DPI Holding Tele-hearing on Proposal to Expand State Aid for Virtual Summer School Classes

The Department of Public Instruction is holding a public hearing on April 23 at 10 a.m. on their proposal to expand the grade levels in which school districts may receive state aid in providing virtual instruction during summer and interim session courses. Currently, schools can receive aid for virtual summer school programs taught to high schools students and students in grades 7 and 8. DPI is proposing to expand this to all grade levels. 

DPI says the rule change is needed to "ensure that schools may be able to use summer and interim sessions to provide virtual instruction as a means of making up instruction that was lost due to the emergency declaration."

WHAT: Public hearing on statements of scope for administrative rules
WHEN: Thursday, April 23, 2020 from 10-11 a.m.
WHERE: Conference call only
Phone number: 608-620-9781
Conference ID: 220 029 048#

Individuals who are unable to attend the hearing but would like to submit written comments may do so via the Department’s form for submitting comment at https://forms.gle/TaLfbuWCFJcLqcYf8.

BCPL Releasing an Additional $5.25 million in CSF Funds

Additions and Extensions to the Common School Fund (CSF) 

as a Result of COVID-19

WEMTA has been communicating with the State Treasurer, the Board of Commissioners of
Public Lands (BCPL) and the Department of Public Instruction (DPI) about guidance and
temporary changes to the Common School Fund (CSF) that ensure school libraries
have additional resources to respond to COVID-19. 

We have worked directly with DPI to develop the following resource for school libraries to use
during this unprecedented time. DPI has also created a page on their website that provides
information related to COVID-19 that is specific to school libraries:
https://dpi.wi.gov/school-libraries/coronavirus

Common School Fund Supplemental Distribution: BCPL Commissioners voted unanimously
on April 7 to approve a $5.25 million supplemental distribution from the CSF in order to help
school libraries purchase necessary resources to support virtual instruction.This one-time
disbursement is funded by the smoothing account that was created by the BCPL and will not
have a negative impact on the CSF. The supplemental distribution of $5.25 million is being made
in addition to this year’s record $38.2 million distribution, bringing the total CSF distribution for
2019-20 to $43.45 million. BCPL has sent the funds to DPI and they plan to
distribute dollars to school districts on April 27, 2020.

Carryover of Unused 2019-20 CSF Dollars: DPI has advised that if districts are unable to
spend their 2019-20 Common School Fund allocation in full, the unspent portion should be
coded as restricted fund balance (10 B 936130) and spent in 2020-21. These changes should
be noted in the district's long-range library plan.

Using CSF Funds to Purchase eBooks, high-quality online resources to support inquiry
and research, and devices to increase access to digital learning: DPI wants to ensure that
school libraries are aware that CSF dollars can be used to purchase the following items that
may help support online learning: 

• Joining the Wisconsin Schools Digital Library Consortium and/or addition to their collection of eBooks and audiobooks 
• Internet access devices (data cannot be purchased using the CSF) 
• eBooks and audiobooks
• Digital content to support literacy, research, and inquiry through library programming 

Wisconsin Legislature Voting on State COVID-19 Package This Week

Wisconsin legislative leaders released their draft COVID-19 relief bill on Monday. The State Assembly will meet on Tuesday to pass the bill and the State Senate plans to meet on Wednesday. 

While the proposal does not include a provision allowing the Joint Finance Committee to cut state funding without the Governor's approval, it does include language allowing the Committee to transfer up to $75 million between sum sufficient appropriation accounts.

The following are items of interest to WEMTA included in the bill:

Board of Commissioners of Public Lands

BCPL Loans for Utilities: Authorizes the BCPL to loan money from the School Trust Funds to municipal utilities to ensure that municipal utilities are able to maintain liquidity during the COVID-19 public health emergency. A municipal utility is a public utility that is a city, village, or town, or that is wholly owned or operated by a city, village, or town. Interest from BCPL loans go into the Common School Fund.

Legislature and General Government

Joint Finance Committee Fund Transfers: Authorizes the Joint Finance Committee to transfer up to $75 million total between sum sufficient appropriations during the COVID-19 public health emergency and for 90 days following the emergency. 

Suspension of deadlines and training requirements: Authorizes state agencies, authorities, local governments, the legislature, and the courts to suspend, during the COVID-19 public health emergency, any deadlines and training requirements that they administer or enforce.

Education 

Reports on Virtual Instruction and School Operations: Requires each Wisconsin school board to submit a report to DPI by November 1, 2020 on the implementation of virtual instruction, which includes:

• Whether or not virtual instruction was implemented as a result of the public health emergency
• The process for implementing the virtual instruction
• For each grade level, the average percentage of the 2019-20 school year curriculum provided to pupils, including curriculum provided in-person and virtually
• Whether anything was provided to pupils during the 2020 summer to help pupils learn content that pupils missed because of the public health emergency
• Recommendations for best practices for transitioning to and providing virtual instruction when schools are closed
• Any challenges or barriers the school board faced related to implementing virtual instruction during the public health emergency

Schools are also required to report on the number of staff who were laid off, the number of lunches provided, and the amount of certain expenditure reductions. 

Best Practice for Returning to In-person Instruction: Requires DPI to post guidance on their website by June 30, 2020 on best practices for returning to in-person instruction. 

Statewide Student Assessments: Exempts schools from administering the Wisconsin Student Assessment System exams and the third grade reading test during the 2019-20 school year. 

Educator Effectiveness Evaluations: Prohibits schools from considering pupil performance on statewide assessments in evaluating teachers and principals in the 2019-20 school year.

School and School District Accountability Report: Prohibits DPI from publishing a school and school district accountability report in the 2020-21 school year.

Open Enrollment Deadlines: Extends the deadlines for the open enrollment program by 30 days. For example, it extends the deadline for students to apply to attend a non-resident school district through the Open Enrollment program to May 29, 2020. 

Waiver of Laws and Rules Related to the School Choice Program: Allows DPI to waive state education statutes, or rules promulgated under those statutes, related to the school choice program, the Special Needs Scholarship Program or charter schools. It also provides the following exemptions:

• Creates a process for private schools to submit a request to DPI to waive any requirement related to hours of instruction.
• Extends the application deadline for students to apply to attend a school choice school through May 14, 2020. Extends the deadline for private schools to submit information to DPI about the number of applications they receive from the school choice program to May 29, 2020. 
• Prohibits DPI from withholding program payments or baring a private school from the choice program or Special Needs Scholarship Program if the private school demonstrates to DPI that the failure to comply with certain program requirements was due to the COVID-19 school closure.
• Exempts private school participating in the choice program from the requirement to maintain a cash and investment balance that is at least equal to its reserve balance. 

Wisconsin Retirement System and Public Employee Benefits 

Rehired Annuitants in Critical Positions: Specifies that a Wisconsin Retirement System (WRS) participant who is hired by a participating employer during the COVID-19 public health emergency may elect to not suspend his or her annuity for the duration of the public health emergency if: (a) at the time of terminating employment, the participant does not have an agreement with any participating employer to return to employment or enter into a contract to provide employee services; and (b) the position for which the annuitant is hired is a critical position. Further, specify that the current break-in-service requirement of 75 days would not apply to a participant who is hired for a critical position during the public health emergency if at least 15 days have elapsed between the termination of employment and becoming a participating employee. Require the head of each state agency and each local health department, based on guidance provided by the Secretary of the Department of Health Services, to determine which positions within the respective state agency or local government are critical, for the purposes of administering the provisions applicable to rehired annuitants. 

Leaves of Absence and Health Insurance: For the purposes of group health insurance coverage offered by the Group Insurance Board, an employee who returns from a leave of absence and who has not resumed active duty for at least 30 consecutive calendar days during the COVID-19 public health emergency is deemed to have ended or interrupted the leave of absence on March 12, 2020. 

Government Operations

Waiving In-person Appearance Requirement: Allows a state entity to waive any requirement that an individual appear in person during the COVID-19 public health emergency. 

Insurance

Coverage of COVID-19 Testing without Cost-Sharing: Requires health plans to cover COVID-19 testing without imposing any copayment or coinsurance by March 13, 2021.

Insurance Discrimination: Prohibits insurers from implementing special rules, cancelling coverage, setting rates based on a current or past diagnosis of COVID-19. 

Prohibits Prior Authorization for Prescription Refills: Prohibits insurers or pharmacy benefit managers from requiring prior authorization for early prescription drug refills or imposing limits on the quantity of prescription drugs that may be obtained if the quantity is no more than a 90-day supply and the drug is not a controlled substance. 

Unemployment Insurance 

Waiver of One-week Waiting Period: Temporarily suspends the one-week waiting period for Unemployment Benefits from March 12, 2020 to February 7, 2021. 

Taxes

Student Loan Payments Made by Employers: Provides an exclusion from income for certain student loan principal and interest payments made by an employer on behalf of an employee, subject to the same current law cap of $5,250 in payments for qualified educational expenses made on behalf of an employee by an employer. This provision applies to payments made from March 28, 2020, through December 31, 2020.

Supreme Court Rules Wisconsin Absentee Ballots Must be Postmarked by April 7

The U.S. Supreme Court ruled 5-4 on Monday evening that absentee ballots must be postmarked by tomorrow, April 7 (Election Day) in order to be counted. 

Please make sure you get your absentee ballot postmarked tomorrow. Once postmarked, your ballot has until April 13 to arrive at the clerk's office. 

As we updated you earlier, the Wisconsin Supreme Court ruled Monday afternoon that in-person voting will take place tomorrow, April 7. So if you have not received an absentee ballot, you can vote at the polls tomorrow. Polls are open from 7 a.m. to 8 p.m. 

Please visit the Wisconsin Elections Commission for the most up-to-date information about tomorrow's Election: https://elections.wi.gov/

Federal Judge Extends Absentee Ballot Deadlines

Federal Judge Rules on Wisconsin Election Lawsuits; Extends Absentee Ballot Deadlines

A federal judge issued a ruling Thursday on several lawsuits related to Wisconsin’s April 7 Election.
The judge said he could not postpone the election but issued the following orders.
As a result of his decision to extend the absentee voting deadline, he clarified on Friday that election
results cannot be released until April 13.

• Extended the deadline that absentee ballots must be received to 4 p.m. on April 13. 
• Extended the deadline for voters to request an absentee ballot to April 3.

PLEASE NOTE: this rule is being appealed.

$2 Trillion Stimulus Bill Includes Investments in K-12 Education

President Trump signed the $2 trillion COVID-19 stimulus package into law on Friday, March 27. We are still analyzing the 880-page bill but have compiled some highlights that may be of interest to you. 

In addition to providing targeted funding to businesses and governmental programs, the package provides direct funding to States and some local governments. 

According to analysis done by the nonpartisan Legislative Fiscal Bureau, Wisconsin will receive approximately $2.2 billion from the Coronavirus Relief Fund created by the Act. About $1.8 billion would go to the state government while the remaining funds would go to the City of Milwaukee, Milwaukee County and Dane County. 

Broadband and Distance Learning

Rural Utilities Service--Distance Learning, Telemedicine and Broadband Program: Provides $25 million for telemedicine and distance learning services in rural areas. 

Reconnect Pilot: Provides $100 million for grants for the costs of construction, improvement, or acquisition of facilities and equipment needed to provide broadband service in eligible rural areas.

Public Broadcasting: Provides $75 million to the Corporation for Public Broadcasting to provide stabilization grants to public telecommunications entities to maintain programming and services and preserve small and rural stations. 

Institute for Museum and Library Services: Provides $50 million to the Institute of Museum and Library Services for grants to States, territories and tribes to expand digital network access, purchase internet accessible devices, and provide technical support services.

Federal Communications Commission Telehealth: Provides $200 million to the FCC to respond to COVID-19. This includes supporting health care providers by providing telecommunications services, information services, and devices necessary to enable the provision of telehealth services. 

General Education 

Education Stabilization Fund: Provides $30.7 billion to the Education Stabilization Fund. This includes:

•  Elementary and Secondary Education: $13.5 billion in formula funding directly to states, to help schools respond to coronavirus and related school closures, meet the immediate needs of students and teachers, improve the use of education technology, purchase educational technology (including hardware, software, and connectivity), support distance education,and make up for lost learning time. It is estimated that Wisconsin will receive about $174 million from this funding source.

• State Flexibility Funding: $3 billion in flexible formula funding to be allocated by states based on the needs of their elementary and secondary schools and their institutions of higher education. It is estimated that Wisconsin will receive about $46 million ffrom this funding source.

National Emergency Educational Waivers. Provide the Secretary of Education with waiver authority to provide waivers (upon the request of a State educational agency or Indian tribe) from the Elementary and Secondary Education Act, except civil rights laws, that are necessary and appropriate due to the COVID-19 declaration of disaster. Requires the Secretary to create  an expedited application process to request a waiver. Waivers will only be valid during the 2019-20 school year. 

Report on IDEA Waivers: Within 30 days of the Act being signed into law, the Secretary of Education is required to the relevant Congressional committees with recommendations on any additional waivers under the Individuals with Disabilities Education Act (20 U.S.C. 1401 et seq.), the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), the Elementary and Secondary Education Act of 1965, and the Carl D. Perkins Career and Technical Education Act of 2006 (20 3 U.S.C. 2301 et seq.) the Secretary believes are necessary to be enacted into law to provide limited flexibility to States and local educational agencies to meet the needs of students during the COVID-19 emergency. 

Service Obligation to Teachers. For teachers who could not finish their year of teaching service as a result of COVID-19, their partial year of service shall be counted as a full year of service toward TEACH grant obligations or Teacher Loan Forgiveness. Waives a requirement that teachers must serve consecutive years of teaching service for Teacher Loan Forgiveness eligibility, if a teacher’s service is not consecutive as a result of COVID-19.

Higher Education and Student Loans 

Temporary Relief for Federal Student Loan Borrowers: Requires the Secretary to defer student loan payments, principal, and interest for 6 months, through September 30, 2020, without penalty to the borrower for all federally owned loans.

Use of Supplemental Educational Opportunity Grants for Emergency Aid. Allows higher education institutions to award additional SEOG funds to assist undergraduate or graduate students with unexpected expenses and unmet financial need as the result of COVID-19. 

Federal work-study payments. Allows higher education institutions to issue work-study payments to students who are unable to work due to work-place closures as a lump sum or in payments similar to paychecks.

Adjustments of Subsidized Loan Limits. For students who dropped out of school as a result of COVID -19 excludes the term from counting toward lifetime subsidized loan eligibility. 

Exclusion from Federal Pell Grant Duration Limit. For students who dropped out of school as a result of COVID -19 excludes the term from counting toward lifetime Pell eligibility.

Institutional Refund and Federal Student Loan Flexibility. For students who dropped out of school as a result of COVID -19, the student is not required to return Pell grants or federal student loans to the Secretary. Waives the requirement that institutions calculate the amount of grant or loan assistance that the institution must return to the Secretary in the case of students who dropped out of school as a result of COVID-19

Exclusion for certain employer payments of student loans: Allows employers to provide a student loan repayment benefit to employees on a tax-free basis. Under the provision, an employer may contribute up to $5,250 annually toward an employee’s student loans, and such payment would be excluded from the employee’s income. The $5,250 cap applies to both the new student loan repayment benefit as well as other educational assistance (e.g., tuition, fees, books) provided by the employer under current law. The provision applies to any student loan payments made by an employer on behalf of an employee after date of enactment and before January 1, 2021.

Economic Relief 

Recovery Rebates for Americans: Provides a one-time payment of $1,200 to individuals with incomes below $75,000 or a one-time payment of  $2,400 for joint filers with incomes below $150,000. Payments are increased by $500 per child. The bill requires the one-time payments to be made as soon as possible. 

Treasury Loans to Businesses, States and Local Government: Provides $500 billion to the Treasury Secretary for loans, loan guarantees, direct lending or investments in airlines, businesses and nonprofits with between 500 and 10,000 employees, states and municipalities who have incurred losses due to COVID-19. Businesses and non-profits would need to use the funds to maintain 90% of their employees at full compensation and benefits through September 30, 2020. The Secretary’s ability to make loans under this program ends on December 31, 2020. The Secretary is required to publish guidance within 10 days of enactment (April 6). The funding pool breaks down as follows:

• $454 billion for loans and investments in businesses, states and municipalities 
• $25 billion for airlines
• $4 billion for air cargo carriers
• $17 billion for businesses critical to maintaining national security 

Relief Payments to States, Tribal Governments and Local Units of Government: Provides $150 billion in direct payments to states, tribal governments and local units of government with. To qualify, local governments must have populations of more than 500,000 people. Payments are required to be used to cover expenditures related to COVID-19 that occur between March 1, 2020 and December 30, 2020. Expenditures must not have been accounted for in the state or local government’s most recent budget. The bill requires the Treasury Secretary  to make these payments within 30 days of enactment. 

Loans for Small Businesses, Non-profits, Contractors and Self-Employed Individuals. Allows nonprofits and other businesses with less than 500 employees to get loans from the Small Business Administration if they were adversely impacted by COVID-19. Loans can be used to cover payroll costs, health care benefits, mortgage or rent payments, utilities or interest on debt. Borrowers will be eligible for loan forgiveness if they maintain employees and their salaries. The eligibility period runs from February 15, 2020 to June 30, 2020. Maximum loan amounts will be determined using the organization's average monthly payroll amounts over a one year period. The bill appropriates $349 billion for this loan program. 

Employee retention credit for employers subject to closure due to COVID-19. Provides a refundable payroll tax credit for 50% of wages paid by employers to employees during the COVID-19 crisis. The credit is available to employers whose (1) operations were fully or partially suspended, due to a COVID-19-related shutdown order, or (2) gross receipts declined by more than 50 percent when compared to the same quarter in the prior year.

Small Business Administration Disaster Loans: Provides $562 million to the Disaster Loan Program. 

Unemployment Insurance 

Unemployment Benefits for Individuals Typically Not Covered: Extends eligibility for unemployment benefits to individuals who are typically not covered, including those who are self-employed, or who have exhausted their rights to regular unemployment if they are directly impacted by COVID-19. Individuals in this category would be eligible for benefits from January 27, 2020 and December 31, 2020. The unemployment amount will be based on the compensation amount for the state the individual was employed as well as the Federal Pandemic Compensation amount of $600. 

Increased Unemployment Compensation and Benefits: Requires States to provide their regular weekly unemployment amount plus a payment of  $600 per week. The enhanced funding would end on July 31, 2020. The enhanced compensation will not impact an individual’s ability to apply for Medicaid.  The bill also provides an additional 13 weeks of unemployment benefits through December 31, 2020. 

Voting 

Election Security Grants: Provides an additional  $400 million to the Election Security Grant program for the 2020 federal election cycle. The bill requires the Election Assistance Commission to make payments to states within 30 days after enactment, which is approximately April 26.