[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5372 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 5372
To establish an Educational Equity Challenge Grant program administered
by the Department of Education.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 21, 2024
Ms. Warren (for herself, Mr. Blumenthal, and Mr. Markey) introduced the
following bill; which was read twice and referred to the Committee on
Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To establish an Educational Equity Challenge Grant program administered
by the Department of Education.
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 ``Educational Equity Challenge Grant
Act of 2024''.
SEC. 2. EDUCATIONAL EQUITY CHALLENGE GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Educational service agency.--The term ``educational
service agency'' has the meaning given the term in section 8101
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
(2) Eligible entity.--The term ``eligible entity''--
(A) means--
(i) a local educational agency;
(ii) a consortium of local educational
agencies;
(iii) a State educational agency;
(iv) an educational service agency;
(v) a partnership between a nonprofit
organization, including a provider of early
childhood education, an institution of higher
education, a community-based organization, or a
national intermediary, and 1 or more local
educational agencies; or
(vi) the Bureau of Indian Education; and
(B) shall not include any for-profit entity.
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(4) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(6) State educational agency.--The term ``State educational
agency'' has the meaning given the term in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(b) Establishment of Program.--The Secretary shall establish an
Educational Equity Challenge Grant program through which the Secretary
awards grants to eligible entities to--
(1) adopt and implement evidence-based activities,
strategies, and interventions to address academic, social-
emotional, mental, behavioral, and physical health needs,
including ones associated with the COVID-19 pandemic that meet
the standard of evidence described in section 8101(21)(A)(i) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801(21)(A)(i)); or
(2) design or replicate and implement field- and educator-
initiated proposals to address academic, social-emotional,
mental, behavioral, and physical health needs, including ones
associated with the COVID-19 pandemic that--
(A) are independently evaluated by the grantee for
efficacy; and
(B) meet the standard of evidence described in
section 8101(21)(A)(i) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801(21)(A)(i)).
(c) Allocation of Funds.--
(1) Administrative expenses.--The Secretary may use not
more than 5 percent of funds available to carry out this
section for administration of the Educational Equity Challenge
Grant program, including technical assistance, collaboration
with other relevant agencies, and dissemination of best
practices.
(2) Reservation for tribes.--From amounts appropriated to
carry out this section for a fiscal year and not used under
paragraph (1), the Secretary shall reserve 5 percent to award
grants to the outlying areas and the Bureau of Indian Education
to carry out activities described in this section in schools
operated or funded by the Bureau of Indian Education.
(3) Evidence-based and field-initiated proposals.--From the
funds remaining after carrying out paragraphs (1) and (2), in
awarding grants under this section, the Secretary shall ensure
that--
(A) 75 percent of the grant funds are awarded to
evidence-based proposals, as described in subsection
(b)(1); and
(B) 25 percent of the grant funds are awarded to
field- and educator-initiated proposals, as described
in subsection (b)(2).
(4) Rural areas.--
(A) In general.--From the funds remaining after
carrying out paragraphs (1) and (2), in awarding grants
under this section, the Secretary shall ensure that not
less than 25 percent of the grant funds are awarded to
eligible entities--
(i) that have a locale code of 32, 33, 41,
42, or 43, as determined by the Secretary; or
(ii) for which a majority of the schools to
be served by the program funded by the grant
awarded under this section to such an eligible
entity are designated with a locale code of 32,
33, 41, 42, or 43, or a combination of such
codes, as determined by the Secretary.
(B) Exception.--Notwithstanding subparagraph (A),
the Secretary shall reduce the amount of funds made
available under such subparagraph if the Secretary does
not receive a sufficient number of applications of
sufficient quality.
(5) Low-income students.--
(A) In general.--From the funds remaining after
carrying out paragraphs (1) and (2), in awarding grants
under this section, the Secretary shall ensure that not
less than 50 percent of the grant funds are awarded to
eligible entities that serve student populations in
which 20 percent or more of school-age children live in
low-income families, according to the most recent Small
Area Income and Poverty Estimates of the Bureau of the
Census.
(B) Exception.--Notwithstanding subparagraph (A),
the Secretary shall reduce the amount of funds made
available under such subparagraph if the Secretary does
not receive a sufficient number of applications of
sufficient quality.
(6) Rural and low-income students.--An eligible entity that
is described in paragraph (4)(A) and also described in
paragraph (5)(A) may count as an eligible entity under both
paragraphs for purposes of the requirements under such
paragraphs.
(d) Publication of Application.--Not later than 90 days after the
date of enactment of this Act, the Secretary shall--
(1) publish the applications for grants under this section;
and
(2) post on the public website of the Department of
Education resources regarding identified evidence-based
activities, strategies, and interventions.
(e) Applications.--An eligible entity that desires to receive a
grant under this section shall submit an application to the Secretary
at such time, in such manner, and accompanied by such information as
the Secretary may require, including the following:
(1) Identification by the eligible entity of the inequities
experienced by students with respect to academic progress and
social-emotional, mental, behavioral, and physical health
needs, including those associated with the COVID-19 pandemic,
identified through trauma-informed academic, social-emotional,
and health needs assessments or assessments used in multi-
tiered systems of support. Where possible, applicants shall
utilize existing assessments and validated tools, such as
surveys, to avoid duplicative or excessive student testing.
(2) The differential impact of the COVID-19 pandemic on
increased academic, social-emotional, mental, and physical
health needs for specific groups of students, including low-
income students, students of color and Native American
students, homeless students, migrant students, students in
foster care, English learners, students involved with the
juvenile justice system, and students with disabilities, and
other specific groups identified in section 1111(b)(2)(B)(xi)
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311(b)(2)(B)(xi)), in a manner that protects personally
identifiable information.
(3) The evidence-based strategies the eligible entity will
use to address these inequities if applying for a grant
described in subsection (b)(1).
(4) How academic, social-emotional, mental, behavioral, and
physical health, access to accelerated student learning and
mastery of content, and related outcomes will be measured,
including how the eligible entity will use existing assessments
and validated tools, such as surveys, to avoid duplicative or
excessive student testing.
(5) How the eligible entity will partner and seek ongoing
feedback with the parents, families, teachers,
paraprofessionals, local stakeholders, and community members,
including those from marginalized communities, to identify
academic, social-emotional, mental, behavioral, and physical
health needs of students and collaborate on provision of high-
quality services where appropriate.
(6) How the proposed strategies and interventions will
accelerate student learning, promote mastery of content, and
expand student access to and opportunity for well-rounded,
culturally and linguistically responsive, and rigorous
standards-aligned curricula.
(7) Identification by the eligible entity of the mental and
physical health inequities experienced by school staff that are
associated with or exacerbated by the COVID-19 pandemic.
(8) A proposed detailed budget, including how the applicant
plans to distribute funds among schools and groups of students
identified as highest need.
(9) For eligible entities that intend to carry out field-
and educator-initiated proposals described in subsection
(b)(2), a proposal for conducting an independent evaluation of
the effectiveness of the proposal.
(f) Priority.--In awarding grants under this section, the Secretary
shall give priority to applicants serving disproportionately higher
percentages of high-need students, including low-income students,
students of color and Native American students, homeless students,
migrant students, students in foster care, English learners, students
involved with the juvenile justice system, students with disabilities,
and students that have been disproportionately affected by the COVID-19
pandemic.
(g) Uses of Funds.--An eligible entity that receives a grant under
this section shall carry out 1 of the following:
(1) Implementation of evidence-based activities,
strategies, and interventions that meet the requirements
described in section 8101(21)(A)(i) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801(21)(A)(i)),
which shall include at least 1 of the following:
(A) Developing, administering, and using high-
quality, universally designed assessments that are
valid and reliable, to accurately assess students'
academic needs and progress and assist educators in
meeting students' academic needs, including through
differentiating instruction, progress monitoring, and
providing professional development on how to develop
universally designed, high-quality assessments that are
aligned with curricula or how to effectively implement
and use existing high-quality assessments for these
purposes.
(B) Supporting social and emotional learning,
including through integrated systems of support,
counseling, and the explicit teaching of cognitive,
social, and emotional skills and competencies, by
building social and emotional instruction into all
classes, and which may include instituting restorative
practices.
(C) Implementing school- and district-wide
practices that support students holistically, including
mental health services, early intervention and
prevention practices, trauma-informed practices, and
efforts to improve family engagement and staff well-
being.
(D) Implementing culturally and linguistically
responsive practices.
(E) Extending instructional time, which may
include--
(i) before or after school programs and
extending the school day or year, including
through summer learning programs; or
(ii) high-quality distance instruction,
during non-traditional school days and hours
(including during the summer), including
providing professional development to support
effective, personalized instruction.
(F) Implementing high-quality structured individual
or small group tutoring.
(G) Implementing and providing professional
development on the use of rigorous, culturally and
linguistically competent, universally designed, and
well-rounded curriculum.
(H) Recruiting and supporting racially, ethnically,
culturally, and linguistically diverse, well-prepared
educators, including those with disabilities, through
comprehensive State-accredited teacher preparation
programs.
(I) Implementing programs that promote school
racial and socioeconomic integration and diversity and
effective inclusion of students with disabilities.
(2) Design or replication and implementation of field- and
educator-initiated proposals--
(A) that meet the standard of evidence described in
section 8101(21)(A)(ii) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801(21)(A)(ii));
(B) that demonstrate a promising approach;
(C) that include family and educator input into
their design and implementation; and
(D) that include activities, strategies, or
interventions that are independently evaluated and
published by the grantee for efficacy.
(h) Rule of Construction for Collective Bargaining.--Nothing in
this section shall be construed to alter or otherwise affect the
rights, remedies, and procedures afforded to 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 employers and their employees.
(i) Independent Evaluations.--An eligible entity that receives a
grant for activities described in subsection (b)(2) shall--
(1) conduct an independent evaluation for efficacy, which
shall--
(A) estimate the impact of the interventions
carried out under the grant (as implemented at the
proposed level of scale on a relevant outcome for
individual groups of students); and
(B) be made broadly available digitally and free of
charge, through formal (including peer-reviewed
journals) and informal (including newsletters)
mechanisms and through posting on the Department of
Education's public website; and
(2) cooperate with any technical assistance provided by the
Department of Education or the contractor of the Department and
comply with the requirements of any evaluation of the program
conducted by the Department.
(j) Reports.--
(1) Grantees.--An eligible entity that receives a grant
under this section shall submit an annual report to the
Secretary describing--
(A) the proposed and actual uses of funds,
including a description of how much funding supported
which evidence-based interventions;
(B) how funds were used and their effect on student
access to accelerated student learning and mastery of
content and academic, social-emotional, mental,
behavioral, and physical health outcomes, which may
include success measures such as school culture
surveys, workplace culture surveys, family feedback,
and existing diagnostic or formative assessments,
disaggregated by the specific groups identified in
section 1111(b)(2)(B)(xi) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C.
6311(b)(2)(B)(xi)), in a manner that protects
personally identifiable information;
(C) how the State educational agency or local
educational agency distributed funds, including any
formula or methodology that was used, to schools served
by such agency to meet the academic, social-emotional,
mental, behavioral, and physical health needs of
students who have been disproportionately affected by
the lasting impact of the COVID-19 pandemic, including
students from low-income families, children with
disabilities, English learners, students of color,
students experiencing homelessness, children and youth
in foster care, migrant children, and students involved
with the juvenile justice system; and
(D) how the grant funds were supplemented with
State and local funds targeted to disproportionately
affected students as described in subparagraph (B),
including funds appropriated through State formula
grants to local educational agencies.
(2) Reports to congress.--Beginning 1 year after the first
grants are awarded under this section, and annually thereafter,
the Secretary shall submit and digitally publish a report to
Congress detailing--
(A) the basis on which grants were awarded;
(B) eligible entities that received grants and
amount of funding received by each grantee;
(C) the proposed and, as available, actual uses of
funds, including a description of how much funding
supported which evidence-based interventions;
(D) available outcomes of the grants related to
student learning and social-emotional, mental,
behavioral, and physical health, disaggregated by the
specific groups identified in section 1111(b)(2)(B)(xi)
of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6311(b)(2)(B)(xi)), in a manner that
protects personally identifiable information; and
(E) the technical assistance activities of the
Department of Education and costs of these activities,
dissemination costs, and costs of other activities
supported by the set-aside for the Department of
Education.
(k) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $15,000,000,000 for each of the fiscal years 2025
through 2027;
(2) $10,000,000,000 for each of the fiscal years 2028
through 2031; and
(3) $5,000,000,000 for each of the fiscal years 2032
through 2034.
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