[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 676 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 676
To establish a learning recovery grant program and fund the Institute
of Education Sciences for certain purposes, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 1, 2021
Mr. Scott of Virginia (for himself, Ms. Leger Fernandez, Mr. Sablan,
Mr. Pocan, Ms. Wild, Mrs. Hayes, Mr. Jones, Mr. Levin of Michigan, Ms.
Bonamici, and Mr. DeSaulnier) introduced the following bill; which was
referred to the Committee on Education and Labor
_______________________________________________________________________
A BILL
To establish a learning recovery grant program and fund the Institute
of Education Sciences for certain purposes, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Learning Recovery Act of 2021''.
SEC. 2. DEFINITIONS.
In this Act:
(1) In general.--Except as otherwise provided, a term used
in this Act that is defined in section 8101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801) has the
meaning given the term in such section.
(2) Economically disadvantaged student.--The term
``economically disadvantaged student'' as used in this Act is
used in the same manner as such term is used in the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).
(3) High-poverty local educational agency.--The term
``high-poverty local educational agency'' means, with respect
to a local educational agency in a State, a local educational
agency that serves a higher percentage of economically
disadvantaged students than the local educational agency that
serves the median percentage of economically disadvantaged
students, based on the percentages of economically
disadvantaged students served by all local educational agencies
in such State.
(4) High-poverty school.--The term ``high-poverty school''
means, with respect to a school served by a local educational
agency, a school that serves a higher percentage of
economically disadvantaged students than a school that serves
the median percentage of economically disadvantaged students,
based on the percentages of economically disadvantaged students
at all schools served by such local educational agency.
(5) Missing student.--The term ``missing student'', used
with respect to a local educational agency, means a student--
(A) who was enrolled in a school served by the
local educational agency in the most recently completed
school year; and
(B) who--
(i) has been chronically absent from a
school served by the local educational agency
at any time during the COVID-19 pandemic; or
(ii) with respect to the school year for
which funds are being allocated to such local
educational agency under this Act, has neither
reenrolled in such a school nor has reported
moving to a different school system.
(6) Overall per-pupil reduction in state funds.--The term
``overall per-pupil reduction in State funds'' means, with
respect to a fiscal year--
(A) the amount of any reduction in the total amount
of State funds provided to all local educational
agencies in the State in such fiscal year compared to
the total amount of such funds provided to all local
educational agencies in the State in the previous
fiscal year; divided by
(B) the aggregate number of children in average
daily attendance in all schools served by all local
educational agencies in the State in the fiscal year
for which the determination is being made.
(7) School extension program.--The term ``school extension
program'' means an evidence-based comprehensive program (such
as a summer school, extended day, or extended school year
program) at an elementary school or secondary school that
provides for learning time, at any point in the calendar year,
that is--
(A) in addition to the minimum number of school
days and hours required by State law for such
elementary school or secondary school;
(B) a minimum of 3 weeks of school or the
equivalent of 120 hours; and
(C) a maximum of 10 weeks of school or the
equivalent of 400 hours.
(8) Vulnerable students.--The term ``vulnerable students''
includes the following students:
(A) A student with disabilities.
(B) A low-income student.
(C) An English learner.
(D) A minority student.
(E) A student experiencing homelessness.
(F) A migrant student.
(G) A student in foster care.
(H) A student involved with the juvenile justice
system.
TITLE I--REACHING STUDENTS AND MEETING UNFINISHED LEARNING NEEDS
SEC. 101. PROGRAM AUTHORIZED.
(a) Reservations.--From the amount appropriated under section 106
for a fiscal year, the Secretary shall reserve--
(1) one-half of 1 percent for allotments for the outlying
areas, in proportion to the relative amount such outlying areas
received under part A of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) for
the preceding fiscal year; and
(2) one-half of 1 percent for the Secretary of the
Interior, in consultation with the Secretary of Education, for
programs under this title in schools operated or funded by the
Bureau of Indian Education.
(b) State Allotments.--
(1) In general.--From the amount appropriated under section
106 (and not reserved under subsection (a)), the Secretary
shall allot grants to State educational agencies with an
approved application under section 102 in proportion to the
relative amount the States of such agencies received under part
A of title I of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6311 et seq.) for the preceding fiscal year.
(2) Reallotment.--If a State educational agency does not
receive a grant under this title for a fiscal year, the
Secretary shall reallot the amount of the grant to the
remaining State educational agencies in accordance with
paragraph (1).
(3) State reservations.--A State educational agency
receiving a grant under this subsection may reserve up to 5
percent of such grant for State level activities described
under section 102(c), of which not more than 1 percent may be
used for administrative purposes related to such activities.
(c) Local Allocations.--After making a reservation under subsection
(b)(3), a State educational agency shall allocate the remaining grant
amount received under this section to local educational agencies in the
State with an approved application under section 103 in proportion to
the relative amount such local educational agencies received under part
A of title I of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311 et seq.) for the preceding fiscal year.
SEC. 102. STATE APPLICATION AND ACTIVITIES.
(a) Secretarial Requirements.--The Secretary shall--
(1) not later than 15 days after the date of enactment of
this Act, issue a notice for applications; and
(2) not later than 15 days after receipt of an application,
approve or deny such application.
(b) State Application.--To receive a grant under section 101(b), a
State educational agency shall submit an application to the Secretary
at such time, in such manner, and requiring such information as the
Secretary may reasonably require. Such application shall--
(1) describe how the State educational agency will use
funds reserved under section 101(b)(3) to support local
educational agencies receiving allocations under section 101(c)
from the State educational agency;
(2) provide an assurance that the State educational agency,
and each local educational agency receiving an allocation under
section 101(c) from such State educational agency--
(A) will meet the requirements of section 105; and
(B) will widely inform the public by posting on its
website information on the availability of each school
extension program to be funded with such allocation in
an easily understandable format and in multiple
languages that parents can understand, to the extent
practicable;
(3) provide a description of the application the State
educational agency will use under section 103 for local
educational agencies to receive allocations; and
(4) provide an assurance that the State educational agency
will meet the maintenance of effort, maintenance of equity, and
supplement, not supplant requirements in subsections (d)
through (f), respectively.
(c) State Activities.--From funds reserved under section 101(b)(3),
a State educational agency--
(1) shall--
(A) provide technical assistance to local
educational agencies receiving an allotment under
section 101(c), with a priority for such local
educational agencies that serve--
(i) high percentages of low-income
children; and
(ii) high concentrations of students who
have been negatively or disproportionately
affected (academically, socially, and
emotionally) by the pandemic and school
closures;
(B) support local educational agencies in
coordinating with a designated regional educational
laboratory (as described in section 174 of the
Education Sciences Reform Act of 2002 (20 U.S.C. 9564))
to effectively use data and evidence-based strategies
to address learning recovery needs for students with
disabilities, minority children, English learners, and
low-income students;
(C) monitor the use of funds received by local
educational agencies receiving allocations under
section 101(c); and
(D) collect and analyze the data described under
section 104 from such local educational agencies; and
(2) may support existing activities to combat learning loss
due to COVID-19 as long as such activities meet the applicable
requirements of this title.
(d) State Maintenance of Effort.--A State educational agency
receiving a grant under this title shall maintain support for
elementary and secondary education for the fiscal year for which such
grant is received at least at the proportional levels of such State's
support for elementary and secondary education relative to such State's
overall spending, averaged over fiscal years 2017, 2018, and 2019.
(e) State Maintenance of Equity.--
(1) High-poverty local educational agencies.--For a fiscal
year in which a State educational agency receives a grant under
section 101(b), in a case in which a per-pupil reduction in
State funding occurs for any high-poverty local educational
agency in the State, such reduction may not exceed the overall
per-pupil reduction in State funds, if any, across all local
educational agencies in such State in such fiscal year.
(2) Local educational agencies with the highest share of
economically disadvantaged students.--For the fiscal year in
which a State educational agency receives a grant under section
101(b), the State educational agency may not reduce State
funding for the 20 percent of local educational agencies in the
State with the highest percentage of economically disadvantaged
students (based on the percentages of economically
disadvantaged students served by all local educational agencies
in the State) below the level of funding provided to such local
educational agencies in fiscal year 2019.
(f) Supplement, Not Supplant.--Funds made available to State
educational agencies under this title shall be used to supplement, and
not supplant, other Federal and non-Federal funds that would otherwise
be used for activities authorized under this title.
SEC. 103. LOCAL APPLICATION AND ACTIVITIES.
(a) Local Application.--To receive an allocation under section
101(c), a local educational agency shall submit an application to the
applicable State educational agency at such time, in such manner, and
requiring such information as the State educational agency may
reasonably require. Such application shall--
(1) describe how the local educational agency will use
funds to locate missing students and reengage the students and
their families with the school community;
(2) describe how the local educational agency plans to
facilitate family engagement to address concerns about student
learning, social-emotional well-being, and COVID-19 safety;
(3) describe how the local educational agency plans to
diagnose, measure, and reduce unfinished learning among
students, including vulnerable students;
(4) describe how the local educational agency plans to
implement evidence-based interventions and strategies that meet
the requirements of section 8101(21)(A)(i) of the Elementary
and Secondary Education Act of 1965 (25 U.S.C. 7801(21)(A)(i))
to address unfinished learning as a result of the COVID-19
pandemic;
(5) provide an assurance that the local educational agency
will carry out a school extension program;
(6) describe such program, including the provision of
evidence-based, intensive tutoring services for students;
(7) provide an assurance that the local educational agency
will seek public input on the design and implementation of such
program;
(8) provide an assurance that the local educational agency
will not charge a student or the student's family for
participation in such school extension program;
(9) provide an assurance that the local educational agency
will meet the requirements of subsection (d);
(10) provide an assurance that the local educational agency
will establish protocols for program operation related to the
COVID-19 pandemic, as applicable; and
(11) provide a description of how the local educational
agency will operationalize the assurance described in paragraph
(10), including--
(A) how staff will be trained in implementing such
protocols; and
(B) how the school day will be restructured due to
such protocols, including through--
(i) reduced class size;
(ii) split scheduling;
(iii) staggered meal times or locations;
(iv) changes in school bus routes, and more
frequent bus routes (with the utilization of
additional bus drivers); and
(v) special considerations necessary for
students who are medically at-risk.
(b) Local Uses.--
(1) Required uses.--A local educational agency that
receives an allocation under section 101(c) shall use such
allocation to carry out the following:
(A) Planning and implementation of not less than 1
school extension program at a school served by the
local educational agency, ensuring that the increased
learning time provided through such program focuses on
vulnerable students.
(B) Supporting salaries and benefits of school
leaders, teachers, counselors, paraprofessionals, and
other support staff involved with the school extension
program.
(C) Planning and implementing attendance
intervention strategies that reengage, rather than
punish, students and families within the school
community, including, to the extent practicable--
(i) public service announcements; and
(ii) utilizing languages understood by such
families in addition to English.
(D) Planning and implementing strategies to
reengage and monitor student reengagement during the
school extension program.
(2) Allowable uses.--A local educational agency that
receives an allocation under section 101(c) may use such
allocation to carry out the following:
(A) Administering and using high-quality
assessments that are valid and reliable to accurately
assess students' academic progress and assist educators
in meeting students' academic needs, including through
differentiating instruction.
(B) Providing professional development to
educators, paraprofessionals, and other staff on how
to--
(i) use assessments to individualize
academic instruction;
(ii) modify instruction and scheduling to
accelerate students' academic progress; and
(iii) address the social, emotional, and
learning needs of vulnerable students, which
may be in coordination with a regional
educational laboratory or the State educational
agency.
(3) Providing opportunities for evidence-based intensive
tutoring services for students as part of a school extension
program described in the local educational agency's
application, including by establishing or expanding
partnerships with evidenced-based tutoring interventions.
(4) Providing social, emotional, and mental health related
supports, including services provided by school counselors.
(5) Implementing universal screenings for adverse childhood
experiences and trauma and implementing interventions in
response to such screenings.
(6) Increasing student engagement in school through the
establishment or reestablishment of well-rounded educational
opportunities such as music and fine arts programming,
athletics programs, and reestablishing nonprofit and after-
school programs that promote student engagement and learning.
(7) Implementing culturally responsive practices.
(8) Covering overhead costs associated with keeping school
buildings open, if such school buildings would not otherwise be
open.
(9) Covering the costs of student transportation (in
addition to any previously existing student transportation
costs).
(10) Providing for technology to support learning for
students and teachers participating in school extension
programs.
(11) Supporting existing activities to combat learning loss
due to COVID-19 as long as such activities meet the applicable
requirements of this title.
(c) Priority for Services.--
(1) In general.--In selecting schools at which to carry out
the activities described in section 103(b), a local educational
agency shall give priority to the following schools:
(A) An elementary school or secondary school that
participated in a schoolwide program under section 1114
of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6314) during school year 2019-2020.
(B) A high school in which the percentage of
children from low-income families is at least as high
as the percentage of children from low-income families
served by the local educational agency as a whole
during school year 2019-2020 at elementary schools and
secondary schools that do not meet the requirements of
subparagraph (A).
(2) Measure of poverty in secondary schools.--In measuring
the number of students in low-income families in secondary
schools for purposes of paragraph (1)(B), a local educational
agency shall use the measure of poverty described in section
1113(a)(5)(B)(ii) of the Elementary and Secondary Education of
1965 (20 U.S.C. 6313(a)(5)(B)(ii)), except that the local
educational agency shall not be required to meet the conditions
of section 1113(a)(5)(C) of such Act (20 U.S.C. 6313(a)(5)(C))
to use such measure.
(3) Measure of poverty in elementary schools.--In measuring
the number of students in low-income families in elementary
schools for purposes of paragraph (1)(B), a local educational
agency shall use the measure of poverty described in section
1113(a)(5)(A) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6313(a)(5)(A)).
(d) Maintenance of Equity for High-Poverty Schools.--With respect
to the fiscal year in which a local educational agency receives an
allocation under section 101(c)--
(1) in a case in which a per-pupil reduction in local
educational agency funding occurs for such fiscal year for any
high-poverty school served by such local educational agency,
such reduction may not exceed--
(A) the total reduction in local educational agency
funding for all schools served by the local educational
agency in such fiscal year (if any); divided by
(B) the aggregate number of children in average
daily attendance in all schools served by the local
educational agency in such fiscal year; and
(2) the local educational agency may not reduce per-pupil
staffing in any high-poverty school by an amount that exceeds--
(A) the total reduction in staffing in all schools
served by such local educational agency in such fiscal
year (if any); divided by
(B) the aggregate number of children in average
daily attendance in all schools served by the local
educational agency in such fiscal year.
SEC. 104. REPORTING REQUIREMENTS.
(a) Local Educational Agency.--
(1) In general.--Not later than 1 year after receiving an
allocation under section 101(b), and for each succeeding year
thereafter, a local educational agency shall report to the
State educational agency on the information described in
paragraph (2).
(2) Contents.--Each report under paragraph (1) shall
include the following information, disaggregated in accordance
with paragraph (3)--
(A) The number of students served in a school
extension program funded under this title.
(B) The number of missing students--
(i) who reenrolled at a school served by
the local educational agency; and
(ii) who did not reenroll at a school
served by the local educational agency.
(C) Which schools served by such agency received
services under a school extension program funded under
this title.
(D) The attendance and learning recovery
interventions implemented (including social and
emotional services) and how the interventions supported
students with disabilities, minority children, English
learners, and low-income students.
(E) Any student performance data from assessments
prior to the implementation of a school extension
program, and after the implementation of such program.
(3) Disaggregation.--
(A) In general.--Subject to subparagraph (B), the
information provided under subparagraphs (A) through
(C) of paragraph (2) shall be disaggregated by each of
the following subgroups:
(i) Each major racial and ethnic group.
(ii) Economically disadvantaged students as
compared to students who are not economically
disadvantaged.
(iii) Disability status.
(iv) English proficiency status.
(v) Gender.
(vi) Migrant status.
(vii) Homeless status.
(viii) Status as a child in foster care.
(B) Exception.--The disaggregation in subparagraph
(A) shall not be required in the case in which the
number of students in a subgroup would reveal
personally identifiable information about an individual
student.
(b) State Report to the Secretary.--
(1) State educational agency.--Each State educational
agency receiving funds under this title shall, on an annual
basis, compile, summarize, prepare, and submit a report on the
information reported to the State educational agency to the
Secretary.
(2) Secretary.--
(A) In general.--The Secretary shall summarize and
compile the reports submitted under paragraph (1).
(B) Report.--The Secretary shall submit to
Congress, and make publicly available, the summary and
compilation described in subparagraph (A).
SEC. 105. COLLECTIVE BARGAINING APPLICABILITY.
Nothing in this Act shall be construed to alter or otherwise affect
the rights, remedies, and procedures afforded school or local
educational agency employees under Federal, State, or local laws
(including applicable regulations or court orders) or under the terms
of collective bargaining agreements, memoranda of understanding, or
other agreements between such employees and their employers.
SEC. 106. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $37,500,000,000 for each of
fiscal years 2021 and 2022 to carry out this title.
TITLE II--INSTITUTE OF EDUCATION SCIENCES
SEC. 201. IN GENERAL.
The Director of the Institute of Education Sciences shall--
(1) not later than 30 days after the date of enactment of
this Act, begin to study interventions and strategies to
address learning recovery for all students, including students
with disabilities, minority children, English learners, and
low-income students; and
(2) disseminate, when available, the findings to State
educational agencies, local educational agencies, and other
appropriate entities.
SEC. 202. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary for fiscal years 2021 and 2022 to carry out this title, which
shall remain available through September 30, 2023.
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