Learning Pods Are Appearing in State Laws
Susan Gentz is the founder of BSG Strategies and an education policy expert working to educate district leaders on funding, flexibility, and opportunities for innovation in state and federal policy.
As new learning models emerged throughout the pandemic, many experts have weighed in on which ones might stick, and which ones are likely to fall away. One model that has garnered considerable media attention is learning pods, which loosely defined means a collection of parents working together to educate their kids outside of a school environment, whether or not the pod is linked to a school. Despite the media attention, it’s unclear if pods will persist beyond the pandemic. For example, the Christensen Institute weighed in on pods, stating that neither pods nor microschools will disrupt the current education system.
Perhaps pods will not disrupt the system. However, there are clearly policymakers who are seeing value in offering and supporting learning pods, or at the very least trying to make them easier to establish.
The New Pod Laws
During the 2021 legislative session three states passed laws regarding pods. They all do different things - but policymakers in these states must think that pods are not something that are going to quickly fizzle out or they likely wouldn’t have put the effort in to get the law enacted. (It is not easy for any bill to actually become law - it’s something for us to mostly be grateful for.)
Louisiana’s pod law was created with the intent to establish both a pathway and funding for small group instruction through the district itself. The bill went into effect on June 16th, and establishes learning pods as a viable learning option within the district. This includes defining pods as at least 10 students receiving instruction in a small group setting, while also giving authority to districts to establish learning pods as an extension of any school under its jurisdiction. This means that each learning pod will be linked to a public school. The bill also requires students to be taught by teachers and staff of the district and can be held in innovative locations: on campus, remotely, hybrid in person and virtual systems, museums, libraries, office buildings, etc. The bill also provides that students in a pod must be counted among the enrollment of the public school and funded through the minimum foundation formula programming and that the hosting public school will be assigned by the school district or local education agency for the purpose of special education services, extracurricular activities including sports and arts programs, testing, accountability, and other state-mandated requirements. This is the most comprehensive bill passed this year, as most pods are among parents who are not enrolled through a district.
Georgia’s bill “The Learning Pod Protection Act” is geared more toward parents’ rights. A subsection of this bill states that it is necessary “to ensure that parents in this state who choose to voluntarily associate to advance the primary education of their children shall not be subject to additional restrictions or regulations.” The bill goes on to define learning pods, discuss what the operation of a learning pod looks like, and explain certain requirements that apply to daycare centers but do not apply to pods. Additionally, the legislature went on to prohibit site visits or investigations that would not happen under other educational settings, and dictates that no pod has to register or report its existence.
Finally, Texas enacted its pod law after municipalities began regulating pods. SB 1955 provides that a learning pod is exempt from any ordinance, rule, regulation, policy, or guideline adopted by a local governmental entity that applies to a school district campus or child-care facility, including any requirements regarding staff-to-child ratios, staff certification, background checks, physical accommodations, or building or fire codes.
What Does this Indicate for Learning Pods in the Future?
Legislation related to learning pods suggests a few possible implications--although we emphasize “possible.” First, as mentioned, they may not just be a temporary new learning model for the pandemic, but could live on even as the pandemic (hopefully soon) ends. Additionally, if states have education savings accounts available for parents to use, if pods are legal and defined in the state, it would be easier for parents to use those dollars to be in either a district-run learning pod or establish their own. This is an environment ripe for district leaders to keep funds in the district even when a student is not physically present.
Will Pods Stick Around?
Will pods be a thing in two years? It’s unknown, but polling data suggests interest in new educational options. The State Policy Network shared the following data on pods:
“Polling conducted by Heart+Mind Strategies on October 28-29, 2020, shows growing support for these education options. Furthermore, there is increasing favor for minimal regulations to avoid burdening families.
50% agree that policymakers should consider proposals that align learning pod arrangements with existing homeschool and private school laws so that pod families do not bear heavier regulatory burdens compared to families already exercising their right to choose how and where their children learn. (15% disagree)
41% agree that state officials should not impose new pupil-staff ratios specific to learning pods. Waivers to existing childcare requirements should be made permanent for pod families. (20% disagree)
49% agree that state officials should allow multi-family learning pods to operate as multi-family homeschool arrangements. (16% disagree)
47% agree that if there are deadlines by which homeschool families must register to educate their children at home, state lawmakers should waive such deadlines when public schools are only offering virtual or hybrid instruction. (19% disagree)
35% agree that state lawmakers should not allow agencies such as the Department of Education or department of health to conduct at-home visits of families participating in learning pods. (31% disagree)
39% agree that policymakers should not apply at-home daycare regulations such as pupil-staff ratios, zoning requirements, emergency plan requirements, or similar rules to learning pods. (24% disagree)”
It will be interesting to see how these numbers shift as the pandemic shifts and folks settle into a more permanent routine. During 2021, five other states considered bills on pods but they failed to make it to the finish line this year. Legislative sessions in 2022 could see a number of new proposals on academic learning pods, and we may have some preliminary data, or at least anecdotes, from these three states regarding initial implementations.