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S. 4261, Safely Creating Healthy Opening Options Locally Act

Summary

Senate bill 4261 of the 116th Congress, 2D Session, is the Safely Creating Healthy Opening Options Locally Act (SCHOOL Act), a bill to establish a grant program to assist elementary and secondary schools with reopening after closures related to COVID–19. Perdue introduced it on July 22, 2020, and it was referred to the Committee on Health, Education, Labor, and Pensions. Section 3 has the Secretary of Education, acting in partnership with the Secretary of Health and Human Services, award grants to local education agencies. Section 5 requires an online data clearinghouse that is publicly available online. Section 6 authorizes $50,000,000,000 to carry out section 3 and $500,000,000 to carry out sections 4 and 5.

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Issuer
Congressional materials
Document type
Bills Bills 116S4261Is Bills 116S4261Is
Case
Bills Bills 116S4261Is Bills 116S4261Is

Cite this document

“S. 4261, Safely Creating Healthy Opening Options Locally Act.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116s4261is-bills-116s4261is/, SHA-256 ae2ab9740769674e037fe606dbcb7b25e18dfd2dad704eb7111833f2500a63db.

Full text

                                                                                                                                                                          II




                                                                       116TH CONGRESS
                                                                          2D SESSION
                                                                                                              S. 4261
                                                                          To establish a grant program to assist elementary and secondary schools
                                                                         with reopening after closures related to COVID–19, and for other purposes.




                                                                                   IN THE SENATE OF THE UNITED STATES
                                                                                                    JULY 22, 2020
                                                                        Mr. PERDUE introduced the following bill; which was read twice and referred
                                                                              to the Committee on Health, Education, Labor, and Pensions




                                                                                                                 A BILL
                                                                       To establish a grant program to assist elementary and sec-
                                                                          ondary schools with reopening after closures related to
                                                                          COVID–19, and for other purposes.

                                                                         1              Be it enacted by the Senate and House of Representa-
                                                                         2 tives of the United States of America in Congress assembled,
                                                                         3     SECTION 1. SHORT TITLE.

                                                                         4              This Act may be cited as the ‘‘Safely Creating
                                                                         5 Healthy Opening Options Locally Act’’ or the ‘‘SCHOOL
                                                                         6 Act’’.
                                                                         7     SEC. 2. FINDINGS.

                                                                         8              Congress finds the following:




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                                                                         1                       (1) The absence of in-person learning has re-
                                                                         2              minded the Nation of how critical schools are for
                                                                         3              children, parents, families, and their communities.
                                                                         4                       (2) Our Nation’s goal is safely getting students
                                                                         5              back to school in the Fall. To do so successfully, our
                                                                         6              teachers and schools will need the support necessary
                                                                         7              to maintain safety.
                                                                         8                       (3) School districts must apply recommenda-
                                                                         9              tions from State and local health officials to ensure
                                                                       10               that students, teachers, and faculty can safely re-
                                                                       11               turn to the classroom.
                                                                       12      SEC. 3. STATE GRANT PROGRAM TO SAFELY REOPEN

                                                                       13                              SCHOOLS.

                                                                       14               (a) DEFINITIONS.—In this section:
                                                                       15                        (1) LOCAL EDUCATIONAL AGENCY.—The term
                                                                       16               ‘‘local educational agency’’ has the meaning given
                                                                       17               the term in section 8101 of the Elementary and Sec-
                                                                       18               ondary Education Act of 1965 (20 U.S.C. 7801).
                                                                       19                        (2) PERSONAL PROTECTIVE EQUIPMENT.—The
                                                                       20               term ‘‘personal protective equipment’’ has the mean-
                                                                       21               ing given the term in section 20005 of the CARES
                                                                       22               Act (Public Law 116–136).
                                                                       23                        (3) SECRETARY.—The term ‘‘Secretary’’ means
                                                                       24               the Secretary of Education.



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                                                                         1              (b) AUTHORIZATION OF GRANT PROGRAM.—From
                                                                         2 the amount appropriated to carry out this section, the Sec-
                                                                         3 retary, acting in partnership with the Secretary of Health
                                                                         4 and Human Services, shall award grants to local education
                                                                         5 agencies to enable those local educational agencies to carry
                                                                         6 out the activities described in subsection (d).
                                                                         7              (c) APPLICATIONS; AWARD CRITERIA.—
                                                                         8                       (1) APPLICATION.—A local educational agency
                                                                         9              desiring a grant under this section shall submit an
                                                                       10               application to the Secretary at such time, in such
                                                                       11               manner, and containing such information as the Sec-
                                                                       12               retary may require, including—
                                                                       13                                  (A) school reopening plans, which shall in-
                                                                       14                        clude—
                                                                       15                                         (i) a process for notifying parents of
                                                                       16                                  a    student’s             potential           interaction       with
                                                                       17                                  known cases of COVID–19 during school
                                                                       18                                  activities, which shall be carried out in a
                                                                       19                                  manner that complies with the require-
                                                                       20                                  ments under section 444 of the General
                                                                       21                                  Education              Provisions             Act        (20   U.S.C.
                                                                       22                                  1232g), commonly known as the ‘‘Family
                                                                       23                                  Educational Rights and Privacy Act of
                                                                       24                                  1974’’, and other applicable privacy laws,



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                                                                       25                                  and is developed and implemented in con-


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                                                                         1                                 sultation with administrators of the local
                                                                         2                                 educational agency and State and local
                                                                         3                                 public health officials; and
                                                                         4                                        (ii) a certification that those reopen-
                                                                         5                                 ing plans do not infringe on student suc-
                                                                         6                                 cess and meet the guidelines, recommenda-
                                                                         7                                 tions, and other public health communica-
                                                                         8                                 tions issued by the Centers for Disease
                                                                         9                                 Control and Prevention; and
                                                                       10                                  (B) information relating to the award cri-
                                                                       11                        teria described in paragraph (2).
                                                                       12                        (2) AWARD                 CRITERIA.—In                   awarding grants
                                                                       13               under this section, the Secretary shall determine
                                                                       14               which local educational agencies will receive a grant,
                                                                       15               and the amount of each such grant, after consid-
                                                                       16               ering school size, school setting, specific school
                                                                       17               needs, and timing of in-person classes.
                                                                       18               (d) USE OF FUNDS.—A local educational agency re-
                                                                       19 ceiving funds under this section shall use such funds to
                                                                       20 carry out one or more of the following:
                                                                       21                        (1) Purchasing personal protective equipment.
                                                                       22                        (2) Cleaning and disinfection of schools.
                                                                       23                        (3) Purchase of supplies necessary to carry out
                                                                       24               reopening plans described in subsection (c).



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                                                                         1                       (4) Paying costs associated with school compli-
                                                                         2              ance with guidelines, recommendations, and other
                                                                         3              public health communications issued by the Centers
                                                                         4              for Disease Control and Prevention, or a State, In-
                                                                         5              dian Tribe, Tribal organization, or locality related to
                                                                         6              mitigating the hazards presented by Coronavirus
                                                                         7              Disease 2019 (COVID–19).
                                                                         8     SEC. 4. CONNECTING HEALTH CARE PROFESSIONALS WITH

                                                                         9                             SCHOOLS.

                                                                       10               (a) IN GENERAL.—The Secretary, in partnership
                                                                       11 with the Secretary of Health and Human Services, shall
                                                                       12 develop a process for connecting health care professionals
                                                                       13 to schools in order to assist such schools with symptom
                                                                       14 checks, check-ins, and additional supports that schools
                                                                       15 need relating to Coronavirus Disease 2019 (COVID–19).
                                                                       16               (b) TELEHEALTH.—The Secretary shall work jointly
                                                                       17 with the Secretary of Health and Human Services to de-
                                                                       18 velop recommendations about how to expand access to
                                                                       19 telehealth services for students and teachers in areas with
                                                                       20 a shortage of health care professionals.
                                                                       21               (c) GUIDANCE ON REQUIREMENT FOR COVERAGE OF
                                                                       22 TESTING FOR COVID–19 IN SCHOOL SETTINGS.—Not
                                                                       23 later than September 8, 2020, the Secretary of Health and
                                                                       24 Human Services shall issue guidance clarifying that the



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                                                                       25 requirement under section 6001(a)(1) of the Families


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                                                                         1 First Coronavirus Response Act (Public Law 116–127),
                                                                         2 as amended by the CARES Act (Public Law 116–136),
                                                                         3 applies in the case of items and services furnished to an
                                                                         4 individual during a health care provider office visit that
                                                                         5 occurs in a school setting through telehealth, to the extent
                                                                         6 provided in such section.
                                                                         7              (d) GUIDANCE ON PROVIDING REIMBURSEMENT FOR
                                                                         8 TELEHEALTH SERVICES PROVIDED IN A SCHOOL-BASED
                                                                         9 SETTING UNDER MEDICAID AND CHIP.—Not later than
                                                                       10 September 8, 2020, the Secretary of Health and Human
                                                                       11 Services, through the Administrator of the Centers for
                                                                       12 Medicare & Medicaid Services, shall issue a State Health
                                                                       13 Official letter to advise directors of State Medicaid pro-
                                                                       14 grams under title XIX of the Social Security Act (42
                                                                       15 U.S.C. 1396 et seq.) and State Children’s Health Insur-
                                                                       16 ance Programs under title XXI of such Act (42 U.S.C.
                                                                       17 1397aa et seq.) on how States may provide for coverage
                                                                       18 under such programs for telehealth services furnished to
                                                                       19 students, teachers, and other school officials in a school-
                                                                       20 based setting, including actions States can take without
                                                                       21 Federal approval to provide coverage under such programs
                                                                       22 for such services.




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                                                                         1     SEC. 5. CLEARINGHOUSE OF BEST PRACTICES RELATING

                                                                         2                             TO SCHOOL REOPENING.

                                                                         3              (a) IN GENERAL.—The Secretary shall establish an
                                                                         4 online data clearinghouse to collect and maintain informa-
                                                                         5 tion relating to school reopening after school closures due
                                                                         6 to Coronavirus Disease 2019 (COVID–19), including best
                                                                         7 practices for such reopening.
                                                                         8              (b) CRITERIA                    FOR           CLEARINGHOUSE INFORMA-
                                                                         9     TION.—The                   information contained in such clearing-
                                                                       10 house—
                                                                       11                        (1) shall be evidence-based (as defined in sec-
                                                                       12               tion 8101 of the Elementary and Secondary Edu-
                                                                       13               cation Act of 1965 (20 U.S.C. 7801));
                                                                       14                        (2) shall not promote specific types of products;
                                                                       15               and
                                                                       16                        (3) shall be organized by school setting (such as
                                                                       17               urban, rural, or suburban), school size, and the age
                                                                       18               of students attending the school.
                                                                       19               (c) PUBLICLY AVAILABLE.—The online data clear-
                                                                       20 inghouse established under this section shall be publicly
                                                                       21 available online.
                                                                       22      SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

                                                                       23               There are authorized to be appropriated—
                                                                       24                        (1) $50,000,000,000 to carry out section 3; and




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                                                                       25                        (2) $500,000,000 to carry out sections 4 and 5.
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