Sec. 2. Education preparedness and support grants

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In this section: The term child with a disability has the meaning given the term in section 602 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1401 ). The term disability has the meaning given the term in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ). The term elementary school has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). The term eligible entity means— a Bureau of Indian Education school; a local educational agency, as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ); or an institution of higher education, as defined by the Secretary in accordance with the definitions of the term under title I of the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq.).

The term low-income child or student means— a child described under section 1124(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6333(c) ); or a student who is eligible for a Federal Pell Grant under subpart 1 of part A of title IV ( 20 U.S.C. 1070a ). The term non-public school means a non-public elementary school or secondary school that— is accredited, licensed, or otherwise operates in accordance with State law; and was in existence prior to the date of the qualifying emergency for which grants are awarded under this section.

The term qualifying emergency means— a public health emergency declared by the Secretary of Health and Human Services pursuant to section 319 of the Public Health Service Act ( 42 U.S.C. 247d ); an emergency for which a Governor of a State or territory has declared a state of emergency; an event for which the President declared a major disaster or an emergency under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 and 5191); or a national emergency declared by the President under section 201 of the National Emergencies Act ( 50 U.S.C. 1621 ).

The term public school means a public elementary school or secondary school. The term Secretary means the Secretary of Education. The term secondary school has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). The term State has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). The term State educational agency has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ).

From amounts appropriated to carry out this section and not reserved under paragraph (3), the Secretary is authorized to award grants, on a competitive basis, to States and the Bureau of Indian Education to enable the States and Bureau of Indian Education to respond to safety and health risks presented by qualifying emergencies. Grant funds awarded under this section shall be expended not later than 2 years after the date on which such funds are awarded. The Secretary shall reserve not less than 0.5 percent and not more than 1 percent of amounts appropriated to carry out this section to enable the Department of Education— to provide technical assistance to eligible entities that request technical assistance; and to coordinate technical assistance that is provided by State, local, tribal, and territorial public health departments and other relevant agencies.

The Secretary shall issue a notice inviting applications for grants under this section not later than 30 days after the date of enactment of this Act. The Secretary shall accept applications from States and the Bureau of Indian Education under this section on a rolling basis. The Secretary shall approve or deny applications from States and the Bureau of Indian Education under subsection

(c)not later than 30 days after the date of the submission of the application. A State or the Bureau of Indian Education shall submit an application to the Secretary at such time, in such manner, and including such information as the Secretary may reasonably require. Each application shall include a description of the competitive grant process the State or Bureau of Indian Education will establish to award subgrant funds to eligible entities, including— a demonstration of the need for funds; a description of how the State will coordinate with— the State educational agency; and if applicable, the State agency with jurisdiction over public higher education in the State; a description of how the State or Bureau of Indian Education will make eligible entities aware of available funds; a description of the criteria the State or Bureau of Indian Education will use to award the subgrants; and a description of how the subgrant funds will be allocated. In the case of a State that is applying for a grant under this section, the Governor shall be the lead applicant. A State or the Bureau of Indian Education receiving a grant under this section shall— reserve 5 percent of grant funds to provide technical assistance, including providing technical assistance to eligible entities with limited administrative capacity, and carry out the reporting requirements described in subsection (h); and use 95 percent of grant funds to award subgrants, on a competitive basis, to eligible entities or consortia of eligible entities. An eligible entity desiring to receive a subgrant under this section shall submit to the State, or the Bureau of Indian Education, as applicable, an application containing— a description of the need for funds; a description of how the eligible entity will use the funds, including by providing a budget; a description of how the eligible entity will address the unique needs of low-income children or students, children with disabilities and students with disabilities, English learners, racial and ethnic minorities, students experiencing homelessness, and children in foster care; in the case of an eligible entity that is a local educational agency, an assurance that the local educational agency— has taken the needs of public schools and non-public schools into account prior to the application for funds; will notify all public schools and non-public schools in its boundaries of the receipt of grant funds under this section; and based on the severity of impact and demonstrated need, will address the needs of public schools and non-public schools in its boundaries; and any other requirements established by the Governor. In awarding subgrants under this section a grantee shall prioritize the following eligible entities: Eligible entities with respect to which a significant percentage of the population served by the eligible entity is impacted by a qualifying emergency. Eligible entities serving a high percentage of low-income children or students. An eligible entity receiving a subgrant under this section shall use subgrant funds to carry out one or more of the following activities: Coordination of preparedness and response efforts of eligible entities with State, local, tribal, and territorial public health departments, and other relevant agencies, to improve coordinated responses to qualifying emergencies among such entities. Activities coordinated with State, local, tribal, and territorial public health departments to detect, prevent, or mitigate the spread of infectious disease or otherwise respond to a qualifying emergency. Developing and implementing procedures and systems to improve the preparedness and response efforts of eligible entities. Providing mental health services and supports, including— counseling, for students and staff of the eligible entity; and mental health crisis response and intervention services for students and staff of the eligible entity affected by a qualifying emergency. Training and professional development for staff of the eligible entity on sanitation and minimizing the spread of infectious diseases. Purchasing supplies to sanitize and clean the facilities of an eligible entity, including buildings operated by local educational agencies or institutions of higher education. Hiring outside experts to provide training and professional development for staff to mitigate and minimize the spread of infectious disease in elementary schools and secondary schools, and buildings operated by local educational agencies and institutions of higher education and compensating such staff for any regular or overtime hours spent during such training or professional development and for any duties performed as a result of that training or professional development. If an eligible entity demonstrates that the severity of the hazard precludes the feasible use of existing staff and that services by outside experts is necessary to remedy the hazard, such amounts may be utilized for hiring outside experts to mitigate and minimize spread of infectious disease in such facilities. Planning for long-term closures, including planning for how to provide meals to eligible students, how to provide technology for virtual instruction to all students, how to provide guidance for carrying out requirements under the Individuals with Disabilities Education Act ( 20 U.S.C. 1401 et seq.), and how to ensure other educational services can continue to be provided consistent with all Federal, State, and local requirements. Purchasing educational technology for students who are served by the eligible entity, including low-income students and students with disabilities, which may include assistive technology or adaptive equipment. Other activities that are necessary to maintain the operation of and continuity of services in local educational agencies or institutions of higher education, such as providing information to parents on efforts to prevent and respond to a qualifying emergency. Hiring temporary employees that are necessary to maintain the operations of the eligible entity in the event that the employees of the eligible entity are unable to work by reason of a qualifying emergency, provided that the eligible entity carries out and agrees to all of the following: The eligible entity compensates any such temporary employees at a minimum amount of the greater of— the regular rate of pay of the employee who is unable to work by reason of the qualifying emergency; the minimum wage provided by section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ); or the minimum wage amount provided for by the State or locality in which the employee is employed. The eligible entity continues to compensate any employee who is unable to work by reason of a qualifying emergency and who is temporarily replaced under this paragraph at a minimum amount of the greater of— the regular rate of pay of the employee who is unable to work because of the qualifying emergency; the minimum wage provided by section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ); or the minimum wage amount provided for by the State or locality in which the employee is employed. An employee who was unable to work by reason of the qualifying emergency shall not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment by an entity on the basis of the employee’s previous absence by reason of the qualifying emergency event. A person who is reemployed under this paragraph is entitled to the seniority and other rights and benefits determined by seniority that the person had on the date of the qualifying emergency plus the additional seniority and rights and benefits that such person would have attained if the person had remained continuously employed. In any case in which an employee who is unable to work by reason of the qualifying emergency (or the employee’s dependents) is enrolled in a group health plan (as defined in section 733 of the Employee Retirement Income Security Act of 1974), including group health insurance coverage (as defined in such section 733) offered in connection with such a plan, and such person is absent from such position of employment by reason of the qualifying emergency, or such person becomes eligible for medical and dental care under chapter 55 of title 10 by reason of subsection

(d)of section 1074 of that title, the plan or coverage shall provide that the person may elect to continue such enrollment in the plan or coverage for the duration of the qualifying emergency. The eligible entity shall continue to make employer contributions on its share of premiums and other amounts on behalf of employees as it may have otherwise have had to pay had the employee not been unavailable by reason of the emergency. The eligible entity may not discriminate in employment against or take any adverse employment action against any person because such person— has taken an action to enforce a protection afforded any person under this paragraph; has testified or otherwise made a statement in or in connection with any proceeding to enforce a protection under this paragraph; has assisted or otherwise participated in an investigation to enforce a protection under this paragraph; or has exercised a right provided for in this paragraph. An eligible entity shall be considered to have engaged in actions prohibited under this paragraph— if the employee’s inability to work during the qualifying emergency is a motivating factor in the eligible entity's action, unless the program or agency can prove that the action would have been taken in the absence of the employee’s inability to work; or if the employee’s— action to enforce a protection afforded any person under this paragraph; testimony or making of a statement in or in connection with any proceeding to enforce a protection under this paragraph; assistance or other participation in an investigation to enforce a protection under this paragraph; or exercise of a right provided for in this paragraph, is a motivating factor in the eligible entity's action, unless the program or agency can prove that the action would have been taken in the absence of such person’s enforcement action, testimony, statement, assistance, participation, or exercise of a right. An action to recover any damages or equitable relief for violating this paragraph may be maintained against the eligible entity in any Federal or State court of competent jurisdiction by one or more employees or individuals or their representative. Nothing in subsection

(e)shall be construed to displace any otherwise applicable provision of any collective-bargaining agreement between the eligible entity and a labor organization, as defined by section 2(5) of the National Labor Relations Act ( 29 U.S.C. 152(5) ) or analogous State law, representing its employees or to otherwise relieve the eligible entity of its duty to bargain with any such labor organization. Any eligible entity receiving funds under this section shall maintain the wages, benefits, and other terms and conditions of employment set forth in any collective-bargaining agreement between the eligible entity and a labor organization, as defined in paragraph (1), of its employees or otherwise abide by the terms of any applicable law for the duration of the qualifying emergency and any such additional period as determined by the Secretary, but not less than 6 months after the declaration of the termination of the qualifying emergency. For an eligible entity that is a local educational agency— the control of funds for the services and assistance provided to a non-public school under this section, and title to materials, equipment, and property purchased with such funds, shall be in a public agency, and a public agency shall administer such funds, materials, equipment, and property and shall provide such services (or may contract for the provision of such services with a public or private entity); and when carrying out subsection (e), the local educational agency may serve non-public schools based on demonstrated need and impact. At the end of the grant period, a grantee shall prepare and submit to the Secretary a report containing the following information: The number of subgrants awarded, disaggregated by the type of eligible entity. A list of subgrantees. The average subgrant award amount. The number of subgrant applicants. A summary of the activities that eligible entities carried out using subgrant funds. Not later than 180 days after receiving a subgrant under this section, and every 180 days thereafter, an eligible entity shall prepare and submit to the State or Bureau of Indian Education, as applicable, a report containing the following information: A summary of the activities that the eligible entity carried out using subgrant funds. The number of children or students who were served by such activities, if applicable. There are authorized to be appropriated, and there are appropriated, from amounts in the Treasury not already appropriated, to carry out this section $600,000,000 for fiscal years 2020 and 2021 (in addition to any other amounts appropriated to carry out this section).

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