Sec. 2001. ELEMENTARY AND SECONDARY SCHOOL EMERGENCY RELIEF FUND
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## SEC. 2001 ELEMENTARY AND SECONDARY SCHOOL EMERGENCY RELIEF FUND **[**[20 U.S.C. 3401 note](/us/usc/t20/s3401)**]** ###
(a)In General In addition to amounts otherwise available through the Education Stabilization Fund, there is appropriated to the Department of Education for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $122,774,800,000, to remain available through September 30, 2023, to carry out this section. ###
(b)Grants From funds provided under subsection (a), the Secretary shall— ####
(1)use $800,000,000 for the purposes of identifying homeless children and youth and providing homeless children and youth with— #####
(A)wrap-around services in light of the challenges of COVID-19; and #####
(B)assistance needed to enable homeless children and youth to attend school and participate fully in school activities; and ####
(2)from the remaining amounts, make grants to each State educational agency in accordance with this section. ###
(c)Allocations to States The amount of each grant under subsection
(b)shall be allocated by the Secretary to each State in the same proportion as each State received under part A of title I of the Elementary and Secondary Education Act of 1965 in the most recent fiscal year. ###
(d)Subgrants to Local Educational Agencies ####
(1)In general Each State shall allocate not less than 90 percent of the grant funds awarded to the State under this section as subgrants to local educational agencies (including charter schools that are local educational agencies) in the State in proportion to the amount of funds such local educational agencies and charter schools that are local educational agencies received under part A of title I of the Elementary and Secondary Education Act of 1965 in the most recent fiscal year. ####
(2)Availability of funds Each State shall make allocations under paragraph
(1)to local educational agencies in an expedited and timely manner and, to the extent practicable, not later than 60 days after the receipt of such funds. ###
(e)Uses of Funds A local educational agency that receives funds under this section— ####
(1)shall reserve not less than 20 percent of such funds to address learning loss through the implementation of evidence-based interventions, such as summer learning or summer enrichment, extended day, comprehensive afterschool programs, or extended school year programs, and ensure that such interventions respond to students’ academic, social, and emotional needs and address the disproportionate impact of the coronavirus on the student subgroups described in section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(B)(xi)), students experiencing homelessness, and children and youth in foster care; and ####
(2)shall use the remaining funds for any of the following: #####
(A)Any activity authorized by the Elementary and Secondary Education Act of 1965. #####
(B)Any activity authorized by the Individuals with Disabilities Education Act. #####
(C)Any activity authorized by the Adult Education and Family Literacy Act. #####
(D)Any activity authorized by the Carl D. Perkins Career and Technical Education Act of 2006. #####
(E)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, and respond to coronavirus. #####
(F)Activities to address the unique needs of low-income children or students, children with disabilities, English learners, racial and ethnic minorities, students experiencing homelessness, and foster care youth, including how outreach and service delivery will meet the needs of each population. #####
(G)Developing and implementing procedures and systems to improve the preparedness and response efforts of local educational agencies. #####
(H)Training and professional development for staff of the local educational agency on sanitation and minimizing the spread of infectious diseases. #####
(I)Purchasing supplies to sanitize and clean the facilities of a local educational agency, including buildings operated by such agency. #####
(J)Planning for, coordinating, and implementing activities during long-term closures, including providing meals to eligible students, providing technology for online learning to all students, providing guidance for carrying out requirements under the Individuals with Disabilities Education Act and ensuring other educational services can continue to be provided consistent with all Federal, State, and local requirements. #####
(K)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. #####
(L)Providing mental health services and supports, including through the implementation of evidence-based full-service community schools. #####
(M)Planning and implementing activities related to summer learning and supplemental afterschool programs, including providing classroom instruction or online learning during the summer months and addressing the needs of low-income students, children with disabilities, English learners, migrant students, students experiencing homelessness, and children in foster care. #####
(N)Addressing learning loss among students, including low-income students, children with disabilities, English learners, racial and ethnic minorities, students experiencing homelessness, and children and youth in foster care, of the local educational agency, including by— ######
(i)administering and using high-quality assessments that are valid and reliable, to accurately assess students’ academic progress and assist educators in meeting students’ academic needs, including through differentiating instruction; ######
(ii)implementing evidence-based activities to meet the comprehensive needs of students; ######
(iii)providing information and assistance to parents and families on how they can effectively support students, including in a distance learning environment; and ######
(iv)tracking student attendance and improving student engagement in distance education. #####
(O)School facility repairs and improvements to enable operation of schools to reduce risk of virus transmission and exposure to environmental health hazards, and to support student health needs. #####
(P)Inspection, testing, maintenance, repair, replacement, and upgrade projects to improve the indoor air quality in school facilities, including mechanical and non-mechanical heating, ventilation, and air conditioning systems, filtering, purification and other air cleaning, fans, control systems, and window and door repair and replacement. #####
(Q)Developing strategies and implementing public health protocols including, to the greatest extent practicable, policies in line with guidance from the Centers for Disease Control and Prevention for the reopening and operation of school facilities to effectively maintain the health and safety of students, educators, and other staff. #####
(R)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. ###
(f)State Funding With funds not otherwise allocated under subsection (d), a State— ####
(1)shall reserve not less than 5 percent of the total amount of grant funds awarded to the State under this section to carry out, directly or through grants or contracts, activities to address learning loss by supporting the implementation of evidence-based interventions, such as summer learning or summer enrichment, extended day, comprehensive afterschool programs, or extended school year programs, and ensure that such interventions respond to students’ academic, social, and emotional needs and address the disproportionate impact of the coronavirus on the student subgroups described in section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(B)(xi)), students experiencing homelessness, and children and youth in foster care, including by providing additional support to local educational agencies to fully address such impacts; ####
(2)shall reserve not less than 1 percent of the total amount of grant funds awarded to the State under this section to carry out, directly or through grants or contracts, the implementation of evidence-based summer enrichment programs, and ensure such programs respond to students’ academic, social, and emotional needs and address the disproportionate impact of the coronavirus on the student populations described in section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(B)(xi)), students experiencing homelessness, and children and youth in foster care; ####
(3)shall reserve not less than 1 percent of the total amount of grant funds awarded to the State under this section to carry out, directly or through grants or contracts, the implementation of evidence-based comprehensive afterschool programs, and ensure such programs respond to students’ academic, social, and emotional needs and address the disproportionate impact of the coronavirus on the student populations described in section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(B)(xi)), students experiencing homelessness, and children and youth in foster care; and ####
(4)may reserve not more than one-half of 1 percent of the total amount of grant funds awarded to the State under this section for administrative costs and the remainder for emergency needs as determined by the State educational agency to address issues responding to coronavirus, which may be addressed through the use of grants or contracts. ###
(g)Reallocation A State shall return to the Secretary any funds received under this section that the State does not award within 1 year of receiving such funds and the Secretary shall reallocate such funds to the remaining States in accordance with subsection (c). ###
(h)Definitions In this section— ####
(1)the terms “child”, “children with disabilities”, “distance education”, “elementary school”, “English learner”, “evidence- based”, “secondary school”, “local educational agency”, “parent”, “Secretary”, “State educational agency”, and “technology” have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801); ####
(2)the term “full-service community school” has the meaning given that term in section 4622(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7272(2)); and ####
(3)the term “State” means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. ###
(i)Safe Return to In-person Instruction ####
(1)In general A local educational agency receiving funds under this section shall develop and make publicly available on the local educational agency’s website, not later than 30 days after receiving the allocation of funds described in paragraph (d)(1), a plan for the safe return to in-person instruction and continuity of services. ####
(2)Comment period Before making the plan described in paragraph
(1)publicly available, the local educational agency shall seek public comment on the plan and take such comments into account in the development of the plan. ####
(3)Previous plans If a local educational agency has developed a plan for the safe return to in-person instruction before the date of enactment of this Act that meets the requirements described in paragraphs
(1)and (2), such plan shall be deemed to satisfy the requirements under this subsection.
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Sec. 2001
ELEMENTARY AND SECONDARY SCHOOL EMERGENCY RELIEF FUND
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