School Business Affairs February 2020

asbointl.org SCHOOL BUSINESS AFFAIRS | FEBRUARY 2020 35 LEGAL ISSUES others who questioned the consti- tutionality of a state regulation that required students to participate in the flag salute and Pledge of Alle- giance or risk being charged with insubordination and expulsion. Three years later, during World War II, without actually acknowl- edging it, the Justices reversed their order in Barnette . According to the Court, requiring children to salute the flag and recite the Pledge exceeded constitutional limits on governmental power because doing so invaded their individual freedoms protected by the First Amendment. In Barnette, the Justices declared that “[i]f there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein” (p. 642). 4. Tinker v. Des Moines Independent Community School District (1969) This watershed case about the First Amendment free speech rights of students involved a dispute from Iowa over whether students could wear black armbands protesting American involvement in Vietnam. In the first of a pair of notable quotes from what represents the highwater mark of students’ rights in expressive activities, the Supreme Court recognized the legitimate authority of school officials. How- ever, the Justices clarified that “[i]t can hardly be argued that either stu- dents or teachers shed their consti- tutional rights to freedom of speech or expression at the schoolhouse gate” (p. 506). Finding in favor of the students, the Court added that “where there is no finding and no showing that engaging in the forbidden conduct would ‘materially and substantially interfere with the requirements of appropriate discipline in the opera- tion of the school,’ the prohibition cannot be sustained” (p. 509). FROM THE HILL I n late December, Congress passed bipartisan legislation that would provide $49 billion in extra funding for federal government agencies and programs for the 2020 federal fiscal year (FY20). The spending deal was comprised of two appropriations packages that outlined funding for all appropriations bills to keep the federal government up and running through September 30, 2020. The two packages, H.R. 1158 and H.R. 1865, pro- vide nearly $1.4 trillion for FY20; $738 billion of that amount will go toward defense discretionary programs and $632 billion will go toward non-defense discretionary programs. While H.R. 1158 provides funding for the U.S. military and the Departments of Homeland Secu- rity, Commerce, Treasury, and Justice, as well as the IRS and National Science Foundation, H.R. 1865 funds the Departments of Labor, Health and Human Services, and Education (L-HHS-ED), Interior, State, Agriculture, Transportation, Veteran Affairs, and other areas. H.R. 1865 is the bill that SBOs should pay attention to, since it determines federal education funding for FY20, or the federal dol- lars school districts will have for the 2020–2021 school year. So, what’s in the spending package? H.R. 1865 provides $72.8 billion in discretionary funding for the Department of Education (ED), or $1.3 billion more than current (FY19) funding and $8.7 billion more than the President’s budget request. 7 $40.1 billion of that amount will go toward K–12 education, which is $1.2 billion more than current (FY19) funding and $5.9 billion more than what the President requested. The bill provides funding increases for many K–12 programs, includ- ing several that the administration sought to cut or eliminate. It also increases funding for early education programs. 7 ESSA Title I: $450 million increase to $16.3 billion 7 ESSA Title II: $76 million increase to $2.1 billion (first increase in 6 years) 7 ESSA Title III: $50 million increase to $787 million (first increase in 5 years) 7 ESSA Title IV: $40 million increase to $1.2 billion 7 IDEA State Grants (Part B): $417 million increase to $13.9 billion (3% increase) 7 Impact Aid: $40 million increase, to $1.4 billion 7 21st Century Community Learning Centers: $28 million increase to $1.2 billion 7 REAP: $5 million increase to $186 million 7 Career and Technical Education (CTE/Perkins) State Grants: $20 million increase to $1.28 billion 7 Homeless Youth/Children: $8 million increase to $105 million 7 School Safety National Activities: $10 million increase to $105 million 7 Head Start: $550 million increase to $10.6 billion 7 Child Care and Development Block Grant (CCDBG): $550 million increase to $5.8 billion The spending packages also include several funding provisions out- side of ED which will also be of interest to SBOs, including: (continued on next page) U S A

RkJQdWJsaXNoZXIy NTMyNTY4