[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4917 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 4917

To amend the CARES Act to support States and local educational agencies 
in responding to the COVID-19 pandemic so that all students, especially 
 historically underserved students, are provided with a safe, healthy, 
                  equitable, and excellent education.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 18, 2020

  Mr. Booker introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To amend the CARES Act to support States and local educational agencies 
in responding to the COVID-19 pandemic so that all students, especially 
 historically underserved students, are provided with a safe, healthy, 
                  equitable, and excellent education.

    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 ``Educator Jobs Fund Act of 2020''.

SEC. 2. PURPOSE.

     The purpose of this Act is to support States and local educational 
agencies in responding to the COVID-19 pandemic so that all students, 
especially historically underserved students, are provided with a safe, 
healthy, equitable, and excellent education by--
            (1) providing funding to ensure students do not lose access 
        to high-quality educators due to State and local budget cuts;
            (2) investing in educator pipelines to ensure students' 
        access to a well-prepared and diverse educator workforce is not 
        affected by the COVID-19 pandemic;
            (3) putting in place fiscal equity measures so students of 
        color, students from families experiencing low incomes, and 
        other historically underserved students do not bare the 
        budgetary brunt of the COVID-19 pandemic; and
            (4) ensuring that schools are equipped with the personal 
        protective equipment necessary to keep students, teachers, 
        principals, other support staff, and families safe.

SEC. 3. FINDINGS.

    Congress finds the following:
            (1) Prior to the COVID-19 pandemic, the United States was 
        already experiencing a shortage of more than 100,000 qualified 
        teachers. Likewise, prior to the pandemic, public employment in 
        elementary schools and secondary schools had yet to recover the 
        level it had reached prior to the losses of the Great 
        Recession.
            (2) According to the Economic Policy Institute, more K-12 
        public education jobs were lost in April than in all of the 
        Great Recession--a loss of 468,800 jobs in public school 
        employment alone. Half of these losses were among special 
        education teachers, tutors, and teaching assistants. Losses 
        were also significant among counselors, nurses, custodians, and 
        other building maintenance staff.
            (3) An analysis from the Learning Policy Institute found 
        that if there is a 20-percent reduction in State contributions 
        to education funding, this could result in the loss of nearly 
        460,000 teaching positions nationwide, or over 12 percent of 
        the public school teaching workforce. This is a more 
        significant downsizing than witnessed during the Great 
        Recession, when significant Federal investment of about 
        $110,000,000,000, including an Educator Job Fund, helped save 
        288,000 and 134,000 education jobs at different points in time.
            (4) Teachers of color face unique barriers to entering and 
        staying in the profession. For example, teachers of color are 
        more likely to enter teaching through less comprehensive 
        pathways due to the high cost of traditional teacher 
        preparation programs and the debt burden faced by college 
        students of color. Lower quality pathways can result in less 
        effective teaching and high turnover rates. Research shows that 
        candidates who receive comprehensive preparation are 2 to 3 
        times more likely to stay in teaching than those who receive 
        little training. In many cases, however, teachers of color are 
        more likely to begin teaching without having completed 
        comprehensive preparation and enter instead through routes that 
        include minimal or no student teaching or integration of key 
        coursework, leaving teachers to learn on the job.
            (5) Before the COVID-19 pandemic, enrollments in teacher 
        preparation programs had been on a steady decline for years, 
        dropping 39 percent for undergraduate and post-baccalaureate 
        programs between 2010 and 2017--resulting in over 277,000 fewer 
        professionals working their way toward the classroom. The 
        economic impact of COVID-19 threatens to put the ability to 
        afford high-quality teacher preparation further out of reach 
        for prospective teacher of color who already faced higher 
        affordability barriers prior to the pandemic than their white 
        counterparts. Similarly, institutions of higher education--
        including under resourced Historically Black Colleges and 
        Universities (HBCUs) and Minority Serving Institutions (MSIs) 
        of higher education--are under fiscal strain. Both phenomena 
        threaten to further hinder students--especially historically 
        underserved students--access to a well-prepared and diverse 
        educator workforce.
            (6) Historically Black Colleges and Universities (HBCUs) 
        and Minority Serving Institutions (MSIs) of higher education 
        have an outsized role in preparing teachers of color. For 
        example, despite the fact that only 14.2 percent of all public 
        school teachers earned their bachelor's degrees from MSIs, 
        nearly 40 percent of all Black teachers in the Nation earned 
        their bachelor's degree at an MSI. Nearly half of all Latino 
        teachers with bachelor's degrees earned them at MSIs. Further, 
        roughly 25 percent of Asian Americans and Native Americans with 
        BAs in teaching earned them at MSIs, while almost a third of 
        Pacific Islanders with BAs earned their degrees at an MSI.
            (7) Teacher residency programs like those supported by the 
        Teacher Quality Partnership Grant Program, are a high-quality 
        and diverse teacher preparation pathway into teaching. 
        Nationally, about 49 percent of residents are people of color. 
        That is the similar to the proportion of public school students 
        of color and far more than the 20 percent of teachers who are 
        people of color nationally.
            (8) Furthermore, prior to the COVID-19 pandemic, principal 
        turnover was also a significant issue. Research from the 
        Learning Policy Institute and National Association of Secondary 
        School Principals found that 35 percent of principals leave 
        their schools within 2 years and that approximately 18 percent 
        of principals were no longer in the same position one year 
        later. In underserved schools and areas, this turnover rate was 
        even higher at 21 percent. Additionally, a recent poll of 
        principals found that 45 percent are planning to move up their 
        plans to leave the profession due to the conditions spawned by 
        the COVID-19 pandemic.
            (9) Reducing principal turnover also has a significant 
        impact on student performance and teacher retention. Principals 
        are the second most important school-level factor associated 
        with student achievement. Studies have also show that teachers 
        cite principal support as one of the most important in their 
        decision to remain in a school or the profession.
            (10) Without sufficient Federal support to States, local 
        educational agencies, and teacher and principal preparation 
        programs at institutions of higher education, educator layoffs 
        and shortages will be exacerbated by the economic crisis caused 
        by the COVID-19 pandemic and historically underserved students, 
        including students of color and students from families 
        experiencing low incomes, will bear the brunt of these layoffs 
        and shortages.
            (11) Data consistently show the disproportionate impact of 
        COVID-19 on people of color and communities of concentrated 
        poverty. Further, decades of data show that students of color, 
        students from low-income families, and English language 
        learners, as well as those with special needs, who are 
        experiencing homelessness, who are in foster care, who are 
        involved with the juvenile justice system, and whose families 
        are engaged in seasonal work, have long been underserved by the 
        current education system.
            (12) Federal relief aid should be contingent on States and 
        local educational agencies protecting students most heavily 
        impacted by COVID-19 and students historically underserved in 
        education in the United States from having to bear the brunt of 
        shortfalls in school funding and other impacts of the virus on 
        schools.
            (13) Countries that have physically reopened schools 
        successfully--and only once infection rates were under 
        control--have provided schools with the resources necessary, 
        such as personal protective equipment, to continue education 
        and keep children and staff safe.

SEC. 4. EDUCATOR JOB FUND.

    (a) In General.--
            (1) Authorization.--The Secretary shall award grants to 
        States, to remain available until the later of--
                    (A) August 15, 2027; or
                    (B) the date on which each State average rate of 
                total unemployment in the Nation (seasonally adjusted) 
                is such that for the period consisting of the most 
                recent 3 months for which data for all States are 
                published before the close of such week equals or is 
                less than 5.5 percent.
            (2) Allocation to outlying areas and bureau of indian 
        education.--
                    (A) Reservation.--From the amount made available 
                under subsection (j)(1) 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 such 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 such preceding fiscal year.
            (3) Definitions.--In this section:
                    (A) Eligible state.--The term ``eligible State'' 
                means a State where the average rate of total 
                unemployment in such State (seasonally adjusted) for 
                the period consisting of the most recent 3 months for 
                which data for all States are published before the 
                close of such week equals or exceeds 5.5 percent.
                    (B) Eligible application.--The term ``eligible 
                application'' means an application submitted by an 
                eligible State not more than once per a State fiscal 
                year.
                    (C) Outlying area.--The term ``outlying area'' 
                means American Samoa, the Commonwealth of the Northern 
                Mariana Islands, Guam, and the United States Virgin 
                Islands.
                    (D) Qualifying emergency.--The term ``qualifying 
                emergency'' means--
                            (i) a public health emergency related to 
                        the coronavirus declared by the Secretary of 
                        Health and Human Services pursuant to section 
                        319 of the Public Health Service Act (42 U.S.C. 
                        247d);
                            (ii) an event related to the coronavirus 
                        for which the President declared a major 
                        disaster or an emergency under section 401 or 
                        501, respectively, of the Robert T. Stafford 
                        Disaster Relief and Emergency Assistance Act 
                        (42 U.S.C. 5170 and 5191); or
                            (iii) a national emergency related to the 
                        coronavirus declared by the President under 
                        section 201 of the National Emergencies Act (50 
                        U.S.C. 1601 et seq.).
                    (E) Secretary.--The term ``Secretary'' means the 
                Secretary of Education.
    (b) Application.--The Governor and chief State school officer of an 
eligible State seeking to receive a grant under this section shall 
submit an eligible application to the Secretary at such time, in such 
manner, and accompanied by such information as the Secretary may 
require, including assurances that the eligible State will meet the 
requirements provided under this section. The Secretary shall not 
require information in an eligible application beyond what is necessary 
to determine compliance with this section.
    (c) Fiscal and Educator Equity Accountability.--The Secretary shall 
not award a grant to a State under this section unless the Governor and 
the chief State school officer of the State provide an assurance to the 
Secretary that--
            (1) the State educational agency will, with respect to the 
        school year applicable to the fiscal year for which the grant 
        is received, provide support for public elementary and public 
        secondary education in the State, including spending for the 
        school year 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;
            (2) in the event of a precipitous decline in financial 
        resources due to a qualifying emergency where Federal resources 
        were not sufficient to remedy such a decline and the State 
        cannot maintain the same level of fiscal efforts as described 
        in paragraph (1), the Governor and chief State school officer 
        shall--
                    (A) prioritize staffing stability in high-poverty 
                local educational agencies; and
                    (B) ensure that if reductions in educator and 
                support staff or implementation of a hiring freeze must 
                occur, any reductions or hiring freezes in educator and 
                support staffing shall occur in an equitable manner 
                that at a minimum does not disproportionately impact 
                high-poverty schools;
            (3) grant funds received under this section shall be used 
        so to supplement the level of Federal, State, and local public 
        funds that, in the absence of such availability, would have 
        been used to support elementary and secondary education in the 
        State; and
            (4) the State will take action to ensure that low-income 
        students and students of color enrolled in schools assisted 
        under this section are not served at disproportionate rates by 
        ineffective, out-of-field, or inexperienced teachers or 
        principals, 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)).
    (d) Reservation.--A State that receives a grant under this section 
may reserve--
            (1) not more than 2 percent of the grant funds for the 
        administrative costs of carrying out its responsibilities under 
        the grant; and
            (2) not more than 10 percent for statewide activities 
        described under subsection (e)(3)(B) that provide additional 
        supports to high-poverty local educational agencies that the 
        State determines were mostly heavily impacted by the COVID-19 
        pandemic.
    (e) Subgrants to Local Educational Agencies.--
            (1) In general.--A State that receives a grant under this 
        section shall use the grant funds not reserved under subsection 
        (d) to award subgrants, from allotments under paragraph (2), to 
        local educational agencies (including charter schools that are 
        local educational agencies) in the State.
            (2) Formula.--From the amount available to a State that 
        receives a grant under this section and not reserved under 
        subsection (d), each local educational agency and charter 
        school that is not a local educational agency in the State 
        shall receive an amount that bears the same relationship to 
        such amount available and not reserved, as the amount such 
        local educational agency or charter school 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 most recent fiscal year 
        bears to the amount received by all local educational agencies 
        and charter schools that are not local educational agencies in 
        the State under such part for the most recent fiscal year.
            (3) Requirement to use funds to retain or create education 
        jobs.--A local educational agency or charter school that 
        receives a subgrant under this subsection--
                    (A) shall reserve 5 percent of the subgrant funds 
                to identify and address, as required under section 
                1112(b)(2) of the Elementary and Secondary Education 
                Act of 1965 (20 U.S.C. 6312(b)(2)), any disparities 
                that result in low-income students and minority 
                students being taught at higher rates than other 
                students by ineffective, inexperienced, or out-of-field 
                teachers;
                    (B) shall use 95 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 and 
                related services;
                    (C) may not use subgrant funds for general 
                administrative expenses or for other support services 
                expenditures, as those terms were defined by the 
                National Center for Education Statistics in its Common 
                Core of Data as of the date of enactment of this Act; 
                and
                    (D) shall provide an assurance that in the event of 
                a precipitous decline in financial resources due to a 
                qualifying emergency where Federal and State resources 
                were not sufficient to remedy such a decline that it--
                            (i) will prioritize staffing stability in 
                        high-poverty schools; and
                            (ii) 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 shall occur in 
                        an equitable manner.
    (f) Prohibition on the Use of Funds for Rainy-Day Funds or Debt 
Retirement.--A State that receives a grant under this section may not 
use such funds, directly or indirectly, to--
            (1) establish, restore, or supplement a rainy-day fund;
            (2) supplant State funds in a manner that has the effect of 
        establishing, restoring, or supplementing a rainy-day fund;
            (3) reduce or retire debt obligations incurred by the 
        State;
            (4) supplant State funds in a manner that has the effect of 
        reducing or retiring debt obligations incurred by the State;
            (5) meet the requirements under sections 1118 and 8521 of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        6321, 7901); or
            (6) provide increased salaries or bonuses related to on the 
        job performance.
    (g) Prohibition.--A State educational agency and a local 
educational agency shall not use funds received under section 18010 of 
the CARES Act (Public Law 116-136)--
            (1) to meet the requirements under sections 1118 and 8521 
        of the Elementary and Secondary Education Act of 1965; and
            (2) for any support of private schools, through employment, 
        services, vouchers, tax-credit scholarships, or savings 
        accounts for students to attend private elementary or secondary 
        schools, or other means.
    (h) Reporting.--
            (1) State.--Not later than 6 months after the disbursement 
        of subgrants and annually for each subsequent year for which 
        funds are made available under this section, a State that 
        receives a grant under this section shall submit a report to 
        the Secretary that includes the following information:
                    (A) 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 the following:
                            (i) High-poverty local educational agencies 
                        and schools compared to low-poverty local 
                        educational agencies and schools.
                            (ii) Local educational agencies and schools 
                        serving the highest number and percentage of 
                        minority children compared to local educational 
                        agencies and schools serving the fewest number 
                        and percentage of minority children.
                    (B) 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 24 U.S.C. 
                6311(h))), included in the aggregate and disaggregated 
                by the following characteristics of the teacher who 
                previously held the position:
                            (i) Race and ethnicity.
                            (ii) Certification status (full-
                        certification or provisional certification).
                            (iii) Teachers in the first 2 years of 
                        teaching.
                            (iv) Teachers with three or more years of 
                        teaching experience.
                            (v) If determined appropriate by the State 
                        educational agency, the most recent 
                        effectiveness rating with respect to such 
                        teacher.
                    (C) The percentage of funds under this section 
                reserved under subsection (d)(1) and how such funds 
                were spent.
            (2) Local educational agency reporting.--A local 
        educational agency or charter school that receives a subgrant 
        under this subsection shall submit a report to the State 
        educational agency not later than 90 days after the date the it 
        receives the subgrant that includes the number of educator and 
        school staff jobs that were saved or created with funds 
        received under this section, including the following:
                    (A) The overall number of such jobs.
                    (B) With respect to a local educational agency, the 
                number of such jobs in each school served by the local 
                educational agency that serves the greatest 
                concentration in the agency of any of the following:
                            (i) Students of color.
                            (ii) Students from low-income backgrounds.
                            (iii) Children with disabilities.
                            (iv) English learners.
                            (v) Migrant children.
                            (vi) Students experiencing homelessness.
                            (vii) Children and youth in foster care.
                            (viii) Students involved with the juvenile 
                        justice system.
                    (C) The number of such jobs disaggregated by race 
                and ethnicity, cross-tabulated by gender.
    (i) Findings From the Educator Job Fund.--Not later than 12 months 
after the date of each round of grant making under this section, 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 subsection (h).
    (j) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary to establish and implement an Educator Jobs 
        Fund--
                    (A) $56,600,000,000 for fiscal year 2021;
                    (B) $52,400,000,000 for fiscal year 2022;
                    (C) $34,300,000,000 for fiscal year 2023;
                    (D) $26,100,000,000 for fiscal year 2024;
                    (E) $17,700,000,000 for fiscal year 2025;
                    (F) $14,400,000,000 for fiscal year 2026;
                    (G) $14,600,000,000 for fiscal year 2027;
                    (H) $14,800,000,000 for fiscal year 2028;
                    (I) $15,000,000,000 for fiscal year 2029; and
                    (J) $15,200,000,000 for fiscal year 2030.
            (2) Reservation for administrative expenses.--Of the 
        amounts made available for a fiscal year under paragraph (1), 
        the Secretary may reserve not more than $1,000,000 for each 
        such fiscal year for administration and oversight of this 
        section.
            (3) Allocation schedule.--
                    (A) First year of grants.--Not later than 30 days 
                after the date of enactment of this Act, from the 
                amounts first made available under paragraph (1), the 
                Secretary shall award grants under this section.
                    (B) Subsequent years.--Not later than 30 days after 
                the first day of the first fiscal year that begins 
                after the date of enactment of this Act and annually 
                thereafter, from the amounts made available under 
                paragraph (1), the Secretary shall award grants under 
                this section.

SEC. 5. FISCAL ACCOUNTABILITY AND EDUCATION EQUITY.

    (a) National Emergency Educational Waivers.--Section 3511(c)(3) of 
the CARES Act (Public Law 116-136) is amended by adding at the end the 
following:
                    ``(C) Rule for maintenance of effort.--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.''.
    (b) Maintenance of Effort; Supplement Not Supplant.--Section 18008 
of the CARES Act (Public Law 116-136) is amended to read as follows:

            ``maintenance of effort; supplement not supplant

    ``Sec. 18008. (a) Maintenance of Effort.--A State's application for 
funds to carry out section 18002 or 18003 shall include assurances that 
the State will--
            ``(1) 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
            ``(2) 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.
    ``(b) Supplement, Not Supplant.--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.
    ``(c) State and Local Maintenance of Equity Requirements.--
            ``(1) State assurances.--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--
                    ``(A) will prioritize State funding support to 
                high-poverty local educational agencies;
                    ``(B) 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;
                    ``(C) will prioritize staffing stability in high-
                poverty local educational agencies; and
                    ``(D) 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.
            ``(2) Assurances from 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--
                    ``(A) will prioritize funding to high-poverty 
                schools;
                    ``(B) 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;
                    ``(C) will prioritize staffing stability in high-
                poverty schools; and
                    ``(D) 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.''.
    (c) Prohibition.--Title VIII of division B of the CARES Act (Public 
Law 116-136) is amended by inserting after section 18008 the following:

                     ``prohibition on use of funds

    ``Sec. 18009. 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).

                ``reporting and disclosure requirements

    ``Sec. 18010.  (a) Governor's Emergency Relief Fund Reports.--
            ``(1) Initial report.--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:
                    ``(A) The number of educator and school staff jobs 
                that were saved or created with funds received under 
                this title, including the following:
                            ``(i) The overall number of such jobs.
                            ``(ii) 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:
                                    ``(I) Students of color.
                                    ``(II) Students from low-income 
                                backgrounds.
                                    ``(III) Children with disabilities.
                                    ``(IV) English learners.
                                    ``(V) Migrant children.
                                    ``(VI) Students experiencing 
                                homelessness.
                                    ``(VII) Children and youth in 
                                foster care.
                                    ``(VIII) Students involved with the 
                                juvenile justice system.
                            ``(iii) The number of such jobs 
                        disaggregated by race and ethnicity, cross-
                        tabulated by gender.
                    ``(B) 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:
                            ``(i) The overall number of such jobs.
                            ``(ii) 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:
                                    ``(I) Students of color.
                                    ``(II) Students from low-income 
                                backgrounds.
                                    ``(III) Children with disabilities.
                                    ``(IV) English learners.
                                    ``(V) Migrant children.
                                    ``(VI) Students experiencing 
                                homelessness.
                                    ``(VII) Children and youth in 
                                foster care.
                                    ``(VIII) Students involved with the 
                                juvenile justice system.
                            ``(iii) The number of such jobs 
                        disaggregated by race and ethnicity, cross-
                        tabulated by gender.
            ``(2) Quarterly governor's emergency relief funds report.--
        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.
            ``(3) Grantee reporting.--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).
            ``(4) Publication of reports.--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.
            ``(5) Findings from governor's emergency relief funds 
        reporting.--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.
    ``(b) Elementary and Secondary School Emergency Relief Fund 
Reporting-Initial Reporting.--
            ``(1) State educational agency reporting.--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:
                    ``(A) The number of educator and school staff jobs 
                that were saved or created with funds received under 
                this title, including the following:
                            ``(i) The overall number of such jobs.
                            ``(ii) 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:
                                    ``(I) Students of color.
                                    ``(II) Students from low-income 
                                backgrounds.
                                    ``(III) Children with disabilities.
                                    ``(IV) English learners.
                                    ``(V) Migrant children.
                                    ``(VI) Students experiencing 
                                homelessness.
                                    ``(VII) Children and youth in 
                                foster care.
                                    ``(VIII) Students involved with the 
                                juvenile justice system.
                            ``(iii) The number of such jobs 
                        disaggregated by race and ethnicity, cross-
                        tabulated by gender.
                    ``(B) 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:
                            ``(i) The overall number of such jobs.
                            ``(ii) 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:
                                    ``(I) Students of color.
                                    ``(II) Students from low-income 
                                backgrounds.
                                    ``(III) Children with disabilities.
                                    ``(IV) English learners.
                                    ``(V) Migrant children.
                                    ``(VI) Students experiencing 
                                homelessness.
                                    ``(VII) Children and youth in 
                                foster care.
                                    ``(VIII) Students involved with the 
                                juvenile justice system.
                            ``(iii) The number of such jobs 
                        disaggregated by race and ethnicity, cross-
                        tabulated by gender.
                    ``(C) 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.
            ``(2) Local educational agency reporting.--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:
                    ``(A) The number of educator and school staff jobs 
                that were saved or created with funds received under 
                this title, including the following:
                            ``(i) The overall number of such jobs.
                            ``(ii) 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:
                                    ``(I) Students of color.
                                    ``(II) Students from low-income 
                                backgrounds.
                                    ``(III) Children with disabilities.
                                    ``(IV) English learners.
                                    ``(V) Migrant children.
                                    ``(VI) Students experiencing 
                                homelessness.
                                    ``(VII) Children and youth in 
                                foster care.
                                    ``(VIII) Students involved with the 
                                juvenile justice system.
                            ``(iii) The number of such jobs 
                        disaggregated by race and ethnicity, cross-
                        tabulated by gender.
                    ``(B) 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:
                            ``(i) The overall number of such jobs.
                            ``(ii) 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:
                                    ``(I) Students of color.
                                    ``(II) Students from low-income 
                                backgrounds.
                                    ``(III) Children with disabilities.
                                    ``(IV) English learners.
                                    ``(V) Migrant children.
                                    ``(VI) Students experiencing 
                                homelessness.
                                    ``(VII) Children and youth in 
                                foster care.
                                    ``(VIII) Students involved with the 
                                juvenile justice system.
                            ``(iii) The number of such jobs 
                        disaggregated by race and ethnicity, cross-
                        tabulated by gender.
                    ``(C) 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.
            ``(3) Quarterly elementary and secondary school emergency 
        relief fund reports.--
                    ``(A) State report.--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.
                    ``(B) Local educational agency report.--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.
            ``(4) Publication of reports.--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.
            ``(5) Findings from elementary and secondary school 
        emergency relief fund.--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.''.

SEC. 6. PERSONAL PROTECTIVE EQUIPMENT FUND.

    There are authorized to be appropriated and there are appropriated 
out of any money in the Treasury not otherwise obligated for necessary 
expenses for a Personal Protective Equipment Fund, $30,000,000: 
Provided, That the amount under this section shall be administered by 
the Secretary of Education as follows:
            (1) The Secretary of Education shall award grants to local 
        educational agencies that submit an application to the 
        Secretary detailing a plan for the use of grant funds for only 
        public schools.
            (2) In awarding grants under this section, the Secretary of 
        Education shall give priority to local educational agencies 
        serving a high percentage of schools that receive funding under 
        part A of title I of the Elementary and Secondary Education Act 
        of 1965 (20 U.S.C. 6311 et seq.).
            (3) A local educational agency that receives a grant under 
        this section shall use the grant funds--
                    (A) to purchase cleaning and sanitizing equipment;
                    (B) to purchase face masks, gloves, protective 
                eyewear, dividers, and other equipment necessary to 
                maintain social distancing standards set by the Centers 
                for Disease Control and Prevention;
                    (C) for hiring staff to implement safety protocols, 
                which may include additional custodial staff for 
                increased cleaning and disinfecting of schools and 
                buses to prevent spread, a full-time nurse for each 
                school, and aides to screen students before getting on 
                buses;
                    (D) to purchase other materials and for staffing 
                necessary to maintain student and educator safety;
                    (E) to provide staff with the training necessary to 
                carry out any safety protocols, or for appropriate and 
                safe use of equipment or materials; and
                    (F) to replace an HVAC system.

SEC. 7. SUPPORTING A DIVERSE AND WELL-PREPARED WORKFORCE.

     In addition to amounts otherwise appropriated, there are 
authorized to be appropriated and there are appropriated to the 
Secretary of Education, out of amounts in the Treasury not otherwise 
appropriated, for fiscal year 2021 the following:
            (1) $30,000,000 for grants to eligible partnerships (as 
        defined in section 200(6) of the Higher Education Act of 1965 
        (20 U.S.C. 1021(6))) for partnership grants for the 
        establishment of teacher and school leader residency programs 
        (as described in section 202(e) of the Higher Education Act of 
        1965 (20 U.S.C. 1022a(e))) that, as permitted by section 
        202(e)(2)(A)(vi)(II) of such Act, have admission goals and 
        priorities for the consideration of teacher and school leader 
        residency applicants who reflect the communities in which they 
        will teach and serve as well as consideration of individuals 
        from underrepresented populations in the teaching and principal 
        professions and strategies for supporting their program 
        completion.
            (2) $35,000,000 for grants to eligible institutions under 
        subpart 2 of part B of title II of the Higher Education Act of 
        1965 (20 U.S.C. 1033 et seq.), the Augustus F. Hawkins Centers 
        of Excellence program. All terms and conditions that apply to 
        grants under subpart 2 of part B of title II of the Higher 
        Education Act of 1965 shall apply to grants made with funds 
        made available under this paragraph.
            (3) $35,000,000 for grants for teacher and school leader 
        preparation programs at Tribal Colleges and Universities (as 
        defined in section 316 of the Higher Education Act of 1965 (20 
        U.S.C. 1059c)), Alaska Native-serving institutions and Native 
        Hawaiian-serving institutions (as defined in section 317 of the 
        Higher Education Act of 1965 (20 U.S.C. 1059d)), Predominantly 
        Black Institutions (as defined in section 318 of the Higher 
        Education Act of 1965 (20 U.S.C. 1059e)), Native American-
        serving, nontribal institutions (as defined in section 319 of 
        the Higher Education Act of 1965 (20 U.S.C. 1059f)), Asian 
        American and Native American Pacific Islander-serving 
        institutions (as defined in section 320 of the Higher Education 
        Act of 1965 (20 U.S.C. 1059g)), and Hispanic-serving 
        institutions (as defined in section 502 of the Higher Education 
        Act of 1965 (20 U.S.C. 1101a)).

SEC. 8. CONFLICT NOT A BASIS FOR WITHHOLDING FUNDS.

    In the event that any conditions on Federal education funding under 
this Act, or an amendment made by this Act, conflict with the rights, 
remedies, and procedures afforded to school or school district 
employees under Federal, State, or local laws (including applicable 
regulations or court orders as well as requirements that school 
districts negotiate or meet and confer in good faith) or under the 
terms of collective bargaining agreements, memoranda of understanding, 
or other agreements between such employers and their employees, the 
latter shall control, and compliance with the latter will not provide a 
basis for withholding funds under this Act or an amendment made by this 
Act.
                                 <all>