In limbo

Richard A. Sokerka

The House of Repre­sentatives passed a massive new COVID­­19 relief legislation as a follow up to the CARES Act in May. However, unlike the CARES Act, the House bill entirely excluded private and parochial school students and teachers from its K–12 aid provisions.

The Senate declined to take that bill up, instead introducing its own proposal in July that included direct aid to private and parochial schools as well as authorization for an emergency one-time appropriation to scholarship-granting organizations in states.

It’s now September — schools are open, either face-to-face in the classroom, in a hybrid form or all virtually from students’ homes — and still, negotiations between the House and Senate are in limbo on coming together on a relief package.

Recall that when Congress passed the CARES Act in March, its K–12 COVID-19 relief provisions included a requirement for equitable services. Because of ambiguity in the law on the matter of how the funds were to be distributed, the U.S. Department of Edu­cation (DOE) proceeded to issue guidance calling for all students to be served equally. This policy led to a firestorm of criticism from public school advocates over the funds going to private and parochial schools.

The DOE has released guidance affirming that religious organizations are as equally eligible to participate in department-administered programs as their secular counterparts. The DOE describes the guidance as also making clear that “religious organizations receiving federal financial assistance under a Department program … may continue to carry out their missions and maintain their religious character.”

Because of this ruling, there is not a single reason in the world that members of the House of Representatives can give for excluding private and parochial schools from getting aid in the next COVID-19 relief bill. It is a clear issue that by denying aid to private and parochial schools they are treading on religious liberty.

Public school districts need federal support but they can also count on a guaranteed stream of tax dollars going forward. Private and parochial schools do not, and have never had, that in their back pocket.

It is time for Congress to put petty partisan politics aside before Election Day, and include a provision that allocates equitable aid for private and parochial K–12 schools in the next COVID-19 relief act.