DPI Releases Plan to Distribute $686 million in Federal COVID Education Relief Funds

The Department of Public Instruction has submitted a plan to the Joint Finance Committee outlining how the recent $686 million in federal COVID education relief funds received by Wisconsin will be distributed. 

As required by federal law, 90% ($617.4 million) of the funds must be allocated directly to school using the existing federal allocation formula. DPI has discretion over the use of 10% ($68.6 million) of the funds, which can be used for statewide activities. 

DPI plans to forgo using their share of the funds for statewide activities and will instead distribute the remaining $68.6 million to schools in an effort to supplement the federal pass-through. Specifically, DPI plans to allocate their funds in a way that will ensure that: 

1. All schools receive a minimum award of $100,000, and

2. All schools receive an allocation that amounts to $395 per pupil 

Schools can use these federal relief funds for a host of activities related to responding to COVID-19. Allowable uses include addressing learning loss; planning for, coordinating and implementing activities during long-term closures, which includes providing technology for online learning to students; and purchasing educational technology, which includes hardware, software and connectivity. 

You can see the projected allocation amounts for each school district here. 

DPI will maintain $1.2 million for administrative expenses. 

State Senate Votes to Terminate Mask Mandate; State Assembly Amends COVID-19 Bill

Both the State Assembly and State senate were in session on Tuesday. Here is a breakdown of the action. 

State Senate Votes in Favor of Ending COVID-19 Public Health Emergency, Mask Mandate 

The State Senate voted 18-13 to pass Senate Joint Resolution 3, which terminates Governor Evers' latest order declaring a public health emergency in Wisconsin related to COVID-19. Ending the health emergency has the effect of ending the statewide face mask requirement. 

The State Assembly plans to vote on SJR 3 on Thursday, January 28.  Since this is a joint resolution, it does not need to be signed by the Governor. 

State Assembly Tweaks COVID-19 Bill, Sending it Back to the Senate 

The State Assembly adopted several amendments to the COVID-19 proposal that was passed by the state Senate on January 12 and supported by Governor Evers. The State Senate must now vote on the amended version of the bill passed by the Assembly before it can make it to Governor Evers' desk. 

The State Assembly voted 58-34 to pass the bill with the following additions:

• requires the Governor to submit any plans for the use of federal COVID-19 relief funds to the Joint Finance Committee  

• bans employers from requiring their employees to receive the COVID-19 vaccination 

• bans the state and local health departments from requiring residents to receive the COVID-19 vaccination 

• allows virtual charter school students to play sports for their resident school district  

• allows individuals to serve as short-term substitutes without a license or permit so long as they pass a background check and submit an application to DPI

• Prohibits a student's resident school district from blocking their open enrollment application if they are using the alternative application process during the 2020-21 and 2021-22 school years

• Allows a student to apply to an unlimited number of nonresident school districts under the open enrollment program in the 2020-21 and 2021-22 school years

Items of interest in the bill that were unchanged by the Assembly include:

General COVID-19 Response

Coverage of COVID-19 Testing and Vaccination without Cost-Sharing: Requires health plans to cover COVID-19 testing and vaccinations without cost-sharing until June 30, 2021. 

State Funding:  Authorizes the Legislature’s Joint Finance Committee to transfer up to $100 million between state appropriation accounts. 

Prescription Extension: Allows a pharmacist to refill a prescription for a 30-day supply without contacting the prescribing physician through June 30, 2021. 

Other Prescription Drug Protections: Prohibits insurers through June 30, 2021 from requiring prior authorization for early refills or placing other restrictions on refills, such as limiting refill supplies to less than 90-days. 

Nursing Home and Assisted Living Visitors: Allows a nursing home or assisted living resident, their guardian or health care agent to designate an essential visitor to visit and provide support to the resident in compassionate care situations. The resident's guardian or health care agent under a power of attorney is also considered an essential visitor.  A nursing home or assisted living facility may refuse to allow access for visitation to any essential visitor who refuses to comply with public health policies of the nursing home or assisted living facility

Employers

Civil Liability: Creates a civil liability exemption for entities such as businesses, nonprofits, associations, schools, tribes, governmental entities and others related to COVID-19 exposure, death or damages. The exemption also covers employees, independent contractors or volunteers of an entity. The Senate ultimately removed language that would have allowed businesses to be exempt even if they ignored government guidance related to closures or capacity limits. 

Education 

College Credit for Helping with COVID-19 Response: Requires the UW System and technical colleges to offer students an opportunity to satisfy course requirements using time spent volunteering or working to assist Wisconsin in responding to COVID-19. 

Reports on Virtual Instruction: Requires school boards to submit reports on virtual learning to the Department of Public Instruction following each semester in the 2020-21 and 2021-22 school years. One of the required elements of the report is a description of any challenges or barriers the school board faced related to implementing virtual instruction. DPI must then compile this information into a report for the Legislature. 

BCPL Loans: Allows the Board of Commissioners of Public Lands to loan money to cities, villages, and towns to ensure that a municipal utility under the control of the city, village, or town is able to maintain liquidity. This authorization would end on April 15, 2021. 

Rehiring WRS Retirees: Allows a Wisconsin Retirement System Retiree to return to work without suspending their annuity if they return to work in a critical position during the COVID-19 pandemic. Retirees must wait at least 15 days after leaving their job before they return to work at a WRS-covered position. 

Waiver of Rules for the School Choice Program: Extends DPI’s authority to waive certain rules related to the school choice or special needs scholarship programs through October 31, 2021. DPI's waiver authority does not apply to requirements to administer pupil assessments.

Unemployment Insurance

UI Backlog: Requires the Department of Workforce Development to publish a plan on addressing the unemployment insurance claims backlog within 30 days of the bill becoming law. 

UI Call Centers: Requires the Department of Workforce Development to extend unemployment insurance call center hours to 12 hours per day, 7 days per week. 

UI Waiting Period: Extends the waiver of the state’s one week waiting period for unemployment insurance to March 14, 2021. 

Extended Benefit Periods: Allows the Secretary of the Department of Workforce Development to waive certain current law restrictions related to extended unemployment benefit timeframes. 

State Senate Passes Amended COVID-19 Relief Bill

The full State Senate voted by a voice vote earlier today to pass an amended version of COVID-19 legislation adopted by the State Assembly last week. Governor Evers issued a statement after the vote saying that he supports the bill as amended by the Senate and will sign it if it makes it to his desk. Before that can happen, the State Assembly will need to vote to concur in the Senate’s amended version of the bill. 

The Senate Committee on Organization adopted an amendment to the bill on Monday that removed several controversial items from Assembly Bill 1 as originally drafted. The amendment removed language placing restrictions of local public health departments' ability to close businesses and language that would have banned employers from requiring their employees to receive COVID-19 vaccines. It also removed language that would have required schools to receive approval from their school board before moving to virtual instruction. Shortly before voting, the full Senate further amended their version of the bill to:

• Allow hospitals to receive Medicaid reimbursement for some hospital services provided in home settings until January 1, 2022. 

• Require the Department of Health Services to provide the state’s contracted aggregator with Medicaid fee-for-service and managed care claims data. The health care aggregator must de-identify the data and make it public.

• Allow the Secretary of the Department of Workforce Development to waive certain current law restrictions related to extended unemployment benefit timeframes. 

• Exempt administration of a COVID-19 vaccine from the surprise billing provisions that cap physician reimbursement for out-of-network services related to COVID-19 at 225% of the Medicare rate.

• Remove language that would have allowed businesses to receive a civil liability exemption for the purposes of COVID-19 lawsuits even if they failed to comply with government regulations related to business closures or capacity limits. Businesses will still have immunity under the bill just not for situations that were reckless or misconduct.  

• Tweak liability exemptions for health care providers during COVID-19. 

Highlights of the bill as passed by the Senate include: 

General COVID-19 Response

Coverage of COVID-19 Testing and Vaccination without Cost-Sharing: Requires health plans to cover COVID-19 testing and vaccinations without cost-sharing until June 30, 2021. 

State Funding:  Authorizes the Legislature’s Joint Finance Committee to transfer up to $100 million between state appropriation accounts. 

Prescription Extension: Allows a pharmacist to refill a prescription for a 30-day supply without contacting the prescribing physician through June 30, 2021. 

Other Prescription Drug Protections: Prohibits insurers through June 30, 2021 from requiring prior authorization for early refills or placing other restrictions on refills, such as limiting refill supplies to less than 90-days. 

Nursing Home and Assisted Living Visitors: Allows a nursing home or assisted living resident, their guardian or health care agent to designate an essential visitor to visit and provide support to the resident in compassionate care situations. The resident's guardian or health care agent under a power of attorney is also considered an essential visitor.  A nursing home or assisted living facility may refuse to allow access for visitation to any essential visitor who refuses to comply with public health policies of the nursing home or assisted living facility

Employers

Civil Liability: Creates a civil liability exemption for entities such as businesses, nonprofits, associations, schools, tribes, governmental entities and others related to COVID-19 exposure, death or damages. The exemption also covers employees, independent contractors or volunteers of an entity. The Senate ultimately removed language that would have allowed businesses to be exempt even if they ignored government guidance related to closures or capacity limits. 

Education 

College Credit for Helping with COVID-19 Response: Requires the UW System and technical colleges to offer students an opportunity to satisfy course requirements using time spent volunteering or working to assist Wisconsin in responding to COVID-19. 

Reports on Virtual Instruction: Requires school boards to submit reports on virtual learning to the Department of Public Instruction following each semester in the 2020-21 and 2021-22 school years. One of the required elements of the report is a description of any challenges or barriers the school board faced related to implementing virtual instruction. DPI must then compile this information into a report for the Legislature. 

BCPL Loans: Allows the Board of Commissioners of Public Lands to loan money to cities, villages, and towns to ensure that a municipal utility under the control of the city, village, or town is able to maintain liquidity. This authorization would end on April 15, 2021. 

Rehiring WRS Retirees: Allows a Wisconsin Retirement System Retiree to return to work without suspending their annuity if they return to work in a critical position during the COVID-19 pandemic. Retirees must wait at least 15 days after leaving their job before they return to work at a WRS-covered position. 

Waiver of Rules for the School Choice Program: Extends DPI’s authority to waive certain rules related to the school choice or special needs scholarship programs through October 31, 2021. DPI's waiver authority does not apply to requirements to administer pupil assessments.

Unemployment Insurance

UI Backlog: Requires the Department of Workforce Development to publish a plan on addressing the unemployment insurance claims backlog within 30 days of the bill becoming law. 

UI Call Centers: Requires the Department of Workforce Development to extend unemployment insurance call center hours to 12 hours per day, 7 days per week. 

UI Waiting Period: Extends the waiver of the state’s one week waiting period for unemployment insurance to March 14, 2021. 

Extended Benefit Periods: Allows the Secretary of the Department of Workforce Development to waive certain current law restrictions related to extended unemployment benefit timeframes. 

State Assembly Passes COVID-19 Relief Bill with Uncertain Future

The Wisconsin State Assembly voted 56-34 on Thursday afternoon to pass Assembly Speaker Vos's COVID-19 relief bill, Assembly Bill 1.

An amendment was adopted to the bill prior to the vote. It added language to the bill allowing individuals to serve as short-term substitute teachers without a license as long as they submit an application to DPI and pass a background check. In addition, it allows schools to close for in-person instruction for up to 14 days before requiring school board approval. The original version of the bill would not have allowed schools to close for in-person instruction without first receiving approval from the school board.

The bill faces an uncertain future after Senate Republican leaders came out against it early on Thursday. Governor Evers has also indicated that he may veto it if it reaches his desk.

Education 

BCPL Loans:  Temporarily authorizes the Board of Commissioners of Public Lands (BCPL) to loan money to cities, villages, and towns to ensure that a municipal utility under the control of the city, village, or town is able to maintain liquidity. This authority would expire on April 15, 2021. 

Rehiring WRS Retirees: Allows a WRS retiree to return to work at a critical position during the COVID-19 national emergency without suspending their annuity. It also reduces the break in service requirement from 75-days to 15-days.  This would apply for either the duration of the national emergency or for 60 days following the enactment of this bill, whichever is earlier.  

School Board Approval for Virtual Instruction: Prohibits schools from closing a school building or grade level to in-person instruction for more than 14 days. School boards could extend the closure by a two-thirds majority vote. Each extension could be for no more than 14 days. These provisions would not apply after June 30, 2022. 

Short-term Substitute Teacher License:Allows an individual to teach as a short-term substitute without a license or permit if: they have submitted an application for a license to DPI but have not heard back yet and DPI completes a background check on the individual and finds that they are not ineligible for a license. The bill requires DPI to conduct a background check on applicants as soon as possible. These provisions would apply until June 30,2022.

Reports on Virtual Instruction: Requires school boards to submit reports to the Department of Public Instruction on virtual learning 30 days after the end of each semester in the 2020-21 and 2021-22 school years.  One of the items required to be included in the report is a description of  “any challenges or barriers the school board faced related to implementing virtual instruction during the semester.” DPI is then required to compile the information received by schools boards and submit a report to the Legislature. 

General COVID-19 Response 

Transfer of State Funds:  Allows the Joint Finance Committee to transfer up to $100 million between state appropriations accounts until June 30, 2021. 

Legislative Approval of Federal Funds: Requires the Governor to submit a 14-day passive review request to the Joint Finance Committee before spending any federal COVID-19 funds. 

Coverage of COVID-19 Testing and Vaccination Without Co-Pay: Prohibits health plans from charging co-pays for COVID-19 testing and vaccination through June 30, 2021. 

Local Health Orders:  Limits a local health officer’s ability to enforce an order related to COVID-19 that closes or restricts capacity of businesses to a maximum of 2 business days. The local governing body could approve extensions of the order with a two-thirds majority vote for up to 14 days at a time.  

Prohibiting Mandatory Vaccination of COVID-19: Prohibits the Department of Health Services and local health officers from requiring individuals to receive a COVID-19 vaccine.

Allowing Dentists to Provide Flu Shots and COVID-19 Vaccines: Allows dentists who complete 12 hours of training to administer COVID-19 and flu vaccines without a prescription order.  

Nursing Home and Assisted Living Visitors:  Allows a nursing home or assisted living facility resident, their guardian or health care agent to designate essential visitors who would be allowed to visit the resident in compassionate care situations so long as they agree to follow public health guidelines. 

Prescription Order Extensions: Allows pharmacists to extend a prescription for up to a 30 day supply without contacting the prescribing physician through June 30, 2021. 

Other Prescription Drug Measures: Prohibits health plans or pharmacy benefit managers from requiring prior authorization for early prescription drug refills or otherwise restricting the period in which a prescription drug may be refilled and from imposing a limit on the quantity of prescription drugs that may be obtained if the quantity is no more than a 90-day supply. 

Surprise Billing: Implements COVID-19-related surprise billing provisions through June 30,2021. Caps patient cost-sharing at in-network rates for out-of-network services that are either related to COVID-19 treatment or provided by an out-of-network provider because an in-network provider is unavailable due to the COVID-19 pandemic. 

Allowing Out-of-State Health Care Providers to Practice in Wisconsin: Allows out-of-state health care providers to practice in Wisconsin or provide telehealth services to patients in Wisconsin with a temporary credential from the Department of Safety and Professional Services.

Employers

Civil Immunity: Exempts businesses, associations, governmental entities,  schools and nonprofits from civil liability related to the death or injury of any individual or damages caused by an act or omission resulting in or relating to exposure of COVID-19. 

Prohibiting Employers from Requiring COVID Vaccinations:  Prohibits an employer from requiring an individual to receive a COVID-19 vaccine or to show evidence of having received a vaccine.

REMINDER: State Superintendent Candidate Forum TOMORROW, January 7

The Wisconsin Public Education Network and the League of Women Voters are holding a State Superintendent Candidate Forum tomorrow, January 7 at 7 p.m. This is a great opportunity to hear from the crowded field of candidates vying to replace State Superintendent Carolyn Stanford Taylor--who is not running for re-election-- before the February 16, 2021 primary. 

Register to attend here. 

There are currently seven candidates registered with the Wisconsin Elections Commission (WEC).  They are: Sheila Briggs, an assistant state superintendent for the Department of Public Instruction; Joe Fenrick, a Fond du Lac Teacher; Troy Gunderson, who recently retired as superintendent of the West Salem School District; Shandowlyon Hendricks-Williams, Director of Governor Tony Evers’ Milwaukee Office and Education Administrative Director of DPI’s Teacher Education, Professional Development and Licensing (TEPDL) team; Deborah Kerr, former superintendent in the Milwaukee suburb of Brown Deer; Steve Krull, a principal at Milwaukee's Garland Elementary School; and Jill Underly, superintendent of the rural Pecatonica Area School District.

The top two vote-getters from the February 16 primary will advance to the general election on April 6. 

State Assembly Fast-Tracking COVID-19 Relief Bill

The 2021-22 session of the Wisconsin State Legislature officially began on Monday, January 4 and Assembly Speaker Robin Vos (R-Rochester) promptly released a COVID-19 relief bill, Assembly Bill 1. The bill was immediately scheduled for a public hearing which will take place on Tuesday, January 5 at 11 a.m. Speaker Vos said that the full Assembly will vote on the bill this week. 

According to a statement released by Speaker Vos, the bill was negotiated with the Wisconsin State Senate and includes many items discussed with Governor Evers.

Assembly Democrats announced the framework of their own COVID-19 relief bill on Monday as well. However, it has not been officially introduced yet. 

Items of interest to WEMTA Include:

Education 

BCPL Loans:  Temporarily authorizes the Board of Commissioners of Public Lands (BCPL) to loan money to cities, villages, and towns to ensure that a municipal utility under the control of the city, village, or town is able to maintain liquidity. This authority would expire on April 15, 2021. 

Rehiring WRS Retirees: Allows a WRS retiree to return to work at a critical position during the COVID-19 national emergency without suspending their annuity. It also reduces the break in service requirement from 75-days to 15-days.  This would apply for either the duration of the national emergency or for 60 days following the enactment of this bill, whichever is earlier.  

School Board Approval for Virtual Instruction: Requires two-thirds approval by a school board to use virtual instruction instead of in-person instruction. Approvals of virtual instruction would be valid for 14 days. These provisions would not apply after June 30, 2022. 

Reports on Virtual Instruction: Requires school boards to submit reports to the Department of Public Instruction on virtual learning 30 days after the end of each semester in the 2020-21 and 2021-22 school years.  One of the items required to be included in the report is a description of  “any challenges or barriers the school board faced related to implementing virtual instruction during the semester.” DPI is then required to compile the information received by schools boards and submit a report to the Legislature. 

General COVID-19 Response 

Transfer of State Funds:  Allows the Joint Finance Committee to transfer up to $100 million between state appropriations accounts until June 30, 2021. 

Legislative Approval of Federal Funds: Requires the Governor to submit a 14-day passive review request to the Joint Finance Committee before spending any federal COVID-19 funds. 

Coverage of COVID-19 Testing and Vaccination Without Co-Pay: Prohibits health plans from charging co-pays for COVID-19 testing and vaccination through June 30, 2021. 

Local Health Orders:  Limits a local health officer’s ability to enforce an order related to COVID-19 that closes or restricts capacity of businesses to a maximum of 14 days. The local governing body could approve an extension of the order with a two-thirds majority vote.  

Prohibiting Mandatory Vaccination of COVID-19: Prohibits the Department of Health Services and local health officers from requiring individuals to receive a COVID-19 vaccine.

Allowing Dentists to Provide Flu Shots and COVID-19 Vaccines: Allows dentists who complete 12 hours of training to administer COVID-19 and flu vaccines without a prescription order.  

Nursing Home and Assisted Living Visitors:  Allows a nursing home or assisted living facility resident to designate an essential visitor to visit and provide support for the resident in compassionate care situations. A health care agent under the resident's power of attorney for health care is also considered an essential visitor. 

Prescription Order Extensions: Allows pharmacists to extend a prescription for up to a 30 day supply without contacting the prescribing physician through June 30, 2021. 

Other Prescription Drug Measures: Prohibits health plans or pharmacy benefit managers from requiring prior authorization for early prescription drug refills or otherwise restricting the period in which a prescription drug may be refilled and from imposing a limit on the quantity of prescription drugs that may be obtained if the quantity is no more than a 90-day supply. 

Surprise Billing: Implements COVID-19-related surprise billing provisions through June 30,2021. Caps patient cost-sharing at in-network rates for out-of-network services that are either related to COVID-19 treatment or provided by an out-of-network provider because an in-network provider is unavailable due to the COVID-19 pandemic. 

Allowing Out-of-State Health Care Providers to Practice in Wisconsin: Allows out-of-state health care providers to practice in Wisconsin or provide telehealth services to patients in Wisconsin with a temporary credential from the Department of Safety and Professional Services.

Employers

Civil Immunity: Exempts businesses, associations, governmental entities,  schools and nonprofits from civil liability related to the death or injury of any individual or damages caused by an act or omission resulting in or relating to exposure of COVID-19. 

Prohibiting Employers from Requiring COVID Vaccinations:  Prohibits an employer from requiring an individual to receive a COVID-19 vaccine or to show evidence of having received a vaccine.