Current Issues 2024
2024 Updates from Washington D.C. by P. George Tryfiates
Update for March 15, 2024
Update includes Title IX regulations; judicial nomination results; state updates; Texas; and, History Moment, Evacuation Day
- Title IX Regulations. On February 2, 2024, the controversial Biden Administration Title IX proposed regulations took their next step: review of the Department of Education’s final draft by the Office of Management and Budget (OMB). There are two sets of regulations and the second rule focused only on athletics apparently has not yet made it to OMB. So, we’ve got some thinking to do on the meaning of that. OMB has up to 90 days for review, so we’re getting very close and the final rule could be announced very soon if there are no further delays (which can happen). You will remember ACSI has submitted public comment twice (Title IX Athletics NPRM (5/23/2023); Title IX NPRM Comment (9/10/2022)).
- Judicial Nomination. I’m going to call this one a near-win even though, well, yes, we lost. Here’s the story. ACSI opposed the nomination of Loren AliKhan to the U.S. District Court for the District of Columbia. We joined an excellent coalition letter (July 12, 2023) that explains why. In short, she asked the Supreme Court to strike down the ministerial exception – which religious organizations rely on to exercise their rights – and a unanimous Supreme Court said her views were “untenable” and “hard to square with the text of the First Amendment”. Wow. As noted earlier, it’s a heavy lift to defeat a nominee when the Senate majority is held by the President’s own party. Obviously, any party will stick with its President’s nominations. You can see why we went ahead with our first opposition to a judicial nomination. In the end, AliKhan was confirmed December 5, 2023, but the vote was 50-50. The nominee failed to get any Republican support (unusual) and lost support from Democrats (Sen. Joe Manchin (D-WV)). The nominee had to rely on the Vice President to break the tie. It says a lot about the low quality of yet another extreme nominee to have bipartisan opposition that forced a tie breaker in the Senate.
- State Update. Great news from Alabama where the Governor signed into law the state’s Education Savings Account (ESA) law on March 8, 2023! This is a great opportunity for Alabama families. Kansas held hearings on its tax credit bill this past week and we continue to work on it. Oklahoma ACSI school leaders were at the Capitol to support school choice on March 6, 2023, and had the surprise privilege of a drop-in from the Governor himself! They were able to pray for the Governor in person; what an amazing moment for our own Dr. Jay McCurry and the whole team of school heads.
- Texas. All the Texans are noticing they get their own item, and now we’ll never hear the end of it. But it’s appropriate! Texas made a big splash on Super Tuesday when a significant number of anti-school choice Republican legislators were defeated in primaries. These were folks who voted against their own Governor Greg Abbott’s school choice bills in the last legislative session. That act sparked widespread opposition from him and others in the primary. ACSI’s Jay McCurry says it’s one of the biggest state advocacy stories in decades – the careers of ten out of 13 incumbents targeted by one group came to an end. ACSI President Dr. Larry Taylor, a Texas resident, called it “the beginning of a major school choice success story.” A lot of work remains to be done, but the possibility of success is now greater than ever.
- History Moment. Sunday, March 17, isn’t just St. Patrick’s Day. It’s also the day in 1776 the British evacuated Boston in 1776. Henry Knox made a miraculous delivery of the cannons from Ticonderoga to Boston in the dead of winter which allowed Washington finally to occupy the Dorchester Heights above the city and threaten the British occupation. He did so overnight March 4 – 5, in silence, without being observed, and stunned the British when they awoke March 5, the anniversary of the Boston Massacre. According to historian David McCullough in his book 1776, “It was an utterly phenomenal achievement.”
Check this out, also from the book: “The night was unseasonably mild – indeed, perfectly beautiful with a full moon – ideal conditions for the work, as if the hand of the Almighty were directing things, which the Reverend William Gordon, like many others, felt certain it was. ‘A finer [night] for working could not have been taken out of the whole 365,’ he wrote. ‘It was hazy below [the Heights] so that our people could not be seen, though it was a bright moonlight night above on the hills.’” (pg.92). The British finally gave up under threat of bombardment and left the city on March 17 after a series of “unusual”(!) events. Proverbs 30:4(b) (NASB) comes to mind when we wonder Who might have been involved: “What is His name or His son’s name? Surely you know!” (NASB). Happy Evacuation Day!
Update includes another federal extension on spending; Universal Charitable Deduction opportunity; McConnell to step down from leadership at EOY; State updates; PPLA in Brussels; PPLA open positions.
- Congress. Both chambers of Congress passed, as of today, another short-term extension of a spending bill for the fiscal year that began last October. We continue to work within the Faith & Giving Coalition to track and support a universal charitable deduction. The tax reform bill mentioned in the last update has not moved… about which, more in the next item.
- Universal Charitable Deduction (UCD). As you’re aware, this has been an ACSI priority since passage of the Tax Cuts and Jobs Act (TCJA) at the end of 2017. Senate Republicans are not pleased with the recent bipartisan House-passed tax reform bill (as indicated by a February 28 statement by Senate Finance Committee Ranking Member Mike Crapo (R-Idaho)). That bill faces hurdles in the Senate, but it is possible that any Senate changes to the House bill might boost the chances of adding a UCD for non-itemizers. That would be great, but remember, if that happens, the House and Senate versions must be worked out in a conference committee.
- Sen. Mitch McConnell (R-Kentucky). You have likely read the news that Senate Minority Leader McConnell will step down from his leadership role after the election. Leader McConnell’s Senate term ends in 2027, so he will remain a Senator until that time, but not in leadership. Among other things, one of his most significant achievements was the confirmation of large numbers of Trump nominated judges to fill widespread vacancies. This became possible in part by rule changes originated by his Democratic predecessor of which McConnell famously said, “You’ll regret this, and you may regret this a lot sooner than you think”. For good or ill, the Senate majority now has far greater ability to stymie or to push (depending on whether the majority party holds the White House) judicial nominations. An interesting take (consider the source, as always) from PBS can be found here.
- State Updates. The majority of state legislatures are in session. Some key items: Kansas hearing on a key tax credit bill (SB 509) set for March 6 at 9:30 a.m. Please pray; for more information please contact ACSI’s Jay McCurry or Dr. John Walker of Central Christian School in Hutchinson. The Alabama House of Representatives passed HB 129, an education savings account (ESA) bill, bringing that opportunity one step closer to reality. A tax credit bill, H. 447, is now in the Idaho House Revenue and Taxation Committee. The New Hampshire House passed by one vote(!) a bill to expand the qualifications for families to participate in the state’s Education Freedom Accounts; the bill is now in the NH Senate. Oklahoma ACSI school leaders are set to meet with state legislators on March 6 and ask for your prayers.
- Brussels Consideration. We had the great privilege of participating in the annual Brussels Consideration at the European Parliament hosted by Dutch and German Christian school associations, and a priority for ACSI-Europe where I was invited to speak. My topic was our work in D.C. and ACSI’s recent global document on Guiding Principles for Biblical Sexuality. We met with Members of the European Parliament (MEPs) and heard from experts on a wide range of topics. A great summary of the meeting is in this article from CNE [Christian Network Europe] News. As you’ll see there, Christian schools face very similar challenges around the world, certainly in the West. It was an excellent opportunity to learn and share how each is addressing the need in our own national contexts.
- Help is on the way! We’re thrilled to announce that the Public Policy and Legal Affairs (PPLA) department has two new open positions: Director for Public Policy and PPLA Assistant. If you or someone you know is interested, please do follow the links to apply online. Please pray as we seek the persons the Lord has in mind to join our team.
Update for February 16, 2024
Update includes tax bill/ERTC, spending bills, State Update, Summit registration; Global Day of Prayer.
- Congress. On January 31, 2024, the House passed a tax measure designed to restore expired items from the 2017 tax reform bill. The bipartisan legislation famously increased the child tax credit; it will also close off the Employee Retention Tax Credit (ERTC) as of January 31, 2024, if it passes as written. The bill’s chances in the Senate are up for debate – we’ve seen both pro and con on passage. Please note that some schools have applied for the ERTC and there’s also debate over whether it can be considered federal financial assistance (FFA); we advise schools to evaluate their capacity for that risk as part of the process. In any event, be aware the IRS is cracking down on claims, so schools will want to be sure to use a reputable and knowledgeable tax professional as they evaluate their position going forward, bearing in mind that the bill has not yet become law. This February 14, 2024, Forbes piece offers insights that may be helpful for those already in process as well as those who might choose to pursue it in future pending any deadlines in the bill should it become law.
- Spending Bills. As you will recall, the 2024 fiscal year began last October 1, 2023, and there is still no legislation: the “continuing resolution” (CR) that continues current spending at last year’s level expires March 1 for four appropriations and March 8 for the remaining eight. As soon as Congress can agree on last year’s spending bill, it will immediately turn to appropriations for FY 2025 which begins this October. Appropriations, however, are an area where key legislation such as school choice tax credit scholarships or ensuring that tax exemption does not trigger FFA can happen. We shall see; we are keeping watch.
- State Update. State legislatures across the country are in session and Christian school leaders in many states are heavily engaged. On March 5, Oklahoma ACSI school leaders will be meeting in the state Capitol through the morning. ACSI Kansas school leaders are supporting that state’s excellent legislation, SB 469, the Sunflower Education Equity Act, to create an Education Savings Account (ESA). And, in Idaho, a strong coalition is supporting HB 447, which adds to current law to establish a tax credit and grant program for tuition and education expenses. For more information, please contact Dr. Jay McCurry, ACSI National Director for State Advocacy at Jay_McCurry@acsi.org.
- Summit 2024. We’re so excited that registration has opened for this year’s Public Policy & Advocacy Summit in Washington, D.C. The dates are September 16 – 18, 2024 and we’re thrilled that Dr. Carl Trueman will kick off the Summit at the opening banquet Monday evening, September 16, at the Museum of the Bible. Be sure to register here to enjoy the early bird discount of $150 off before May 4.
- ACSI Global Day of Prayer. Just a reminder that Tuesday, February 27, 2024, is ACSI’s annual Global Day of Prayer. Check out the link for resources and ideas. Even if you can’t participate formally, please take time to pray and commit to the Lord’s hand and care the children engaged in Christian education, their teachers, families and school communities; pray that the Lord will expand the freedom to educate and remove the barriers here at home and around the world – so that our sons and daughters can have access to great academics and the reality of the Good News that sets us free from our sin and sorrow!
Update for February 2, 2024
Update includes new tax exemption fix; update on tax exemption legal case; National School Choice Week; update on tax credit school choice bill; support for a 529 expansion bill; Congressional priorities.
- Safeguarding Charity Act (tax exemptions). On January 17, 2024, Sen. Marco Rubio (R-FL) and Rep. Greg Steube (R-FL) introduced legislation in their respective chambers (S. 3604 and H.R. 7027) to make clear that mere tax exemption does not make a non-profit a recipient of federal financial assistance (FFA). As you know, FFA brings with it regulations which can be a challenge for religious schools. As Sen. Rubio states in his press release, “Two recent rulings by federal judges state that private institutions are subject to federal restrictions simply due to their tax-exempt status. This could lead to private schools, churches, and non-profit charities being punished if they do not follow burdensome and politically polarized regulations.” Thus, ACSI supports the Safeguarding Charity Act, and urges school communities to express their support to their Members of Congress. More information is available in a press release the same day from the Council for American Private Education (CAPE) of which ACSI is a member association.
- Tax exemption legal case. On January 25, 2024, the Fourth Circuit Court of Appeals heard oral arguments in one of the two tax exemption cases, Buettner-Hartsoe v. Baltimore Lutheran High School Association. Reports from the scene suggest that the outlook may be hopeful, but, as always, it would not be wise to count on that: we should continue to be in serious prayer. You will remember that ACSI joined an amicus in the case on June 12, 2023, and a coalition letter in support of an earlier amicus on August 11, 2022. We could not say when the court will issue its ruling; even then, one side or the other may wish to appeal.
- National School Choice Week (NSCW) 2024 (January 21 – 27, 2024). What an exciting time across the country with a week of events celebrating and promoting options for parents! Dr. Jay McCurry, ACSI’s National Director for State Advocacy, and James Elliott, Director of the ACSI Children’s Education Fund (ACEF) joined Kentucky member-schools in Frankfort for a successful rally while James took things a step further and headed off to Denver where he joined Christian school leaders on the steps of the Capitol there. Here in D.C., I had the privilege of attending a crowded, popular reception hosted by school choice leader Sen. Tim Scott (R-SC) in the U.S. Capitol’s Mansfield Room. Some eight Senators along with parents, student beneficiaries of school choice programs and other experts addressed the enthusiastic crowd.
- ECCA. ACSI continues to focus on its priority school choice measure at the federal level, the Educational Choice for Children Act (ECCA) (S. 120 and H.R. 531) which has earned 143 House and 30 Senate co-sponsors as of National School Choice Week! ECCA is a federal scholarship tax credit bill to provide scholarships for up to 12 million K-12 students across the country. This was one of the bills which we briefed at last September’s ACSI Public Policy & Advocacy Summit.
- Achieving Choice in Education Act – Support. In addition, however, Sen. Mike Lee (R-UT) and Rep. Eric Burlison (R-MO) introduced in December 2023 the Achieving Choice in Education (ACE) Act. As of NSCW, ACSI supports this legislation as well. The bill expands the uses of 529 college savings plans beyond K-12 tuition (long an ACSI policy preference) and incentivizes states to create school choice programs. Read more in Sen. Lee’s press release which includes links to more information.
- Busy Congress. Well, Congress kicked the funding can down the road once again with two new Continuing Resolutions (CRs) until March. So, funding for the fiscal year that began last October is a major priority even as work begins on this coming fiscal year spending. Several tax measures are also being bandied about -- one of which passed the House Wednesday (more in the next update). These give us opportunities for our long-time priority of a universal charitable deduction, although, in truth, that’s a heavy lift. Congress is also working on the things you’re seeing the news: the border, Ukraine and Israel. Lots of good reason for ongoing prayer for our nation and its leaders. Did somebody say something about an election? Ah yes! That’s a call for even more prayer!
Update for January 12, 2024
Update includes new parental rights legislation, Congressional action, National School Choice Week, March for Life, and not one, but two(!), History Moments: MLK and Religious Liberty.
- Parental Rights. In the last update, we noted that we were anticipating the introduction of two bills of interest. One of those was introduced on January 10, 2024, by Sens. Tim Scott (R-SC), James Lankford (R-OK) in the Senate and in the House by House Education and Workforce Committee Chairwoman Virginia Foxx (R-NC). The Families’ Rights and Responsibilities Act affirms parents have a fundamental right to control the upbringing of their child and provides strong language to bolster that right. Furthermore, in the words of Sen. Scott’s press release, the bill also “prevents the federal government from substantially burdening this fundamental right of parents without first passing the strict scrutiny test; and [a]llows parents to raise a violation of the Act as a claim or defense in judicial or administrative proceedings at the federal and state levels.” Among other benefits, the bill should help protect the right of parents to choose Christian education in this increasingly hostile federal environment.
- Congress. The second bill we mentioned has not yet been introduced, though we anticipate that at any time. In the meantime, Congress continues its focus on money bills leading up to the expiration of two “continuing resolutions” (CRs) which are set to expire January 19 for four spending bills and February 2 for the remaining eight.
- National School Choice Week. It’s coming up soon – January 21 through January 27, 2024 – and you are encouraged to engage at the state level as much as you are able. For example, ACSI recently invited Virginia schools to participate in a day at the Capitol in Richmond on January 24. A good resource for more information, things you can do, and events in which you can participate can be found at www.schoolchoiceweek.com. Here in DC, we look forward to a reception hosted by Sen. Tim Scott on the Hill to promote education freedom for parents to choose the best education option for their children.
- March for Life. The big day is Friday, January 19, 2024, and if your school is coming, please do take lots of photos and let us know. Welcome to DC! More information is here.
- History Moment. This weekend’s observance of Martin Luther King, Jr., Day offers great opportunities to celebrate his dream: “that my four little children will one day live in a nation where they will not be judged by the color of their skin, but by the content of their character.” For a powerful remembrance of the battles he faced, fought, and won, few resources are better than King’s Letter from Birmingham Jail. History is about remembering and, one hopes, not repeating past injustices.
- History Moment. Speaking of liberty, January 16 is Religious Freedom Day which commemorates the day in 1786 when Virginia’s General Assembly finally passed (written in 1777; introduced in 1779) Thomas Jefferson’s Statute of Virginia for Religious Freedom. The Statute disestablished the Anglican Church in Virginia and is a thundering, thoroughly Christian, and eloquent defense of religious conscience over state-mandated belief: “Whereas, Almighty God hath created the mind free; That all attempts to influence it by temporal punishments or burthens, or by civil incapacitations tend only to beget habits of hypocrisy and meanness, and therefore are a departure from the plan of the holy author of our religion, who being Lord, both of body and mind yet chose not to propagate it by coercions on either, as was in his Almighty power to do…” Read it all here.
Update for January 2, 2024
Update includes key events in January; state legislatures convening; ACSI global statement on Guiding Principles on Biblical Sexuality.
- Happy New Year! Congress returns next week, and we are anticipating the introduction of two key bills of interest. We will keep you posted once that happens. January brings several key dates worth noting: National School Choice Week (NSCW) is January 21 – 27; the March for Life is January 19; and Religious Freedom Day is January 16. Together with Martin Luther King, Jr. Day, this month gives many opportunities for engagement. If your school is participating in NSCW or the March for Life, please be sure to tell us about it and share your photos!
- New Year in the States. Forty-six state legislatures will convene in this New Year. One state to highlight is Tennessee where Governor Bill Lee is proposing a new statewide school voucher program to provide as much as $7,075 to 20,000 students to attend the private or home school of their choice in the 2024-25 school year — with a plan to open universal eligibility beginning in 2025. Tennessee already has an Education Savings Accounts (ESA) program, which was implemented in 2023 after surviving a years-long legal challenge. The ESA currently offers about $9,000 to 2,400 low- and middle-income students in Davidson, Shelby, and Hamilton Counties. Great ideas like these may be percolating in your own state to give families a realistic option for Christian education, so please do reach out if you can help promote and protect Christian education in your state’s public policy process.
- ACSI’s Global Effort to Promote Biblical Sexuality. ACSI’s Global and Public Policy & Legal Affairs (PPLA) departments joined efforts throughout 2023 to craft a global document that Christian school associations and Christian schools everywhere can use to help prepare standards and policies on sexuality. The final result of that effort is the Guiding Principles on Biblical Sexuality which we commend to your attention. A global committee of 14 education, theological, and policy experts convened to hash out the document in a way that promotes Biblical fidelity on this key area of concern. The Guiding Principles includes a central statement of principles followed by a section of items to consider as a school or Christian school association writes and implements its own standards and policies. It seeks to be not an “American” document, but a Christian one to which all cultures, including our own, can (should!) adapt. More information can be found at www.acsi.org/gen127.
RESOURCES MENTIONED IN PREVIOUS WEBINARS