CLE's Comments on the Waiver Provisions of the CARES Act

CLE is closely monitoring federal guidance and recently submitted comments on pending legislation in response to the COVID-19 pandemic's effects on students generally, and in particular on low-income students, racial and ethnic minorities, English learners, and students with disabilities. CLE's comments address issues with the open-ended provisions of the Coronavirus Aid, Relief, and Economic Security (CARES) Act (as originally drafted) that provide the Secretary of Education with nearly unlimited unilateral authority to waive almost any of the provisions of three major laws – the Elementary and Secondary Education Act, the Carl D. Perkins Career and Technical Education Act, and the Higher Education Act -- that Congress intentionally enacted through deliberative democratic processes. CLE's comments advocate for a more carefully crafted approach and raise concerns that as written some waivers could exacerbate rather than resolve problems in ensuring the education our children and youth deserve during this crisis.

Click here to read CLE's comments.