[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8150 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 8150

To direct the Secretary of Health and Human Services to conduct a study 
with respect to safety precautions to prevent the spread of COVID-19 in 
                    schools, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 1, 2020

 Ms. Mucarsel-Powell (for herself, Mr. Soto, Ms. Garcia of Texas, Mrs. 
  McBath, Mr. Cisneros, Ms. Frankel, Mrs. Demings, Mr. Hastings, Ms. 
 Wasserman Schultz, Mr. San Nicolas, Mr. Thompson of Mississippi, and 
 Mrs. Hayes) introduced the following bill; which was referred to the 
 Committee on Education and Labor, and in addition to the Committee on 
Energy and Commerce, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To direct the Secretary of Health and Human Services to conduct a study 
with respect to safety precautions to prevent the spread of COVID-19 in 
                    schools, 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 ``Safe Considerations of the Health Of 
Our Learning Students Act'' or ``SCHOOLS Act''.

SEC. 2. STUDY ON COVID-19 SAFETY PRECAUTIONS FOR SCHOOLS.

    (a) In General.--The Secretary of Health and Human Services (in 
this section referred to as the ``Secretary''), acting through the 
Director of the Centers for Disease Control and Prevention, shall 
conduct a study with respect to safety precautions to prevent the 
spread of COVID-19 in schools.
    (b) Content of Study.--The study conducted under subsection (a) 
shall address each of the following:
            (1) Reopening criteria and best practices.--
                    (A) Minimum criteria.--The minimum criteria that a 
                community needs to meet with respect to the spread of 
                COVID-19, including the sufficiency of such criteria, 
                before opening schools for full-time and in-person 
                instruction, including--
                            (i) a decreasing positivity rate reported 
                        over a 28-day period that shall in no case 
                        exceed 5 percent; and
                            (ii) a reproductive number over such 28-day 
                        period of less than 1.
                    (B) Best practices.--Best practices with respect to 
                the criteria under subparagraph (A), including with 
                respect to--
                            (i) public health capacity to conduct 
                        testing and contract tracing in the community;
                            (ii) surge capacity in hospitals; and
                            (iii) the amounts of personal protective 
                        equipment needed.
            (2) Crisis response personnel.--Practices for crisis 
        response personnel in schools, including--
                    (A) the designation of at least 1 staff member (or 
                nurse who may not be a staff member) to provide crisis 
                response in each school;
                    (B) the metrics to be reported by such staff 
                member;
                    (C) with respect to a school that has at least 2 
                such staff members, the composition of a team of such 
                staff members; and
                    (D) the actions such staff member should take to 
                minimize the spread of COVID-19 in schools (including 
                actions with respect to inclement weather).
            (3) Staffing.--Recommended practices to increase the safety 
        of staff and reduce the spread of COVID-19 among staff, 
        including--
                    (A) the use of common spaces, such as break rooms;
                    (B) allowing staff to work remotely;
                    (C) the use of face coverings, including--
                            (i) appropriate times for and exemptions to 
                        such use; and
                            (ii) appropriate spaces to suggest such 
                        use; and
                    (D) health screenings and reporting of symptoms of 
                COVID-19, and any associated testing for COVID-19, 
                taking into account privacy protections.
            (4) Facility conditions.--Recommended practices with 
        respect to facility conditions, including--
                    (A) the minimum physical distancing to reduce the 
                risk of spread between individuals in classrooms and 
                common spaces, including hallways;
                    (B) the appropriate ventilation and air flow;
                    (C) cleaning and disinfection of school supplies 
                and common areas; and
                    (D) the minimum physical distancing to reduce the 
                risk of spread during physical education and recreation 
                activities, and the level of risk associated with any 
                such physical education or recreation activity.
            (5) Transportation.--Recommended practices to increase the 
        safety of staff and students with respect to transporting 
        students to and from schools, including--
                    (A) with respect to dropping students off at and 
                picking students up from schools--
                            (i) conducting health screenings;
                            (ii) implementing staggered schedules; and
                            (iii) physical distancing and hygiene 
                        practices; and
                    (B) safety protocols with respect to the use of 
                buses.
            (6) Organization of teaching and classes.--Recommended 
        practices with respect to the organization of teaching, 
        classes, and other group settings, including--
                    (A) consistent and small cohort groups among 
                students and teachers;
                    (B) rotating schedules or other alternate 
                schedules; and
                    (C) administering meal time.
    (c) Recommendations.--Not later than 60 days after the date of the 
enactment of this Act, the Secretary shall--
            (1) submit to Congress recommendations based on the results 
        of the study under subsection (a); and
            (2) update the recommendations under paragraph (1) as 
        necessary.

SEC. 3. GRANT PROGRAM TO IMPLEMENT CDC GUIDANCE RELATING TO COVID-19.

    (a) Establishment.--The Secretary of Education shall carry out a 
grant program to make grants to State educational agencies to carry out 
the activities described in subsection (c).
    (b) Application.--To be eligible to receive a grant under this 
section, a State educational agency shall submit to the Secretary an 
application not later than 2 months after funds are first made 
available under subsection (g)(1) that includes--
            (1) a plan developed by the State educational agency to 
        implement the guidance relating to health and safety measures 
        with respect to COVID-19 established by the Secretary of Health 
        and Human Services, acting through the Director of the Centers 
        for Disease Control and Prevention, in local educational 
        agencies, elementary schools, and secondary schools served by 
        such State Educational agency;
            (2) an assurance that, with respect to school year 2020-
        2021, the State educational agency will--
                    (A) offer remote digital learning options to 
                students such that the number of hours offered for 
                remote digital learning is equal to or greater than the 
                number of hours offered for in-person learning;
                    (B) not require a student who has an increased 
                health risk (as defined by the Secretary of Health and 
                Human Services, acting through the Director of the 
                Centers for Disease Control and Prevention) or lives 
                with a family member with an increased health risk to 
                attend in-person learning;
                    (C) limit in-person meetings and conferences;
                    (D) group students in such a manner as to minimize 
                the burden placed on teachers; and
                    (E) provide guidance for teachers who have an 
                increased health risk for instructing students 
                remotely;
            (3) a plan to--
                    (A) close in-person learning in the case of a 
                resurgence (as defined by the Secretary of Health and 
                Human Services, acting through the Director of the 
                Centers for Disease Control and Prevention) of COVID-19 
                cases in the State;
                    (B) with respect to a school in which a student or 
                staff member who attends such school in-person tests 
                positive for COVID-19, close such school until it is 
                safe for students and staff to return; and
                    (C) notify each student and staff member who may 
                have come in to contact with a student or staff member 
                described in subparagraph (B) of the potential exposure 
                to COVID-19; and
            (4) such other information as the Secretary may require.
    (c) Use of Funds.--
            (1) In general.--A State educational agency that receives a 
        grant under this section may only use such grant--
                    (A) to carry out such activities as are necessary 
                to implement the guidance described in subsection 
                (b)(1), as determined by the Secretary; and
                    (B) to--
                            (i) conduct teacher training on public 
                        safety protocols;
                            (ii) establish or expand digital education 
                        programs;
                            (iii) carry out teacher professional 
                        development for digital learning;
                            (iv) establish or expand summer learning, 
                        weekend instruction, or expanded school years 
                        to supplement instruction;
                            (v) hire substitute teachers, including 
                        substitute teachers for teachers who are 
                        medically vulnerable;
                            (vi) provide paid sick and family leave for 
                        all staff, including substitute teachers and 
                        contract workers;
                            (vii) establish or expand mental health 
                        support services, including by hiring staff and 
                        other personnel to meet the social, emotional, 
                        and mental health needs of students;
                            (viii) purchase school supplies needed for 
                        student and staff health safety, including 
                        personal protective equipment, sanitation 
                        supplies, and equipment necessary for 
                        temperature checks of students and staff;
                            (ix) purchase other school supplies 
                        (including books and laptops) for students; or
                            (x) purchase equipment needed for physical 
                        distancing and digital learning.
            (2) Administrative expenses.--A State educational agency 
        may use not more than 5 percent of any grant received under 
        this section for administrative expenses related to carrying 
        out the activities described in paragraph (1).
    (d) Department Report.--Not later than 30 days after the date of 
the enactment of this Act, and every 30 days thereafter until the last 
day of school year 2020-2021, the Secretary shall submit to Congress a 
report that includes--
            (1) the number and amount of grants made under this 
        section; and
            (2) with respect to each State, the number of students and 
        faculty members in each such State who test positive for COVID-
        19.
    (e) Rules of Construction.--
            (1) Employee rights.--Nothing in this section shall be 
        construed to alter or otherwise affect the rights, remedies, 
        and procedures afforded to school or local education agency 
        employees under Federal, State, or local laws (including 
        applicable regulations or court orders) or under the terms of 
        collective bargaining agreements, memoranda of understanding, 
        or other agreements between such employers and their employees.
            (2) Immigration status.--Nothing in this section shall be 
        construed to limit any student, the State educational agency 
        and local educational agency serving such student, or the 
        elementary school or secondary school in which a student is 
        enrolled from receiving funds pursuant to this section based on 
        the immigration status of such student.
    (f) Definitions.--In this section:
            (1) ESEA terms.--The terms ``elementary school'', ``local 
        educational agency'', ``secondary school'', ``Secretary'', and 
        ``State educational agency'' have the meanings given such terms 
        in section 8101 of the Elementary and Secondary Education Act 
        of 1965 (20 U.S.C. 7801 et seq.).
            (2) Student.--The term ``student'' means a student who 
        attends a public elementary school or public secondary school.
    (g) Funding.--
            (1) In general.--Of the amounts made available to the 
        ``Department of Education--Education Stabilization Fund'' under 
        Public Law 116-136, the Secretary shall use $300,000,000,000 to 
        carry out grants under this section for fiscal year 2020.
            (2) No funding to private schools.--None of the funds made 
        available under paragraph (1) may be used to--
                    (A) provide funding to a private elementary school 
                or private secondary school; or
                    (B) establish vouchers for students to attend a 
                school described in subparagraph (A).
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