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H.R. 6380, Open Schools Act

Summary

House bill H.R. 6380 of the 117th Congress, 2D Session, was introduced January 12, 2022, to direct the Secretary of Education to establish a grant program to make grants to the parents of students enrolled in elementary schools or secondary schools that, for any reason related to COVID-19, are failing to provide in-person instruction for each enrolled student for each school day of school year 2021–2022. Rodney Davis of Illinois introduced it for himself and others named in the heading, and it was referred to the Committee on Education and Labor. The short title is the Open Schools Act. Section 2 sets out congressional findings, beginning with the finding that parents are best equipped to make decisions for children.

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Issuer
Congressional materials
Document type
Bills Bills 117Hr6380Ih Bills 117Hr6380Ih
Case
Bills Bills 117Hr6380Ih Bills 117Hr6380Ih

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“H.R. 6380, Open Schools Act.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117hr6380ih-bills-117hr6380ih/, SHA-256 de99b9eff9c2d0a0f3831055d9790b5471706c20a7686c75ca7f50b0f86aca77.

Full text

                                                                                                                                                                          I




                                                                       117TH CONGRESS
                                                                          2D SESSION
                                                                                                             H. R. 6380
                                                                       To direct the Secretary of Education to establish a grant program to make
                                                                           grants to the parents of students enrolled in elementary schools or
                                                                           secondary schools that, for any reason related to COVID–19, are failing
                                                                           to provide in-person instruction for each enrolled student for each school
                                                                           day of school year 2021–2022, and for other purposes.




                                                                                     IN THE HOUSE OF REPRESENTATIVES
                                                                                                  JANUARY 12, 2022
                                                                       Mr. RODNEY DAVIS of Illinois (for himself, Mr. CRAWFORD, Mr. JOHNSON of
                                                                           Ohio, Ms. HERRERA BEUTLER, Mr. BURGESS, Mr. LATURNER, Mr.
                                                                           STEIL, Mr. VALADAO, Mr. GARBARINO, Mr. BABIN, and Mr.
                                                                           OBERNOLTE) introduced the following bill; which was referred to the
                                                                           Committee on Education and Labor




                                                                                                                 A BILL
                                                                       To direct the Secretary of Education to establish a grant
                                                                          program to make grants to the parents of students en-
                                                                          rolled in elementary schools or secondary schools that,
                                                                          for any reason related to COVID–19, are failing to pro-
                                                                          vide in-person instruction for each enrolled student for
                                                                          each school day of school year 2021–2022, and for other
                                                                          purposes.

                                                                         1              Be it enacted by the Senate and House of Representa-




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                                                                         2 tives of the United States of America in Congress assembled,




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                                                                         1     SECTION 1. SHORT TITLE.

                                                                         2              This Act may be cited as the ‘‘Open Schools Act’’.
                                                                         3     SEC. 2. FINDINGS.

                                                                         4              Congress finds the following:
                                                                         5                        (1) Parents are best equipped to make decisions
                                                                         6              for their children, including the educational setting
                                                                         7              that will best serve the interests and educational
                                                                         8              needs of their child.
                                                                         9                        (2) After more than 2 years of the COVID–19
                                                                       10               pandemic, it is now known that pandemic-related
                                                                       11               school closures deprive children of the equalizing
                                                                       12               force of education. The pandemic is widening edu-
                                                                       13               cational inequality and the learning gaps created by
                                                                       14               these shutdowns will only get even worse if they con-
                                                                       15               tinue.
                                                                       16                         (3) Peer interactions are a crucial ingredient to
                                                                       17               academic success. A Yale University study has found
                                                                       18               that the inability to be with friends and peers from
                                                                       19               different socioeconomic groups did more damage to
                                                                       20               children’s educational progress than any other factor
                                                                       21               and underscored the importance of having kids from
                                                                       22               across the socioeconomic spectrum learning together.
                                                                       23                         (4) When schools close, parents are often asked
                                                                       24               to facilitate the learning of children at home and can




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                                                                       25               struggle to perform this task. This is especially true
                                                                       26               for parents with limited resources which can be ex-
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                                                                         1              acerbated even more for rural families without ac-
                                                                         2              cess to broadband.
                                                                         3                        (5) Despite what the mainstream media says
                                                                         4              about most parents across America working from
                                                                         5              home, that simply is not the case. In fact, the vast
                                                                         6              majority of parents do not have the work from home
                                                                         7              luxury many so-called experts would have you be-
                                                                         8              lieve. This has further divided the United States be-
                                                                         9              tween regular, hard-working parents and a new
                                                                       10               ‘‘laptop class’’ that only works remotely. These
                                                                       11               working-class parents do not have the ability to help
                                                                       12               their children learn when their school switches to re-
                                                                       13               mote learning, even if only for a few days at a time.
                                                                       14                         (6) Crucial benchmarks like achievement tests
                                                                       15               and high stakes examinations that determine admis-
                                                                       16               sion or advancement to new education levels and in-
                                                                       17               stitutions, are thrown into disarray when schools
                                                                       18               close. Strategies to postpone, skip, or administer ex-
                                                                       19               aminations at a distance raise serious concerns
                                                                       20               about fairness, especially when access to learning be-
                                                                       21               comes variable. Disruptions to assessments results in
                                                                       22               stress for students and their families and often trig-
                                                                       23               ger disengagement.




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                                                                       24                         (7) Youth may be uniquely susceptible to nega-
                                                                       25               tive mental health outcomes if they are experiencing


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                                                                         1              pandemic-related disruptions to in-person schooling
                                                                         2              in intersection with other adverse circumstances,
                                                                         3              such as racism, poverty, food insecurity, or home in-
                                                                         4              stability. Loss of access to school-based mental
                                                                         5              health care may be of heightened importance for
                                                                         6              youth from low-income families, as they are most
                                                                         7              likely to receive mental health services solely from
                                                                         8              their school.
                                                                         9                        (8) Online learning is no substitute for class-
                                                                       10               room instruction. Nationally, on average, teachers
                                                                       11               say they’re working 2 fewer hours per day than
                                                                       12               when they were in their classrooms. And they esti-
                                                                       13               mate that their students are spending half as much
                                                                       14               time learning, 3 hours a day, as they were before the
                                                                       15               coronavirus pandemic.
                                                                       16                         (9) Chicago Mayor Lori Lightfoot and Chicago
                                                                       17               public schools leadership insist schools are safe and
                                                                       18               have called the refusal of the Chicago Teachers
                                                                       19               Union to work in-person a strike and an illegal work
                                                                       20               action. White House Press Secretary Jen Psaki has
                                                                       21               confirmed schools are safe for students, including in
                                                                       22               Chicago. More than 300,000 public school students
                                                                       23               in Chicago were off in January after the district




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                                                                       24               canceled classes when the Chicago Teachers Union
                                                                       25               voted to refuse orders to work in-person. ‘‘Our


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                                                                         1              schools are safe’’, Chicago public schools CEO Pedro
                                                                         2              Martinez said during a press conference on January
                                                                         3              4, 2022, after the results of the vote were an-
                                                                         4              nounced. ‘‘There is no evidence that our schools
                                                                         5              have ever been unsafe this school year.’’. He added
                                                                         6              that Chicago schools rarely saw evidence of any
                                                                         7              major transmission.
                                                                         8                        (10) Instead of pouring money into schools that
                                                                         9              are failing to stay open for full, in-person learning,
                                                                       10               the United States must instead use these taxpayer
                                                                       11               dollars to support children, not the teacher’s unions,
                                                                       12               and allow parents to make decisions about their
                                                                       13               child’s educational future. The United States should
                                                                       14               provide eligible parents the ability to elect to educate
                                                                       15               their child in an alternate manner, apart from their
                                                                       16               local public school that has closed for in-person
                                                                       17               learning.
                                                                       18      SEC. 3. GRANT PROGRAM.

                                                                       19               (a) IN GENERAL.—The Secretary of Education shall
                                                                       20 establish a grant program to make grants to parents of
                                                                       21 eligible students for the purposes described in subsection
                                                                       22 (d).
                                                                       23               (b) APPLICATION.—




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                                                                       24                         (1) IN GENERAL.—To be eligible to receive a
                                                                       25               grant under this section, a parent of an eligible stu-


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                                                                         1              dent shall submit to the Secretary an application
                                                                         2              demonstrating that, for any reason related to
                                                                         3              COVID–19, the covered school in which such stu-
                                                                         4              dent is enrolled for school year 2021–2022 is failing
                                                                         5              to provide in-person learning for each enrolled stu-
                                                                         6              dent for each school day during such school year.
                                                                         7                        (2) OTHER                REQUIREMENTS.—The                              Secretary
                                                                         8              shall accept applications under paragraph (1) on an
                                                                         9              annual rolling basis and make such application avail-
                                                                       10               able as a standardized form in electronic and written
                                                                       11               format.
                                                                       12               (c) AMOUNT OF GRANTS.—
                                                                       13                         (1) IN GENERAL.—A parent of 1 or more eligi-
                                                                       14               ble students whom the Secretary determines quali-
                                                                       15               fies for a grant under this section shall receive such
                                                                       16               grant for each eligible student of such parent in an
                                                                       17               amount that does not exceed $10,000. An eligible
                                                                       18               student may not benefit from more than 1 grant
                                                                       19               under this section.
                                                                       20                         (2) FUNDING.—To award such a grant, the
                                                                       21               Secretary shall—
                                                                       22                                  (A) require the State that provided funds
                                                                       23                         under section 2001 of the American Rescue




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                                                                       24                         Plan Act of 2021 (20 U.S.C. 3401 note) to the
                                                                       25                         local educational agency in which the applicable


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                                                                         1                        covered school is located to return such funds
                                                                         2                        to the Secretary; and
                                                                         3                                 (B) use such returned funds for such
                                                                         4                        grant.
                                                                         5              (d) USE OF FUNDS.—Any amounts made available
                                                                         6 to a parent under this section may be used, with respect
                                                                         7 to an eligible student—
                                                                         8                        (1) to pay the tuition and fees for a private ele-
                                                                         9              mentary school or a private secondary school;
                                                                       10                         (2) to pay the cost (such as the average per
                                                                       11               pupil price) of attending a public elementary school
                                                                       12               or secondary school that provides in-person school;
                                                                       13                         (3) for private tutoring (including through a
                                                                       14               learning pod or microschool);
                                                                       15                         (4) for the home school expenses;
                                                                       16                         (5) to purchase educational materials, including
                                                                       17               instruction materials and textbooks;
                                                                       18                         (6) for purchasing electronic devices to facili-
                                                                       19               tate the education of such eligible student; or
                                                                       20                         (7) for such other purposes as the Secretary de-
                                                                       21               termines appropriate.
                                                                       22               (e) DOCUMENTATION.—The Secretary may request
                                                                       23 documentation from a recipient of a grant under this sec-




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                                                                       24 tion that demonstrates that such grant was used in ac-
                                                                       25 cordance with subsection (d).


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                                                                         1              (f) RULES OF CONSTRUCTION.—Nothing in this sec-
                                                                         2 tion shall be construed—
                                                                         3                        (1) to impact any aspect of private, religious, or
                                                                         4              home education providers;
                                                                         5                        (2) to exclude private, religious, or home edu-
                                                                         6              cation providers from receiving funds pursuant to a
                                                                         7              grant under this section; or
                                                                         8                        (3) to require a qualified educational service
                                                                         9              provider to alter any creed, practice, admissions pol-
                                                                       10               icy, or curriculum in order to receive funds pursuant
                                                                       11               to a grant under this section.
                                                                       12               (g) DEFINITIONS.—In this section:
                                                                       13                         (1) ELIGIBLE STUDENT.—The term ‘‘eligible
                                                                       14               student’’ means a student who is enrolled for school
                                                                       15               year 2021–2022 in a covered school that, for any
                                                                       16               reason related to COVID–19, is failing to provide in-
                                                                       17               person learning for each enrolled student for each
                                                                       18               school day during such school year.
                                                                       19                         (2) COVERED                     SCHOOL.—The                 term ‘‘covered
                                                                       20               school’’ means an elementary school or secondary
                                                                       21               school located in a local educational agency that re-
                                                                       22               ceived an amount under section 2001 of the Amer-
                                                                       23               ican Rescue Plan Act of 2021 (20 U.S.C. 3401




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                                                                       24               note).




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                                                                         1                        (3) ESEA               TERMS.—The                   terms ‘‘elementary
                                                                         2              school’’, ‘‘secondary school’’, ‘‘parent’’, and ‘‘Sec-
                                                                         3              retary’’ have the meanings given such terms in sec-
                                                                         4              tion 8101 of the Elementary and Secondary Edu-
                                                                         5              cation Act of 1965 (20 U.S.C. 7801).
                                                                                                                                  Æ




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