[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8691 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 8691

To authorize the establishment of an Education Jobs Fund to retain and 
create education jobs in communities most impacted by COVID-19, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 27, 2020

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

_______________________________________________________________________

                                 A BILL


 
To authorize the establishment of an Education Jobs Fund to retain and 
create education jobs in communities most impacted by COVID-19, 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 ``Save Education Jobs Act''.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS TO RETAIN AND CREATE EDUCATION 
              JOBS.

    (a) In General.--There are authorized to be appropriated to the 
Secretary to establish and implement an Education Jobs Fund--
            (1) $56,600,000,000 for fiscal year 2021;
            (2) $52,400,000,000 for fiscal year 2022;
            (3) $34,300,000,000 for fiscal year 2023;
            (4) $26,100,000,000 for fiscal year 2024;
            (5) $17,700,000,000 for fiscal year 2025;
            (6) $14,400,000,000 for fiscal year 2026;
            (7) $14,600,000,000 for fiscal year 2027;
            (8) $14,800,000,000 for fiscal year 2028;
            (9) $15,000,000,000 for fiscal year 2029; and
            (10) $15,200,000,000 for fiscal year 2030.
    (b) Reservation for Administrative Expenses.--Of the amounts made 
available for a fiscal year under subsection (a), the Secretary may 
reserve not more than $1,000,000 for each such fiscal year for 
administration and oversight of this Act.
    (c) Allocation Schedule.--
            (1) First year of grants.--From the amounts first made 
        available under subsection (a), not later than 30 days after 
        the date of the enactment of this Act, the Secretary shall 
        award grants in accordance with section 3.
            (2) Subsequent years.--Not later than 30 days after the 
        first day of the first fiscal year that begins after the date 
        of the enactment of this Act and annually thereafter, from the 
        amounts made available under subsection (a), the Secretary 
        shall award grants in accordance with section 3.

SEC. 3. GRANTS TO RETAIN AND CREATE EDUCATION JOBS.

    (a) Eligibility.--
            (1) National eligibility.--
                    (A) Fiscal years 2021 through 2026.--For fiscal 
                years 2021 through 2026, each State educational agency 
                that submits an application meeting the requirements 
                under section 5 shall be eligible to receive a grant in 
                accordance with this section for each such fiscal year.
                    (B) Fiscal years 2027 through 2030.--Except as 
                provided in paragraph (2), for fiscal years 2027 
                through 2030, each State educational agency that 
                submits an application meeting the requirements under 
                section 5 shall be eligible to receive a grant in 
                accordance with this section for each such fiscal year.
            (2) State educational agency eligibility in the case of 
        national unemployment average decrease.--
                    (A) Fiscal years for which national eligibility 
                does not apply.--Paragraph (1)(B) shall not apply with 
                respect to a fiscal year described in such paragraph if 
                during the period beginning on the first day of fiscal 
                year 2021 and ending on the last day of the fiscal year 
                preceding such a fiscal year, the average rate of total 
                unemployment in the Nation (seasonally adjusted) for 
                the period consisting of the most recent 3 consecutive 
                months for which data for all States are published by 
                the Bureau of Labor Statistics was less than or equal 
                to 5.5 percent.
                    (B) State educational agency-based eligibility.--In 
                the case of a fiscal year described in subparagraph 
                (A), a State educational agency shall be eligible to 
                receive a grant in accordance with this section for 
                such fiscal year if--
                            (i) such State educational agency submits 
                        an application meeting the requirements under 
                        section 5; and
                            (ii) with respect to each month occurring 
                        in the fiscal year preceding such fiscal year, 
                        the average rate of total unemployment in the 
                        State (seasonally adjusted) for the period 
                        consisting of the most recent 3 consecutive 
                        months for which data are published by the 
                        Bureau of Labor Statistics was greater than 5.5 
                        percent.
            (3) Outlying area and bureau of indian education 
        eligibility.--
                    (A) Fiscal years 2021 through 2026.--For fiscal 
                years 2021 through 2026, each outlying area and program 
                operated or funded by the Bureau of Indian Education 
                shall be eligible to receive a grant in accordance with 
                this section for each such fiscal year.
                    (B) Fiscal years 2027 through 2030.--Except as 
                provided in subparagraph (C), for fiscal years 2027 
                through 2030, each outlying area and program operated 
                or funded by the Bureau of Indian Education shall be 
                eligible to receive a grant in accordance with this 
                section for each such fiscal year.
                    (C) Exception.--Subparagraph (B) shall not apply 
                with respect to a fiscal year described in such 
                subparagraph if during the period beginning on the 
                first day of fiscal year 2021 and ending on the last 
                day of the fiscal year preceding such a fiscal year, 
                the average rate of total unemployment in the Nation 
                (seasonally adjusted) for the period consisting of the 
                most recent 3 consecutive months for which data for all 
                States are published by the Bureau of Labor Statistics 
                was less than or equal to 3.5 percent.
    (b) Allocation of Grant Funds.--
            (1) Allocation to outlying areas and bureau of indian 
        education.--
                    (A) Reservation.--Subject to subsection (a)(3), 
                from the amount made available under section 2(a) for a 
                fiscal year, the Secretary shall reserve--
                            (i) an amount equal to \1/2\ of 1 percent 
                        for allocations to the outlying areas in 
                        accordance with subparagraph (B); and
                            (ii) an amount equal to \1/2\ of 1 percent 
                        for allocations to programs operated or funded 
                        by the Bureau of Indian Education in accordance 
                        with subparagraph (C).
                    (B) Outlying areas.--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 the preceding fiscal year.
                    (C) Programs operated or funded by the bureau of 
                indian education.--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 the preceding fiscal year.
            (2) Allocation to state educational agencies.--From the 
        amount made available under section 2(a) for a fiscal year 
        remaining after the reservation under paragraph (1)(A), the 
        Secretary shall allocate to each State educational agency that 
        is eligible under subsection (a) a grant that bears the same 
        proportion to such amount as the amount the State educational 
        agency 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 State 
        educational agencies received under such part for the preceding 
        fiscal year.
    (c) Reservation by State Educational Agency.--
            (1) In general.--Of the amounts allocated to a State 
        educational agency under subsection (b)(2) for a fiscal year, 
        such State educational agency may reserve not more than 5 
        percent--
                    (A) for administrative costs of carrying out 
                subgrants under subsection (d);
                    (B) for the costs of retaining or creating 
                positions in the State educational agency related to 
                the administration or support of early childhood, 
                public elementary, public secondary, or public 
                postsecondary education; and
                    (C) to implement evidence-based strategies to 
                ensure that low-income students and minority children 
                enrolled in schools assisted under this section are not 
                served at disproportionate rates by ineffective, out-
                of-field, or inexperienced teachers, 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)).
            (2) Prohibited use of funds.--None of the funds reserved by 
        a State educational agency under paragraph (1) may be used by 
        such State educational agency to carry out an activity 
        described in paragraphs (1) through (5) of section 4(c).
    (d) Subgrants to Local Educational Agencies.--Of the amounts 
allocated to a State educational agency under subsection (b)(2) for a 
fiscal year and remaining after such State educational agency reserves 
funds under subsection (c)(1), such State educational agency shall 
allocate to each local educational agency in the State a grant that 
bears the same proportion to such amount as the amount the local 
educational agency 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 local educational 
agencies in the State received under such part for the preceding fiscal 
year.

SEC. 4. USE OF FUNDS.

    (a) Required Use of Funds.--A local educational agency that 
receives a subgrant under section 3(d) shall use not less than 90 
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 related services.
    (b) Permissible Use of Funds.--A local educational agency that 
receives a subgrant under section 3(d) may use not more than 10 percent 
of such subgrant funds for any of the following:
            (1) Training, which may include high-quality residency, 
        mentoring and induction programs, and professional development.
            (2) Salary increases to cover extended days or school years 
        for instruction and enrichment to make up for students' lost 
        instructional time due to COVID-19 and to ensure all students 
        have access to a well-rounded education and the supports needed 
        to succeed.
            (3) Salary increases to cover increased workdays to provide 
        intensive professional learning and educator planning 
        opportunities, including through professional learning 
        communities.
            (4) Except as provided in subsection (c)(2), incentives, 
        such as loan forgiveness, service scholarship programs, fee 
        reimbursement for costs associated with obtaining advanced or 
        additional teacher certification, or increased salaries, for 
        teachers to teach in high-need schools and in high-need fields 
        such as special education.
            (5) To develop, maintain, or expand partnership programs 
        with teacher preparation programs in institutions of higher 
        education that target high-need fields, high-need schools, and 
        diverse candidates to expand the pipeline into the teaching 
        profession.
            (6) Developing teacher leadership roles in high-need 
        schools.
    (c) Prohibited Use of Funds.--A local educational agency that 
receives a subgrant under section 3(d) may not use such subgrant 
funds--
            (1) for general administrative expenses or for other 
        support services expenditures (as such terms are defined on the 
        date of the enactment of this Act in the Common Core of Data of 
        the National Center for Education Statistics);
            (2) to provide increased salaries or bonuses related to on-
        the-job performance;
            (3) directly or indirectly, to--
                    (A) establish, restore, or supplement a rainy-day 
                fund;
                    (B) supplant State funds in a manner that has the 
                effect of establishing, restoring, or supplementing a 
                rainy-day fund;
                    (C) reduce or retire debt obligations incurred by 
                the State; or
                    (D) supplant State funds in a manner that has the 
                effect of reducing or retiring debt obligations 
                incurred by the State;
            (4) to meet the requirements under section 1117 or 8501 of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        6320; 20 U.S.C. 7881); or
            (5) to support private schools, through employment, 
        services, vouchers, tax-credit scholarships, or savings 
        accounts for students to attend private elementary or secondary 
        schools, or other means.

SEC. 5. APPLICATIONS.

    (a) In General.--A State educational agency seeking to receive a 
grant under this Act shall provide to the Secretary an application that 
includes the following:
            (1) An assurance that the State educational agency will 
        develop and implement a monitoring plan that will enable the 
        State educational agency to ensure that local educational 
        agencies in such State comply with all applicable programmatic 
        and fiscal requirements, including with the use of funds 
        requirements under section 4.
            (2) An assurance that the State educational agency will 
        support local educational agencies in targeting funding 
        provided under this Act to high-need schools and to support 
        subgroups of students, including low-income students, students 
        with disabilities, English learners, minority children, 
        students experiencing homelessness, children or youth in foster 
        care, migrant children, students involved with the juvenile 
        justice system, or children at risk for academic failure.
            (3) An assurance that the funds received under this Act 
        will be used to supplement the level of Federal, State, and 
        local public funds that would, in the absence of such Federal 
        funds provided under this Act, be used to support public 
        elementary and public secondary education and not supplant such 
        funds.
            (4) An assurance that the State educational agency and 
        local educational agencies in such State will provide the 
        reports required under section 7.
            (5) An assurance that the State educational agency will 
        provide the local educational agencies in such State with the 
        technical assistance and support needed to help avoid 
        unanticipated spending cliffs.
            (6) An assurance that the State educational agency will 
        take action to ensure that low-income students and minority 
        children enrolled in schools assisted under this section are 
        not served at disproportionate rates by ineffective, out-of-
        field, or inexperienced teachers, 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)).
            (7) An assurance the State educational agency will meet the 
        maintenance of effort and equity requirements under section 6.
    (b) No Further Information or Assurances.--The Secretary may not 
require information or assurances in addition to the information and 
assurances required under subsection (a) and section 6 unless such 
information or assurance is necessary to determine compliance with this 
Act.

SEC. 6. MAINTENANCE OF EFFORT AND EQUITY.

    (a) State Educational Agency Maintenance of Effort.--As a condition 
of receiving a grant under this Act for a fiscal year, a State 
educational agency shall provide to the Secretary an assurance that 
such State educational agency will, in such fiscal year, provide 
support for public elementary and public secondary education, including 
current 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.
    (b) Maintenance of Equity.--
            (1) State educational agency maintenance of equity for 
        high-need local educational agencies.--As a condition of 
        receiving a grant under this Act for a fiscal year, a State 
        educational agency shall provide to the Secretary an assurance 
        that if any per-pupil reduction in State funding occurs in such 
        fiscal year for any high-need local educational agency in the 
        State, it shall not be more than the overall per-pupil 
        reduction in State funds.
            (2) State educational agency maintenance of equity for 
        schools with highest share of economically disadvantaged 
        students.--As a condition of receiving a grant under this Act 
        for a fiscal year, a State educational agency shall provide to 
        the Secretary an assurance that the State educational agency 
        will not reduce State funding below fiscal year 2019 levels for 
        the 20 percent of local educational agencies in the State with 
        the highest share of economically disadvantaged students.
            (3) Local educational agency maintenance of equity for 
        high-poverty schools.--As a condition of receiving a subgrant 
        under this Act for a fiscal year, a local educational agency 
        shall provide to the State educational agency an assurance 
        that--
                    (A) if any per-pupil reduction in local educational 
                agency funding occurs in such fiscal year for any high-
                poverty school served by the local educational agency, 
                it shall not be more than the overall per-pupil 
                reduction in local educational agency funds; and
                    (B) the local educational agency will not reduce 
                staffing in any high-poverty school in an amount that 
                is greater than--
                            (i) the total reduction in staffing in all 
                        schools served by the local educational agency, 
                        divided by
                            (ii) the total enrollment in such local 
                        educational agency.

SEC. 7. REPORTING REQUIREMENTS.

    (a) Reporting Requirements.--
            (1) In general.--Not later than 60 days after the date of 
        enactment of this Act, and annually for each subsequent year 
        for which funds are made available under this Act, the 
        Secretary shall submit 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 that includes 
        the following information:
                    (A) The outlying areas to which the Secretary 
                allocated funds under this Act.
                    (B) The outlying areas to which the Secretary did 
                not allocate funds under this Act.
                    (C) The amounts allocated to each outlying area 
                under this Act.
                    (D) The programs operated or funded by the Bureau 
                of Indian Education to which the Secretary, in 
                consultation with the Secretary of the Interior, 
                allocated funds.
                    (E) The programs operated or funded by the Bureau 
                of Indian Education to which the Secretary, in 
                consultation with the Secretary of the Interior, did 
                not allocate funds.
                    (F) The amount allocated to each program operated 
                or funded by the Bureau of Indian Education.
                    (G) The amount allocated to each State educational 
                agency under this Act.
                    (H) A summary of the reports the Secretary received 
                under subsections (b) and (c).
            (2) Publication.--The Secretary shall make each report 
        submitted under paragraph (1) publicly available on the website 
        of the Department of Education.
    (b) State Educational Agency Reporting.--Not later than 6 months 
after the disbursement of subgrants and annually for each subsequent 
year for which funds are made available under this Act, a State 
educational agency that receives a grant under this Act shall submit a 
report to the Secretary that includes the following information:
            (1) 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:
                    (A) High-poverty local education agencies and 
                schools compared to low-poverty local education 
                agencies and schools.
                    (B) Local educational agencies and schools serving 
                the highest number and percentage of minority children 
                compared to local education agencies and schools 
                serving the fewest number and percent of minority 
                children.
            (2) 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 U.S.C. 6311(h))), included in the aggregate and 
        disaggregated by the following characteristics of the teacher 
        who previously held the position:
                    (A) Race and ethnicity.
                    (B) Certification status (full-certification or 
                provisional certification).
                    (C) Teachers in the first 2 years of teaching.
                    (D) Teachers with 3 or more years of teaching 
                experience.
                    (E) If determined appropriate by the State 
                educational agency, the most recent effectiveness 
                rating with respect to such teacher.
            (3) The percentage of funds under this Act reserved under 
        section 3(c) and how such funds were spent.
            (4) A summary of the activities for which the subgrants 
        were used in the State.
            (5) A summary of how the State educational agency ensured 
        State funding for the 20 percent of local educational agencies 
        in the State with the highest share of economically 
        disadvantaged students remained at or above fiscal year 2019 
        levels.
            (6) A summary of how the State educational agency supported 
        local educational agencies in prioritizing subgrants to meet 
        the needs of low-income students, students with disabilities, 
        English learners, minority children, students experiencing 
        homeless, children and youth in foster care, migrant children, 
        students involved with the juvenile justice system, and 
        children at risk for academic failure.
            (7) The amount allocated by the State educational agency to 
        each local educational agency.
            (8) A description of grant outcomes, including the extent 
        to which teacher shortages in high-need-fields in high-needs 
        schools remain.
            (9) A summary of the reports the State educational agency 
        received under subsection (d).
    (c) Fiscal Accountability.--Not later than 60 days after a State 
educational agency receives funds under this Act, and annually for each 
subsequent year for which funds are made available under this Act 
thereafter, such State educational agency shall submit to the Secretary 
the following:
            (1) The number of full-time equivalent employees by 
        category prior to receiving the funds under this Act and the 
        number of full-time equivalent employees by category after 
        receiving such funds.
            (2) The most current applicable maintenance of effort data 
        available to demonstrate compliance with section 6(a).
            (3) The most current maintenance of equity data available 
        to demonstrate compliance with section 6(b).
            (4) A summary of development and implementation of a 
        monitoring plan that will enable the State educational agency 
        to ensure that its local educational agencies comply with all 
        applicable programmatic and fiscal requirements.
    (d) Local Educational Agency Reporting.--Not later than 1 year 
after a local educational agency receives a subgrant under section 
3(d), and annually for each subsequent year for which funds are made 
available under this Act thereafter, such local educational agency 
shall submit a report to the State educational agency that includes the 
following:
            (1) A list of the activities for which such subgrant funds 
        were used.
            (2) A description of the outcomes from the use of such 
        subgrant funds.
            (3) A summary of how the local educational agency sought to 
        preserve or improve the number of teacher and support staff 
        positions in the local educational agency's highest poverty 
        schools.
            (4) The per-pupil expenditures (which shall include actual 
        personnel expenditures, including staff salary differentials 
        for years of employment, and actual nonpersonnel expenditures) 
        of State and local education funds for each school served by 
        the agency for the preceding fiscal year, disaggregated by each 
        quartile of students attending the school based on student 
        level of poverty and by each major racial or ethnic group in 
        the school, for the preceding fiscal year.
            (5) A description of how the local educational agency 
        sought to protect the highest poverty schools from reductions-
        in-force or hiring freezes.
            (6) A description of how low-income and minority children 
        are not served at disproportionate rates by ineffective, out-
        of-field, or inexperienced teachers.
            (7) A description of how the local educational agency 
        allocated funding to high-need schools to support subgroups of 
        students, including low-income students, students with 
        disabilities, English learners, minority children, students 
        experiencing homelessness, children or youth in foster care, 
        migrant children, students involved with the juvenile justice 
        system, and children at risk for academic failure.
            (8) The number of full-time equivalent employees by 
        category prior to receiving the subgrant and the number of full 
        time equivalent employees by category after receiving the 
        subgrant.

SEC. 8. DEFINITIONS.

    In this Act:
            (1) Economically disadvantaged student.--The term 
        ``economically disadvantaged student'' means a student eligible 
        for a free or reduced price lunch under the Richard B. Russell 
        National School Lunch Act (42 U.S.C. 1751 et seq.).
            (2) Education jobs fund.--The term ``Education Jobs Fund'' 
        means the fund established under section 2(a).
            (3) ESEA terms.--The terms ``English learner'', ``local 
        educational agency'', ``outlying area'', ``paraprofessional'', 
        ``professional development'', ``school leader'', ``specialized 
        instructional support personnel'', ``Secretary'', ``State'', 
        ``State educational agency'', and ``well-rounded education'' 
        have the meanings given such terms in section 8101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801).
            (4) High-need local educational agency.--The term ``high-
        need local educational agency'' means a local educational 
        agency that has a percentage of economically disadvantaged 
        students that is greater than the median percentage of 
        economically disadvantaged students for all local educational 
        agencies in the State.
            (5) High-poverty school.--The term ``high-poverty school'' 
        means, with respect to a school served by a local educational 
        agency, a school that serves a higher percentage of 
        economically disadvantaged students than the school that serves 
        the median amount of economically disadvantaged students served 
        by such local educational agency.
            (6) Overall per-pupil reduction in local educational agency 
        funds.--The term ``overall per-pupil reduction in local 
        educational agency funds'' means, with respect to a fiscal 
        year--
                    (A) the total reduction in local educational agency 
                funds in such fiscal year provided to all schools 
                served by such local educational agency, divided by
                    (B) the total student enrollment in such schools 
                served by such local educational agency for each school 
                year applicable to such fiscal year.
            (7) Overall per-pupil reduction in state funds.--The term 
        ``overall per-pupil reduction in State funds'' means, with 
        respect to a fiscal year--
                    (A) the total reduction in State funds in such 
                fiscal year provided to all local educational agencies 
                in the State, divided by
                    (B) the total student enrollment in such local 
                educational agencies in the State for each school year 
                applicable to such fiscal year.
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