Sec. 4. Educator job fund

2,220 words·~10 min read·/bill/116/s/4917/is/section-4

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

The Secretary shall award grants to States, to remain available until the later of— August 15, 2027; or the date on which each State average rate of total unemployment in the Nation (seasonally adjusted) is such that for the period consisting of the most recent 3 months for which data for all States are published before the close of such week equals or is less than 5.5 percent. From the amount made available under subsection (j)(1) for a fiscal year, the Secretary shall reserve— an amount equal to ½ of 1 percent for allocations to the outlying areas in accordance with subparagraph (B); and an amount equal to ½ of 1 percent for allocations to programs operated or funded by the Bureau of Indian Education in accordance with subparagraph (C).

From the amount made available under subparagraph (A)(i) for a fiscal year, the Secretary shall allocate to each outlying area a grant that bears the same proportion to such amount as the amount the outlying area received under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq.) for the preceding fiscal year bears to the amount all outlying areas received under such part for such preceding fiscal year. From the amount made available under subparagraph (A)(ii) for a fiscal year, the Secretary shall, in consultation with the Secretary of the Interior, allocate to each program operated or funded by the Bureau of Indian Education a grant that bears the same proportion to such amount as the amount the program operated or funded by the Bureau of Indian Education received under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq.) for the preceding fiscal year bears to the amount all programs operated or funded by the Bureau of Indian Education received under such part for such preceding fiscal year.

In this section: The term eligible State means a State where the average rate of total unemployment in such State (seasonally adjusted) for the period consisting of the most recent 3 months for which data for all States are published before the close of such week equals or exceeds 5.5 percent. The term eligible application means an application submitted by an eligible State not more than once per a State fiscal year. The term outlying area means American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the United States Virgin Islands.

The term qualifying emergency means— a public health emergency related to the coronavirus 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 event related to the coronavirus 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 related to the coronavirus declared by the President under section 201 of the National Emergencies Act ( 50 U.S.C. 1601 et seq.).

The term Secretary means the Secretary of Education. The Governor and chief State school officer of an eligible State seeking to receive a grant under this section shall submit an eligible application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, including assurances that the eligible State will meet the requirements provided under this section. The Secretary shall not require information in an eligible application beyond what is necessary to determine compliance with this section.

The Secretary shall not award a grant to a State under this section unless the Governor and the chief State school officer of the State provide an assurance to the Secretary that— the State educational agency will, with respect to the school year applicable to the fiscal year for which the grant is received, provide support for public elementary and public secondary education in the State, including spending for the school year and capital spending, that bears the same proportion to the overall State budget for such fiscal year as the average amount of such support for school years 2017–2018 and 2018–2019 bears to the average overall State budget for the fiscal years applicable to such school years; in the event of a precipitous decline in financial resources due to a qualifying emergency where Federal resources were not sufficient to remedy such a decline and the State cannot maintain the same level of fiscal efforts as described in paragraph (1), the Governor and chief State school officer shall— prioritize staffing stability in high-poverty local educational agencies; and ensure that if reductions in educator and support staff or implementation of a hiring freeze must occur, any reductions or hiring freezes in educator and support staffing shall occur in an equitable manner that at a minimum does not disproportionately impact high-poverty schools; grant funds received under this section shall be used so to supplement the level of Federal, State, and local public funds that, in the absence of such availability, would have been used to support elementary and secondary education in the State; and the State will take action to ensure that low-income students and students of color enrolled in schools assisted under this section are not served at disproportionate rates by ineffective, out-of-field, or inexperienced teachers or principals, as described in section 1111(g)(1)(B) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(g)(1)(B) ).

A State that receives a grant under this section may reserve— not more than 2 percent of the grant funds for the administrative costs of carrying out its responsibilities under the grant; and not more than 10 percent for statewide activities described under subsection (e)(3)(B) that provide additional supports to high-poverty local educational agencies that the State determines were mostly heavily impacted by the COVID–19 pandemic. A State that receives a grant under this section shall use the grant funds not reserved under subsection

(d)to award subgrants, from allotments under paragraph (2), to local educational agencies (including charter schools that are local educational agencies) in the State. From the amount available to a State that receives a grant under this section and not reserved under subsection (d), each local educational agency and charter school that is not a local educational agency in the State shall receive an amount that bears the same relationship to such amount available and not reserved, as the amount such local educational agency or charter school received under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq.) for the most recent fiscal year bears to the amount received by all local educational agencies and charter schools that are not local educational agencies in the State under such part for the most recent fiscal year. A local educational agency or charter school that receives a subgrant under this subsection— shall reserve 5 percent of the subgrant funds to identify and address, as required under section 1112(b)(2) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6312(b)(2) ), any disparities that result in low-income students and minority students being taught at higher rates than other students by ineffective, inexperienced, or out-of-field teachers; shall use 95 percent of the subgrant funds for compensation and benefits and other expenses, such as support services, necessary to retain existing employees, to recall or rehire former employees, and to hire new employees, in order to provide early childhood, elementary, or secondary educational and related services; may not use subgrant funds for general administrative expenses or for other support services expenditures, as those terms were defined by the National Center for Education Statistics in its Common Core of Data as of the date of enactment of this Act; and shall provide an assurance that in the event of a precipitous decline in financial resources due to a qualifying emergency where Federal and State resources were not sufficient to remedy such a decline that it— will prioritize staffing stability in high-poverty schools; and if it must makes reductions in educator and support staff or implement a hiring freeze, any reductions or hiring freezes in educator and support staffing shall occur in an equitable manner. A State that receives a grant under this section may not use such funds, directly or indirectly, to— establish, restore, or supplement a rainy-day fund; supplant State funds in a manner that has the effect of establishing, restoring, or supplementing a rainy-day fund; reduce or retire debt obligations incurred by the State; supplant State funds in a manner that has the effect of reducing or retiring debt obligations incurred by the State; meet the requirements under sections 1118 and 8521 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6321 , 7901); or provide increased salaries or bonuses related to on the job performance. A State educational agency and a local educational agency shall not use funds received under section 18010 of the CARES Act ( Public Law 116–136 )— to meet the requirements under sections 1118 and 8521 of the Elementary and Secondary Education Act of 1965; and for any support of private schools, through employment, services, vouchers, tax-credit scholarships, or savings accounts for students to attend private elementary or secondary schools, or other means. Not later than 6 months after the disbursement of subgrants and annually for each subsequent year for which funds are made available under this section, a State that receives a grant under this section shall submit a report to the Secretary that includes the following information: The number and percentage of educator and other staff positions that are eliminated or left unfilled in the State (as reported on the annual report card under paragraph

(1)or

(2)of section 1111(h) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(h) )), included in the aggregate and disaggregated by the following: High-poverty local educational agencies and schools compared to low-poverty local educational agencies and schools. Local educational agencies and schools serving the highest number and percentage of minority children compared to local educational agencies and schools serving the fewest number and percentage of minority children. The number and percentage of teaching positions that are eliminated or left unfilled in the State (as reported on the annual report card under paragraph

(1)or

(2)of section 1111(h) of the Elementary and Secondary Education Act of 1965 (20 24 U.S.C. 6311(h) )), included in the aggregate and disaggregated by the following characteristics of the teacher who previously held the position: Race and ethnicity. Certification status (full-certification or provisional certification). Teachers in the first 2 years of teaching. Teachers with three or more years of teaching experience. If determined appropriate by the State educational agency, the most recent effectiveness rating with respect to such teacher. The percentage of funds under this section reserved under subsection (d)(1) and how such funds were spent. A local educational agency or charter school that receives a subgrant under this subsection shall submit a report to the State educational agency not later than 90 days after the date the it receives the subgrant that includes the number of educator and school staff jobs that were saved or created with funds received under this section, including the following: The overall number of such jobs. With respect to a local educational agency, the number of such jobs in each school served by the local educational agency that serves the greatest concentration in the agency of any of the following: Students of color. Students from low-income backgrounds. Children with disabilities. English learners. Migrant children. Students experiencing homelessness. Children and youth in foster care. Students involved with the juvenile justice system. The number of such jobs disaggregated by race and ethnicity, cross-tabulated by gender. Not later than 12 months after the date of each round of grant making under this section, 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 subsection (h). There are authorized to be appropriated to the Secretary to establish and implement an Educator Jobs Fund— $56,600,000,000 for fiscal year 2021; $52,400,000,000 for fiscal year 2022; $34,300,000,000 for fiscal year 2023; $26,100,000,000 for fiscal year 2024; $17,700,000,000 for fiscal year 2025; $14,400,000,000 for fiscal year 2026; $14,600,000,000 for fiscal year 2027; $14,800,000,000 for fiscal year 2028; $15,000,000,000 for fiscal year 2029; and $15,200,000,000 for fiscal year 2030. Of the amounts made available for a fiscal year under paragraph (1), the Secretary may reserve not more than $1,000,000 for each such fiscal year for administration and oversight of this section. Not later than 30 days after the date of enactment of this Act, from the amounts first made available under paragraph (1), the Secretary shall award grants under this section. Not later than 30 days after the first day of the first fiscal year that begins after the date of enactment of this Act and annually thereafter, from the amounts made available under paragraph (1), the Secretary shall award grants under this section.

Connectionstraces to 7

Traces to 7 documents

U.S. Code