[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 980 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 980
To restrict funds to local educational agencies that have obligated
previously appropriated funds and reopen schools for in-person
learning.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 25, 2021
Mr. Hagerty introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To restrict funds to local educational agencies that have obligated
previously appropriated funds and reopen schools for in-person
learning.
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 ``Reopen for Kids Act''.
SEC. 2. FUNDING FOR REOPENING.
(a) No New Funds Until Available Funds Are Obligated.--
Notwithstanding any other provision of law, no funds appropriated under
part 1 of subtitle A of title II of the American Rescue Plan Act of
2021 (Public Law 117-2) may be used to provide assistance to a local
educational agency to prevent, prepare for, or respond to the
coronavirus--
(1) while funds awarded to such local educational agency
under the Elementary and Secondary School Emergency Relief Fund
or Governor's Emergency Education Relief Fund under title VIII
of division B of the CARES Act (Public Law 116-136) or title
III of the Coronavirus Response and Relief Supplemental
Appropriations Act, 2021 (Public Law 116-260) remain
unobligated; and
(2) unless the local educational agency--
(A) submits a plan to the State educational agency
to provide full-day, in-person learning 5 days a week
for all students medically able to participate at all
public schools served by the local educational agency;
and
(B) fully implements such plan, except as provided
in subsection (b), not later than 14 days after the
date the State educational agency approves such plan.
(b) Amendment to Reopening Plan.--
(1) In general.--If a local educational agency determines
there is a significant rise in COVID cases in the area served
by the local educational agency after the plan described in
subsection (a)(2)(A) has been implemented, the local
educational agency may amend the plan.
(2) Amendment.--An amendment under paragraph (1)--
(A) shall be approved by the Governor, in
consultation with the local school board;
(B) may include a short-term reversion to part-time
or full-time virtual learning, if warranted by a
significant rise in COVID cases in the area served by
the local educational agency; and
(C) shall specify a date by which, or conditions
under which, the local educational agency will return
to providing in-person learning as described in
subsection (a)(2)(A).
(c) Return of Funds.--
(1) In general.--A local educational agency that, as
determined by the State educational agency, fails to implement
the plan described in subsection (a)(2)(B) not later than 14
days after the date the State educational agency approves such
plan, shall return to the State--
(A) 75 percent of the funds received by the end of
the first 7 days the implementation of the plan is
delayed beyond the 14 days; and
(B) the remaining 25 percent of the funds received
by the end of the second 7 days the implementation of
the plan is delayed beyond the 14 days.
(2) Coming into compliance.--Notwithstanding paragraph (1),
a local educational agency that implements the plan within 14
days of being in noncompliance shall be eligible to receive the
full amount under part 1 of subtitle A of title II of the
American Rescue Plan Act of 2021 (Public Law 117-2) for which
the agency is eligible.
(3) Funds to be returned to treasury.--A State shall return
all funds returned to the State under paragraph (1) to the
general fund of the Department of the Treasury.
<all>