Sec. 5. Fiscal accountability and education equity
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Section 3511(c)(3) of the CARES Act ( Public Law 116–136 ) is amended by adding at the end the following: The Secretary shall not grant a waiver under subsection (b)(2)(B) unless the entity seeking the waiver provides at least the same percentage of total available revenue for elementary and secondary education for the fiscal year for which the waiver is requested as the percentage provided for such purpose for the preceding fiscal year. . Section 18008 of the CARES Act ( Public Law 116–136 ) is amended to read as follows:
A State's application for funds to carry out section 18002 or 18003 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 in 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 in 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. In addition to the assurances provided under subsection (a), a State's application for funds to carry out section 18002 or 18003 shall include assurances that in the event of a precipitous decline in financial resources due to a qualifying emergency, as defined in section 3502(a)(4), where Federal resources were not sufficient to remedy such a decline and the State cannot maintain support for elementary and secondary education in accordance with subsection (a), the State— will prioritize State funding support to high-poverty local educational agencies; if the State must make reductions in funding to all districts, will ensure that any reduction in State support for elementary and secondary education based on per-pupil funding will be greater in low-poverty local educational agencies than in high-poverty local educational agencies; will prioritize staffing stability in high-poverty local educational agencies; 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 will occur in an equitable manner that at a minimum does not disproportionately impact high-poverty local educational agencies.
Upon receipt of funding from a State under this title, a local educational agency shall provide assurances to the State that in the event of a precipitous decline in financial resources due to a qualifying emergency, as defined in section 3502(a)(4), where Federal and State resources were not sufficient to remedy such a decline that the local educational agency— will prioritize funding to high-poverty schools; if the agency must make reductions in funding to all schools served by the agency, will ensure that any reduction in agency education funding based on per-pupil funding will be greater in low-poverty schools than in high-poverty schools served by the agency; 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 will occur in an equitable manner that at a minimum does not disproportionately impact high-poverty schools. .
Title VIII of division B of the CARES Act ( Public Law 116–136 ) is amended by inserting after section 18008 the following: A State educational agency or local educational agency may not use any funds received under section 18002 or 18003 to meet the requirements with respect to such agency under sections 1118 and 8521 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6321 and 7901). 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(b) if such first grant is made after the date of enactment of the Educator Jobs Fund Act of 2020 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 following:
The number of educator and school staff jobs that were saved or created with funds received under this title, including the following: The overall number of such jobs. The number of such jobs in each local educational agency and school in the State that serves the greatest concentration in the State 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. If educators and school staff jobs were eliminated or left unfilled, the number and percentage of educator and other school staff jobs that are both eliminated or left unfilled as follows: The overall number of such jobs. The number of such jobs in each local educational agency and school in the State that serves the greatest concentration in the State 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. 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 Educator Jobs Fund Act of 2020 , 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 Educator Jobs Fund Act of 2020 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 following: The number of educator and school staff jobs that were saved or created with funds received under this title, including the following: The overall number of such jobs. The number of such jobs in each local educational agency and school in the State that serves the greatest concentration in the State 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. If educators and school staff jobs were eliminated or left unfilled, the number and percentage of educator and other school staff jobs that are both eliminated or left unfilled as follows: The overall number of such jobs. The number of such jobs in each local educational agency and school in the State that serves the greatest concentration in the State 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. How the State provided guidance to local educational agencies and schools in the State on achieving racial and socioeconomic diversity and avoiding racial economic segregation among students in person and through distance learning. Each local educational agency receiving a grant or subgrant under section 18002 or 18003 shall submit a report to its State educational agency, not later than 90 days after receiving such grant or subgrant, that includes the following: The number of educator and school staff jobs that were saved or created with funds received under this title, including the following: The overall number of such jobs. The number of such jobs in each school served by the local educational agency that serves the greatest concentration in the local educational 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. If educators and school staff jobs were eliminated or left unfilled, the number and percentage of educator and other school staff jobs that are both eliminated or left unfilled as follows: The overall number of such jobs. The number of such jobs in each school served by the local educational agency that serves the greatest concentration in the local educational 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. How the local educational agency provided guidance to schools on achieving racial and socioeconomic diversity and avoiding racial economic segregation among students in person and through distance learning. 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 18002 or 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 Educator Jobs Fund Act of 2020 , 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. .
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