On August 27, 2020. the U.S. Department of Labor (DOL) said in a guidance document that if a school offers both in-person and online learning options and a parent/guardian chooses the latter, the parent/guardian may not take paid leave under the Families First Coronavirus Response Act (FFCRA). According to the DOL, FFCRA leave is not available to take care of a child whose school is open for in-person attendance. However, parents/guardians may use FFCRA leave on days when children are not permitted to attend school due to hybrid in-person and online arrangements, since children may be allowed to physically attend school only on their allotted in-person attendance days under such a model and schools are “effectively ‘closed'” to workers’ children on those remote learning days. For more information on this issue, visit EdDive by clicking here.
Category: Federal Government Actions
Agencies Express Concern Over FEMA Plan to Cut COVID-19 Reimbursement (September 5, 2020)
On September 1, 2020, a number of national organizations sent a letter to the Federal Emergency Management Agency (FEMA) to express concern with recent information from FEMA indicating the agency intends to eliminate personal protective equipment (PPE) and disinfectants as eligible reimbursable expenses under Public Assistance for COVID-19.
According to the letter, “[a]ll plans for schools to reopen include built-in requirements for PPE. PPE is a fundamental element of any COVID-19 operation.” However, the letter states that FEMA is planning a policy guidance change that would remove PPE and disinfectants as eligible reimbursable expenses for COVID-19, which the organizations call a continuation of “a troubling pattern of shifting costs and responsibilities onto state and local governments, including state and local education agencies, when they can least afford it.”
The letter also goes on to say that “changing policy guidance in the middle of a pandemic is impractical, sows confusion, unnecessarily complicates the process of reopening, and disrupts daily operations for all those impacted, including our schools”…and that…”FEMA and the Administration have long maintained that every disaster is federally supported, state managed, and locally executed. We ask FEMA to waive the state cost share for COVID-19 assistance,to maintain thecurrent guidance on emergency protective measures, and encourage the Administration to provide clear guidance on eligibility of funding streams from across the federal government.”
Thus far, there has been no response from FEMA.
To view the letter in its entirety, click here.
USDA Extends Free Meals for Kids Through December 31, 2020 (August 31, 2020)
On August 31, 2020, the US Department of Agriculture (USDA) announced that it will extend several flexibilities through as late as December 31, 2020. The flexibilities allow summer meal program operators to continue serving free meals to all children into the fall months, which will help ensure – no matter what the situation is on-the-ground – that children will have access to nutritious food as the country recovers from the COVID-19 pandemic
USDA’s Food and Nutrition Service (FNS) is extending a suite of nationwide waivers for the Summer Food Service Program (SFSP) and Seamless Summer Option (SSO) through the end of 2020, or until available funding runs out. This includes:
- Allowing SFSP and SSO meals to be served in all areas and at no cost;
- Permitting meals to be served outside of the typically-required group settings and meal times;
- Waiving meal pattern requirements as necessary; and
- Allowing parents and guardians to pick-up meals for their children.
Collectively, these flexibilities ensure meal options for children so they can access meals under all circumstances.
According to the USDA, it has continuously recalculated remaining appropriated funds to determine how far it may be able to provide waivers into the future, as Congress did not authorize enough funding for the entire 2020-2021 school year. Reporting activities are delayed due to states responding to the pandemic; however, based upon the April data, USDA currently has available funding for the remaining months of 2020.
USDA will continue to actively monitor this rapidly evolving situation and continue to keep Congress informed of its abilities and limitations.
For more information on FNS’ response to COVID-19, visit fns.usda.gov/coronavirus.
To access the USDA announcement in its entirety, click here.
PA Requests Critical Food Programs for Kids be Extended by USDA (August 23, 2020)
Wolf Administration officials have asked the U.S. Department of Agriculture (USDA) to extend national waivers due to expire on August 31, 2020 that have allowed Pennsylvania to provide approximately 24 million meals to school children during the pandemic.
If waivers are allowed to expire at the end of the month, it will bring an end to breakfast, lunch and afternoon snacks for school-age children and their younger siblings. The Wolf Administration’s request urges the following actions:
- Allow the Summer Food Service Program (SFSP) and Seamless Summer Option (SSO) to be used to feed children during the 2020-21 school year. Permitting both schools and nonprofits to continue use of this waiver would significantly reduce administrative burdens, limit confusion of where meals can be accessed, allow meals to be provided at locations most convenient for families, and help to limit overt identification of children from low-income households.
- Expand the non-congregate and other approved waivers for the National School Lunch Program to the SFSP and SSO to allow these programs to be used to feed children when they are not physically in school. Extending these waivers will allow community-based nonprofit organizations to assist schools in meeting the needs of children at locations that work best for families, particularly on days when children are engaging in remote, virtual learning.
- Extend the Area Eligibility waiver for SFSP and SSO through the 2020-21 school year. Allowing feeding sites to provide meals in communities that do not meet the 50 percent free or reduced-price threshold for area eligibility has been essential to providing necessary food to children despite the uncertainty and stress that has come with the COVID-19 pandemic.
- Waive the Afterschool Activity Requirement for the Afterschool Meal and Snack Programs available through the Child and Adult Care Food Program (CACFP) through the 2020-21 school year. This waiver is critical for CACFP sites to be able to provide access to meals and snacks when providing the activity component isn’t otherwise safe or feasible.
- Allow those providing meals through the SFSP or SSO to also serve through the Afterschool Meal and Snack Programs. While children receiving meals through SFSP or SSO are only able to receive two meals per day, USDA allowed a third meal to be provided under guidance issued through the unanticipated school closure waiver. This waiver was critical over the past six months in providing three meals a day to children in need of food assistance and will be critical to continue in order for community-based nonprofit organizations to replicate the meal options being provided by schools.
The above extensions will help to make sure that Pennsylvania children under the age of 18 have access to much-needed sustenance regardless of the instructional models used by their schools.
For more information, please click here.
CDC Releases Updated School Opening Guidelines (August 22, 2020)
On Friday, August 21, 2020, the US Centers for Disease Control and Prevention (CDC) updated its guidance for schools across the nation. The update adds more details to existing guidelines and are designed to provide more information regarding opening schools while limiting risk.
According to the updated guidelines, “The many benefits of in-person schooling should be weighed against the risks posed by Covid-19… which poses low risks to school-aged children – at least in areas with low community transmission.” However, the guidelines note that adults in schools who become infected will “mirror that of other adults in the community.” Regarding children, the guidelines state they are less likely than adults to have severe symptoms.
Schools are advised to develop methods for monitoring local Covid-19 data to track levels of transmission and to enhance their ability to make suitable decisions. Schools are also advised to work closely with local and public health officials if there is an infected person on school premises or conveyances.
The guidelines also advise that accommodations should be made to reduce risks for adults and students deemed to be at higher risk for severe illness. In fact, the revised guidelines have an entire section regarding how schools should accommodate children with disabilities or special health care needs, promoting an individualized approach to meet the needs of such students. Schools are also encouraged to offer remote counseling, insure the continuity of mental health services, and to inform and encourage those who may feel overwhelmed and want to harm themselves or others to call 911 and/or the National Suicide Prevention Lifeline at (800) 273-TALK and/or the national distress hotline at (800) 985-5990.
Other highlights include:
- Increasing the frequency of routine cleaning and disinfection of facilities
- Insuring that ventilation systems deliver clean air
- Opening windows and increasing outdoor air circulation in the school
- Stressing the need for hand hygiene, including washing hands appropriately and/or using hand sanitizer frequently
- The wearing of cloth face coverings and masks are an “important mitigation strateg[y]” and the use of masks is most important when students and adults are indoors as well as when the ability to social distance is compromised
- Clear face coverings may be preferable for teachers of young students and those instructing English language learners and students with disabilities when the ability to see the instructor’s mouth is deemed important
- Learning stations and activities should have fewer students per group and students, when possible, should be spaced at least six feet apart
- Cafeterias should refrain from offering self-serve food or drinks, meals should be individually plated or pre-packaged, food service items (e.g., trays and utensils) should be disposable, food and/or utensils should never be shared, and schools are encouraged to have children eat outdoors or in their classrooms
- Touchless payment methods should be used if possible and hand sanitizer should be abundantly available, including near the checkout area
- Foot pedal and no-touch trash cans should be employed
For more information, access the revised CDC guidelines by clicking here or go to: https://www.cdc.gov/coronavirus/2019-ncov/community/schools-childcare/index.html