS has built on a strong relationship it has had with the Michigan Department of Education (MDE) and the state’s Ombudsman office, particularly with respect to the rollout of the EANS application process. On March 9th, Governor vetoed EANS funding and summer school grant funding that was in the Supplemental budget presented to her last week (Michigan law requires the legislature to appropriate federal funding). She also vetoed HB 4049 a bill that would have transferred the power to close schools to in-person learning from state to local authorities. By vetoing HB 4049 she has put $841 million earmarked for public schools (ESSER II) in limbo as it was tie-barred to passage of HB 4049. The EANS funding ($87 million) and summer school grant funding ($10 million) were not tie-barred to HB 4049 but were nonetheless vetoed as the Governor did not want nonpublic schools to receive 100% of its COVID relief funding while public schools did not. It is not likely that the EANS funds are in any long term jeopardy. This is just political gamesmanship and an effort by both the Governor and the legislature to bring each side to the table for negotiations. Unfortunately, schools and students are put in the middle.

BUDGET PRIORITIES

SHARED TIME: The provision of noncore courses to nonpublic school students has been a fixture of the Michigan education landscape for decades. It has been upheld by the Michigan Supreme Court. Shared time programs benefit public and nonpublic schools, and create collaboration in the education of all Michigan school children. MANS urges continued legislative and fiscal support for this important program. The Governor’s proposed FY22 budget did not contain any reductions is share time funding.

HEALTH AND SAFETY MANDATES: The State of Michigan has placed numerous health, safety, and welfare regulations upon all schools in Michigan. Unlike public schools that are compensated for these important safety regulations through foundation grants, nonpublic schools have no such compensation. The past three School Aid budgets have included combined funding in the amount of $5,250,000 to compensate nonpublic schools for these mandates. The issue of whether or not the reimbursement is constitutionally allowable remains before the Michigan Supreme Court. In 2018 a 2-1Court of Appeals decision, the appropriation was deemed to be constitutional.

On December 28, 2020, the Michigan Supreme Court issued a 3-3 ruling upholding the 2018 Court of Appeals decision. The Court’s 3-3 split decision was a result of Justice Elizabeth Clement’s recusal from the case due to her previous employment as legal counsel for Governor Rick Snyder when the appropriation was signed into law. In writing for affirmation, Justice Markman said allowing reimbursements to nonpublic schools is in accordance with both the religion clauses of the U.S. Constitution and Michigan Constitution, in that public funds are to be appropriated “only for ‘police power’ public services to which all educational institutions and all students are generally entitled.” Writing that the funding was unconstitutional, Chief Justice Bridget McCormack stated that “for a nonpublic school, or any other organization in Michigan, complying with general health, safety, and welfare laws is just a cost of doing business.” The ruling will require the state Court of Claims to review if individual mandates meet the three-part test as defined by the 2018 COA ruling. On January 15, 2021, the plaintiffs filed a motion asking the court to reconsider its ruling. The defendants (Governor Whitmer and State Superintendent Rice) filed a brief on January 21, 2021 supporting the motion to reconsider. On January 27, 2021, MANS filed a brief arguing against reconsideration, citing the lack of error in the ruling which should preclude reconsideration. We await a decision.

ROBOTICS GRANTS: Governor Whitmer did not include the $300,000 included in the FY 2018, FY 2019, and FY 2021 budgets for competitive grants to nonpublic schools that participate in FIRST Robotics competitions. $300,000 was included by the legislature in its FY 2020 budget, which was vetoed by the governor. The governor proposed $4.7 million dollars in public school funding for this program. MANS will advocate for the legislature to include this funding which when available is popular among schools.

SCHOOL HEALTH AND SAFETY: The governor proposed a supplemental budget that will include $55 million for the installation of hydration stations in public schools. MANS will advocate for the inclusion of nonpublic schools in these grants should they be supported by the legislature.

MENTAL HEALTH SERVICES: The governor’s proposed budget adds $5.6 million for school based mental health services, for a total appropriation of $36.9 million. Services are available to nonpublic school students upon request.

State CAPE Report - Minnesota March 2021

Our mission

MISF connects and strengthens Minnesota’s independent schools through exceptional training, resources, and advocacy so they can be student-centered and mission-driven.

Legislative Landscape

• Minnesota still has the unique distinction of the only divided legislature in the country – Democrats have majority in the House and Republicans in the Senate – makes for fun negotiations.

• Our key initiatives/priorities for the year include: o Expansion of education tax deduction and credit, and inclusion of tuition as an eligible

credit o Expansion of nonpublic pupils aids to extend guidance and counseling services to

elementary students (currently only available for secondary students gr. 7-12) o Eligibility of nonpublic schools for any school safety grants programs/opportunities. o Modification and clarity around nonpublic pupil transportation when local public

schools are in different learning model (maybe COVID centric, but some technical issues remain)

Relationship with MN Department of Education (MDE)

• Relationship with MDE continues to evolve – we have been key in informing the department on operations and nomenclature for nonpublic schools.

• Great relationship with Nonpublic Ombudsperson – have been meeting almost weekly since March 2020.

• Outreach to our organization from MDE much more regular and collaborative • EANS formula and allocations were informed by numerous discussions. Outcome has been

positive and well received – awaiting approval from USDE and then application process will begin

Other information

• Membership retention increased to 95.5% - grew from 152 to 158 schools. • Member engagement rate up significantly from previous years. Likely exceeding 90%. Above

regular 85% annually.

• Awareness among schools and funders increasing. Big question we continue to ask, “what if we didn’t exist? How would your local private/independent school be aware of the guidance, programs, vaccinations and opportunities?”

RE: MAIS UPDATE for CAPE

Like the rest of the world, MAIS has had quite a year. Unlike the rest of the world, MAIS and its member schools have been operating very close to “normal.”

Member schools opened for in-person instruction in August, as scheduled. Each school devised its own safety plan as required to do annually to meet accreditation requirements, but this year’s plan included precautions against the spread of COVID-19. Common precautions included using masks judiciously and banning from campus anyone with positive test results for the virus, anyone with symptoms associated with viral infection, and anyone who had been in close contact with someone with positive test results. Each week, schools reported to the MAIS office the number of students and staff with positive test results, the number banned from campus for being symptomatic or for close association, and the number of hospitalizations of students and staff. Numbers remained markedly low throughout the year. With the aid of contract tracing, it appeared that persons with positive test results likely contracted the virus outside of the school setting. Employing over 6,000 adults, MAIS member schools collectively saw only five COVID- related hospitalizations. Among the almost 40,000 MAIS students, no hospitalizations and no deaths were reported.

Not only did member schools carry on in-person instruction throughout the year, but they also participated in interscholastic competitions. Fall sports including girls’ softball and girls’ soccer, football, cross country, and basketball all had full and complete schedules, although governor’s orders (dubious in their legality and enforceability) somewhat limited the number of spectators at these events. MAIS also hosted regular events such as the annual Spelling Bee, Quiz Bowl, Student Council Convention and Teachers Convention, as well as adding a new Robotics Fair.

MAIS spent a great deal of energy running interference with the governor’s office and state health officials so that its members could operate freely. Although mildly expressing their displeasure, health officials did nothing to combat MAIS’s advocacy for its members. As a result, students in MAIS schools did not “lose a year” as far too many children around the country did. There operations made them even more attractive than usual, and most member schools experienced a growth in enrollment.

Most MAIS schools report that they are in a better cash position than normal, despite the otherwise difficult year. The forgiven PPP loans from the spring semester of 2020 helped greatly. Other subsidies did not. Of the approximately $70 million ostensibly earmarked for Mississippi’s private schools, only 90% of the first $10 million grant administered through the Mississippi Development Authority made it into schools. Less than 20% of the $30 million broadband grant

176 Country Place Pkwy, Pearl MS 39208 601.932.2007 MSAIS.ORG

was claimed in December 2020, and many schools have still not received their approved claim amount. It appears that less than 10% of the schools will even apply for the current $30 million EANS funds. It remains to be seen what will be done with all the money appropriated by the US Congress for Mississippi’s public schools and for the private schools within the state. What is clear is that the funds are a disruption in the normal funding and revenue streams for schools, potentially creating ongoing demands for additional funding to maintain or replace new goods and services that normal revenue cannot support.

As this year draws to a close, we remember the significant role independent schools play in Mississippi’s economy and culture. MAIS is proud to advocate for them and proud to partner with other independent school advocates through CAPE.

Agudath Israel of New Jersey • Archdiocese of Newark • Association of Christian Schools International Association of Schools and Agencies for the Handicapped • Catapult Learning; A Division of Educate Inc. • Christian Schools International

Diocese of Camden • Diocese of Metuchen • Diocese of Paterson • Diocese of Trenton New Jersey Association of Independent Schools • New Jersey Association of Jewish Day Schools • New Jersey Association of Lutheran Schools

New Jersey Catholic Conference • New Jersey Conference of Seventh-day Adventist Schools • New Jersey League of Islamic Schools

NJ CAPE Council for American Private Education "To promote the interests and betterment of private/nonpublic schools within the State of New Jersey"

New Jersey CAPE Report March 2021

Education Budget for 2021-2022 School Year Governor Murphy’s Budget was released on March 2, 2021. The final numbers for his Budget were as follows:

• An additional $1 million in funding for Compensatory Education (remedial language arts/reading and math). There will be more about this later in the report.

• Security funding - $175.00 per pupil.

• Nursing services - $112.00 per pupil.

• Technology - $36.00 per pupil.

• Transportation - $1,000 per pupil. There will be more explanation to follow.

The next step is for the Legislature to hold Budget hearings, and we will be looking for increases in technology and transportation. The total funding for nonpublic schools (exclusive of transportation) in the Governor’s proposal increased from $119,403,000 to $125,453,00. Compensatory Education Issues Compensatory Education has been available for nonpublic school students for over 40 years. Recently, there has been an influx of students qualifying for this service in central New Jersey (particularly in the area of Lakewood and surrounding towns). The increase has caused a reduction (proration) of the $995.33 dollar amount for each service to as low as $770.00 for the current year. An additional $1 million has been added in the Governor’s Budget, but we do not feel that this will sufficient to close the proration amount. The amount of the proration includes less class time and larger class sizes. The solutions to this problem vary. The major difficulty is that the qualifying percentage on a recognized national test is below the 40th percentile. One solution would be to reduce the percentile to 35 or less. Another solution would be to limit these compensatory education services to elementary students only. These qualifying scores do not take into account the fact that it is possible for a teacher to use multiple measures to have a student qualify for compensatory education, if the student scores above the 40th percentile.

Another complicating factor in this matter is that many students are enrolling in certain parts of the state during the course of the year. For example, during the last school year, the Department had to borrow money to pay for compensatory education services. In the current school year, the reduction in the per-pupil amount took into account the repayment of money that was borrowed to pay for the services in the previous school year. We are working on solutions to the problem, and we hope to have them in place for the next school year. Transportation The ongoing problem for our students is transportation. Students qualify for transportation if they live 2 miles from their school (for elementary students) or 2.5 miles from their schools (for secondary students). If the district is not able to find bidders for $1,000 per pupil, the student’s family receives aid-in-lieu payments in that amount. The issue is complicated this year because bus capacity is reduced significantly as a result of CDC Guidelines, and therefore, few bus contractors can run a route for the statutory amount with the number of pupils on the bus being reduced. Furthermore, New Jersey is particularly hard hit, as are other states, with the reduction in the amount of driver applicants. Many bus companies in New Jersey have gone out of the business in the last five years. We are asking for an increase in the $1,000 ceiling for nonpublic school pupils in order to make up some of the difficulties in finding bus routes for our children because many parents would be unable to send their children to a nonpublic school even if they were paid twice the statutory amount because they are working multiple jobs to pay tuition. Contacts for NJCAPE: Judith A. Nicastro Chair, NJCAPE Associate Director School Services/School Data Management Diocese of Trenton 701 Lawrenceville Rd., PO Box 5147 Trenton, NJ 08638 609-403-7217 jnicas@DioceseofTrenton.org George Corwell, Ed.D. Treasurer, NJCAPE Director of the Office of Education New Jersey Catholic Conference 149 N. Warren Street Trenton, NJ, 08608 609-989-1120, ext. 20 George.Corwell@njcatholic.org

NEW YORK STATE REPORT TO CAPE MARCH, 2021 – Submitted by Jim Cultrara

▪ Federal COVID Relief: Most of our schools have benefitted from PPP-1 as well as FEMA reimbursement for COVID-related expenses. CARES Act services have yet to commence for most schools as the state has yet to finish reviewing LEA applications. Though many schools have elected to receive PPP-2 funding, most schools appear to be waiting to apply for EANS. Our coalition leadership has actively engaged Senator Schumer in an effort to maximize relief for private schools under the 6th federal COVID package.

▪ Remote and In-Person Instruction: Despite the tremendous cost in complying with state health requirements, most private schools in NY have remained open for in-person instruction for the entire 2020- 21 school year while also offering parents the option for remote instruction. The Diocese of Brooklyn is creating an on-line academy, to commence in the 2021-22 school, for those parents who continue to seek full-time remote instruction for their children. While approval from the state is not required, the Diocese is seeking a provisional charter from the NYS Board of Regents which they hope will become permanent.

▪ Substantial Equivalency of Private Schools: After rejecting their own proposed regulations on substantial equivalency requirements for private schools, the NYS Education Department and Board of Regents commenced a series of virtual roundtable discussions seeking additional input from stakeholders. The input is designed to guide the department and board as they develop a plan for enforcing the requirements. A consensus appeared to emerge from the discussions on identifying multiple pathways for schools to satisfy instructional requirements. Our Religious and Independent School Advisory Council meets with the Commissioner and senior staff on a regular basis where the issue is continually discussed.

• STEM Salary Reimbursement: The STEM program reimburses schools for a portion of the salaries of teachers of STEM subjects. Initially funded at only $5 million in 2017, the program has increased to $15 million, then $30 million, although applications exceed $81 million. We enjoy the support of the Governor and majority of legislators on the program for which we seek on-going increases in funding.

▪ Health, Safety & Security – Capital Funding: Schools are eligible for approximately $30 / pupil in reimbursement for numerous health, safety and security expenses. We seek additional funding and allowable costs for reimbursement including for health and mental health services, criminal background checks, remediation of safety hazards and critical capital needs.

▪ State-level Title IIa & IVa Funds: We continue to collaborate with the State Education Department on spending some $2 million in state-level Title IIa & IVa services, which includes support of our annual conference, regional professional development activities, graduate level courses and three new regional Professional Development Resource Centers to provide IIa and IVa programs and services. Our State CAPE (the NYS Coalition for Independent and Religious Schools) continues to contract with SED on some of these state-level funds. NYSCIRS is also in our 8th year of working with multiple LEAs for the pooling of local- level title funding for several private school consortia – a practice first begun some 35 years ago.

465 State Street Albany, New York 12203 518-434-6195

Agudath Israel of America

Association of Christian Schools International / New York

Jewish Education Project

Lutheran Schools Association

NYS Association of Independent Schools

NYS Catholic Conference

Agudath Israel – Association of Christian Schools International – Lutheran Schools of Ohio Ohio Association of Independent Schools – Seventh Day Adventist Schools, Ohio Conference

Ohio CAPE

Ohio’s General Assembly kept Ohio’s CAPE member institutions busy in the time period since the last CAPE Spring Meeting. The issues consuming much of our time include the following:

• Pupil Transportation: Ohio’s nonpublic students have been entitled to transportation to school by their district of residence, when practical, since the late 1960’s. With the pandemic shutting down many public school district buildings, districts sought to continue to collect transportation money from the state without actually providing the transportation to nonpublic students. After registering our disapproval with this practice to Gov. DeWine’s team, the Executive budget introduced earlier this year put teeth into the transportation statute and holds districts accountable for not following the law.

• State Funding Cuts: With state income and sales tax revenues sinking like a stone when the pandemic hit, the Governor moved to make drastic cuts to state government to help balance the budget, and schools took the biggest and earliest hit. CAPE member organizations lobbied the administration to reduce the severity of the cuts and also use the opportunity to urge the administration to support the direct payment of auxiliary services funding to religious schools, especially in light of the U.S. Supreme Court’s Espinoza decision. The direct payment language is in the Executive budget and we will continue to advocate for it as it moves through the legislative process.

• ESSER Funds: The Ohio Department of Education (ODE) put out guidance that directly contradicted the initial rule issued by the U.S. Department of Education regarding the distribution of funds through proportional enrollment. CAPE members objected and ODE withdrew its guidance, issuing new guidance representing the federal agency’s existing rule (at the time).

• Voucher Programs: CAPE members are working with the Catholic Conference of Ohio (not an Ohio CAPE member) to increase the amounts of the Cleveland Scholarship program and increase access to the state’s EdChoice Scholarship program. The budget for the 2021-23 biennium is currently under consideration and is slated to be enacted into law by June 30, 2021.

• State and Local Health Orders: As summer passed and the start of the school year drew near, county and local health departments were empowered by the Governor to make local decisions to reopening school buildings to in-person instruction. CAPE members and schools lobbied both state and local officials to allow private schools to open for instruction regardless of the decision of local districts to open or continue to keep their buildings closed.

• Transcripts legislation: Ohio law currently allows private schools to withhold the transfer of transcripts in the event of parents not paying tuition owed to the school. Legislation that would’ve prohibited the practice made it through the House and a Senate committee before not getting a Senate floor vote at the end of session.

Our members remain committed to preserving the role of private education in Ohio.

Summary

Member Associations: Agudath Israel-Mid-Atlantic Region

American Montessori Society Schools of PA Association of Christian Schools International Association of Christian Teachers and Schools

Friends Council on Education PA Association of Independent Schools

PA Catholic Conference Teach PA - A Project of the Orthodox Union

Pennsylvania State CAPE Report Spring 2021

PACAPE represents a significant amount of the private school community in PA, and as such is primarily a supportive, networking organization driven by Private School Associations. It is very positively recognized in the public policy community in PA as representing the diverse communities within the private school community. With a small budget, but highly committed participants, it accomplishes a lot that individual Associations cannot do. 2020 has provided our Association several challenges and opportunities that are highlighted below:

2020 Initiatives and Responses

• We had identified pre-COVID that our primary organizational goal was to move toward incorporation and to

continue to expand the organization with additional associations. Both of those goals saw significant progress last year.

• Three additional associations joined PACAPE during the last year • We were able to develop specific by-laws and are in the incorporation process currently. • During COVID, we developed a regular call that was sustained through much of the crisis. Our meetings remain

more frequent and regular than before. • We are advocating for an Educational Savings Accounts (ESA) bill that would allow special needs students to

attend a school that best fits their needs, public or private. • We continue to work to develop our successful Educational Improvement Tax Credit (EITC) program providing

scholarship funds to private schools through business and SPE tax credits, and are focused on an additional increase this year, and are lobbying for an automatic escalator.

• We were also level funded in our education line items in the budget. • We have also been successful in increasing private school security funds that up until this point have mostly been

directed at the Public Schools. • Our schools have had mixed experiences with some school communities’ enrollments up, some down, but all

experiencing the tension of dealing with COVID. 90% of private schools were successful in offering in-person instruction this year.

• We were successful in passing transportation legislation during COVID that would mandate public school districts to provide transportation to nonpublic school students even if public schools were only offering virtual instruction.

• We were successful in passing COVID Emergency Targeted School Health and Safety Grants for Nonpublic Schools. Allowed each nonpublic school to apply for $10,000.

Current Activities

1. We continue to develop our School Choice Champion Award given to a legislative champion, and this year we are adding another award to a legislator who has passed suddenly who has been a champion. 2. Continued advocacy for private schools in the Commonwealth on a variety of levels. 3. We are putting on hold this year, but continuing to build very successful 8-year-old teacher- administrator appreciation program in the state with additional applications coming in each year. This year we honored all teachers.

Dr. D. Merle Skinner, PA CAPE Executive Director 724.455.2122 ext. 103 merle_skinner@champion.org Sean McAleer, PA CAPE Co-Coordinator, 717.514.1882 smcaleer@pacatholic.org

Mailing: 2118 Indian Head Road, Champion, PA 15622 Phone: 724-593-9200x103 Fax: 724-593-9210 Email: pacape@champion.org

RI State Report Collaborating across the state with private school colleagues and working closely with the Governor’s Office, we have ensured allocation of ESSER funds to support our teachers and students impacted by the pandemic. We are now waiting for the Rhode Island Department of Education to post the application for the EANS funding. CAPE and private schools in Rhode Island have been strong voices for safe, in-person learning that has garnered the attention of the press and praise of politicians. We have a new governor as of March 2nd and hope this will provide an opportunity in coming years for an expansion of the state’s corporate tax credit program.

STATE CAPE UPDATE March 2021

COVID As with all other state CAPEs, TPSA has expanded in scope and been in constant communication with schools since March 13, 2020. We have been involved in the daily, then weekly, now biweekly calls with the Commissioner of Education as well as in communication with the Governor’s office, the Department of State Health Services, and the Texas Division of Emergency Management to help with:

• Updating schools on the latest health information from the CDC and state authorities

• PPE distribution to private schools last summer • Getting the Attorney General to help us reopen private schools this fall • Explaining provisions of the CARES Act like the Paycheck Protection Program,

the leave provisions, and tax credits to schools • Distributing rapid COVID tests to private schools late last year • And now figuring out a way to vaccinate all private school employees in an

efficient manner I am not sure when or how the work of TPSA will go back to “normal” or what normal will be. The good news is that our membership grew from 350 schools in 2019-2020 to 480 schools in 2020-2021, so the work and value of the organization is being acknowledged. Legislative Session We are at about the midway point of our legislative session that has been very slow to start and this week we enter breakneck pace. There are a few bills we need to kill that seek to regulate the air and water quality of private schools and require installed video cameras in preschool classrooms. We are working with stakeholders on the immunity from liability bill for COVID-related claims. That one is likely to pass, since it is a Governor priority measure, but we are trying to make sure that there is language in there specific to private schools. Some school choice proposals have been popping up in surprising bills filed by powerful folks who have not traditionally been leaders in this effort. We are cautiously optimistic that we can get something passed that makes sense for private schools.

2021 CAPE Report Virginia Council for Private Education (VCPE)

POLITICAL LANDSCAPE Since the 2019 elections, Virginia has seen the results of a complete shift in power in our General Assembly, which has resulted in incredible amounts of legislation regarding divisive social issues, especially relating to criminal justice reform. The 2021 session of the General Assembly was one of the longest in history, beginning with a special session that ran from August 2020 through the end of the 2021 session, ending at the end of February 2021. This year, private schools came away from both the special session, as well as the regular session totally unscathed. In November 2021 Virginia will elect a new Governor, Lieutenant Governor and Attorney General. Additionally, all members of Virginia’s House of Delegates will be up for re-election. SCHOOL CHOICE Education Improvement Scholarships Tax Credit Program (EISTC) – CONTINUED to 2021 session

o This bill did not get resubmitted in the 2021 General Assembly session – thankfully. The possibility exists that the tax credit program does get wrapped up in a very large general tax overhaul, planned by Democratic finance committee leaders between now and the 2022 General Assembly session.

EARLY EDUCATION Legislation which passed in the 2019 GA session will be fully implemented on July 1, 2021, which directs the Board of Education to establish a statewide unified system for early childhood care and education. Additionally, this new statute transfers the main program components, the licensing, funding, and regulation of child day programs, currently under the Virginia Department of Social Services (VDSS), to the VDOE. Advisory Council to the Board of Education has been created to represent “licensed child-welfare agencies”. VCPE was successful in securing a codified seat on the Advisory Council outlined in the statute. I have been appointed by the Governor and the Virginia Board of Education to represent VCPE on the Early Childhood Advisory Council. COVID RELATED ISSUES School Reopening – Though we have experienced many ups and downs since August 2020, private schools in Virginia have been blessed with fairly significant autonomy to operate as they see fit and as their school community feels is best during this pandemic year. Other than adherence to CDC guidelines relating to spacing, cleaning and testing, Virginia’s Governor has provided schools operating in-person instructional programs exceptions to certain requirements in his pandemic executive orders. Overall, Virginia’s private schools feel extremely lucky to have the freedom they have been afforded during the 20-21 pandemic school year. As we move into the new school year, we see further indications from state government agencies of a return to closer to “normal”. Employment – The Commonwealth of Virginia was the first state in the nation to adopt new COVID-19 employee safety standards. These standards were first implemented as temporary labor standards via Executive Order due to the pandemic and have since been made permanent by the Virginia Department of Labor and Industry. These standards apply to private school employees.

Respectfully submitted, Grace T. Creasey, M.Ed. Executive Director

Washington State CAPE Report Spring 2021 Summary The Washington Federation of Independent Schools is the only statewide private school advocacy organization in Washington. There are about 500 private schools in WA; 250 are paying WFIS members. We work directly with school leaders and organizations. We connect school leaders across affiliate schools. We work with constituency leaders (ACSI, NWAIS, etc.) to keep them informed and motivated to help with advocacy. We invite them to state agency meetings while elevating together the good work of private schools. We work with the School Department Leads, like the Athletic Directors, when we need to advocate for specific issues. When possible, we work with the new ED of the Catholic Conference and lobby together. Our challenges include sustaining the current level of interest in WFIS elevated by COVID-19; keeping ahead of the uses of social media and other digital marketing platforms for our schools, continuously working to create a single voice for private schools, and staying as intensely connected while decreasing the number of hours the staff is currently working. There are many groups newly invested in private school advocacy due to COVID-19. Constituency Leaders have jumped in. Principles and Heads of Schools are reaching out to state agencies. Schools are working directly with county health officials. As the coordinator of this effort, the new challenge for WFIS is rounding up the good intentions so that there is a single voice for private schools. Legislative Session We had to kill two bills that we considered State overreach, both involving health and safety of facilities. We also took private schools out of a bill that would disallow the schools to withhold transcripts for parent debt. Although this practice is rarely used, the threat gives leverage to negotiations for payment plans. There are two comprehensive early learning bills that will change the industry in Washington. WFIS is supportive of the bills because they improve the lives of children and families, but cautious of how the changes will impact private schools. We currently have a school choice movement building with the help of a foundation determined to establish a program in Washington. Three school choice bills were written this year, none directly supported by the foundation, but they are an indicator of interest by legislators.

Photo by Ryan Wick

Under the Capitol Dome

2021 Spring Annual Update 2021 Spring Issue

WCRIS Battles for Equity in Pandemic Aid For WCRIS and our schools alike, the COVID-19 Pandemic has been the mother of all anomalies: a blur of impossible and potentially defining deci- sions, usually made in a hurry, with no practical frame of reference.

As WCRIS careened down the highway of this year white-knuckle driving on glare ice, we navi- gated many mile markers of great significance:

Victories for Our Schools

WCRIS petitioned Gov. Evers and State Superin- tendent Carolyn Stanford Taylor to distribute the Coronavirus Aid, Relief, and Economic Security (CARES) Act monies equitably to private schools in Wisconsin. This led the DPI to include private schools and staff in the comprehensive state-wide GEER programs it was underwriting, such as pro- fessional development on remote learning, school mental health efforts, and the like. Information on how to participate is at at www.wcris.org.

Making Inroads

WCRIS joined a national lawsuit over the funding formula for the Elementary and Secondary School Emergency Relief (ESSER) grants. It was led by the lawyers at the Wisconsin Institute for Law and Liberty (WILL).

While the courts ultimately did not rule in our favor, private schools’ national advocacy led to

wcris.org | 608.287.1224 | wcris.staff@wcris.org

Invite your legislator to visit your school like St. John’s Lutheran, Racine, which hosted Assembly Speaker Robin Voss just before the pandemic.

Congress creating more focused aid for nonpub- lic schools in its second school-related relief bill (Emergency Aid to Nonpublic Schools, called EANS), passed in December.

Meanwhile, Ombudsman Abbie Pavela worked with private schools and public school districts statewide to get the much-needed ESSER funds into our schools (see her update on page 2).

Working with the Governor

Before states could get EANS funds, their gov- ernors had to apply for it. So, WCRIS lobbied Governor Evers successfully to do just that. Now, we are working closely with DPI on the roll-out of Wisconsin’s $77.4 Million in EANS funds. See the WCRIS website for more details. Read our Current Events weekly e-letter for updates.

Story continues on page 2.

1 | 2020 Annual Update

Government Power to Close our Schools?

Another battle awaiting resolution is WCRIS’s law- suit against Public Health Madison Dane County, which ordered all school buildings closed in early Fall. With the help of WILL, we got an injunction against the order, allowing our Dane County schools to operate in-person. The State Supreme Court has yet to rule on the case, which will have ramifications statewide in the future because the case will resolve the question of whether county health departments have the statutory authority to issue such orders. Oral arguments were heard in December.

Hours of Instruction Waivers

Alongside the battles fought over school closures, there were successful battles waged to get the

Ombudsman Helps Clean Up the “ESSER Messer”

During the national turmoil over federal ESSER pandemic aid, WCRIS spent weeks behind the scenes working with the Department of Public Instruction (DPI) and the State Superintendent to reach a middle ground that would speed up the spending process and ensure at least a fair play- ing field for private schools.

A compromise was reached that required districts to calculate available ESSER funding based both on total and low-income enrollment and hold the difference in reserve until the national disputes played out. This safeguarded the extra funds so that if the courts ruled in favor of private schools, the money would still be available to share.

Meanwhile, Wisconsin Ombudsman, Abbie Pavela, was called on to mediate between private schools and districts in the distribution of the ESSER funding and in the equitable treatment of private schools during the planning and develop- ment of the ESSER programs.

legislature to: provide waivers for the hours of instruction requirements; waivers for some Choice program requirements; and, interventions on be- half of several schools to make sure they got their School Safety grants, despite Pandemic-induced interruptions in the grant process that pushed the clock to the deadline.

Your Invaluable Role

All of this advocacy would not be possible with- out your work every day, educating children in impossible situations with uncertain resources.

Know that you are not alone and WCRIS is dedi- cated to being your relentless advocate in Madi- son and D.C.

WCRIS is here to serve! Contact us at www.wcris. org or (608) 287-1224.

In one district, staff repeatedly refused to count all of the low-income students attending private schools located in the district and instead insisted on using the Title I counts for the current school year which, does not include students who live outside of the district. This shorted the private schools thousands of ESSER dollars. Through the Ombudsman’s efforts, the district was formally reprimanded by DPI and forced to recount private school students to include them in the calcula- tions, thus doubling and even tripling the avail- able funding for each school.

In another district, staff created road block af- ter road block, making it impossible for private schools to utilize the ESSER funding in any mean- ingful way. The Ombudsman worked over sev- eral months meeting with the district and DPI to change the district’s policies and create new ones that would actually support the implementation of the funding for the private schools to combat the stonewalling that had been occurring.

All told, the Ombudsman spoke to over 100 private school principals and worked with at least a quarter of the public school districts in the state to ensure that private schools were getting equi- table access to federal pandemic relief provided by Congress to every school child.

2 | 2021 Spring Annual Update

WCRIS Schools Make History Responding to the Pandemic with Resilience & Creativity

Private schools across Wisconsin have been rally- ing to the cause of in-person education and find- ing ways to safely continue live classes since the state’s Safer-at-Home order was lifted in Spring 2020.

As each of our 600 schools across the state worked to protect their staff and students, they created workarounds and established new norms for K-12 education in the 2020s. And parents were thrilled. Enrollment at many of our in-person schools increased, as parents clamored for in-per- son education.

WCRIS Principals testify before the Assembly Education Committee with WCRIS Executive Director Sharon Schmeling.

A Capitol Summons

In a special invitation-only Assembly Education Committee hearing (6/24), five WCRIS principals testified on the their response to COVID. Their stories were powerful, leaving legislators amazed at how our schools bravely forged the unknown, finding safe ways to hold in-person classes, while many public schools were virtual only.

Our stories were well told, thanks to principals: Brian Betts, Immanuel Lutheran, Wisconsin Rap- ids; Kim Desotels, Grace Catholic, Green Bay; Dr. Kenneth Fisher, Wisconsin Lutheran High School, Milwaukee; Nicole Schmidt, Lumen Lutheran Mil- waukee & Racine; and Mary Jo Vitale, Our Lady Queen of Peace Catholic, Madison.

WCRIS Handbooks Provide Help with SNSP and Choice Programs

WCRIS has relased updated editions of its Choice Handbook, and created a whole new handbook for the SNSP program.

The SNSP Handbook outlines — all in one place — the necessary requirements and considerations that schools will need to understand prior to join- ing the programs. They cover many relevant and mandatory state rules, which are hard to find or buried deep in the DPI website.

Members can get these handbooks for $50 a book. Additional copies of the WCRIS 2020-21 Legal Handbook, are also available.

You can oder more by downloading a form at www.wcris.org/WCRIS-Pubs-Order-Form-2021.pdf and mail it with a check to WCRIS.

Gov.’s Proposed Budget All Bark, No Bite The Governor’s proposed $91 billion 2021-23 budget is filled with promises from the campaign trail, but the legislature says its dead on arrival.

The budget calls for restriction on the Choice programs including enrollment freezes. It also puts limitations on the widely-used K-12 Tuition Tax Deduction, which WCRIS was instrumental in creating back in 2013.

The State’s Republican leadership says the bud- get is “worse” than the Governor’s 2019-2021 budget. They have vowed to start from scratch, creating their own version.

The budget must be passed by June 30. But, it could drag out if the two sides can’t agree on a compromise. Spending will continue at current levels in the meantime. There is no government shutdown.

Stay tuned to our weekly Current Events for the latest on the State Budget.

3 | 2021 Spring Annual Update

110 East Main St.

Suite 802 Madison WI, 53703

WCRIS Members: Association of Christian Schools International (ACSI)

Associate Members* Catholic Archdiocese of Milwaukee Christian Schools International (CSI)

Catholic Diocese of La Crosse Catholic Diocese of Green Bay Catholic Diocese of Superior Catholic Diocese of Madison

Lutheran Church Missouri Synod (LCMS): Wisconsin Conference of Seventh Day Adventists Schools (WCSDA)

Wisconsin Association of Independent Schools Wisconsin Evangelical Lutheran Synod Schools (WELS):

*Associate Members are schools that do not belong to a jurisdiction, diocese, or governing organization.

Question, comments concerns - feel free to contact us at: wcris.org | wcris.staff@wcris.org | (608) 287-1224

4 | 2021 Spring Annual Update