Pandemic Darlings The pandemic economy, in original documents
Home Source documents S. 4917, Educator Jobs Fund Act of 2020

S. 4917, Educator Jobs Fund Act of 2020

Summary

S. 4917, the Educator Jobs Fund Act of 2020, was introduced November 18, 2020 by Mr. Booker and referred to the Committee on Health, Education, Labor, and Pensions. It would amend the CARES Act to support States and local educational agencies in responding to the COVID–19 pandemic. Section 2 states the purpose: funding so students do not lose access to high-quality educators due to State and local budget cuts, investing in educator pipelines, fiscal equity measures, and personal protective equipment for schools. Section 3 includes a finding that 468,800 jobs were lost in public school employment alone, according to the Economic Policy Institute.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Issuer
Congressional materials
Document type
Bills Bills 116S4917Is Bills 116S4917Is
Case
Bills Bills 116S4917Is Bills 116S4917Is

Cite this document

“S. 4917, Educator Jobs Fund Act of 2020.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116s4917is-bills-116s4917is/, SHA-256 4f111773fd71a3e3620b7bfbba168ab50e0e22ee98ef170df9b48fec3765f16d.

Full text

                                                                                                                                                                        II




                                                                     116TH CONGRESS
                                                                        2D SESSION
                                                                                                            S. 4917
                                                                     To amend the CARES Act to support States and local educational agencies
                                                                         in responding to the COVID–19 pandemic so that all students, especially
                                                                         historically underserved students, are provided with a safe, healthy, equi-
                                                                         table, and excellent education.




                                                                                 IN THE SENATE OF THE UNITED STATES
                                                                                               NOVEMBER 18, 2020
                                                                      Mr. BOOKER introduced the following bill; which was read twice and referred
                                                                            to the Committee on Health, Education, Labor, and Pensions




                                                                                                               A BILL
                                                                     To amend the CARES Act to support States and local edu-
                                                                        cational agencies in responding to the COVID–19 pan-
                                                                        demic so that all students, especially historically under-
                                                                        served students, are provided with a safe, healthy, equi-
                                                                        table, and excellent education.

                                                                       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 ‘‘Educator Jobs Fund
                                                                       5 Act of 2020’’.




pbinns on DSKJLVW7X2PROD with BILLS


                                      VerDate Sep 11 2014   04:40 Nov 24, 2020   Jkt 019200   PO 00000   Frm 00001   Fmt 6652   Sfmt 6201   E:\BILLS\S4917.IS   S4917
                                                                                                                                2
                                                                       1     SEC. 2. PURPOSE.

                                                                       2              The purpose of this Act is to support States and local
                                                                       3 educational agencies in responding to the COVID–19 pan-
                                                                       4 demic so that all students, especially historically under-
                                                                       5 served students, are provided with a safe, healthy, equi-
                                                                       6 table, and excellent education by—
                                                                       7                       (1) providing funding to ensure students do not
                                                                       8              lose access to high-quality educators due to State
                                                                       9              and local budget cuts;
                                                                     10                        (2) investing in educator pipelines to ensure
                                                                     11               students’ access to a well-prepared and diverse edu-
                                                                     12               cator workforce is not affected by the COVID–19
                                                                     13               pandemic;
                                                                     14                        (3) putting in place fiscal equity measures so
                                                                     15               students of color, students from families experi-
                                                                     16               encing low incomes, and other historically under-
                                                                     17               served students do not bare the budgetary brunt of
                                                                     18               the COVID–19 pandemic; and
                                                                     19                        (4) ensuring that schools are equipped with the
                                                                     20               personal protective equipment necessary to keep stu-
                                                                     21               dents, teachers, principals, other support staff, and
                                                                     22               families safe.
                                                                     23      SEC. 3. FINDINGS.

                                                                     24               Congress finds the following:




pbinns on DSKJLVW7X2PROD with BILLS
                                                                     25                        (1) Prior to the COVID–19 pandemic, the
                                                                     26               United States was already experiencing a shortage
                                                                                 •S 4917 IS

                                      VerDate Sep 11 2014   04:40 Nov 24, 2020   Jkt 019200   PO 00000   Frm 00002   Fmt 6652   Sfmt 6201   E:\BILLS\S4917.IS   S4917
                                                                                                                                3
                                                                       1              of more than 100,000 qualified teachers. Likewise,
                                                                       2              prior to the pandemic, public employment in elemen-
                                                                       3              tary schools and secondary schools had yet to re-
                                                                       4              cover the level it had reached prior to the losses of
                                                                       5              the Great Recession.
                                                                       6                       (2) According to the Economic Policy Institute,
                                                                       7              more K–12 public education jobs were lost in April
                                                                       8              than in all of the Great Recession—a loss of
                                                                       9              468,800 jobs in public school employment alone.
                                                                     10               Half of these losses were among special education
                                                                     11               teachers, tutors, and teaching assistants. Losses
                                                                     12               were also significant among counselors, nurses,
                                                                     13               custodians, and other building maintenance staff.
                                                                     14                        (3) An analysis from the Learning Policy Insti-
                                                                     15               tute found that if there is a 20-percent reduction in
                                                                     16               State contributions to education funding, this could
                                                                     17               result in the loss of nearly 460,000 teaching posi-
                                                                     18               tions nationwide, or over 12 percent of the public
                                                                     19               school teaching workforce. This is a more significant
                                                                     20               downsizing than witnessed during the Great Reces-
                                                                     21               sion, when significant Federal investment of about
                                                                     22               $110,000,000,000, including an Educator Job Fund,
                                                                     23               helped save 288,000 and 134,000 education jobs at
                                                                     24               different points in time.



pbinns on DSKJLVW7X2PROD with BILLS                                              •S 4917 IS

                                      VerDate Sep 11 2014   00:28 Nov 26, 2020   Jkt 019200   PO 00000   Frm 00003   Fmt 6652   Sfmt 6201   E:\BILLS\S4917.IS   S4917
                                                                                                                                4
                                                                       1                       (4) Teachers of color face unique barriers to en-
                                                                       2              tering and staying in the profession. For example,
                                                                       3              teachers of color are more likely to enter teaching
                                                                       4              through less comprehensive pathways due to the
                                                                       5              high cost of traditional teacher preparation pro-
                                                                       6              grams and the debt burden faced by college students
                                                                       7              of color. Lower quality pathways can result in less
                                                                       8              effective teaching and high turnover rates. Research
                                                                       9              shows that candidates who receive comprehensive
                                                                     10               preparation are 2 to 3 times more likely to stay in
                                                                     11               teaching than those who receive little training. In
                                                                     12               many cases, however, teachers of color are more like-
                                                                     13               ly to begin teaching without having completed com-
                                                                     14               prehensive preparation and enter instead through
                                                                     15               routes that include minimal or no student teaching
                                                                     16               or integration of key coursework, leaving teachers to
                                                                     17               learn on the job.
                                                                     18                        (5) Before the COVID–19 pandemic, enroll-
                                                                     19               ments in teacher preparation programs had been on
                                                                     20               a steady decline for years, dropping 39 percent for
                                                                     21               undergraduate and post-baccalaureate programs be-
                                                                     22               tween 2010 and 2017—resulting in over 277,000
                                                                     23               fewer professionals working their way toward the
                                                                     24               classroom. The economic impact of COVID–19



pbinns on DSKJLVW7X2PROD with BILLS
                                                                     25               threatens to put the ability to afford high-quality


                                                                                 •S 4917 IS

                                      VerDate Sep 11 2014   04:40 Nov 24, 2020   Jkt 019200   PO 00000   Frm 00004   Fmt 6652   Sfmt 6201   E:\BILLS\S4917.IS   S4917
                                                                                                                                5
                                                                       1              teacher preparation further out of reach for prospec-
                                                                       2              tive teacher of color who already faced higher afford-
                                                                       3              ability barriers prior to the pandemic than their
                                                                       4              white counterparts. Similarly, institutions of higher
                                                                       5              education—including under resourced Historically
                                                                       6              Black Colleges and Universities (HBCUs) and Mi-
                                                                       7              nority Serving Institutions (MSIs) of higher edu-
                                                                       8              cation—are under fiscal strain. Both phenomena
                                                                       9              threaten to further hinder students—especially his-
                                                                     10               torically underserved students—access to a well-pre-
                                                                     11               pared and diverse educator workforce.
                                                                     12                        (6) Historically Black Colleges and Universities
                                                                     13               (HBCUs) and Minority Serving Institutions (MSIs)
                                                                     14               of higher education have an outsized role in pre-
                                                                     15               paring teachers of color. For example, despite the
                                                                     16               fact that only 14.2 percent of all public school teach-
                                                                     17               ers earned their bachelor’s degrees from MSIs, near-
                                                                     18               ly 40 percent of all Black teachers in the Nation
                                                                     19               earned their bachelor’s degree at an MSI. Nearly
                                                                     20               half of all Latino teachers with bachelor’s degrees
                                                                     21               earned them at MSIs. Further, roughly 25 percent
                                                                     22               of Asian Americans and Native Americans with BAs
                                                                     23               in teaching earned them at MSIs, while almost a
                                                                     24               third of Pacific Islanders with BAs earned their de-



pbinns on DSKJLVW7X2PROD with BILLS
                                                                     25               grees at an MSI.


                                                                                 •S 4917 IS

                                      VerDate Sep 11 2014   00:28 Nov 26, 2020   Jkt 019200   PO 00000   Frm 00005   Fmt 6652   Sfmt 6201   E:\BILLS\S4917.IS   S4917
                                                                                                                                6
                                                                       1                       (7) Teacher residency programs like those sup-
                                                                       2              ported by the Teacher Quality Partnership Grant
                                                                       3              Program, are a high-quality and diverse teacher
                                                                       4              preparation pathway into teaching. Nationally, about
                                                                       5              49 percent of residents are people of color. That is
                                                                       6              the similar to the proportion of public school stu-
                                                                       7              dents of color and far more than the 20 percent of
                                                                       8              teachers who are people of color nationally.
                                                                       9                       (8) Furthermore, prior to the COVID–19 pan-
                                                                     10               demic, principal turnover was also a significant
                                                                     11               issue. Research from the Learning Policy Institute
                                                                     12               and National Association of Secondary School Prin-
                                                                     13               cipals found that 35 percent of principals leave their
                                                                     14               schools within 2 years and that approximately 18
                                                                     15               percent of principals were no longer in the same po-
                                                                     16               sition one year later. In underserved schools and
                                                                     17               areas, this turnover rate was even higher at 21 per-
                                                                     18               cent. Additionally, a recent poll of principals found
                                                                     19               that 45 percent are planning to move up their plans
                                                                     20               to leave the profession due to the conditions
                                                                     21               spawned by the COVID–19 pandemic.
                                                                     22                        (9) Reducing principal turnover also has a sig-
                                                                     23               nificant impact on student performance and teacher
                                                                     24               retention. Principals are the second most important



pbinns on DSKJLVW7X2PROD with BILLS
                                                                     25               school-level factor associated with student achieve-


                                                                                 •S 4917 IS

                                      VerDate Sep 11 2014   04:40 Nov 24, 2020   Jkt 019200   PO 00000   Frm 00006   Fmt 6652   Sfmt 6201   E:\BILLS\S4917.IS   S4917
                                                                                                                                7
                                                                       1              ment. Studies have also show that teachers cite prin-
                                                                       2              cipal support as one of the most important in their
                                                                       3              decision to remain in a school or the profession.
                                                                       4                       (10) Without sufficient Federal support to
                                                                       5              States, local educational agencies, and teacher and
                                                                       6              principal preparation programs at institutions of
                                                                       7              higher education, educator layoffs and shortages will
                                                                       8              be exacerbated by the economic crisis caused by the
                                                                       9              COVID–19 pandemic and historically underserved
                                                                     10               students, including students of color and students
                                                                     11               from families experiencing low incomes, will bear the
                                                                     12               brunt of these layoffs and shortages.
                                                                     13                        (11) Data consistently show the dispropor-
                                                                     14               tionate impact of COVID–19 on people of color and
                                                                     15               communities of concentrated poverty. Further, dec-
                                                                     16               ades of data show that students of color, students
                                                                     17               from low-income families, and English language
                                                                     18               learners, as well as those with special needs, who are
                                                                     19               experiencing homelessness, who are in foster care,
                                                                     20               who are involved with the juvenile justice system,
                                                                     21               and whose families are engaged in seasonal work,
                                                                     22               have long been underserved by the current education
                                                                     23               system.
                                                                     24                        (12) Federal relief aid should be contingent on



pbinns on DSKJLVW7X2PROD with BILLS
                                                                     25               States and local educational agencies protecting stu-


                                                                                 •S 4917 IS

                                      VerDate Sep 11 2014   04:40 Nov 24, 2020   Jkt 019200   PO 00000   Frm 00007   Fmt 6652   Sfmt 6201   E:\BILLS\S4917.IS   S4917
                                                                                                                                8
                                                                       1              dents most heavily impacted by COVID–19 and stu-
                                                                       2              dents historically underserved in education in the
                                                                       3              United States from having to bear the brunt of
                                                                       4              shortfalls in school funding and other impacts of the
                                                                       5              virus on schools.
                                                                       6                       (13) Countries that have physically reopened
                                                                       7              schools successfully—and only once infection rates
                                                                       8              were under control—have provided schools with the
                                                                       9              resources necessary, such as personal protective
                                                                     10               equipment, to continue education and keep children
                                                                     11               and staff safe.
                                                                     12      SEC. 4. EDUCATOR JOB FUND.

                                                                     13               (a) IN GENERAL.—
                                                                     14                        (1)        AUTHORIZATION.—The                              Secretary     shall
                                                                     15               award grants to States, to remain available until the
                                                                     16               later of—
                                                                     17                                  (A) August 15, 2027; or
                                                                     18                                  (B) the date on which each State average
                                                                     19                        rate of total unemployment in the Nation (sea-
                                                                     20                        sonally adjusted) is such that for the period
                                                                     21                        consisting of the most recent 3 months for
                                                                     22                        which data for all States are published before
                                                                     23                        the close of such week equals or is less than 5.5
                                                                     24                        percent.



pbinns on DSKJLVW7X2PROD with BILLS                                              •S 4917 IS

                                      VerDate Sep 11 2014   04:40 Nov 24, 2020   Jkt 019200   PO 00000   Frm 00008   Fmt 6652   Sfmt 6201   E:\BILLS\S4917.IS   S4917
                                                                                                                                9
                                                                       1                       (2) ALLOCATION TO OUTLYING AREAS AND BU-
                                                                       2              REAU OF INDIAN EDUCATION.—

                                                                       3                                 (A) RESERVATION.—From the amount
                                                                       4                       made available under subsection (j)(1) for a fis-
                                                                       5                       cal year, the Secretary shall reserve—
                                                                       6                                        (i) an amount equal to 1⁄2 of 1 percent
                                                                       7                                 for allocations to the outlying areas in ac-
                                                                       8                                 cordance with subparagraph (B); and
                                                                       9                                        (ii) an amount equal to 1⁄2 of 1 per-
                                                                     10                                  cent for allocations to programs operated
                                                                     11                                  or funded by the Bureau of Indian Edu-
                                                                     12                                  cation in accordance with subparagraph
                                                                     13                                  (C).
                                                                     14                                  (B) OUTLYING AREAS.—From the amount
                                                                     15                        made available under subparagraph (A)(i) for a
                                                                     16                        fiscal year, the Secretary shall allocate to each
                                                                     17                        outlying area a grant that bears the same pro-
                                                                     18                        portion to such amount as the amount the out-
                                                                     19                        lying area received under part A of title I of the
                                                                     20                        Elementary and Secondary Education Act of
                                                                     21                        1965 (20 U.S.C. 6311 et seq.) for the pre-
                                                                     22                        ceding fiscal year bears to the amount all out-
                                                                     23                        lying areas received under such part for such
                                                                     24                        preceding fiscal year.



pbinns on DSKJLVW7X2PROD with BILLS                                              •S 4917 IS

                                      VerDate Sep 11 2014   04:40 Nov 24, 2020   Jkt 019200   PO 00000   Frm 00009   Fmt 6652   Sfmt 6201   E:\BILLS\S4917.IS   S4917
                                                                                                                            10
                                                                       1                                 (C) PROGRAMS OPERATED OR FUNDED BY
                                                                       2                       THE BUREAU OF INDIAN EDUCATION.—From

                                                                       3                       the amount made available under subparagraph
                                                                       4                       (A)(ii) for a fiscal year, the Secretary shall, in
                                                                       5                       consultation with the Secretary of the Interior,
                                                                       6                       allocate to each program operated or funded by
                                                                       7                       the Bureau of Indian Education a grant that
                                                                       8                       bears the same proportion to such amount as
                                                                       9                       the amount the program operated or funded by
                                                                     10                        the Bureau of Indian Education received under
                                                                     11                        part A of title I of the Elementary and Sec-
                                                                     12                        ondary Education Act of 1965 (20 U.S.C. 6311
                                                                     13                        et seq.) for the preceding fiscal year bears to
                                                                     14                        the amount all programs operated or funded by
                                                                     15                        the Bureau of Indian Education received under
                                                                     16                        such part for such preceding fiscal year.
                                                                     17                        (3) DEFINITIONS.—In this section:
                                                                     18                                  (A) ELIGIBLE STATE.—The term ‘‘eligible
                                                                     19                        State’’ means a State where the average rate of
                                                                     20                        total unemployment in such State (seasonally
                                                                     21                        adjusted) for the period consisting of the most
                                                                     22                        recent 3 months for which data for all States
                                                                     23                        are published before the close of such week
                                                                     24                        equals or exceeds 5.5 percent.



pbinns on DSKJLVW7X2PROD with BILLS                                              •S 4917 IS

                                      VerDate Sep 11 2014   04:40 Nov 24, 2020   Jkt 019200   PO 00000   Frm 00010   Fmt 6652   Sfmt 6201   E:\BILLS\S4917.IS   S4917
                                                                                                                            11
                                                                       1                                 (B) ELIGIBLE                  APPLICATION.—The                 term
                                                                       2                       ‘‘eligible application’’ means an application sub-
                                                                       3                       mitted by an eligible State not more than once
                                                                       4                       per a State fiscal year.
                                                                       5                                 (C) OUTLYING AREA.—The term ‘‘outlying
                                                                       6                       area’’ means American Samoa, the Common-
                                                                       7                       wealth of the Northern Mariana Islands, Guam,
                                                                       8                       and the United States Virgin Islands.
                                                                       9                                 (D) QUALIFYING EMERGENCY.—The term
                                                                     10                        ‘‘qualifying emergency’’ means—
                                                                     11                                         (i) a public health emergency related
                                                                     12                                  to the coronavirus declared by the Sec-
                                                                     13                                  retary of Health and Human Services pur-
                                                                     14                                  suant to section 319 of the Public Health
                                                                     15                                  Service Act (42 U.S.C. 247d);
                                                                     16                                         (ii) an event related to the coronavirus
                                                                     17                                  for which the President declared a major
                                                                     18                                  disaster or an emergency under section
                                                                     19                                  401 or 501, respectively, of the Robert T.
                                                                     20                                  Stafford Disaster Relief and Emergency
                                                                     21                                  Assistance Act (42 U.S.C. 5170 and
                                                                     22                                  5191); or
                                                                     23                                         (iii) a national emergency related to
                                                                     24                                  the coronavirus declared by the President



pbinns on DSKJLVW7X2PROD with BILLS                                              •S 4917 IS

                                      VerDate Sep 11 2014   04:40 Nov 24, 2020   Jkt 019200   PO 00000   Frm 00011   Fmt 6652   Sfmt 6201   E:\BILLS\S4917.IS   S4917
                                                                                                                            12
                                                                       1                                 under section 201 of the National Emer-
                                                                       2                                 gencies Act (50 U.S.C. 1601 et seq.).
                                                                       3                                 (E) SECRETARY.—The term ‘‘Secretary’’
                                                                       4                       means the Secretary of Education.
                                                                       5              (b) APPLICATION.—The Governor and chief State
                                                                       6 school officer of an eligible State seeking to receive a grant
                                                                       7 under this section shall submit an eligible application to
                                                                       8 the Secretary at such time, in such manner, and accom-
                                                                       9 panied by such information as the Secretary may require,
                                                                     10 including assurances that the eligible State will meet the
                                                                     11 requirements provided under this section. The Secretary
                                                                     12 shall not require information in an eligible application be-
                                                                     13 yond what is necessary to determine compliance with this
                                                                     14 section.
                                                                     15               (c) FISCAL               AND         EDUCATOR EQUITY ACCOUNT-
                                                                     16      ABILITY.—The                  Secretary shall not award a grant to a
                                                                     17 State under this section unless the Governor and the chief
                                                                     18 State school officer of the State provide an assurance to
                                                                     19 the Secretary that—
                                                                     20                        (1) the State educational agency will, with re-
                                                                     21               spect to the school year applicable to the fiscal year
                                                                     22               for which the grant is received, provide support for
                                                                     23               public elementary and public secondary education in
                                                                     24               the State, including spending for the school year and



pbinns on DSKJLVW7X2PROD with BILLS
                                                                     25               capital spending, that bears the same proportion to


                                                                                 •S 4917 IS

                                      VerDate Sep 11 2014   04:40 Nov 24, 2020   Jkt 019200   PO 00000   Frm 00012   Fmt 6652   Sfmt 6201   E:\BILLS\S4917.IS   S4917
                                                                                                                            13
                                                                       1              the overall State budget for such fiscal year as the
                                                                       2              average amount of such support for school years
                                                                       3              2017–2018 and 2018–2019 bears to the average
                                                                       4              overall State budget for the fiscal years applicable to
                                                                       5              such school years;
                                                                       6                       (2) in the event of a precipitous decline in fi-
                                                                       7              nancial resources due to a qualifying emergency
                                                                       8              where Federal resources were not sufficient to rem-
                                                                       9              edy such a decline and the State cannot maintain
                                                                     10               the same level of fiscal efforts as described in para-
                                                                     11               graph (1), the Governor and chief State school offi-
                                                                     12               cer shall—
                                                                     13                                  (A) prioritize staffing stability in high-pov-
                                                                     14                        erty local educational agencies; and
                                                                     15                                  (B) ensure that if reductions in educator
                                                                     16                        and support staff or implementation of a hiring
                                                                     17                        freeze must occur, any reductions or hiring
                                                                     18                        freezes in educator and support staffing shall
                                                                     19                        occur in an equitable manner that at a min-
                                                                     20                        imum does not disproportionately impact high-
                                                                     21                        poverty schools;
                                                                     22                        (3) grant funds received under this section shall
                                                                     23               be used so to supplement the level of Federal, State,
                                                                     24               and local public funds that, in the absence of such



pbinns on DSKJLVW7X2PROD with BILLS                                              •S 4917 IS

                                      VerDate Sep 11 2014   04:40 Nov 24, 2020   Jkt 019200   PO 00000   Frm 00013   Fmt 6652   Sfmt 6201   E:\BILLS\S4917.IS   S4917
                                                                                                                            14
                                                                       1              availability, would have been used to support elemen-
                                                                       2              tary and secondary education in the State; and
                                                                       3                       (4) the State will take action to ensure that
                                                                       4              low-income students and students of color enrolled
                                                                       5              in schools assisted under this section are not served
                                                                       6              at disproportionate rates by ineffective, out-of-field,
                                                                       7              or inexperienced teachers or principals, as described
                                                                       8              in section 1111(g)(1)(B) of the Elementary and Sec-
                                                                       9              ondary             Education              Act         of     1965          (20    U.S.C.
                                                                     10               6311(g)(1)(B)).
                                                                     11               (d) RESERVATION.—A State that receives a grant
                                                                     12 under this section may reserve—
                                                                     13                        (1) not more than 2 percent of the grant funds
                                                                     14               for the administrative costs of carrying out its re-
                                                                     15               sponsibilities under the grant; and
                                                                     16                        (2) not more than 10 percent for statewide ac-
                                                                     17               tivities described under subsection (e)(3)(B) that
                                                                     18               provide additional supports to high-poverty local
                                                                     19               educational agencies that the State determines were
                                                                     20               mostly heavily impacted by the COVID–19 pan-
                                                                     21               demic.
                                                                     22               (e) SUBGRANTS TO LOCAL EDUCATIONAL AGEN-
                                                                     23      CIES.—

                                                                     24                        (1) IN          GENERAL.—A                    State that receives a



pbinns on DSKJLVW7X2PROD with BILLS
                                                                     25               grant under this section shall use the grant funds


                                                                                 •S 4917 IS

                                      VerDate Sep 11 2014   04:40 Nov 24, 2020   Jkt 019200   PO 00000   Frm 00014   Fmt 6652   Sfmt 6201   E:\BILLS\S4917.IS   S4917
                                                                                                                            15
                                                                       1              not reserved under subsection (d) to award sub-
                                                                       2              grants, from allotments under paragraph (2), to
                                                                       3              local educational agencies (including charter schools
                                                                       4              that are local educational agencies) in the State.
                                                                       5                       (2) FORMULA.—From the amount available to
                                                                       6              a State that receives a grant under this section and
                                                                       7              not reserved under subsection (d), each local edu-
                                                                       8              cational agency and charter school that is not a local
                                                                       9              educational agency in the State shall receive an
                                                                     10               amount that bears the same relationship to such
                                                                     11               amount available and not reserved, as the amount
                                                                     12               such local educational agency or charter school re-
                                                                     13               ceived under part A of title I of the Elementary and
                                                                     14               Secondary Education Act of 1965 (20 U.S.C. 6311
                                                                     15               et seq.) for the most recent fiscal year bears to the
                                                                     16               amount received by all local educational agencies
                                                                     17               and charter schools that are not local educational
                                                                     18               agencies in the State under such part for the most
                                                                     19               recent fiscal year.
                                                                     20                        (3) REQUIREMENT TO USE FUNDS TO RETAIN
                                                                     21               OR CREATE EDUCATION JOBS.—A local educational

                                                                     22               agency or charter school that receives a subgrant
                                                                     23               under this subsection—
                                                                     24                                  (A) shall reserve 5 percent of the subgrant



pbinns on DSKJLVW7X2PROD with BILLS
                                                                     25                        funds to identify and address, as required


                                                                                 •S 4917 IS

                                      VerDate Sep 11 2014   04:40 Nov 24, 2020   Jkt 019200   PO 00000   Frm 00015   Fmt 6652   Sfmt 6201   E:\BILLS\S4917.IS   S4917
                                                                                                                            16
                                                                       1                       under section 1112(b)(2) of the Elementary
                                                                       2                       and Secondary Education Act of 1965 (20
                                                                       3                       U.S.C. 6312(b)(2)), any disparities that result
                                                                       4                       in low-income students and minority students
                                                                       5                       being taught at higher rates than other stu-
                                                                       6                       dents by ineffective, inexperienced, or out-of-
                                                                       7                       field teachers;
                                                                       8                                 (B) shall use 95 percent of the subgrant
                                                                       9                       funds for compensation and benefits and other
                                                                     10                        expenses, such as support services, necessary to
                                                                     11                        retain existing employees, to recall or rehire
                                                                     12                        former employees, and to hire new employees,
                                                                     13                        in order to provide early childhood, elementary,
                                                                     14                        or secondary educational and related services;
                                                                     15                                  (C) may not use subgrant funds for gen-
                                                                     16                        eral administrative expenses or for other sup-
                                                                     17                        port services expenditures, as those terms were
                                                                     18                        defined by the National Center for Education
                                                                     19                        Statistics in its Common Core of Data as of the
                                                                     20                        date of enactment of this Act; and
                                                                     21                                  (D) shall provide an assurance that in the
                                                                     22                        event of a precipitous decline in financial re-
                                                                     23                        sources due to a qualifying emergency where
                                                                     24                        Federal and State resources were not sufficient



pbinns on DSKJLVW7X2PROD with BILLS
                                                                     25                        to remedy such a decline that it—


                                                                                 •S 4917 IS

                                      VerDate Sep 11 2014   04:40 Nov 24, 2020   Jkt 019200   PO 00000   Frm 00016   Fmt 6652   Sfmt 6201   E:\BILLS\S4917.IS   S4917
                                                                                                                            17
                                                                       1                                        (i) will prioritize staffing stability in
                                                                       2                                 high-poverty schools; and
                                                                       3                                        (ii) if it must makes reductions in ed-
                                                                       4                                 ucator and support staff or implement a
                                                                       5                                 hiring freeze, any reductions or hiring
                                                                       6                                 freezes in educator and support staffing
                                                                       7                                 shall occur in an equitable manner.
                                                                       8              (f) PROHIBITION                     ON THE              USE        OF      FUNDS   FOR

                                                                       9 RAINY-DAY FUNDS OR DEBT RETIREMENT.—A State
                                                                     10 that receives a grant under this section may not use such
                                                                     11 funds, directly or indirectly, to—
                                                                     12                        (1) establish, restore, or supplement a rainy-day
                                                                     13               fund;
                                                                     14                        (2) supplant State funds in a manner that has
                                                                     15               the effect of establishing, restoring, or supplement-
                                                                     16               ing a rainy-day fund;
                                                                     17                        (3) reduce or retire debt obligations incurred by
                                                                     18               the State;
                                                                     19                        (4) supplant State funds in a manner that has
                                                                     20               the effect of reducing or retiring debt obligations in-
                                                                     21               curred by the State;
                                                                     22                        (5) meet the requirements under sections 1118
                                                                     23               and 8521 of the Elementary and Secondary Edu-
                                                                     24               cation Act of 1965 (20 U.S.C. 6321, 7901); or



pbinns on DSKJLVW7X2PROD with BILLS                                              •S 4917 IS

                                      VerDate Sep 11 2014   00:28 Nov 26, 2020   Jkt 019200   PO 00000   Frm 00017   Fmt 6652   Sfmt 6201   E:\BILLS\S4917.IS   S4917
                                                                                                                            18
                                                                       1                       (6) provide increased salaries or bonuses related
                                                                       2              to on the job performance.
                                                                       3              (g) PROHIBITION.—A State educational agency and
                                                                       4 a local educational agency shall not use funds received
                                                                       5 under section 18010 of the CARES Act (Public Law 116–
                                                                       6 136)—
                                                                       7                       (1) to meet the requirements under sections
                                                                       8              1118 and 8521 of the Elementary and Secondary
                                                                       9              Education Act of 1965; and
                                                                     10                        (2) for any support of private schools, through
                                                                     11               employment, services, vouchers, tax-credit scholar-
                                                                     12               ships, or savings accounts for students to attend pri-
                                                                     13               vate elementary or secondary schools, or other
                                                                     14               means.
                                                                     15               (h) REPORTING.—
                                                                     16                        (1) STATE.—Not later than 6 months after the
                                                                     17               disbursement of subgrants and annually for each
                                                                     18               subsequent year for which funds are made available
                                                                     19               under this section, a State that receives a grant
                                                                     20               under this section shall submit a report to the Sec-
                                                                     21               retary that includes the following information:
                                                                     22                                  (A) The number and percentage of educa-
                                                                     23                        tor and other staff positions that are eliminated
                                                                     24                        or left unfilled in the State (as reported on the



pbinns on DSKJLVW7X2PROD with BILLS
                                                                     25                        annual report card under paragraph (1) or (2)


                                                                                 •S 4917 IS

                                      VerDate Sep 11 2014   04:40 Nov 24, 2020   Jkt 019200   PO 00000   Frm 00018   Fmt 6652   Sfmt 6201   E:\BILLS\S4917.IS   S4917
                                                                                                                            19
                                                                       1                       of section 1111(h) of the Elementary and Sec-
                                                                       2                       ondary Education Act of 1965 (20 U.S.C.
                                                                       3                       6311(h))), included in the aggregate and
                                                                       4                       disaggregated by the following:
                                                                       5                                        (i)      High-poverty                  local       educational
                                                                       6                                 agencies and schools compared to low-pov-
                                                                       7                                 erty local educational agencies and schools.
                                                                       8                                        (ii) Local educational agencies and
                                                                       9                                 schools serving the highest number and
                                                                     10                                  percentage of minority children compared
                                                                     11                                  to local educational agencies and schools
                                                                     12                                  serving the fewest number and percentage
                                                                     13                                  of minority children.
                                                                     14                                  (B) The number and percentage of teach-
                                                                     15                        ing positions that are eliminated or left unfilled
                                                                     16                        in the State (as reported on the annual report
                                                                     17                        card under paragraph (1) or (2) of section
                                                                     18                        1111(h) of the Elementary and Secondary Edu-
                                                                     19                        cation Act of 1965 (20 24 U.S.C. 6311(h))), in-
                                                                     20                        cluded in the aggregate and disaggregated by
                                                                     21                        the following characteristics of the teacher who
                                                                     22                        previously held the position:
                                                                     23                                         (i) Race and ethnicity.
                                                                     24                                         (ii) Certification status (full-certifi-



pbinns on DSKJLVW7X2PROD with BILLS
                                                                     25                                  cation or provisional certification).


                                                                                 •S 4917 IS

                                      VerDate Sep 11 2014   04:40 Nov 24, 2020   Jkt 019200   PO 00000   Frm 00019   Fmt 6652   Sfmt 6201   E:\BILLS\S4917.IS   S4917
                                                                                                                            20
                                                                       1                                        (iii) Teachers in the first 2 years of
                                                                       2                                 teaching.
                                                                       3                                        (iv) Teachers with three or more years
                                                                       4                                 of teaching experience.
                                                                       5                                        (v) If determined appropriate by the
                                                                       6                                 State educational agency, the most recent
                                                                       7                                 effectiveness rating with respect to such
                                                                       8                                 teacher.
                                                                       9                                 (C) The percentage of funds under this
                                                                     10                        section reserved under subsection (d)(1) and
                                                                     11                        how such funds were spent.
                                                                     12                        (2) LOCAL                EDUCATIONAL                   AGENCY            REPORT-

                                                                     13               ING.—A local educational agency or charter school

                                                                     14               that receives a subgrant under this subsection shall
                                                                     15               submit a report to the State educational agency not
                                                                     16               later than 90 days after the date the it receives the
                                                                     17               subgrant that includes the number of educator and
                                                                     18               school staff jobs that were saved or created with
                                                                     19               funds received under this section, including the fol-
                                                                     20               lowing:
                                                                     21                                  (A) The overall number of such jobs.
                                                                     22                                  (B) With respect to a local educational
                                                                     23                        agency, the number of such jobs in each school
                                                                     24                        served by the local educational agency that



pbinns on DSKJLVW7X2PROD with BILLS                                              •S 4917 IS

                                      VerDate Sep 11 2014   00:28 Nov 26, 2020   Jkt 019200   PO 00000   Frm 00020   Fmt 6652   Sfmt 6201   E:\BILLS\S4917.IS   S4917
                                                                                                                            21
                                                                       1                       serves the greatest concentration in the agency
                                                                       2                       of any of the following:
                                                                       3                                         (i) Students of color.
                                                                       4                                         (ii) Students from low-income back-
                                                                       5                                 grounds.
                                                                       6                                         (iii) Children with disabilities.
                                                                       7                                         (iv) English learners.
                                                                       8                                         (v) Migrant children.
                                                                       9                                         (vi) Students experiencing homeless-
                                                                     10                                  ness.
                                                                     11                                          (vii) Children and youth in foster
                                                                     12                                  care.
                                                                     13                                          (viii) Students involved with the juve-
                                                                     14                                  nile justice system.
                                                                     15                                  (C) The number of such jobs disaggregated
                                                                     16                        by race and ethnicity, cross-tabulated by gen-
                                                                     17                        der.
                                                                     18               (i) FINDINGS FROM THE EDUCATOR JOB FUND.—
                                                                     19 Not later than 12 months after the date of each round
                                                                     20 of grant making under this section, the Secretary shall
                                                                     21 provide a report to the Committee on Health, Education,
                                                                     22 Labor, and Pensions of the Senate, the Committee on Ap-
                                                                     23 propriations of the Senate, the Committee on Education
                                                                     24 and Labor of the House of Representatives, and the Com-



pbinns on DSKJLVW7X2PROD with BILLS
                                                                     25 mittee on Appropriations of the House of Representatives


                                                                                 •S 4917 IS

                                      VerDate Sep 11 2014   04:40 Nov 24, 2020   Jkt 019200   PO 00000   Frm 00021   Fmt 6652   Sfmt 6201   E:\BILLS\S4917.IS   S4917
                                                                                                                            22
                                                                       1 summarizing the findings from the reports received under
                                                                       2 subsection (h).
                                                                       3              (j) AUTHORIZATION OF APPROPRIATIONS.—
                                                                       4                       (1) IN GENERAL.—There are authorized to be
                                                                       5              appropriated to the Secretary to establish and imple-
                                                                       6              ment an Educator Jobs Fund—
                                                                       7                                 (A) $56,600,000,000 for fiscal year 2021;
                                                                       8                                 (B) $52,400,000,000 for fiscal year 2022;
                                                                       9                                 (C) $34,300,000,000 for fiscal year 2023;
                                                                     10                                  (D) $26,100,000,000 for fiscal year 2024;
                                                                     11                                  (E) $17,700,000,000 for fiscal year 2025;
                                                                     12                                  (F) $14,400,000,000 for fiscal year 2026;
                                                                     13                                  (G) $14,600,000,000 for fiscal year 2027;
                                                                     14                                  (H) $14,800,000,000 for fiscal year 2028;
                                                                     15                                  (I) $15,000,000,000 for fiscal year 2029;
                                                                     16                        and
                                                                     17                                  (J) $15,200,000,000 for fiscal year 2030.
                                                                     18                        (2) RESERVATION                       FOR ADMINISTRATIVE EX-

                                                                     19               PENSES.—Of the amounts made available for a fis-

                                                                     20               cal year under paragraph (1), the Secretary may re-
                                                                     21               serve not more than $1,000,000 for each such fiscal
                                                                     22               year for administration and oversight of this section.
                                                                     23                        (3) ALLOCATION SCHEDULE.—
                                                                     24                                  (A) FIRST YEAR OF GRANTS.—Not later



pbinns on DSKJLVW7X2PROD with BILLS
                                                                     25                        than 30 days after the date of enactment of


                                                                                 •S 4917 IS

                                      VerDate Sep 11 2014   04:40 Nov 24, 2020   Jkt 019200   PO 00000   Frm 00022   Fmt 6652   Sfmt 6201   E:\BILLS\S4917.IS   S4917
                                                                                                                            23
                                                                       1                       this Act, from the amounts first made available
                                                                       2                       under paragraph (1), the Secretary shall award
                                                                       3                       grants under this section.
                                                                       4                                 (B) SUBSEQUENT YEARS.—Not later than
                                                                       5                       30 days after the first day of the first fiscal
                                                                       6                       year that begins after the date of enactment of
                                                                       7                       this Act and annually thereafter, from the
                                                                       8                       amounts made available under paragraph (1),
                                                                       9                       the Secretary shall award grants under this sec-
                                                                     10                        tion.
                                                                     11      SEC. 5. FISCAL ACCOUNTABILITY AND EDUCATION EQUITY.

                                                                     12               (a) NATIONAL EMERGENCY EDUCATIONAL WAIV-
                                                                     13      ERS.—Section 3511(c)(3) of the CARES Act (Public Law

                                                                     14 116–136) is amended by adding at the end the following:
                                                                     15                                  ‘‘(C) RULE              FOR MAINTENANCE OF EF-

                                                                     16                        FORT.—The Secretary shall not grant a waiver

                                                                     17                        under subsection (b)(2)(B) unless the entity
                                                                     18                        seeking the waiver provides at least the same
                                                                     19                        percentage of total available revenue for ele-
                                                                     20                        mentary and secondary education for the fiscal
                                                                     21                        year for which the waiver is requested as the
                                                                     22                        percentage provided for such purpose for the
                                                                     23                        preceding fiscal year.’’.




pbinns on DSKJLVW7X2PROD with BILLS                                              •S 4917 IS

                                      VerDate Sep 11 2014   04:40 Nov 24, 2020   Jkt 019200   PO 00000   Frm 00023   Fmt 6652   Sfmt 6201   E:\BILLS\S4917.IS   S4917
                                                                                                                            24
                                                                       1              (b) MAINTENANCE OF EFFORT; SUPPLEMENT NOT
                                                                       2 SUPPLANT.—Section 18008 of the CARES Act (Public
                                                                       3 Law 116–136) is amended to read as follows:
                                                                       4               ‘‘MAINTENANCE OF EFFORT; SUPPLEMENT NOT
                                                                       5                                                 SUPPLANT

                                                                       6              ‘‘SEC. 18008. (a) MAINTENANCE OF EFFORT.—A
                                                                       7 State’s application for funds to carry out section 18002
                                                                       8 or 18003 shall include assurances that the State will—
                                                                       9                       ‘‘(1) maintain support for elementary and sec-
                                                                     10               ondary education in fiscal years 2020, 2021, and
                                                                     11               2022, at least at the levels of such State’s support
                                                                     12               for elementary and secondary education in fiscal
                                                                     13               year 2019 or fiscal year 2020, whichever is greater;
                                                                     14               and
                                                                     15                        ‘‘(2) maintain support for higher education
                                                                     16               (which shall include State funding to institutions of
                                                                     17               higher education and State financial aid, and shall
                                                                     18               not include support for capital projects, research and
                                                                     19               development, or tuition and fees paid by students) in
                                                                     20               fiscal years 2020, 2021, and 2022, at least at the
                                                                     21               levels of such State’s support for higher education in
                                                                     22               fiscal year 2019 or fiscal year 2020, whichever is
                                                                     23               greater.
                                                                     24               ‘‘(b) SUPPLEMENT, NOT SUPPLANT.—Funds made



pbinns on DSKJLVW7X2PROD with BILLS
                                                                     25 available to States under this title shall be used to supple-


                                                                                 •S 4917 IS

                                      VerDate Sep 11 2014   04:40 Nov 24, 2020   Jkt 019200   PO 00000   Frm 00024   Fmt 6652   Sfmt 6201   E:\BILLS\S4917.IS   S4917
                                                                                                                            25
                                                                       1 ment, and not supplant, non-Federal funds that would
                                                                       2 otherwise be used for activities authorized under this title.
                                                                       3              ‘‘(c) STATE AND LOCAL MAINTENANCE OF EQUITY
                                                                       4 REQUIREMENTS.—
                                                                       5                       ‘‘(1) STATE ASSURANCES.—In addition to the
                                                                       6              assurances provided under subsection (a), a State’s
                                                                       7              application for funds to carry out section 18002 or
                                                                       8              18003 shall include assurances that in the event of
                                                                       9              a precipitous decline in financial resources due to a
                                                                     10               qualifying             emergency,                as        defined           in   section
                                                                     11               3502(a)(4), where Federal resources were not suffi-
                                                                     12               cient to remedy such a decline and the State cannot
                                                                     13               maintain support for elementary and secondary edu-
                                                                     14               cation in accordance with subsection (a), the State—
                                                                     15                                  ‘‘(A) will prioritize State funding support
                                                                     16                        to high-poverty local educational agencies;
                                                                     17                                  ‘‘(B) if the State must make reductions in
                                                                     18                        funding to all districts, will ensure that any re-
                                                                     19                        duction in State support for elementary and
                                                                     20                        secondary education based on per-pupil funding
                                                                     21                        will be greater in low-poverty local educational
                                                                     22                        agencies than in high-poverty local educational
                                                                     23                        agencies;
                                                                     24                                  ‘‘(C) will prioritize staffing stability in



pbinns on DSKJLVW7X2PROD with BILLS
                                                                     25                        high-poverty local educational agencies; and


                                                                                 •S 4917 IS

                                      VerDate Sep 11 2014   04:40 Nov 24, 2020   Jkt 019200   PO 00000   Frm 00025   Fmt 6652   Sfmt 6201   E:\BILLS\S4917.IS   S4917
                                                                                                                            26
                                                                       1                                 ‘‘(D) if it must makes reductions in educa-
                                                                       2                       tor and support staff or implement a hiring
                                                                       3                       freeze, any reductions or hiring freezes in edu-
                                                                       4                       cator and support staffing will occur in an equi-
                                                                       5                       table manner that at a minimum does not dis-
                                                                       6                       proportionately impact high-poverty local edu-
                                                                       7                       cational agencies.
                                                                       8                       ‘‘(2) ASSURANCES FROM LOCAL EDUCATIONAL
                                                                       9              AGENCIES.—Upon receipt of funding from a State

                                                                     10               under this title, a local educational agency shall pro-
                                                                     11               vide assurances to the State that in the event of a
                                                                     12               precipitous decline in financial resources due to a
                                                                     13               qualifying             emergency,                as        defined           in   section
                                                                     14               3502(a)(4), where Federal and State resources were
                                                                     15               not sufficient to remedy such a decline that the local
                                                                     16               educational agency—
                                                                     17                                  ‘‘(A) will prioritize funding to high-poverty
                                                                     18                        schools;
                                                                     19                                  ‘‘(B) if the agency must make reductions
                                                                     20                        in funding to all schools served by the agency,
                                                                     21                        will ensure that any reduction in agency edu-
                                                                     22                        cation funding based on per-pupil funding will
                                                                     23                        be greater in low-poverty schools than in high-
                                                                     24                        poverty schools served by the agency;



pbinns on DSKJLVW7X2PROD with BILLS                                              •S 4917 IS

                                      VerDate Sep 11 2014   04:40 Nov 24, 2020   Jkt 019200   PO 00000   Frm 00026   Fmt 6652   Sfmt 6201   E:\BILLS\S4917.IS   S4917
                                                                                                                            27
                                                                       1                                 ‘‘(C) will prioritize staffing stability in
                                                                       2                       high-poverty schools; and
                                                                       3                                 ‘‘(D) if it must makes reductions in educa-
                                                                       4                       tor and support staff or implement a hiring
                                                                       5                       freeze, any reductions or hiring freezes in edu-
                                                                       6                       cator and support staffing will occur in an equi-
                                                                       7                       table manner that at a minimum does not dis-
                                                                       8                       proportionately impact high-poverty schools.’’.
                                                                       9              (c) PROHIBITION.—Title VIII of division B of the
                                                                     10 CARES Act (Public Law 116–136) is amended by insert-
                                                                     11 ing after section 18008 the following:
                                                                     12                            ‘‘PROHIBITION ON USE OF FUNDS
                                                                     13               ‘‘SEC. 18009. A State educational agency or local
                                                                     14 educational agency may not use any funds received under
                                                                     15 section 18002 or 18003 to meet the requirements with re-
                                                                     16 spect to such agency under sections 1118 and 8521 of the
                                                                     17 Elementary and Secondary Education Act of 1965 (20
                                                                     18 U.S.C. 6321 and 7901).
                                                                     19                ‘‘REPORTING AND DISCLOSURE REQUIREMENTS
                                                                     20               ‘‘SEC. 18010. (a) GOVERNOR’S EMERGENCY RELIEF
                                                                     21 FUND REPORTS.—
                                                                     22                        ‘‘(1) INITIAL REPORT.—Each Governor that re-
                                                                     23               ceives a grant under section 18002(a) shall, not
                                                                     24               later than 90 days after the date of the disbursal of




pbinns on DSKJLVW7X2PROD with BILLS
                                                                     25               the Governor’s first grant under section 18002(b) if
                                                                     26               such first grant is made after the date of enactment
                                                                                 •S 4917 IS

                                      VerDate Sep 11 2014   04:40 Nov 24, 2020   Jkt 019200   PO 00000   Frm 00027   Fmt 6652   Sfmt 6201   E:\BILLS\S4917.IS   S4917
                                                                                                                            28
                                                                       1              of the Educator Jobs Fund Act of 2020 or not later
                                                                       2              than 90 days after such date of enactment if such
                                                                       3              first grant was made before such date of enactment,
                                                                       4              submit a report to the Secretary that includes the
                                                                       5              following:
                                                                       6                                 ‘‘(A) The number of educator and school
                                                                       7                       staff jobs that were saved or created with funds
                                                                       8                       received under this title, including the following:
                                                                       9                                        ‘‘(i) The overall number of such jobs.
                                                                     10                                         ‘‘(ii) The number of such jobs in each
                                                                     11                                  local educational agency and school in the
                                                                     12                                  State that serves the greatest concentra-
                                                                     13                                  tion in the State of any of the following:
                                                                     14                                                  ‘‘(I) Students of color.
                                                                     15                                                  ‘‘(II) Students from low-income
                                                                     16                                         backgrounds.
                                                                     17                                                  ‘‘(III) Children with disabilities.
                                                                     18                                                  ‘‘(IV) English learners.
                                                                     19                                                  ‘‘(V) Migrant children.
                                                                     20                                                  ‘‘(VI)             Students              experiencing
                                                                     21                                         homelessness.
                                                                     22                                                  ‘‘(VII) Children and youth in fos-
                                                                     23                                         ter care.
                                                                     24                                                  ‘‘(VIII) Students involved with



pbinns on DSKJLVW7X2PROD with BILLS
                                                                     25                                         the juvenile justice system.


                                                                                 •S 4917 IS

                                      VerDate Sep 11 2014   04:40 Nov 24, 2020   Jkt 019200   PO 00000   Frm 00028   Fmt 6652   Sfmt 6201   E:\BILLS\S4917.IS   S4917
                                                                                                                            29
                                                                       1                                        ‘‘(iii) The number of such jobs
                                                                       2                                 disaggregated by race and ethnicity, cross-
                                                                       3                                 tabulated by gender.
                                                                       4                                 ‘‘(B) If educators and school staff jobs
                                                                       5                       were eliminated or left unfilled, the number and
                                                                       6                       percentage of educator and other school staff
                                                                       7                       jobs that are both eliminated or left unfilled as
                                                                       8                       follows:
                                                                       9                                        ‘‘(i) The overall number of such jobs.
                                                                     10                                         ‘‘(ii) The number of such jobs in each
                                                                     11                                  local educational agency and school in the
                                                                     12                                  State that serves the greatest concentra-
                                                                     13                                  tion in the State of any of the following:
                                                                     14                                                  ‘‘(I) Students of color.
                                                                     15                                                  ‘‘(II) Students from low-income
                                                                     16                                         backgrounds.
                                                                     17                                                  ‘‘(III) Children with disabilities.
                                                                     18                                                  ‘‘(IV) English learners.
                                                                     19                                                  ‘‘(V) Migrant children.
                                                                     20                                                  ‘‘(VI)             Students              experiencing
                                                                     21                                         homelessness.
                                                                     22                                                  ‘‘(VII) Children and youth in fos-
                                                                     23                                         ter care.
                                                                     24                                                  ‘‘(VIII) Students involved with



pbinns on DSKJLVW7X2PROD with BILLS
                                                                     25                                         the juvenile justice system.


                                                                                 •S 4917 IS

                                      VerDate Sep 11 2014   04:40 Nov 24, 2020   Jkt 019200   PO 00000   Frm 00029   Fmt 6652   Sfmt 6201   E:\BILLS\S4917.IS   S4917
                                                                                                                            30
                                                                       1                                        ‘‘(iii) The number of such jobs
                                                                       2                                 disaggregated by race and ethnicity, cross-
                                                                       3                                 tabulated by gender.
                                                                       4                       ‘‘(2) QUARTERLY GOVERNOR’S EMERGENCY RE-
                                                                       5              LIEF FUNDS REPORT.—Each Governor that receives

                                                                       6              a grant under section 18002(a) shall, following the
                                                                       7              submission of the report described in paragraph (1),
                                                                       8              submit to the Secretary a report that contains the
                                                                       9              information described in paragraph (1), once a quar-
                                                                     10               ter until all funds allocated under section 18002 are
                                                                     11               expended.
                                                                     12                        ‘‘(3) GRANTEE REPORTING.—Each grantee that
                                                                     13               receives a grant from a Governor under section
                                                                     14               18002(c) shall submit a report to the Governor, not
                                                                     15               later than 30 days after receiving the grant, con-
                                                                     16               taining the information described in paragraph
                                                                     17               (1)(A).
                                                                     18                        ‘‘(4) PUBLICATION                       OF       REPORTS.—The            Sec-
                                                                     19               retary shall publish each report under paragraphs
                                                                     20               (1) and (2) on a publicly accessible website not later
                                                                     21               than 30 days after the date of receipt of the report.
                                                                     22                        ‘‘(5) FINDINGS FROM GOVERNOR’S EMERGENCY
                                                                     23               RELIEF             FUNDS         REPORTING.—Not                       later than 12
                                                                     24               months after the date of enactment of the Educator



pbinns on DSKJLVW7X2PROD with BILLS
                                                                     25               Jobs Fund Act of 2020, the Secretary shall provide


                                                                                 •S 4917 IS

                                      VerDate Sep 11 2014   04:40 Nov 24, 2020   Jkt 019200   PO 00000   Frm 00030   Fmt 6652   Sfmt 6201   E:\BILLS\S4917.IS   S4917
                                                                                                                            31
                                                                       1              a report to the Committee on Health, Education,
                                                                       2              Labor, and Pensions of the Senate, the Committee
                                                                       3              on Appropriations of the Senate, the Committee on
                                                                       4              Education and Labor of the House of Representa-
                                                                       5              tives, and the Committee on Appropriations of the
                                                                       6              House of Representatives summarizing the findings
                                                                       7              from the reports received under this subsection.
                                                                       8              ‘‘(b) ELEMENTARY AND SECONDARY SCHOOL EMER-
                                                                       9     GENCY RELIEF FUND REPORTING-INITIAL REPORTING.—

                                                                     10                        ‘‘(1) STATE               EDUCATIONAL AGENCY REPORT-

                                                                     11               ING.—Each State educational agency that receives a

                                                                     12               grant under section 18003 shall, not later than 180
                                                                     13               days after the making the State educational agency’s
                                                                     14               first subgrant under section 18003(c) if such first
                                                                     15               subgrant is made after the date of enactment of the
                                                                     16               Educator Jobs Fund Act of 2020 or not later than
                                                                     17               90 days after such date of enactment if such first
                                                                     18               subgrant was made before such date of enactment,
                                                                     19               submit a report to the Secretary that includes the
                                                                     20               following:
                                                                     21                                  ‘‘(A) The number of educator and school
                                                                     22                        staff jobs that were saved or created with funds
                                                                     23                        received under this title, including the following:
                                                                     24                                         ‘‘(i) The overall number of such jobs.



pbinns on DSKJLVW7X2PROD with BILLS                                              •S 4917 IS

                                      VerDate Sep 11 2014   04:40 Nov 24, 2020   Jkt 019200   PO 00000   Frm 00031   Fmt 6652   Sfmt 6201   E:\BILLS\S4917.IS   S4917
                                                                                                                            32
                                                                       1                                        ‘‘(ii) The number of such jobs in each
                                                                       2                                 local educational agency and school in the
                                                                       3                                 State that serves the greatest concentra-
                                                                       4                                 tion in the State of any of the following:
                                                                       5                                                 ‘‘(I) Students of color.
                                                                       6                                                 ‘‘(II) Students from low-income
                                                                       7                                        backgrounds.
                                                                       8                                                 ‘‘(III) Children with disabilities.
                                                                       9                                                 ‘‘(IV) English learners.
                                                                     10                                                  ‘‘(V) Migrant children.
                                                                     11                                                  ‘‘(VI)             Students              experiencing
                                                                     12                                         homelessness.
                                                                     13                                                  ‘‘(VII) Children and youth in fos-
                                                                     14                                         ter care.
                                                                     15                                                  ‘‘(VIII) Students involved with
                                                                     16                                         the juvenile justice system.
                                                                     17                                         ‘‘(iii) The number of such jobs
                                                                     18                                  disaggregated by race and ethnicity, cross-
                                                                     19                                  tabulated by gender.
                                                                     20                                  ‘‘(B) If educators and school staff jobs
                                                                     21                        were eliminated or left unfilled, the number and
                                                                     22                        percentage of educator and other school staff
                                                                     23                        jobs that are both eliminated or left unfilled as
                                                                     24                        follows:



pbinns on DSKJLVW7X2PROD with BILLS
                                                                     25                                         ‘‘(i) The overall number of such jobs.


                                                                                 •S 4917 IS

                                      VerDate Sep 11 2014   04:40 Nov 24, 2020   Jkt 019200   PO 00000   Frm 00032   Fmt 6652   Sfmt 6201   E:\BILLS\S4917.IS   S4917
                                                                                                                            33
                                                                       1                                        ‘‘(ii) The number of such jobs in each
                                                                       2                                 local educational agency and school in the
                                                                       3                                 State that serves the greatest concentra-
                                                                       4                                 tion in the State of any of the following:
                                                                       5                                                 ‘‘(I) Students of color.
                                                                       6                                                 ‘‘(II) Students from low-income
                                                                       7                                        backgrounds.
                                                                       8                                                 ‘‘(III) Children with disabilities.
                                                                       9                                                 ‘‘(IV) English learners.
                                                                     10                                                  ‘‘(V) Migrant children.
                                                                     11                                                  ‘‘(VI)             Students              experiencing
                                                                     12                                         homelessness.
                                                                     13                                                  ‘‘(VII) Children and youth in fos-
                                                                     14                                         ter care.
                                                                     15                                                  ‘‘(VIII) Students involved with
                                                                     16                                         the juvenile justice system.
                                                                     17                                         ‘‘(iii) The number of such jobs
                                                                     18                                  disaggregated by race and ethnicity, cross-
                                                                     19                                  tabulated by gender.
                                                                     20                                  ‘‘(C) How the State provided guidance to
                                                                     21                        local educational agencies and schools in the
                                                                     22                        State on achieving racial and socioeconomic di-
                                                                     23                        versity and avoiding racial economic segregation
                                                                     24                        among students in person and through distance



pbinns on DSKJLVW7X2PROD with BILLS
                                                                     25                        learning.


                                                                                 •S 4917 IS

                                      VerDate Sep 11 2014   04:40 Nov 24, 2020   Jkt 019200   PO 00000   Frm 00033   Fmt 6652   Sfmt 6201   E:\BILLS\S4917.IS   S4917
                                                                                                                            34
                                                                       1                       ‘‘(2) LOCAL               EDUCATIONAL AGENCY REPORT-

                                                                       2              ING.—Each                local educational agency receiving a
                                                                       3              grant or subgrant under section 18002 or 18003
                                                                       4              shall submit a report to its State educational agency,
                                                                       5              not later than 90 days after receiving such grant or
                                                                       6              subgrant, that includes the following:
                                                                       7                                 ‘‘(A) The number of educator and school
                                                                       8                       staff jobs that were saved or created with funds
                                                                       9                       received under this title, including the following:
                                                                     10                                         ‘‘(i) The overall number of such jobs.
                                                                     11                                         ‘‘(ii) The number of such jobs in each
                                                                     12                                  school served by the local educational agen-
                                                                     13                                  cy that serves the greatest concentration in
                                                                     14                                  the local educational agency of any of the
                                                                     15                                  following:
                                                                     16                                                  ‘‘(I) Students of color.
                                                                     17                                                  ‘‘(II) Students from low-income
                                                                     18                                         backgrounds.
                                                                     19                                                  ‘‘(III) Children with disabilities.
                                                                     20                                                  ‘‘(IV) English learners.
                                                                     21                                                  ‘‘(V) Migrant children.
                                                                     22                                                  ‘‘(VI)             Students              experiencing
                                                                     23                                         homelessness.
                                                                     24                                                  ‘‘(VII) Children and youth in fos-



pbinns on DSKJLVW7X2PROD with BILLS
                                                                     25                                         ter care.


                                                                                 •S 4917 IS

                                      VerDate Sep 11 2014   04:40 Nov 24, 2020   Jkt 019200   PO 00000   Frm 00034   Fmt 6652   Sfmt 6201   E:\BILLS\S4917.IS   S4917
                                                                                                                            35
                                                                       1                                                 ‘‘(VIII) Students involved with
                                                                       2                                        the juvenile justice system.
                                                                       3                                        ‘‘(iii) The number of such jobs
                                                                       4                                 disaggregated by race and ethnicity, cross-
                                                                       5                                 tabulated by gender.
                                                                       6                                 ‘‘(B) If educators and school staff jobs
                                                                       7                       were eliminated or left unfilled, the number and
                                                                       8                       percentage of educator and other school staff
                                                                       9                       jobs that are both eliminated or left unfilled as
                                                                     10                        follows:
                                                                     11                                         ‘‘(i) The overall number of such jobs.
                                                                     12                                         ‘‘(ii) The number of such jobs in each
                                                                     13                                  school served by the local educational agen-
                                                                     14                                  cy that serves the greatest concentration in
                                                                     15                                  the local educational agency of any of the
                                                                     16                                  following:
                                                                     17                                                  ‘‘(I) Students of color.
                                                                     18                                                  ‘‘(II) Students from low-income
                                                                     19                                         backgrounds.
                                                                     20                                                  ‘‘(III) Children with disabilities.
                                                                     21                                                  ‘‘(IV) English learners.
                                                                     22                                                  ‘‘(V) Migrant children.
                                                                     23                                                  ‘‘(VI)             Students              experiencing
                                                                     24                                         homelessness.



pbinns on DSKJLVW7X2PROD with BILLS                                              •S 4917 IS

                                      VerDate Sep 11 2014   04:40 Nov 24, 2020   Jkt 019200   PO 00000   Frm 00035   Fmt 6652   Sfmt 6201   E:\BILLS\S4917.IS   S4917
                                                                                                                            36
                                                                       1                                                 ‘‘(VII) Children and youth in fos-
                                                                       2                                        ter care.
                                                                       3                                                 ‘‘(VIII) Students involved with
                                                                       4                                        the juvenile justice system.
                                                                       5                                        ‘‘(iii) The number of such jobs
                                                                       6                                 disaggregated by race and ethnicity, cross-
                                                                       7                                 tabulated by gender.
                                                                       8                                 ‘‘(C) How the local educational agency pro-
                                                                       9                       vided guidance to schools on achieving racial
                                                                     10                        and socioeconomic diversity and avoiding racial
                                                                     11                        economic segregation among students in person
                                                                     12                        and through distance learning.
                                                                     13                        ‘‘(3)       QUARTERLY                  ELEMENTARY                    AND   SEC-

                                                                     14               ONDARY SCHOOL EMERGENCY RELIEF FUND RE-

                                                                     15               PORTS.—

                                                                     16                                  ‘‘(A) STATE               REPORT.—Each                     State edu-
                                                                     17                        cational agency that receives a grant under sec-
                                                                     18                        tion 18003 shall, following the submission of
                                                                     19                        the initial report described in paragraph (1),
                                                                     20                        submit to the Secretary a report that contains
                                                                     21                        the information described in paragraph (1) once
                                                                     22                        a quarter until all funds allocated to the State
                                                                     23                        under section 18003 are expended.
                                                                     24                                  ‘‘(B) LOCAL EDUCATIONAL AGENCY RE-



pbinns on DSKJLVW7X2PROD with BILLS
                                                                     25                        PORT.—Each local educational agency receiving



                                                                                 •S 4917 IS

                                      VerDate Sep 11 2014   04:40 Nov 24, 2020   Jkt 019200   PO 00000   Frm 00036   Fmt 6652   Sfmt 6201   E:\BILLS\S4917.IS   S4917
                                                                                                                            37
                                                                       1                       a subgrant under section 18002 or 18003 shall,
                                                                       2                       following the submission of the initial report de-
                                                                       3                       scribed in paragraph (2), submit to the Sec-
                                                                       4                       retary a report that contains the information
                                                                       5                       described in paragraph (2) once a quarter until
                                                                       6                       all subgrant funds are expended.
                                                                       7                       ‘‘(4) PUBLICATION                       OF       REPORTS.—The            Sec-
                                                                       8              retary shall publish each report under paragraphs
                                                                       9              (1) and (2) on a publicly accessible website not later
                                                                     10               than 30 days after the date of receipt of the report.
                                                                     11                        ‘‘(5) FINDINGS FROM ELEMENTARY AND SEC-
                                                                     12               ONDARY SCHOOL EMERGENCY RELIEF FUND.—Not

                                                                     13               later than 12 months after the date of enactment of
                                                                     14               the Educator Jobs Fund Act of 2020, the Secretary
                                                                     15               shall provide a report to the Committee on Health,
                                                                     16               Education, Labor, and Pensions of the Senate, the
                                                                     17               Committee on Appropriations of the Senate, the
                                                                     18               Committee on Education and Labor of the House of
                                                                     19               Representatives, and the Committee on Appropria-
                                                                     20               tions of the House of Representatives summarizing
                                                                     21               the findings from the reports received under this
                                                                     22               subsection.’’.
                                                                     23      SEC. 6. PERSONAL PROTECTIVE EQUIPMENT FUND.

                                                                     24               There are authorized to be appropriated and there



pbinns on DSKJLVW7X2PROD with BILLS
                                                                     25 are appropriated out of any money in the Treasury not


                                                                                 •S 4917 IS

                                      VerDate Sep 11 2014   04:40 Nov 24, 2020   Jkt 019200   PO 00000   Frm 00037   Fmt 6652   Sfmt 6201   E:\BILLS\S4917.IS   S4917
                                                                                                                            38
                                                                       1 otherwise obligated for necessary expenses for a Personal
                                                                       2 Protective Equipment Fund, $30,000,000: Provided, That
                                                                       3 the amount under this section shall be administered by
                                                                       4 the Secretary of Education as follows:
                                                                       5                       (1) The Secretary of Education shall award
                                                                       6              grants to local educational agencies that submit an
                                                                       7              application to the Secretary detailing a plan for the
                                                                       8              use of grant funds for only public schools.
                                                                       9                       (2) In awarding grants under this section, the
                                                                     10               Secretary of Education shall give priority to local
                                                                     11               educational agencies serving a high percentage of
                                                                     12               schools that receive funding under part A of title I
                                                                     13               of the Elementary and Secondary Education Act of
                                                                     14               1965 (20 U.S.C. 6311 et seq.).
                                                                     15                        (3) A local educational agency that receives a
                                                                     16               grant under this section shall use the grant funds—
                                                                     17                                  (A) to purchase cleaning and sanitizing
                                                                     18                        equipment;
                                                                     19                                  (B) to purchase face masks, gloves, protec-
                                                                     20                        tive eyewear, dividers, and other equipment nec-
                                                                     21                        essary to maintain social distancing standards
                                                                     22                        set by the Centers for Disease Control and Pre-
                                                                     23                        vention;
                                                                     24                                  (C) for hiring staff to implement safety



pbinns on DSKJLVW7X2PROD with BILLS
                                                                     25                        protocols, which may include additional custo-


                                                                                 •S 4917 IS

                                      VerDate Sep 11 2014   04:40 Nov 24, 2020   Jkt 019200   PO 00000   Frm 00038   Fmt 6652   Sfmt 6201   E:\BILLS\S4917.IS   S4917
                                                                                                                            39
                                                                       1                       dial staff for increased cleaning and disinfecting
                                                                       2                       of schools and buses to prevent spread, a full-
                                                                       3                       time nurse for each school, and aides to screen
                                                                       4                       students before getting on buses;
                                                                       5                                 (D) to purchase other materials and for
                                                                       6                       staffing necessary to maintain student and edu-
                                                                       7                       cator safety;
                                                                       8                                 (E) to provide staff with the training nec-
                                                                       9                       essary to carry out any safety protocols, or for
                                                                     10                        appropriate and safe use of equipment or mate-
                                                                     11                        rials; and
                                                                     12                                  (F) to replace an HVAC system.
                                                                     13      SEC. 7. SUPPORTING A DIVERSE AND WELL-PREPARED

                                                                     14                              WORKFORCE.

                                                                     15               In addition to amounts otherwise appropriated, there
                                                                     16 are authorized to be appropriated and there are appro-
                                                                     17 priated to the Secretary of Education, out of amounts in
                                                                     18 the Treasury not otherwise appropriated, for fiscal year
                                                                     19 2021 the following:
                                                                     20                        (1) $30,000,000 for grants to eligible partner-
                                                                     21               ships (as defined in section 200(6) of the Higher
                                                                     22               Education Act of 1965 (20 U.S.C. 1021(6))) for
                                                                     23               partnership grants for the establishment of teacher
                                                                     24               and school leader residency programs (as described



pbinns on DSKJLVW7X2PROD with BILLS
                                                                     25               in section 202(e) of the Higher Education Act of


                                                                                 •S 4917 IS

                                      VerDate Sep 11 2014   04:40 Nov 24, 2020   Jkt 019200   PO 00000   Frm 00039   Fmt 6652   Sfmt 6201   E:\BILLS\S4917.IS   S4917
                                                                                                                            40
                                                                       1              1965 (20 U.S.C. 1022a(e))) that, as permitted by
                                                                       2              section 202(e)(2)(A)(vi)(II) of such Act, have admis-
                                                                       3              sion goals and priorities for the consideration of
                                                                       4              teacher and school leader residency applicants who
                                                                       5              reflect the communities in which they will teach and
                                                                       6              serve as well as consideration of individuals from
                                                                       7              underrepresented populations in the teaching and
                                                                       8              principal professions and strategies for supporting
                                                                       9              their program completion.
                                                                     10                        (2) $35,000,000 for grants to eligible institu-
                                                                     11               tions under subpart 2 of part B of title II of the
                                                                     12               Higher Education Act of 1965 (20 U.S.C. 1033 et
                                                                     13               seq.), the Augustus F. Hawkins Centers of Excel-
                                                                     14               lence program. All terms and conditions that apply
                                                                     15               to grants under subpart 2 of part B of title II of
                                                                     16               the Higher Education Act of 1965 shall apply to
                                                                     17               grants made with funds made available under this
                                                                     18               paragraph.
                                                                     19                        (3) $35,000,000 for grants for teacher and
                                                                     20               school leader preparation programs at Tribal Col-
                                                                     21               leges and Universities (as defined in section 316 of
                                                                     22               the Higher Education Act of 1965 (20 U.S.C.
                                                                     23               1059c)), Alaska Native-serving institutions and Na-
                                                                     24               tive Hawaiian-serving institutions (as defined in sec-



pbinns on DSKJLVW7X2PROD with BILLS
                                                                     25               tion 317 of the Higher Education Act of 1965 (20


                                                                                 •S 4917 IS

                                      VerDate Sep 11 2014   04:40 Nov 24, 2020   Jkt 019200   PO 00000   Frm 00040   Fmt 6652   Sfmt 6201   E:\BILLS\S4917.IS   S4917
                                                                                                                            41
                                                                       1              U.S.C. 1059d)), Predominantly Black Institutions
                                                                       2              (as defined in section 318 of the Higher Education
                                                                       3              Act of 1965 (20 U.S.C. 1059e)), Native American-
                                                                       4              serving, nontribal institutions (as defined in section
                                                                       5              319 of the Higher Education Act of 1965 (20
                                                                       6              U.S.C. 1059f)), Asian American and Native Amer-
                                                                       7              ican Pacific Islander-serving institutions (as defined
                                                                       8              in section 320 of the Higher Education Act of 1965
                                                                       9              (20 U.S.C. 1059g)), and Hispanic-serving institu-
                                                                     10               tions (as defined in section 502 of the Higher Edu-
                                                                     11               cation Act of 1965 (20 U.S.C. 1101a)).
                                                                     12      SEC. 8. CONFLICT NOT A BASIS FOR WITHHOLDING FUNDS.

                                                                     13               In the event that any conditions on Federal education
                                                                     14 funding under this Act, or an amendment made by this
                                                                     15 Act, conflict with the rights, remedies, and procedures af-
                                                                     16 forded to school or school district employees under Fed-
                                                                     17 eral, State, or local laws (including applicable regulations
                                                                     18 or court orders as well as requirements that school dis-
                                                                     19 tricts negotiate or meet and confer in good faith) or under
                                                                     20 the terms of collective bargaining agreements, memoranda
                                                                     21 of understanding, or other agreements between such em-
                                                                     22 ployers and their employees, the latter shall control, and
                                                                     23 compliance with the latter will not provide a basis for with-




pbinns on DSKJLVW7X2PROD with BILLS                                              •S 4917 IS

                                      VerDate Sep 11 2014   04:40 Nov 24, 2020   Jkt 019200   PO 00000   Frm 00041   Fmt 6652   Sfmt 6201   E:\BILLS\S4917.IS   S4917
                                                                                                                            42
                                                                       1 holding funds under this Act or an amendment made by
                                                                       2 this Act.
                                                                                                                                Æ




pbinns on DSKJLVW7X2PROD with BILLS                                              •S 4917 IS

                                      VerDate Sep 11 2014   04:40 Nov 24, 2020   Jkt 019200   PO 00000   Frm 00042   Fmt 6652   Sfmt 6301   E:\BILLS\S4917.IS   S4917


File and source

File
BILLS_bills-116s4917is_bills-116s4917is.pdf
Size
290,518 bytes
SHA-256
4f111773fd71a3e3620b7bfbba168ab50e0e22ee98ef170df9b48fec3765f16d
Our copy
BILLS_bills-116s4917is_bills-116s4917is.pdf
Original
www.govinfo.gov
Back to top