provided by private or nonprofit entities, such as faith- based providers” (42 USC §9858o(b)).


The proposed regulations specified that “funding methods provided for in §98.30 . . . must include some use of grants or contracts for the provision of direct services” [emphasis added].


ACSI responded: “To require that funding methods ‘must include’ grants or contracts clearly violates Congressional intent and the plain language of the statute.”


We further noted:


It is hard to conceive that the NPRM [Notice of Proposed Rulemaking] accidentally includes proposed regulatory language which so clearly violates the statute. First, the NPRM discusses the very statutory text quoted above, but dismisses it. Let us be clear: nothing in the statute mandates the use of grants or contracts—they are an option. On the contrary, the statute specifically forbids promoting grants/contracts or disfavoring or discouraging the use of certificates. Certainly, to mandate grants/contracts favors their use and disfavors or discourages the use of certificates. This is not appropriate. Nor is it appropriate for the NPRM to refer to this as “a straightforward interpretation of language in the CCDBG statute” (pg. 80518).


In its public comment, the Council for American Private Education (CAPE) pointed out:


Plainly, the proposed paragraph “promotes the use of grants and contracts” in that it requires their use. Clearly, the proposed regulation “disfavors or discourages the use of certificates” in that every dollar used for the newly mandated grants and contracts would mean a dollar less for certificates.


Thus, quite astoundingly, the proposed paragraph not only lacks authority in statute, it actually violates the statute, both in spirit and in letter. Further, and equally astounding, the proposed paragraph not only ignores the will of states on this matter, it actually thwarts that will by requiring all states to do something that most of them so far have chosen not to do.


Other suggestions for changes to the proposed regulations were less controversial. ACSI agreed in its public comment with a series of recommendations made by CAPE. In the end, the final regulations accord with the law by allowing states full freedom to use certificates as much—or as little—as they choose. The latest figures show that the majority of states choose to use only certificates.


Annual Legislative Conference a Success!


Washington, D.C., but there is nothing like a constituent from back home to have a major impact upon a member of Congress. It is powerfully compelling when a voter takes the trouble to come all the way to D.C. to see them.


This year’s conference theme was religious liberty. After a Monday evening welcome on arrival, the attendees spent Tuesday focusing on briefings from elected officials and experts. They heard from a wide range of speakers, including Rep. Vicky Hartzler (R-Missouri), who championed a measure to restore protections to faith-based schools in the District of Columbia. Rep. Steve Russell (R-Oklahoma) spoke about amending a defense bill to include important language restating the rights of faith-based institutions to hire according to their faith, a concept that is facing stiff challenges on the Hill. Sen. James Lankford (R-Oklahoma), former director of the largest Christian youth camp in the U.S., detailed his work to push back on the Department of Education’s novel redefinition of “sex” in its guidance on transgender issues. In addition to these popular speakers, the conference featured experts on school choice, the newly-passed Every Student Succeeds Act, and much more. The briefing day ended with an inspirational visit in the Capitol with Erica Suares, an alumna of ACSI member-school Lakeland (Florida) Christian School and now policy advisor to Senate Majority Leader Mitch McConnell (R-Kentucky).


Wednesday was dedicated to visiting members of Congress or their staff. Conference attendees were fully equipped thanks to their briefing day. The conference ended with lunchtime reports on the results of the meetings. Attendees asked their members of Congress to support Rep. Russell’s measure to restate the law’s faith-based protections and to sign an amicus brief, spearheaded by Sen. Lankford and Rep. Hartzler, in support of Gloucester County, Virginia’s, reasonable approach to resolving transgender issues. The results of Rep. Russell’s important effort won’t be known until after Congress’s post-election lame duck session. Over 100 members of Congress signed on to the Gloucester amicus brief on September 28, 2016, including six Senators and 106 Representatives.


ACSI thanks this year’s Legislative Conference attendees for their time and commitment. They represented 11 states and a wide range of schools. To join us in 2017, contact your Regional Director. We hope to see you in Washington!


Every year, ACSI Regional Directors encourage heads of school to attend ACSI’s September D.C. Legislative Conference. In 2016, the conference featured 20 attendees who learned about ACSI’s legislative priorities and presented the issues to their members of Congress or their staff. ACSI member schools enjoy critically important year-round, full-time representation in


46 | 27.2


Looking Ahead with a New President and Congress


Throughout the election, numerous political prophets predicted that Donald Trump could not win—so a Republican sweep of the White House, the U.S. House, and the U.S. Senate took just about everyone by surprise.


© 2016 by the Association of Christian Schools International


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