Federal School Facilities Policy Update

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Senator Schumer introduced a proposal a few weeks ago to show how Democrats would use the unspent $365 billion in CARES funds, with a strong focus on racial justice and equity and to address community disinvestment. This proposal is to become the Economic Justice Act and includes funding for public school PK12 infrastructure investments closely aligned to Rebuild America's Schools Act - RASA, included in H.R. 2, which was passed by the U.S. House of Representatives this summer. Below is the outline of some key provisions: 

The key elements of RASA have been retained:

  • It is a formula grant program to the states; 

  • The states are required to target funds to highest need districts and schools, with additional clarity regarding how such determinations should be made; 

  • Funding for BIE, outlying areas, and impact aid funds are included, with BIE funds increased and impact aid construction funds made mandatory;

  • Buy American and Green practices are still required; and

  • States have responsibilities to provide technical assistance, an online database on school facilities inventory, review health and safety plans and standards; and  

  • State must match federal funds with 10% match.

There are some differences in this bill and RASA:

  • Covers only 3 years FY21-23 with $11.6 billion distributed each year;

  • Federal funds allowed to be used for state administrative threshold is 5%, not 1%;

  • No bond provisions in Senate bill;

  • Includes as allowable uses, facilities improvements for COVID mitigation measures; and

  • Specifically calls out facilities improvements for disaster preparedness. 

The timeline for introduction is unclear given the SCOTUS situation but was intended to be this week.