|CARES Act Requires DeVos to Report to Congress the Flex Needed Under IDEA|
|from COPAA Weekly|
| Last Friday the President signed the CARES Act into law. The bill includes $2.2 trillion in relief to states due to the coronavirus. This is the third bill providing emergency response funding for states and is the largest to date. The CARES Act includes funding for the health care sector, for certain business industries, help for small business and non-profit organizations, unemployment protections and individual checks to every eligible household. |
Specific to children and families, the bill includes over $30 billion in supplemental fiscal year 2020 funding for the Department of Education which will flow to states under Title I of the Elementary and Secondary Education Act (ESEA). It also provides funding for certain education programs such as the Child Care and Development Block Grant and Head Start. Regarding special education, COPAA along with other advocates successfully fought to keep a provision out of the bill which would have granted the Secretary of Education the authority to waive key tenets of the Individuals with Disabilities Education Act (IDEA).
However, Congress did include an expansion of the Secretary’s authority to waive [certain] provisions under the ESEA and the Higher Education Act (HEA) as well as Maintenance of Efforts requirements for states under the ESEA. The Secretary cannot, however, waive any civil rights protections under the ESEA or HEA. Additionally, Congress has requested the Secretary of Education to develop a report within 30 days to outline where ‘limited flexibility’ may be needed under the IDEA, the Rehabilitation Act of 1973, the ESEA and the Carl D. Perkins Act.
COPAA continues to oppose any waivers to IDEA provisions or requirements.
Visit our New COPAA COVID-19 webpage for an Action Alert, COPAA COVID-19 FAQ and a memo on the CARES Act.
Read the entire CARES Act.
The U.S. Department of Education has released the 41st Annual Report on the Implementation of the Individuals with Disabilities Education Act.