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S. 980, Reopen for Kids Act

Summary

Senate bill S. 980 of the 117th Congress, 1st Session, was introduced March 25, 2021, to restrict funds to local educational agencies that have obligated previously appropriated funds and reopen schools for in-person learning. Hagerty introduced it, and it was referred to the Committee on Health, Education, Labor, and Pensions. The short title is the Reopen for Kids Act. No funds under the American Rescue Plan Act of 2021 could be used to assist an agency while the agency’s earlier CARES Act funds remain unobligated, or unless the agency submits a plan for full-day, in-person learning 5 days a week and fully implements that plan. An agency that fails to implement the plan within 14 days after approval must return funds to the State, which returns those funds to the general fund of the Treasury.

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Issuer
Congressional materials
Document type
Bills Bills 117S980Is Bills 117S980Is
Case
Bills Bills 117S980Is Bills 117S980Is

Cite this document

“S. 980, Reopen for Kids Act.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117s980is-bills-117s980is/, SHA-256 b81d1973ffa97a511d2179844dfe741059da6d0e33ae22656ed19d4af4d34b49.

Full text

                                                                                                                                                                        II




                                                                       117TH CONGRESS
                                                                          1ST SESSION
                                                                                                                 S. 980
                                                                         To restrict funds to local educational agencies that have obligated previously
                                                                                appropriated funds and reopen schools for in-person learning.




                                                                                   IN THE SENATE OF THE UNITED STATES
                                                                                                    MARCH 25, 2021
                                                                        Mr. HAGERTY introduced the following bill; which was read twice and referred
                                                                               to the Committee on Health, Education, Labor, and Pensions




                                                                                                                 A BILL
                                                                       To restrict funds to local educational agencies that have
                                                                          obligated previously appropriated funds and reopen
                                                                          schools for in-person learning.

                                                                         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 ‘‘Reopen for Kids Act’’.
                                                                         5     SEC. 2. FUNDING FOR REOPENING.

                                                                         6               (a) NO NEW FUNDS UNTIL AVAILABLE FUNDS ARE
                                                                         7 OBLIGATED.—Notwithstanding any other provision of
                                                                         8 law, no funds appropriated under part 1 of subtitle A of




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                                                                         9 title II of the American Rescue Plan Act of 2021 (Public
                                                                       10 Law 117–2) may be used to provide assistance to a local

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                                                                         1 educational agency to prevent, prepare for, or respond to
                                                                         2 the coronavirus—
                                                                         3                        (1) while funds awarded to such local edu-
                                                                         4               cational agency under the Elementary and Sec-
                                                                         5               ondary School Emergency Relief Fund or Governor’s
                                                                         6               Emergency Education Relief Fund under title VIII
                                                                         7               of division B of the CARES Act (Public Law 116–
                                                                         8               136) or title III of the Coronavirus Response and
                                                                         9               Relief Supplemental Appropriations Act, 2021 (Pub-
                                                                       10                lic Law 116–260) remain unobligated; and
                                                                       11                         (2) unless the local educational agency—
                                                                       12                                  (A) submits a plan to the State edu-
                                                                       13                         cational agency to provide full-day, in-person
                                                                       14                         learning 5 days a week for all students medi-
                                                                       15                         cally able to participate at all public schools
                                                                       16                         served by the local educational agency; and
                                                                       17                                  (B) fully implements such plan, except as
                                                                       18                         provided in subsection (b), not later than 14
                                                                       19                         days after the date the State educational agen-
                                                                       20                         cy approves such plan.
                                                                       21                (b) AMENDMENT TO REOPENING PLAN.—
                                                                       22                         (1) IN GENERAL.—If a local educational agency
                                                                       23                determines there is a significant rise in COVID
                                                                       24                cases in the area served by the local educational



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                                                                       25                agency after the plan described in subsection


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                                                                         1               (a)(2)(A) has been implemented, the local edu-
                                                                         2               cational agency may amend the plan.
                                                                         3                        (2) AMENDMENT.—An amendment under para-
                                                                         4               graph (1)—
                                                                         5                                 (A) shall be approved by the Governor, in
                                                                         6                        consultation with the local school board;
                                                                         7                                 (B) may include a short-term reversion to
                                                                         8                        part-time or full-time virtual learning, if war-
                                                                         9                        ranted by a significant rise in COVID cases in
                                                                       10                         the area served by the local educational agency;
                                                                       11                         and
                                                                       12                                  (C) shall specify a date by which, or condi-
                                                                       13                         tions under which, the local educational agency
                                                                       14                         will return to providing in-person learning as
                                                                       15                         described in subsection (a)(2)(A).
                                                                       16                (c) RETURN OF FUNDS.—
                                                                       17                         (1) IN GENERAL.—A local educational agency
                                                                       18                that, as determined by the State educational agency,
                                                                       19                fails to implement the plan described in subsection
                                                                       20                (a)(2)(B) not later than 14 days after the date the
                                                                       21                State educational agency approves such plan, shall
                                                                       22                return to the State—
                                                                       23                                  (A) 75 percent of the funds received by the
                                                                       24                         end of the first 7 days the implementation of



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                                                                       25                         the plan is delayed beyond the 14 days; and


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                                                                         1                                 (B) the remaining 25 percent of the funds
                                                                         2                        received by the end of the second 7 days the
                                                                         3                        implementation of the plan is delayed beyond
                                                                         4                        the 14 days.
                                                                         5                        (2)       COMING                INTO        COMPLIANCE.—Notwith-

                                                                         6               standing paragraph (1), a local educational agency
                                                                         7               that implements the plan within 14 days of being in
                                                                         8               noncompliance shall be eligible to receive the full
                                                                         9               amount under part 1 of subtitle A of title II of the
                                                                       10                American Rescue Plan Act of 2021 (Public Law
                                                                       11                117–2) for which the agency is eligible.
                                                                       12                         (3) FUNDS TO BE RETURNED TO TREASURY.—
                                                                       13                A State shall return all funds returned to the State
                                                                       14                under paragraph (1) to the general fund of the De-
                                                                       15                partment of the Treasury.
                                                                                                                                  Æ




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