[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10547 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 10547
To amend the Elementary and Secondary Education Act to expand the
Magnet Schools Assistance Program.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 20, 2024
Mr. Courtney (for himself, Mrs. Hayes, and Mr. Bishop of Georgia)
introduced the following bill; which was referred to the Committee on
Education and the Workforce
_______________________________________________________________________
A BILL
To amend the Elementary and Secondary Education Act to expand the
Magnet Schools Assistance Program.
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 ``Magnet Schools Accessibility,
Growth, and Nonexclusionary Enrollment Transformation Act'' or the
``MAGNET Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Studies have found that the academic benefits of
attending integrated schools for students of color include--
(A) higher achievement in mathematics, science,
language, and reading;
(B) school climates supportive of learning and
studying;
(C) increased likelihood of graduating from high
school and entering and graduating from college;
(D) higher income and educational attainment; and
(E) increased access to highly qualified teachers
and leaders who are less likely to transfer to other
schools.
(2) The benefits of integrated schools extend to all
students regardless of race or socioeconomic background. On
average, students in socioeconomically and racially diverse
schools have stronger academic outcomes than students in
schools with concentrated poverty. Students in diverse schools
have higher test scores, are more likely to enroll in college,
and are less likely to drop out. Integrated schools help reduce
racial bias and counter stereotypes, as well as foster
friendships across diverse groups, improve students'
satisfaction and self-confidence, and enhance leadership
skills.
(3) Students of color attending schools that are highly
segregated by race and poverty are deprived of the benefits of
integrated education. These schools are characterized by
resource inequities that translate into large proportions of
inexperienced and underprepared educators and a lack of
rigorous coursework, which have negative consequences for
students' academic outcomes as measured by performance on
standardized achievement tests and high school graduation
rates.
(4) A 2019 study of every school district in the United
States found that higher racial segregation contributes to a
greater magnitude of achievement gaps in 3rd grade, and
increases the rate at which gaps grow from 3rd to 8th grade,
for students of color.
(5) A recent Government Accountability Office report found
that more than a third of students in the United States
attended a school where 75 percent or more of students were of
a single race or ethnicity and 14 percent of students attended
schools where 90 percent or more of students were of a single
race or ethnicity. The report also found that 80 percent of
schools that were predominantly Black, Hispanic, and American
Indian or Alaska Native had a high percentage of students from
low-income families.
(6) A study reviewing 8 years of data from all United
States school districts found that racial segregation appears
to undermine achievement, in part, because it concentrates
minority students in high-poverty schools, which are, on
average, less effective than lower-poverty schools and tend to
be under-resourced.
(7) Research shows that students' exposure to other
students from different backgrounds and the new ideas and
opportunities that such exposure brings leads to improved
critical thinking and problem-solving skills. Other benefits of
attending diverse schools include increased civic participation
in a diverse global economy and increased likelihood of living
in integrated neighborhoods and holding jobs in integrated
workplaces as adults.
(8) Research finds that magnet schools that most
effectively foster school diversity share common features,
including incorporation of integration into school design,
ongoing family engagement, implementation of inclusive
enrollment practices, and provision of free transportation. In
addition, whole school magnets in which all students in the
school can participate in the programming can be more diverse
than in-school magnet programs.
SEC. 3. PURPOSE.
The purpose of this Act is to amend the Magnet Schools Assistance
Program under part D of title IV of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7231 et seq.)--
(1) to create a supplemental diversity grant for aspiring
magnet school programs to adopt effective practices designed to
further desegregation aims and promote racial and socioeconomic
diversity; and
(2) to supplement voluntary State efforts to promote inter-
district diversity.
SEC. 4. AMENDMENTS TO MAGNET SCHOOLS ASSISTANCE PROGRAM.
Part D of title IV of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7231 et seq.) is amended--
(1) in section 4403, by striking ``eligible local
educational agencies, and consortia of such agencies'' and
inserting ``State educational agencies, eligible local
educational agencies, and consortia of eligible local
educational agencies'';
(2) in section 4404--
(A) in the matter preceding paragraph (1)--
(i) by striking ``local educational agency,
or consortium of such agencies'' and inserting
``State educational agency, local educational
agency, or consortium of local educational
agencies'';
(ii) by inserting ``(except as provided
under section 4408A)'' after ``under this
part''; and
(B) in paragraph (2), by striking ``local
educational agency, or consortium of such agencies''
and inserting ``State educational agency, local
educational agency, or consortium of local educational
agencies'';
(3) in section 4405--
(A) in subsection (a)--
(i) by striking ``An eligible local
educational agency, or consortium of such
agencies'' and inserting ``A State educational
agency, eligible local educational agency, or
consortium of eligible local educational
agencies''; and
(ii) by inserting ``(except as provided
under section 4408A)'' after ``under this
part''; and
(4) in section 4406--
(A) in the matter preceding paragraph (1)--
(i) by striking ``In awarding'' and
inserting the following:
``(a) In General.--In awarding''; and
(ii) by inserting ``(except as provided
under section 4408A)'' after ``under this
part'';
(B) by striking paragraph (3);
(C) by redesignating paragraph (4) as paragraph
(3);
(D) in paragraph (3), as redesignated by
subparagraph (C), by striking the period at the end;
and
(E) by adding at the end the following:
``(4) propose to establish whole-school magnet schools
through proposing to design and implement schools that
incorporate integration into school design, mission, structure,
focus, and goals, over the placement of a specialized magnet
program in a non-magnet public school;
``(5) propose to newly implement or continue the
implementation of inter-district public school choice programs,
and propose magnet schools constructed or placed in a location
that optimizes diversity and accessibility to transportation
for low-income students;
``(6) propose to improve the diversity and performance of
the local educational agency, consortium of local educational
agencies, or State as a whole versus focusing on improvements
confined to an individual school; or
``(7) propose to design and implement inclusive enrollment
practices, such as utilizing weighted lotteries and other
inclusive and accessible practices that are consistent with the
latest research and evidence-based practices identified by the
Secretary.
``(b) Priority for Meeting Multiple Criteria.--In awarding grants
under this part, the Secretary shall give additional priority to
applicants that meet more than 1 criterion under subsection (a).'';
(5) in section 4407--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1)--
(I) by striking ``an eligible local
educational agency, or consortium of
such agencies'' and inserting ``a State
educational agency, eligible local
educational agency, or a consortium of
eligible local educational agencies'';
and
(II) by inserting ``(except as
provided under section 4408A)'' after
``under this part'';
(ii) in paragraph (6), by striking ``local
educational agency, or consortium of such
agencies'' and inserting ``State educational
agency, local educational agency, or consortium
of local educational agencies'';
(iii) in paragraph (7), by striking ``local
educational agency, or consortium of such
agencies'' and inserting ``State educational
agency, local educational agency, or consortium
of local educational agencies'';
(iv) in paragraph (8), by striking ``local
educational agency, or consortium of such
agencies'' and inserting ``State educational
agency, local educational agency, or consortium
of local educational agencies''; and
(v) in paragraph (9)(B), by inserting ``the
State educational agency or'' before ``the
eligible local educational agency'';
(B) in subsection (b), by inserting ``(except as
provided under section 4408A)'' after ``under this
part''; and
(C) by adding at the end the following:
``(c) Technical Assistance for Novice or First-Time Applicants.--
``(1) In general.--A State educational agency, an eligible
local educational agency, or a consortium of eligible local
educational agencies, that is a novice or first-time applicant
for a grant under this part and receives a grant under this
part may use not more than 1 percent of the grant funds for
technical assistance in implementing the magnet school plan.
``(2) Definition of novice.--In this subsection, the term
`novice', when used with respect to an applicant, means as
applicant that applied for a grant under this part previously
but did not receive such a grant.'';
(6) in section 4408--
(A) in subsection (b)--
(i) by striking ``A local educational
agency, or consortium of such agencies,'' and
inserting ``A State educational agency, local
educational agency, or consortium of local
educational agencies''; and
(ii) by inserting ``(except as provided
under section 4408A)'' after ``under this
part'';
(B) in subsection (c)--
(i) by striking ``a local educational
agency, or a consortium of such agencies,'' and
inserting ``a State educational agency, local
educational agency, or consortium of local
educational agencies''; and
(ii) by inserting ``(except as provided
under section 4408A)'' after ``under this
part''; and
(C) in subsection (d), by inserting ``(except as
provided under section 4408A)'' after ``under this
part''; and
(7) by striking section 4409 and inserting the following:
``SEC. 4409. AUTHORIZATION OF APPROPRIATIONS; RESERVATION.
``(a) Authorization.--There are authorized to be appropriated to
carry out this part such sums as may be necessary for fiscal years 2025
through 2029.
``(b) Use of Funding.--From the total amount appropriated under
subsection (a) for any fiscal year, the Secretary shall expend not less
than $109,000,000 to carry out this part, except for section 4408A. The
Secretary may use any amounts appropriated under subsection (a) for a
fiscal year that are in excess of $109,000,000 to carry out section
4408A.
``(c) Reservation for Technical Assistance.--The Secretary may
reserve not more than 1 percent of the funds appropriated under
subsection (a) for any fiscal year to provide technical assistance and
share best practices with respect to magnet school programs assisted
under this part.
``(d) Availability of Funds for Grants to Agencies Not Previously
Assisted.--In any fiscal year for which the amount appropriated
pursuant to subsection (a) exceeds $75,000,000, the Secretary shall
give priority in using such amounts in excess of $75,000,000 to
awarding grants to State educational agencies, local educational
agencies, or consortia of local educational agencies that did not
receive a grant under this part in the preceding fiscal year.''.
SEC. 5. MAGNET SCHOOLS ASSISTANCE PROGRAM SUPPLEMENTAL DIVERSITY GRANT.
Part D of title IV of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7231 et seq.) is amended by inserting after section
4408 the following:
``SEC. 4408A. SUPPLEMENTAL DIVERSITY GRANTS.
``(a) In General.--The Secretary, in accordance with this section,
is authorized to award grants to eligible entities--
``(1) that have not received a grant under this part during
the 3-year period preceding the date of the grant award under
this section; and
``(2) that are looking to adopt additional effective,
evidence-based practices designed to further desegregation aims
and promote diversity.
``(b) Eligibility, Application, and Other Requirements.--
``(1) Eligibility.--For the purposes of this section, the
term `eligible entity' means a local educational agency,
consortium of such agencies, or State educational agency,
including an agency or consortium that is described in
paragraph (1) or (2) of section 4404.
``(2) Applications.--An eligible entity desiring to receive
a grant under this section shall submit an application to the
Secretary at such time, in such manner, and containing such
information and assurances as the Secretary may reasonably
require.
``(3) Information and assurances.--Each application
submitted under paragraph (1) shall include--
``(A) a description of--
``(i) how a grant awarded under this
section will be used to promote socioeconomic
and racial integration, and implement evidence-
based practices, including any evidence, or if
such evidence is not available, a rationale
based upon current research findings, to
support the grant promoting socioeconomic and
racial integration;
``(ii) how the applicant will construct
inclusive enrollment practices, such as
utilizing weighted lotteries and other
inclusive and accessible practices that are
consistent with the latest research and
evidence-based practices identified by the
Secretary;
``(iii) whether the applicant--
``(I) has ever engaged in any
voluntary desegregation effort, and to
what extent such efforts have increased
student diversity and decreased racial
or socioeconomic isolation in schools
served by such applicant; and
``(II) is engaged in any voluntary
desegregation effort on the date of
submitting the application, and to what
extent;
``(iv) how the applicant will ensure that
families from a multitude of racial, ethnic,
socioeconomic, and linguistic backgrounds are
aware of magnet schools and the application
process, including a description of--
``(I) the variety of platforms
(such as social media, print,
television, and radio) the applicant
will use to make families aware of
magnet schools and the application
process;
``(II) the language spoken by
students and families in the region the
applicant covers and how the applicant
will make information on magnet schools
and the application process available
in these languages; and
``(III) how to enter a lottery or
other inclusive enrollment pool for
magnet schools;
``(v) the manner and extent to which the
proposed activities will increase student
academic achievement in the instructional area
offered by the school, including any evidence,
or if such evidence is not available, a
rationale based on current research findings,
to support the activities increasing student
academic achievement;
``(vi) how the applicant will support the
social and emotional learning of students;
``(vii) how the applicant will implement
restorative school discipline policies that
reduce the use of suspension and expulsion and
improve overall school climate;
``(viii) how the applicant will assess,
monitor, and evaluate the impact of the
activities funded under this section on student
achievement, integration, and overall school
climate by developing a data plan that--
``(I) is aligned to a clear vision
for equity, with specific criteria for
determining racial or socioeconomic
segregation and a target for reducing
these conditions;
``(II) monitors the goal of
reducing racial segregation by tracking
multiple measures of success (including
by enrollment, graduation rates,
academic achievement, academic growth,
and social-emotional outcomes);
``(III) disaggregates data across
subgroups of students, as defined in
section 1111(c)(2); and
``(IV) ensures data collected are
accessible, with opportunities to
include stakeholder feedback in a
timely manner;
``(ix) how grant funds under this section
will be used to--
``(I) improve student academic
achievement for all students attending
the magnet school programs;
``(II) close historic opportunity
and achievement gaps between each of
the subgroups of students, defined in
section 1111(c)(2), attending the
magnet school programs; and
``(III) implement services and
activities that are consistent with
other programs under this Act, as
appropriate; and
``(x) how the magnet program funded by the
grant will improve the overall quality of the
school district the program is housed within;
and
``(B) the same assurances described in section
4405(b)(2).
``(4) Applications from state educational agencies.--A
State educational agency that submits an application under
paragraph (1) shall describe how, specifically, the State views
magnet schools as a solution to promote integration in the
State.
``(c) Priority.--
``(1) In general.--In awarding grants under this section,
the Secretary shall give priority to applicants that--
``(A) have integration embedded into school design,
mission, structure, focus, and goals;
``(B) propose to design and implement inclusive
enrollment practices, such as utilizing weighted
lotteries and other inclusive and accessible practices
that are consistent with the latest research and
evidence-based practices identified by the Secretary;
``(C) continue to experience pronounced disparities
in educational opportunities between each of the
subgroups of students, defined in section 1111(c)(2),
and propose to use funds to carry out evidence-based
practices to reduce such disparities;
``(D) demonstrate a commitment to furthering inter-
district diversity through partnerships with
neighboring local educational agencies in States that
allow for these types of partnerships;
``(E) demonstrate the provision of free and
accessible transportation for students to attend the
magnet school programs served by such grant funds; or
``(F) demonstrate a commitment to authentically
engaging families and community members from a
multitude of racial, ethnic, socioeconomic, and
linguistic backgrounds at all stages in the magnet
program's development and operations.
``(2) Priority for meeting multiple criteria.--In awarding
grants under this section, the Secretary shall give additional
priority to applicants that meet more than 1 criterion under
paragraph (1).
``(d) Use of Funds.--Grant funds made available under this section
may be used by an eligible entity to support any of the following:
``(1) Activities that promote socioeconomic and racial
integration in schools, including evidence-based practices to
increase student diversity and decrease racial or socioeconomic
isolation in schools, such as--
``(A) providing for ongoing data collection and
evaluation activities to promote continuous improvement
that ensures fidelity of magnet implementation;
``(B) developing and refining diversity goals for
magnet school enrollment; and
``(C) ensuring student recruitment for magnet
schools includes students in public housing within the
boundaries of the school district, if it exists.
``(2) Activities that increase the capacity of existing
facilities to house specialized magnet programs or convert
entirely to magnet schools, such as--
``(A) providing not more than 15 percent of the
grant funds for making infrastructure improvements and
necessary equipment purchases to enable an existing
public school facility to effectively develop,
implement, and operate a thematic magnet school
program; and
``(B) allowing existing facilities or schools to
transition entirely to a magnet school rather than a
traditional school housing a magnet program.
``(3) Enrollment management activities that promote a more
diverse classroom and safe learning environment, such as--
``(A) supporting enhanced selection and recruitment
materials and activities (including parent tours, open
houses, and revised marketing materials);
``(B) providing free and accessible transportation
for students to attend the magnet school; and
``(C) funding an individual employed by the
eligible entity to devote at least a majority of the
employee's time to enrollment activities, including
reaching underserved communities to support the
school's diversity goals.
``(4) Activities that strengthen the educator pipeline for
magnet school programs, such as--
``(A) forging partnerships with nearby institutions
of higher education with comprehensive educator
preparation programs that incorporate extensive
clinical practice and experience, including
historically Black colleges and universities, Tribal
Colleges and Universities, and other minority-serving
institutions, to recruit educators with a stated desire
to work in a magnet program served by the eligible
entity; and
``(B) hiring prospective educators who are
instructional area specialists, defined as educators
with a specialized knowledge of an instructional area
that is gained over not less than 10 years of work
experience in a relevant field, to teach at magnet
programs served by the eligible entity.
``(5) Activities that support a rigorous, well-rounded
curriculum and high-quality instruction, such as--
``(A) providing ongoing professional development to
educators, principals, other school leaders,
specialized instructional support personnel, and other
staff (such as cultural competency training, job-
embedded coaching, social and emotional learning,
activities that support college, career, and life
readiness, and other activities);
``(B) creating culturally responsive teaching and
learning environments;
``(C) offering school staff members opportunities
for networking and attending conferences;
``(D) encouraging theme integration throughout the
curriculum and curriculum writing;
``(E) updating equipment and resources, such as by
utilizing supplemental materials to enhance and enrich
the magnet theme and developing multiple assessments to
engage different types of learners; and
``(F) developing and implementing opportunities for
students to participate in experiential learning,
including through field trips and meaningful project-
based learning.
``(6) Activities that support family engagement, such as--
``(A) planning community events specifically geared
toward supporting low-income families, such as through
purchasing food, providing subsidies or passes for
local public transportation services, and providing
subsidies for child care services while parents are
engaging with the magnet school;
``(B) establishing schools housing magnet programs
as centerpieces of their community through outreach and
wraparound services;
``(C) creating a community advisory board,
demographically reflective of both the local community
where the magnet school is located and the broader
community of students planning to attend the magnet
school, to assist the magnet school in providing
support and guidance in the selection and
implementation of their respective theme;
``(D) providing opportunities for families to
participate in exploration of the magnet theme, guest
speaker presentations, and author visits; and
``(E) inviting parents to be a part of the
recruitment team that helps promote the magnet program.
``(7) Strengthening partnerships in the community, such as
developing community partnerships with businesses, health and
human services agencies, and other entities that enhance and
support the magnet theme and provide rich learning and
educational experiences for students.
``(8) Activities that support inter-district or regional
integration, such as--
``(A) collaborating with urban and suburban
districts in a comprehensive regional plan;
``(B) providing financial incentives to help
receiving schools cover the cost of transferring
students;
``(C) creating a clear vision for equity that
includes a set of goals and benchmarks, which are
responsive to realistic timelines and local factors,
for achieving greater diversity, educational quality,
and equity for targeted student subgroups that are
specific to the region;
``(D) establishing a measurable definition of and
means to reduce racial isolation at school and
classroom levels;
``(E) investing in regional magnet programs,
capital improvements, and educator professional
development that raise the quality of schooling options
available in all districts;
``(F) developing marketing campaigns that build
strong and accessible systems of public information
around schooling options; and
``(G) offering services for transfer students and
families that include transportation, school
counseling, and family liaisons.
``(9) Activities that support the implementation of
restorative discipline policies that reduce the use of
suspension and expulsion and improve overall school climate.
``(e) Prohibition.--The Secretary shall not award a grant under
this section to an eligible entity that plans to establish, or has in
place, application fees or admissions criteria related to fees.
``(f) Limitations.--
``(1) Duration of awards.--A grant under this section shall
be awarded for a period that shall not exceed 5 fiscal years.
``(2) Amount.--No grant awarded under this section to an
eligible entity shall exceed $7,500,000 for the grant period.
``(g) Reporting and Accountability.--
``(1) Reports.--Each eligible entity that receives a grant
under this section shall, on an annual basis, prepare and
submit a report to the Secretary containing information about--
``(A) how the grant funds were used;
``(B) how the grant recipient widely distributed
information about the magnet school funded by the grant
in an accessible manner;
``(C) the immediate and projected near-term impact,
over the remaining period of the grant, that the grant
funds had and will have on increasing socioeconomic or
racial diversity, or both, in schools served by the
eligible entity, or in magnet school programs served by
such entity, or both;
``(D) how, if applicable, the grant funds fostered
inter-district diversity;
``(E) how the grant funds increased student
academic achievement in the instructional area offered
by the magnet school or local educational agency, or
both;
``(F) how the grant funds improved academic
achievement of all students across all subjects in
schools served by the eligible entity;
``(G) how the grant funds improved students' access
to well-rounded curriculum and prepared, qualified
educators; and
``(H) how the grant funds improved the quality of
education for students attending the magnet school
program or schools served by the eligible entity, or
both, measured by a tangible increase in access to
other opportunities outlined in subsection (b)(2).
``(2) Making reports public.--The Secretary shall, on an
annual basis, make public the reports received under paragraph
(1).
``(3) Accountability.--
``(A) In general.--The Secretary shall pursue
enforcement actions against a grant recipient under
this section that fails to demonstrate the improvements
described in subparagraphs (C) through (H) of paragraph
(1).
``(B) Written notice of concerns.--
``(i) In general.--In a case in which the
Secretary determines that it is not clear that
grant funds awarded under this section to a
grant recipient are making a tangible and
noticeable improvement in the areas described
in subparagraphs (C) through (H) of paragraph
(1), the Secretary shall, after 2 fiscal years,
provide a written notice to the grant recipient
containing the Secretary's concerns regarding
the recipient's use of grant funds.
``(ii) Response.--A grant recipient that
receives a written notice under clause (i)
shall, not later than 90 days after the date of
receipt of the notice, submit to the Secretary
a plan for addressing the Secretary's concerns
not later than 1 year after the date of receipt
of the notice.
``(C) Failure to demonstrate improvements.--In a
case in which the Secretary determines that a grant
recipient has not addressed the Secretary's concerns in
accordance with subparagraph (B)(ii), the Secretary
shall provide a written notice to the grant recipient--
``(i) to return the remainder of the grant
funds not later than 90 days after the date of
receipt of the written notice; or
``(ii) if the grant awarded to the
recipient is disbursed on an annual basis, that
the recipient will no longer receive a grant
under this section.''.
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