[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2639 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 397
116th CONGRESS
  2d Session
                                H. R. 2639

                          [Report No. 116-496]

To establish the Strength in Diversity Program, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 9, 2019

    Ms. Fudge (for herself, Mr. Scott of Virginia, and Mr. Sablan) 
 introduced the following bill; which was referred to the Committee on 
                          Education and Labor

                           September 8, 2020

  Additional sponsors: Mrs. Beatty, Mr. Butterfield, Ms. Jayapal, Mr. 
 DeSaulnier, Mr. Grijalva, Ms. Scanlon, Ms. Omar, Ms. Schakowsky, Mr. 
Richmond, Mr. Levin of Michigan, Ms. Clarke of New York, Mr. Trone, Mr. 
  Danny K. Davis of Illinois, Ms. Wilson of Florida, Mr. Neguse, Ms. 
  Norton, Ms. Wild, Ms. Blunt Rochester, Mr. Courtney, Mr. Clay, Mr. 
Gallego, Mrs. Hayes, Mr. Cohen, Ms. Adams, Ms. Jackson Lee, Mrs. Watson 
 Coleman, Ms. Kelly of Illinois, Mr. McGovern, Ms. Bonamici, Mr. Green 
 of Texas, Mr. Thompson of Mississippi, Ms. Spanberger, Mr. Cisneros, 
 Mr. Bishop of Georgia, Mr. Brown of Maryland, Mr. Carson of Indiana, 
 Mr. Clyburn, Ms. Johnson of Texas, Mrs. McBath, Mr. Meeks, Mr. Payne, 
Ms. Plaskett, Mr. Rush, Ms. Sewell of Alabama, Mr. Veasey, Mr. Takano, 
Mr. Allred, Mr. Morelle, Ms. Underwood, Mr. Nadler, Mrs. Lawrence, Ms. 
Craig, Ms. Schrier, Mrs. Trahan, Mr. Blumenauer, Mr. Engel, Ms. Castor 
of Florida, Ms. Garcia of Texas, Ms. Lee of California, Mr. Espaillat, 
   Ms. Haaland, Mr. Foster, Mr. Lynch, Mr. Welch, Ms. Pressley, Mr. 
   Malinowski, Ms. Dean, Ms. Clark of Massachusetts, Mr. Cooper, Mr. 
Connolly, Mr. Lujan, Mr. Ryan, Ms. Sanchez, Ms. Stevens, Mr. Cicilline, 
    Ms. Bass, Mr. Price of North Carolina, Mr. Evans, Ms. Wasserman 
  Schultz, Mr. Soto, Mr. Lawson of Florida, Ms. Kaptur, Mr. Castro of 
Texas, Mr. Larson of Connecticut, Mr. Norcross, Mr. Hastings, Ms. Meng, 
   Mr. Raskin, Mr. Vela, Ms. DeLauro, Ms. Speier, Ms. Velazquez, Mr. 
Cleaver, Mrs. Kirkpatrick, Mr. Kildee, Ms. DeGette, Mr. Lowenthal, Ms. 
  Moore, Mr. Moulton, Mr. Garcia of Illinois, Mr. McEachin, Mr. David 
                   Scott of Georgia, and Mr. Delgado

                           September 8, 2020

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on May 9, 
                                 2019]

_______________________________________________________________________

                                 A BILL


 
To establish the Strength in Diversity Program, and for other purposes.


 


    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Strength in Diversity Act of 2019''.

SEC. 2. PURPOSE.

    The purpose of this Act is to support the development, 
implementation, and evaluation of comprehensive strategies to address 
the effects of racial isolation or concentrated poverty by increasing 
diversity, including racial diversity and socioeconomic diversity, in 
covered schools.

SEC. 3. RESERVATION FOR NATIONAL ACTIVITIES.

    The Secretary may reserve not more than 5 percent of the amounts 
made available under section 10 for a fiscal year to carry out 
activities of national significance relating to this Act, which may 
include--
            (1) research, development, data collection, monitoring, 
        technical assistance, evaluation, or dissemination activities; 
        and
            (2) the development and maintenance of best practices for 
        recipients of grants under section 4 and other experts in the 
        field of school diversity.

SEC. 4. GRANT PROGRAM AUTHORIZED.

    (a) Authorization.--
            (1) In general.--From the amounts made available under 
        section 10 and not reserved under section 3 for a fiscal year, 
        the Secretary shall award grants in accordance with subsection 
        (b) to eligible entities to develop or implement plans to 
        improve diversity and reduce or eliminate racial or 
        socioeconomic isolation in covered schools.
            (2) Types of grants.--The Secretary may, in any fiscal 
        year, award--
                    (A) planning grants to carry out the activities 
                described in section 6(a);
                    (B) implementation grants to carry out the 
                activities described in section 6(b); or
                    (C) both such planning grants and implementation 
                grants.
    (b) Award Basis.--
            (1) Criteria for evaluating applications.--The Secretary 
        shall award grants under this section on a competitive basis, 
        based on--
                    (A) the quality of the application submitted by an 
                eligible entity under section 5; and
                    (B) the likelihood, as determined by the Secretary, 
                that the eligible entity will use the grant to improve 
                student outcomes or outcomes on other performance 
                measures described in section 7.
            (2) Priority.--In awarding grants under this section, the 
        Secretary shall give priority to the following eligible 
        entities:
                    (A) First, to an eligible entity that proposes, in 
                an application submitted under section 5, to use the 
                grant to support a program that addresses racial 
                isolation.
                    (B) Second, to an eligible entity that proposes, in 
                an application submitted under section 5, to use the 
                grant to support a program that extends beyond one 
                local educational agency, such as an inter-district or 
                regional program.
    (c) Duration of Grants.--
            (1) Planning grant.--A planning grant awarded under this 
        section shall be for a period of not more than 1 year.
            (2) Implementation grant.--An implementation grant awarded 
        under this section shall be for a period of not more than 3 
        years, except that the Secretary may extend an implementation 
        grant for an additional 2-year period if the eligible entity 
        receiving the grant demonstrates to the Secretary that the 
        eligible entity is making significant progress, as determined 
        by the Secretary, on the program performance measures described 
        in section 7.

SEC. 5. APPLICATIONS.

    In order to receive a grant under section 4, an eligible entity 
shall submit an application to the Secretary at such time and in such 
manner as the Secretary may require. Such application shall include--
            (1) a description of the program for which the eligible 
        entity is seeking a grant, including--
                    (A) how the eligible entity proposes to use the 
                grant to improve the academic and life outcomes of 
                students in racial or socioeconomic isolation in 
                covered schools by supporting interventions that 
                increase diversity in such covered schools;
                    (B) in the case of an implementation grant, the 
                implementation grant plan described in section 6(b)(1); 
                and
                    (C) evidence, or if such evidence is not available, 
                a rationale based on current research, regarding how 
                the program will increase diversity;
            (2) in the case of an eligible entity proposing to use any 
        of the grant to benefit covered schools that are racially 
        isolated, a description of how the eligible entity will 
        identify and define racial isolation;
            (3) in the case of an eligible entity proposing to use any 
        portion of the grant to benefit high-poverty covered schools, a 
        description of how the eligible entity will identify and define 
        income level and socioeconomic status;
            (4) a description of the plan of the eligible entity for 
        continuing the program after the grant period ends;
            (5) a description of how the eligible entity will assess, 
        monitor, and evaluate the impact of the activities funded under 
        the grant on student achievement and student enrollment 
        diversity;
            (6) an assurance that the eligible entity has conducted, or 
        will conduct, robust parent and community engagement, while 
        planning for and implementing the program, such as through--
                    (A) consultation with appropriate officials from 
                Indian Tribes or Tribal organizations approved by the 
                Tribes located in the area served by the eligible 
                entity;
                    (B) consultation with other community entities, 
                including local housing or transportation authorities;
                    (C) public hearings or other open forums to inform 
                the development of any formal strategy to increase 
                diversity; and
                    (D) outreach to parents and students, in a language 
                that parents and students can understand, and 
                consultation with students and families in the targeted 
                district or region that is designed to ensure 
                participation in the planning and development of any 
                formal strategy to increase diversity;
            (7) an estimate of the number of students that the eligible 
        entity plans to serve under the program and the number of 
        students to be served through additional expansion of the 
        program after the grant period ends;
            (8) an assurance that the eligible entity will--
                    (A) cooperate with the Secretary in evaluating the 
                program, including any evaluation that might require 
                data and information from multiple recipients of grants 
                under section 4; and
                    (B) engage in the best practices developed under 
                section 3(2);
            (9) an assurance that, to the extent possible, the eligible 
        entity has considered the potential implications of the grant 
        activities on the demographics and student enrollment of nearby 
        covered schools not included in the activities of the grant; 
        and
            (10) in the case of an eligible entity applying for an 
        implementation grant, a description of how the eligible entity 
        will--
                    (A) implement, replicate, or expand a strategy 
                based on a strong or moderate level of evidence (as 
                described in subclause (I) or (II) of section 
                8101(21)(A)(i) of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 7801(21)(A)(i))); or
                    (B) test a promising strategy to increase diversity 
                in covered schools.

SEC. 6. USES OF FUNDS.

    (a) Planning Grants.--Each eligible entity that receives a planning 
grant under section 4 shall use the grant to support students in 
covered schools through the following activities:
            (1) Completing a comprehensive assessment of, with respect 
        to the geographic area served by such eligible entity--
                    (A) the educational outcomes and racial and 
                socioeconomic stratification of children attending 
                covered schools; and
                    (B) an analysis of the location and capacity of 
                program and school facilities and the adequacy of local 
                or regional transportation infrastructure.
            (2) Developing and implementing a robust family, student, 
        and community engagement plan, including, where feasible, 
        public hearings or other open forums that would precede and 
        inform the development of a formal strategy to improve 
        diversity in covered schools.
            (3) Developing options, including timelines and cost 
        estimates, for improving diversity in covered schools, such as 
        weighted lotteries, revised feeder patterns, school boundary 
        redesign, or regional coordination.
            (4) Developing an implementation plan based on community 
        preferences among the options developed under paragraph (3).
            (5) Building the capacity to collect and analyze data that 
        provide information for transparency, continuous improvement, 
        and evaluation.
            (6) Developing an implementation plan to comply with a 
        court-ordered school desegregation plan.
            (7) Engaging in best practices developed under section 
        3(2).
    (b) Implementation Grants.--
            (1) Implementation grant plan.--Each eligible entity that 
        receives an implementation grant under section 4 shall 
        implement a high-quality plan to support students in covered 
        schools that includes--
                    (A) a comprehensive set of strategies designed to 
                improve academic outcomes for all students, 
                particularly students of color and low-income students, 
                by increasing diversity in covered schools;
                    (B) evidence of strong family and community support 
                for such strategies, including evidence that the 
                eligible entity has engaged in meaningful family and 
                community outreach activities;
                    (C) goals to increase diversity in covered schools 
                over the course of the grant period;
                    (D) collection and analysis of data to provide 
                transparency and support continuous improvement 
                throughout the grant period; and
                    (E) a rigorous method of evaluation of the 
                effectiveness of the program.
            (2) Implementation grant activities.--Each eligible entity 
        that receives an implementation grant under section 4 may use 
        the grant to carry out one or more of the following activities:
                    (A) Recruiting, hiring, or training additional 
                teachers, administrators, and other instructional and 
                support staff in new, expanded, or restructured covered 
                schools, or other professional development activities 
                for staff and administrators.
                    (B) Investing in specialized academic programs or 
                facilities designed to encourage inter-district school 
                attendance patterns.
                    (C) Developing or initiating a transportation plan 
                for bringing students to and from covered schools, if 
                such transportation is sustainable beyond the grant 
                period and does not represent a significant portion of 
                the grant received by an eligible entity under section 
                4.
                    (D) Developing innovative and equitable school 
                assignment plans.
                    (E) Carrying out innovative activities designed to 
                increase racial and socioeconomic school diversity and 
                engagement between children from different racial, 
                economic, and cultural backgrounds.

SEC. 7. PERFORMANCE MEASURES.

    The Secretary shall establish performance measures for the programs 
and activities carried out through a grant under section 4. These 
measures, at a minimum, shall track the progress of each eligible 
entity in--
            (1) improving academic and other developmental or 
        noncognitive outcomes for each subgroup 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)) that is served by the 
        eligible entity on measures, including, as applicable, by--
                    (A) increasing school readiness;
                    (B) increasing student achievement and decreasing 
                achievement gaps;
                    (C) increasing high school graduation rates;
                    (D) increasing readiness for postsecondary 
                education and careers;
                    (E) reducing school discipline rates; and
                    (F) any other indicator the Secretary or eligible 
                entity may identify; and
            (2) increasing diversity and decreasing racial or 
        socioeconomic isolation in covered schools.

SEC. 8. ANNUAL REPORTS.

    An eligible entity that receives a grant under section 4 shall 
submit to the Secretary, at such time and in such manner as the 
Secretary may require, an annual report that includes--
            (1) a description of the efforts of the eligible entity to 
        increase inclusivity;
            (2) information on the progress of the eligible entity with 
        respect to the performance measures described in section 7; and
            (3) the data supporting such progress.

SEC. 9. APPLICABILITY.

    Section 426 of the General Education Provisions Act (20 U.S.C. 
1228) shall not apply with respect to activities carried out under a 
grant under this Act.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act such 
sums as may be necessary for fiscal year 2020 and each of the 5 
succeeding fiscal years.

SEC. 11. DEFINITIONS.

    In this Act:
            (1) Covered school.--The term ``covered school'' means--
                    (A) a publicly-funded early childhood education 
                program;
                    (B) a public elementary school; or
                    (C) a public secondary school.
            (2) Eligible entity.--The term ``eligible entity'' means a 
        local educational agency, a consortium of such agencies, an 
        educational service agency, or regional educational agency that 
        at the time of the application of such eligible entity has 
        significant achievement gaps and socioeconomic or racial 
        segregation within or between the school districts served by 
        such entity.
            (3) ESEA terms.--The terms ``educational service agency'', 
        ``elementary school'', ``local educational agency'', 
        ``secondary school'', and ``Secretary'' have the meanings given 
        such terms in section 8101 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7801).
            (4) Publicly-funded early childhood education program.--The 
        term ``publicly-funded early childhood education program'' 
        means an early childhood education program (as defined in 
        section 103(8) of the Higher Education Act of 1965 (20 U.S.C. 
        1003(8)) that receives State or Federal funds.
                                                 Union Calendar No. 397

116th CONGRESS

  2d Session

                               H. R. 2639

                          [Report No. 116-496]

_______________________________________________________________________

                                 A BILL

To establish the Strength in Diversity Program, and for other purposes.

_______________________________________________________________________

                           September 8, 2020

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed