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Code · BILL · 116th Congress · S. 4112 (Introduced in Senate) — To support education and child care during the COVID–19 public health emergency, and for other purposes. · Sec. 212

Sec. 212. Education stabilization funds

7,628 words·~35 min read·/bill/116/s/4112/is/section-212

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

Section 18001 of division B of the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 ) is amended to read as follows: From any amounts made available for this heading to carry out the Education Stabilization Fund, the Secretary shall first allocate— not more than one-half of 1 percent to the outlying areas on the basis of their respective needs, as determined by the Secretary, in consultation with the Secretary of the Interior; and one-half of 1 percent for the Secretary of Interior, in consultation with the Secretary of Education, for programs operated or funded by the Bureau of Indian Education and Tribal Colleges or Universities.
By not later than 30 days after the date of enactment of an Act appropriating or otherwise making available amounts to carry out the Education Stabilization Fund, the Secretary shall make the allocations required under paragraph (1). After carrying out subsection (a), the Secretary shall reserve the remaining funds made available as follows: 9.8 percent to carry out section 18002 of this title. 51.3 percent to carry out section 18003 of this title. 38.9 percent to carry out section 18004 of this title. .
Section 18002(c) of the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 ) is amended— in paragraph (2), by striking and ; and by striking paragraph
(3)and inserting the following: provide support to early childhood education programs, as defined in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 ), including State and local prekindergarten programs, within the State that the Governor deems essential for promoting continuity of care and educational services for children; and provide support to any other institution of higher education, local educational agency, educational service agency, area career and technical education school (as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 )), or eligible provider of adult education and literacy activities (as such terms are defined in section 203 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3272 )) within the State that the Governor deems essential for carrying out emergency educational services to students for authorized activities described in section 18003(d)(1)(A) of this title or the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq.), the provision of child care and early childhood education, social and emotional support, and the protection of education-related jobs. . Subsections
(d)and
(e)of section 18003 of division B of the Coronavirus Aid, Relief, and Economic Security Act are amended to read as follows: A local educational agency that receives funds under this title may, subject to paragraph (2), use the funds for any of the following: Any activity authorized by the Elementary and Secondary Education Act of 1965, including the Native Hawaiian Education Act and the Alaska Native Educational Equity, Support, and Assistance Act ( 20 U.S.C. 6301 et seq.), the Individuals with Disabilities Education Act ( 29 U.S.C. 3271 et seq.), the Adult Education and Family Literacy Act ( 29 U.S.C. 3271 et seq.), the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq.), or subtitle B of title VII of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11431 et seq.). Coordination of preparedness and response efforts of local educational agencies with State, local, Tribal, and territorial public health departments, and other relevant agencies, to improve coordinated responses among such entities to prevent, prepare for, respond to, and mitigate the spread of COVID–19, including— developing strategies and implementing public health protocols for the reopening and operation of school facilities to effectively maintain the health and safety of students, educators, and other staff; and addressing school management and operation issues due to social distancing and the COVID–19 pandemic, including issues related to transportation services, school schedules, food services, the health and safety of students, educators, and other staff, environmental management, and cleaning, sanitizing and disinfecting educational facilities. Providing principals and other school leaders with the resources necessary to address the needs of their individual schools, including effectively communicating with families and staff, improving instruction provided to students through distance education, and supporting the social and emotional wellbeing of students, educators, and other staff. Activities to address the needs of low-income students, children with disabilities, English learners, students of color, students experiencing homelessness, migrant children, children and youth in foster care, and students involved with the juvenile justice system, including outreach and service delivery to meet the needs of each population. Developing and implementing procedures and systems to improve the preparedness and response efforts of local educational agencies. Meeting the social, emotional, and academic needs of students and educators during a qualifying emergency, including— providing mental health services and trauma-informed supports, including universal screening and other evidence-based prevention practices; measuring students’ current academic progress and addressing learning loss, including using diagnostic assessments to identify students’ needs; providing professional development for educators, paraprofessionals, principals, other school leaders, specialized instructional support personnel, and other staff to respond to students’ needs, including professional development on the use of diagnostic assessments described in paragraph (2)(A); and supporting access to school-age child care and services provided by community learning centers. Purchasing supplies to sanitize and clean the facilities of a local educational agency, including buildings operated by such agency, and purchasing personal protective equipment for educators and other staff and students. Providing training or professional development to educators, principals, other school leaders, and other staff of the local educational agency on sanitation, the use of personal protective equipment, and minimizing the spread of infectious diseases. Planning, coordinating, and implementing activities during long-term and short-term school closures and staggered school schedules, including— providing meals to eligible students; providing technology and connectivity for online learning to all students; coordinating with child care providers and community learning centers to provide child care and after-school care; providing guidance for carrying out requirements under the Individuals with Disabilities Education Act ( 20 U.S.C. 1401 et seq.); and ensuring other educational services can continue to be provided consistent with all Federal, State, and local requirements. Purchasing educational technology (including hardware, software, and connectivity) for students who are served by the local educational agency that aids in regular and substantive educational interaction between students and their classroom instructors, including low-income students and children with disabilities, which may include assistive technology or adaptive equipment. Improving academic instruction provided to students during a qualifying emergency, including— providing professional development to educators, paraprofessionals, principals, other school leaders, specialized instructional support personnel, and other staff on— effective high-quality and standards-based instruction through distance education, including— how to effectively deliver online and blended learning as a long-term instructional strategy and for supplemental instruction to address learning loss; and how to ensure instruction is accessible to all students, including children with disabilities and English learners; managing online tools and platforms; providing students with real-time instruction, progress monitoring, and feedback; administering diagnostic assessments and using such data to improve instruction; tracking student attendance and improving student engagement in distance education; and providing resources and assistance to parents to support students engagement with distance education, including in online or blended learning environments. Planning and implementing activities related to summer learning, supplemental afterschool programs, and extending the school day or school year, including providing classroom instruction or distance education during the summer months and addressing the needs of low-income students, children with disabilities, English learners, migrant children, students experiencing homelessness, children and youth in foster care, and students involved with the juvenile justice system. Supporting secondary school students in transitioning from high school to postsecondary education, including by— coordinating with institutions of higher education; advising such students on dual enrollment or early college opportunities, and providing such opportunities to such students; and advising such students on college enrollment options and policies, the availability of need-based financial aid, and completing the Free Application for Federal Student Aid. Other activities that are necessary to maintain the operation of and continuity of services in local educational agencies and continuing to employ existing staff of the local educational agency. A local educational agency that receives funds under this section shall use not less than 20 percent of such funds to measure academic progress and address learning loss among students, including low-income students, students of color, children with disabilities, English learners, migrant children, students experiencing homelessness, children and youth in foster care, and students involved with the juvenile justice system, of the local educational agency, including by— administering and using high-quality diagnostic assessments that are valid and reliable, to accurately assess students’ academic progress and assist educators in meeting students’ academic needs, including through differentiating instruction; implementing evidence-based activities to meet the comprehensive needs of students, which may include— implementing any program or activity described in section 4108 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7118 ); supporting social-emotional learning; implementing universal screenings for adverse childhood experiences and trauma and implementing interventions in response to such screenings; implementing culturally responsive practices; and extending instructional time, which may include high-quality distance instruction, during non-traditional school days and hours (including during the summer); providing professional development to educators and other staff on how to— address students’ social, emotional, and academic needs; modify instruction and scheduling to accelerate students’ academic progress; effectively implement distance learning, including strategies for address the learning needs of low-income students, students of color, children with disabilities, English learners, migrant children, students experiencing homelessness, children and youth in foster care, and students involved in the juvenile justice system; and use diagnostic assessments to individualize academic instruction; and providing information and assistance to parents and families on how they can effectively support students, including in a distance learning environment. A State receiving a grant under this section— shall reserve not less than 5 percent of the grant for activities related to addressing learning loss, which— shall include determining students’ academic, social, and emotional needs, through— ensuring local educational agencies implement high-quality diagnostic assessments that are valid and reliable; developing and implementing methods to periodically measure student academic progress and student engagement and well-being; and reporting on the academic progress, engagement, and well-being of students, in accordance with the requirements under section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ) (commonly known as the Family Educational Rights and Privacy Act of 1974 ) and in a way that protects students' personally identifiable information; and may include— implementing policies to support extending instructional time; providing professional development to educators and other staff on how to— address students’ social, emotional, and academic needs; modify instruction and scheduling to accelerate students’ academic progress; effectively implement distance learning, including strategies to address the learning needs of low-income students, students of color, children with disabilities, English learners, migrant children, students experiencing homelessness, children and youth in foster care, and students involved with the juvenile justice system; and use diagnostic assessments to individualize academic instruction; and implementing activities to improve the quality of distance learning during a qualifying emergency; and may reserve— not more than one-half of 1 percent of the grant for administrative costs; and the remainder for emergency needs as determined by the State educational agency to address issues responding to COVID–19, which may be addressed through the use of grants or contracts. . Section 18004 of division B of the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 ) is amended— in subsection (a)— in paragraph (1)— in the matter preceding subparagraph (A)— by inserting (defined as an institution described in section 101 or section 102(c) of the Higher Education Act of 1965 ( after 20 U.S.C. 1001 , 1002(c)) higher education ; and by striking coronavirus and inserting a qualifying emergency ; and in each of subparagraphs
(A)and (B)— by striking full-time equivalent and inserting the total ; by striking are and inserting were ; and by striking coronavirus and inserting qualifying ; in paragraph (2)— by striking coronavirus and inserting the qualifying emergency ; by inserting mandatory funding and after the relative share of ; and by striking (as defined under and all that follows through child care ; and by striking paragraph
(3)and inserting the following: 1 percent, to be distributed among each institution of higher education, as defined by section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ), that enrolled 100 percent of students of the institution exclusively in distance education prior to the qualifying emergency, by apportioning it— 75 percent according to the relative share of the total enrollment of Federal Pell Grant recipients who were exclusively enrolled in distance education courses prior to the qualifying emergency; and 25 percent according to the relative share of the total enrollment of students who were not Federal Pell Grant recipients and who were exclusively enrolled in distance education courses prior to the qualifying emergency. 1.5 percent to be distributed among each institution described in section 102(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1002(b) ) to prevent, prepare for, and respond to the qualifying emergency, by apportioning it— 75 percent according to the relative share of the total enrollment of Federal Pell Grant recipients who were not exclusively enrolled in distance education courses prior to the qualifying emergency; and 25 percent according to the relative share of the total enrollment of students who were not Federal Pell Grant recipients who were not exclusively enrolled in distance education courses prior to the qualifying emergency. ; by striking subsections
(b)and
(c)and inserting the following: A of title III institutions The funds made available under subsection (a)(2) for awards under part A (other than sections 316 through 320) of title III, sections 317, 318, 319, and 320, and parts A and B of title V, of the Higher Education Act of 1965, shall be distributed by the Secretary through an application process as described in paragraph (4). The institutions that are eligible to submit an applications for funds made available under subsection (a)(2) are as follows: An eligible institution that received a 5 or 6 code in the Secretary’s fiscal year 2020 Eligibility Matrix. An eligible institution that successfully applied for eligibility under part A (other than sections 316 through 320) of title III, section 317, 318, 319, or 320, or part A or B of title V, of the Higher Education Act of 1965, based on an application submitted— not later than January 31, 2020; after the date of enactment of this Act and before the date of enactment of the Coronavirus Child Care and Education Relief Act ; or not later than 45 days after the date of enactment of the Coronavirus Child Care and Education Relief Act . The Secretary shall— make available an application to institutions to apply for eligibility in accordance with paragraph (2)(B)(iii); and make a determination of eligibility for an institution that applies under paragraph (2)(B)(iii) not later than 10 days after the date of receipt of such application. In determining the allotments for awards under this section for part A (other than sections 316 through 320) of title III, sections 317, 318, 319, and 320, and parts A and B of title V, of the Higher Education Act of 1965, the Secretary shall carry out the following: Notwithstanding any application requirements under section 318(f), 391, or 521 of the Higher Education Act of 1965 ( 20 U.S.C. 1059e(f) , 20 U.S.C. 1068 , 20 U.S.C. 1103 ), the Secretary shall issue a streamlined common application for all institutions eligible under paragraph
(1)to use to— demonstrate unmet needs as described in subparagraph (B); and the ways that the institution will use the funds to ameliorate such needs. In the case of an institution eligible for an award under section 318 of the Higher Education Act of 1965 ( 20 U.S.C. 1059e ) that submits an application under clause (i), the Secretary shall allot funding according to the formula under section 318(e) of such Act. The Secretary may allow cumulative awards to an institution that demonstrates significant unmet needs and is eligible for an award under 2 or more of the following: Sections 317, 318, 319, and 320, and part A and part B of title V of such Act. In the case of an institution that is eligible for 1 or more awards under section 317, 318, 319, or 320, or part A or B of title V, of such Act, and is eligible for an award under part A (other than sections 316 through 320) of title III of such Act, the Secretary shall award such institution the greater of— the 1 or more awards under section 317, 318, 319, or 320, or part A or B of title V, of such Act (in accordance with clause (iii)); or the award under part A (other than sections 316 through 320) of title III of such Act. In demonstrating unmet needs for purposes of subparagraph (A), an eligible institution shall describe— the decline in revenues at the institution, on a dollar and percentage basis; any exceptional costs or challenges implementing distance education due to a lack of technological infrastructure, including due to students who lack access to adequate technology to move to distance education; and the outstanding need to provide additional grants for any component of the student’s cost of attendance. Except for institutions eligible for an award under section 318 of the Higher Education Act of 1965, the Secretary shall make competitive awards to eligible institutions under this paragraph based on the criteria described in clause (i). Notwithstanding the application requirements under sections 325, 326(d), and 723(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1063a , 1063b(d), 1136a(c)), from the funds made available under subsection (a)(2) for awards under part B of title III and subpart 4 of part A of title VII of the Higher Education Act of 1965 for a fiscal year, the Secretary shall allot to each institution eligible for assistance under any of the programs authorized under such provisions an amount from the funds using the following formula: 70 percent according to a ratio equivalent to the number of Federal Pell Grant recipients in attendance at such institution at the end of the school year preceding the beginning of that fiscal year and the total number of Federal Pell Grant recipients at all such institutions at the end of such school year. 20 percent according to a ratio equivalent to the number of students enrolled at such institution at the end of the school year preceding the beginning of that fiscal year and the total number of students enrolled at all such institutions at the end of such school year. 10 percent, divided proportionately among all such institutions based on the ratio of the total endowment size at all such institutions at the end of the school year preceding the beginning of that fiscal year and the endowment size at each such institution. Notwithstanding the application requirement under section 316(d)(2) of the Higher Education Act of 1965 ( 20 U.S.C. 1059c(d)(2) ), from the funds made available under subsection (a)(2) for awards under section 316 of such Act, the Secretary shall allot funding to eligible institutions according to the formula in section 316(d)(3)(B) of such Act. The Secretary shall brief the authorizing committees (as defined in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 )) and the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives not later than 10 days before the date the applications under paragraphs
(3)and
(4)are made available and not later than 10 days before the date the Secretary announces awards under paragraphs (4), (5), and (6). Except as otherwise specified in subsection (a): An institution of higher education receiving funds under paragraphs
(1)and
(2)of subsection (a)— may use the funds received to defray expenses (including lost revenue, reimbursement for expenses already incurred, technology costs associated with a transition to distance education, faculty and staff trainings, and payroll) incurred by institutions of higher education due to the qualifying emergency; and notwithstanding any other provision of law, shall use not less than 50 percent of such funds to provide emergency financial aid grants to students— for any component of the student’s cost of attendance; and with the institution solely determining which students receive such grants, which may include any student enrolled in the institution (including students exclusively enrolled in distance education). An institution of higher education receiving funds under subsection (a)(3) shall, notwithstanding any other provision of law, use all such funds to provide emergency financial aid grants to students for any component of the student’s cost of attendance, with the institution solely determining which students receive such grants, which may include any student enrolled in the institution. An institution of higher education receiving funds under subsection (a)(4) shall, notwithstanding any other provision of law, use all such funds to provide emergency financial aid grants to students— for any component of the student’s cost of attendance; and with the institution solely determining which students receive such grants, which may include any student enrolled in the institution (including students exclusively enrolled in distance education). A Historically Black College or University or a Minority Serving Institution may use prior awards provided under titles III, V, and VII of the Higher Education Act of 1965 to prevent, prepare for, and respond to the qualifying emergency. An institution of higher education shall not use funds awarded under this title for— payment to contractors for the provision of pre-enrollment recruitment activities; endowments; senior administrator or executive salaries, benefits, bonuses, contracts, incentives, stock buybacks, shareholder dividends, capital distributions, stock options; or any other cash or other benefit for a senior administrator or executive; or athletics, sectarian instruction, or religious worship. ; by striking subsection (d); and by inserting after subsection
(c)the following: The Secretary shall reallocate funds remaining under this section within 90 days of making initial allocations available to institutions and receiving applications for funds under this section in accordance with the formula specified in subsection (a)(1). An institution shall return to the Secretary any funds received under this section that the institution does not award within 1 year of receiving such funds and the Secretary shall reallocate such funds to the remaining institutions in accordance with subsection (a)(1). . For purposes of subsections (a)(24) and
(d)of section 487 of the Higher Education Act of 1965 ( 20 U.S.C. 1094 ), amounts provided to an institution of higher education under title XVIII of division B of the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 ) shall be deemed to be amounts provided under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq.). Section 18005 of division B of the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 ) is amended— by striking the section heading and inserting ; and Equitable services for students in non-public schools in subsection (a)— by inserting
(1)after ; In General .— by inserting (including the specific requirements of subsections (a)(4)(A)(i) and
(c)of such section and subject to paragraph (2)) after in non-public schools ; and by adding at the end the following: In determining the proportional share of expenditures for the equitable services described in paragraph (1), a local educational agency shall use the proportion determined under section 1117(a)(4)(A)(i) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6317(a)(4)(A)(i) ) for the purposes of part A of title I of such Act for fiscal year 2019. A local educational agency required to provide equitable services under paragraph
(1)shall provide such services to students and teachers at non-public schools who were eligible to receive equitable services from such local educational agency during fiscal year 2019 under section 1117 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6317 ). . Section 18007 of division B of the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 ) is amended to read as follows: Except as otherwise provided in sections 18001–18006 of this title, as used in such sections— the term cost of attendance has the meaning given such term in section 472 of the Higher Education Act of 1965; the term community learning center has the meaning given the term in section 4201(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C.7171(b)); the terms elementary education and secondary education have the meanings given such terms under State law; the term institution of higher education means an institution defined under title I of the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq.); the term non-public school means a non-public elementary and secondary school that
(A)is accredited, licensed, or otherwise operates in accordance with State law; and
(B)was in existence prior to the date of the qualifying emergency for which grants are awarded under this section; the term outlying areas includes the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau and notwithstanding section 105(f)(1)(B)(v) of the Compact of Free Association Amendments Act of 2003 ( 48 U.S.C. 1921d(f)(1)(B)(v) ) or any other law; the term public school means a public elementary school or secondary school; the term qualifying emergency has the meaning given the term in section 3502(a)(4) of division A of this Act; the term Secretary means the Secretary of Education; the term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico; the term Tribal College or University has the meaning given such term in section 316(b)(3) of the Higher Education Act of 1965 ( 20 U.S.C. 1059c(b)(3) ); and any other term used that is defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ) shall have the meaning given the term in such section. . Section 18006 of division B of the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 ) is amended by striking coronavirus and inserting a qualifying emergency . Section 18008 of the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 ) is amended to read as follows: A State’s application for funds under 18002 or 18003 of this title shall include assurances that the State will— maintain support for elementary and secondary education in fiscal years 2020, 2021, and 2022, at least at the levels of such State’s support for elementary and secondary education provided in the State's fiscal year 2019 or fiscal year 2020, whichever is greater; and maintain support for higher education (which shall include State funding to institutions of higher education and State financial aid, and shall not include support for capital projects, research and development, or tuition and fees paid by students) in fiscal years 2020, 2021, and 2022, at least at the levels of such State’s support for higher education provided in the State's fiscal year 2019 or fiscal year 2020, whichever is greater. Funds made available to States under this title shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized under this title. . Title XVIII of division B of the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 ) is amended by inserting after section 18008 the following: Not later than 30 days after the date of enactment of the Coronavirus Child Care and Education Relief Act , the Secretary shall announce allocations to entities under sections 18001 through 18006 on a publicly accessible website, including allocations made before such date of enactment. The Secretary shall submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Appropriations of the Senate, the Committee on Education and Labor of the House of Representatives, and the Committee on Appropriations of the House of Representatives— not later than 180 days after the date of enactment of the Coronavirus Child Care and Education Relief Act and quarterly thereafter until all funds allocated under section 18001(a) are expended, which shall include for all allocations under section 18001(a)(1)— the outlying areas to which the Secretary allocated funds; the outlying areas to which the Department did not allocate funds; the allocation amounts, by each outlying area; and the Secretary’s rationale for determining the allocation amount; not later than 10 days after the date of enactment of the Coronavirus Child Care and Education Relief Act and quarterly thereafter until all funds allocated under section 18001(a) are expended, which shall include for all allocations under section 18001(a)(2)— the programs operated or funded by the Bureau of Indian Education and Tribal Colleges or Universities to which the Secretary of the Interior, in consultation with the Secretary of Education, allocated funds; the programs operated or funded by the Bureau of Indian Education and Tribal Colleges or Universities to which the Secretary of the Interior, in consultation with the Secretary of Education, did not allocate funds; the allocation amounts by each program; and the methodology and rationale for determining the allocation amounts; and not later than 180 days after the date of enactment of the Coronavirus Child Care and Education Relief Act and quarterly thereafter until all funds allocated under section 18001(a) are expended, which shall include for all grants under section 18001(a)(3)— the Secretary’s methodology and rationale for distributing such grants, including how the Secretary determined which States have the highest COVID–19 burden; the name of any grantee; a summary of the grantee’s application; the award amount per grantee, the allowable uses of funds, and any limitations on such uses of funds; and for all for all service providers and subgrantees selected by the grantee under section 18001(a)(3), the following information, which shall be collected by the grantee and made publicly available on the grantee’s website and reported to the Secretary for inclusion in the Secretary’s report: The name of any service providers or subgrantees. A summary of the service provider or subgrantee’s application. How much funding was distributed to public and non-public entities, further disaggregated by funding to private nonprofit and private for-profit entities. How much funding was reserved for State-level activities. A summary of the use of funds provided to service providers or subgrantees. The methodology adopted by grantees in selecting and reviewing service providers and course offerings and ensuring funded activities are high-quality. the percentage of funds spent serving low-income students by each service provider or subgrantee. Not later than 120 days after receiving a grant under section 18001(a)(3), each grantee shall submit a report to the Secretary containing the information described in paragraph (2)(C)(v) and make such information publicly available on the grantee’s website. Not later than 120 days after receiving an allocation under section 18001(a)(2), the Director of the Bureau of Indian Education shall— submit a report to the Secretary containing information about which programs were funded with such allocation and a summary of the uses of funds by such programs; and make such report publicly available on the website of the Bureau of Indian Education. Each Governor that receives a grant under section 18002(a) shall, not later than 90 days after the date of the disbursal of the Governor’s first grant under section 18002(c) if such first grant is made after the date of enactment of the Coronavirus Child Care and Education Relief Act or not later than 90 days after such date of enactment if such first grant was made before such date of enactment, submit a report to the Secretary that includes the methodology the State used to distribute grants under paragraphs
(1)through
(3)of section 18002(c), and— for each such grant made by Governor— a summary of the grant application and whether the Governor provided the grant under paragraph (1), (2), or
(3)of section 18002(c); the name of the grantee, the amount of the grant, the allowable uses of grant funds, and any limitations to such uses of funds; whether the grantee is a public or non-public entity, further disaggregated by private nonprofit and private for-profit entities; and what percentage of grant funds were spent serving low-income students; a summary of how the State grant funds were distributed within the State to entities serving high-poverty areas; and a summary of how the Governor used funds to meet the academic and social and emotional needs of low-income students, first-generation college students, children and students with disabilities, English learners, students of color, students experiencing homelessness, children or youth in foster care, migrant children, and students involved with the juvenile justice system. Each Governor that receives a grant under section 18002(a) shall, following the submission of the report described in paragraph (1), submit to the Secretary a report that contains the information described in paragraph (1), once a quarter until all funds allocated under section 18002 are expended. Each grantee that receives a grant from a Governor under section 18002(c) shall submit a report to the Governor, not later than 30 days after receiving the grant, containing the information described in paragraph (1)(A). The Secretary shall publish each report under paragraphs
(1)and
(2)on a publicly accessible website not later than 30 days after the date of receipt of the report. Not later than 12 months after the date of enactment of the Coronavirus Child Care and Education Relief Act , the Secretary shall provide a report to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Appropriations of the Senate, the Committee on Education and Labor of the House of Representatives, and the Committee on Appropriations of the House of Representatives summarizing the findings from the reports received under this subsection. Each State educational agency that receives a grant under section 18003 shall, not later than 180 days after the making the State educational agency’s first subgrant under section 18003(c) if such first subgrant is made after the date of enactment of the Coronavirus Child Care and Education Relief Act or not later than 90 days after such date of enactment if such first subgrant was made before such date of enactment, submit a report to the Secretary that includes— the number of subgrants awarded and the amount of funding awarded to each subgrantee; a summary of the activities that subgrantees will carry out using subgrant funds, including for any focus areas identified by the State educational agency; the percentage of funds the State educational agency is retaining at the State-level and what the State educational agency intends to spend such reservation on; a summary of how the State educational agency intends to ensure that local educational agencies that received funds ensured higher-poverty schools served by the local educational agency received access to the funds and how the local educational agency is meeting the educational needs of low-income students, children with disabilities, English learners, students of color, students experiencing homeless, children and youth in foster care, migrant children, and students involved with the juvenile justice system; what percentage allocation of the State-set-aside the State is using to address learning loss as required under section 18003(e) and a summary of what the funds were spent on; how the State is prioritizing serving high concentrations of students from families with low-incomes and students who have been disproportionately affected by COVID–19 and school closures, including students of color, children with disabilities, English learners, migrant children, students experiencing homelessness, children and youth in foster care, and students involved with the juvenile justice system in the funds set aside under section 18003(e); and a summary of reports submitted by subgrantees in accordance with paragraph (2). Each local educational agency receiving a subgrant under section 18003 shall submit a report to its State educational agency, not later than 90 days after receiving such subgrant, that includes— a summary of the activities or services that the local educational agency carried out using subgrant funds, including for any focus areas identified by the State educational agency; the percentage of funds being spent on each activity described in section 18003(d), including the percentage of funds spent on maintaining current staffing levels as provided under section 18003(d)(1)(M); a description of how the local educational agency distributed funds, including any formula or methodology that was used, to schools within their boundaries to meet the academic and social and emotional needs of low-income students, children with disabilities, English learners, students of color, students experiencing homelessness, children and youth in foster care, migrant children, and students involved with the juvenile justice system; a summary of how the local educational agency used funds to ensure all students, including low-income students, children with disabilities, English learners, students of color, students experiencing homelessness, children and youth in foster care, migrant children, and students involved with the juvenile justice system, have access to learning opportunities during in-person, distance, and hybrid learning options, including access to technology, high-quality instructional materials, and high-quality instruction; the per-pupil expenditure data for each school served by the local educational agency for the 2020–2021 school year, disaggregated by Federal, State, and local expenditures, with funds provided under sections 18002 and 18003 included under Federal expenditures; the dollar amount and percentage of subgrant funds that were spent on equitable services from funds available under sections 18002 and 18003; the percentage of funds used to address learning loss; how the local educational agency implemented the requirement described under section 18003(d)(2), including serving low-income students, students of color, children with disabilities, English learners, migrant children, students experiencing homelessness, children and youth in foster care, and students involved in the juvenile justice system; and how much instructional time was increased as a result of activities implemented under the subgrant. Each State educational agency that receives a grant under section 18003 shall, following the submission of the initial report described in paragraph (1), submit to the Secretary a report that contains the information described in paragraph
(1)once a quarter until all funds allocated to the State under section 18003 are expended. Each local educational agency receiving a subgrant under section 18003 shall, following the submission of the initial report described in paragraph (2), submit to the Secretary a report that contains the information described in paragraph
(2)once a quarter until all subgrant funds are expended. The Secretary shall publish each report under paragraphs
(1)and
(2)on a publicly accessible website not later than 30 days after the date of receipt of the report. Not later than 12 months after the date of enactment of the Coronavirus Child Care and Education Relief Act , the Secretary shall provide a report to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Appropriations of the Senate, the Committee on Education and Labor of the House of Representatives, and the Committee on Appropriations of the House of Representatives summarizing the findings from the reports received under this subsection. Not later than 120 days after the Secretary announces allocations under section 18004, the Secretary shall submit to the authorizing committees (as defined in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 )) a summary of applications from, and disbursements made to, institutions of higher education, which shall include— for emergency financial aid grant funding provided in accordance with section 18004(c)— the institutions that applied for such funds; the institutions that received such funds; the institutions that did not apply for such funds; the institutions that applied for, but did not receive, such funds; the institutions that returned such funds to the Department, including the amount returned; the actual or projected number of students the Department estimates received emergency financial aid grants in accordance with such section; the actual or projected number of students the Department estimates did not receive emergency financial aid grants in accordance with such section; and the actual or projected number of students that received emergency financial aid grants in accordance with such section; and for institutional funds (not including emergency financial aid) provided in accordance with section 18004(c)— the institutions that applied for such funds; the institutions that received such funds; the institutions that did not apply for such funds; the institutions that applied for, but did not receive, such funds; and the institutions that returned such funds to the Department, including the amount returned. Each institution of higher education receiving a grant under section 18004 shall submit a report to the Secretary, not later than 90 days after receiving the grant, that includes, in addition to the requirements of the Secretary under section 18004(e)— a summary of how the institution of higher education allocated emergency financial aid grants to students in accordance with section 18004(c) for any component of a student’s cost of attendance, including— whether the institution required an application for emergency financial aid grants and, if the institution required an application for emergency financial aid grants, how many students applied, how many students had applications that were approved, and how many students had applications that were denied; the minimum and maximum amount of grants made available to students, including any minimum or maximum grant levels made to any specific subgroups of students, including the subgroups listed in clause (iii); a description of any specific subgroups of students that were prioritized for the emergency financial aid grants, including students of color, low-income students, first-generation college students, students with disabilities, English learners, students experiencing homelessness, former foster youth, or student parents; the total number of enrolled students that received emergency financial aid grants; the total number of enrolled students that did not receive emergency financial aid grants; the average amount of the emergency financial aid grants provided to students; a description of how the institution of higher education will ensure that funds received under such section reduce unmet need for students; and a description and amount of any institutional funds used to supplement emergency financial aid grants provided in accordance with section 18004(c); a summary of how the institution of higher education spent the institutional share of funds to cover any costs or lost revenue incurred by the institution due to the qualifying emergency, including how such spending prevented or minimized any increase in the cost of attendance for students; a description of tuition and fees charged to students enrolled at the institution, including— such tuition and fees for the 2019–2020 school year; such tuition and fees planned or enacted for the 2020–2021 school year; such tuition and fees planned or enacted for the 2021–2022 school year; and such tuition and fees planned or enacted for the 2022–2023 school year; and a summary of how the institution ensured funds received under section 18004 did not go to prohibited uses of funds specified in section 18004(c)(5). The Secretary shall publish each report under paragraphs
(1)and
(2)on a publicly accessible website not later than 30 days after the date of receipt of the report. Not later than 120 days after the date of the award of a grant to a State under section 18002 or 18003, the Secretary shall publish a report for the State describing how the State has complied with the maintenance of effort requirement under section 18008, including— the amount of support for higher education provided by such State for fiscal years 2017, 2018, 2019, and 2020, respectively; the amount of support for elementary and secondary education provided by such State for fiscal years 2017, 2018, 2019, and 2020, respectively; and enforcement actions taken by the Secretary for any violation of section 18008. . Except as otherwise provided, the amendments made by this section shall take effect with respect to amounts made available for title XVIII of division B of the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 ) on or after the date of enactment of this Act. The amendment made by subsection
(e)shall take effect on the date of enactment of the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 ) as if such amendment was incorporated in section 18005(a) of division B of such Act. The amendment made by subsection
(i)shall take effect on the date of enactment of the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 ) as if such amendment was incorporated in title XVIII of division B of such Act, except that any report due before the date of enactment of this Act or the 90-day period following the date of enactment shall instead be due on the last day of such 90-day period. Notwithstanding paragraph
(1)or any other provision of law, if any amounts are available and not obligated under section 18004(a)(3) of division B of the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 ) as of the day before the date of enactment of this Act— such amounts shall be deemed to be amounts made available under section 18004(a)(2) of division B of the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 ) after the date of enactment of this Act; and the Secretary shall use all such amounts for grants in accordance with section 18004(b) of division B of the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 ), as amended by this Act. The authority and requirements of paragraphs
(1)and
(5)of section 18004(c) of division B of the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 ), as amended by this Act, shall apply to funds made available to institutions under such section 18004 on and after the date of enactment of the Coronavirus Aid, Relief, and Economic Security Act.
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