[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1661 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 1661

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 17, 2023

 Mr. Murphy (for himself, Ms. Baldwin, Mr. Blumenthal, Mr. Brown, Mr. 
   Cardin, Ms. Duckworth, Mr. Padilla, Mr. Sanders, and Ms. Warren) 
introduced the following bill; which was read twice and referred to the 
          Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Strength in Diversity Act of 2023''.

SEC. 2. PURPOSE.

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

SEC. 3. RESERVATION FOR NATIONAL AND STATE ACTIVITIES.

    (a) National Activities.--The Secretary may reserve not more than 5 
percent of the amounts made available under section 9 for a fiscal year 
to carry out activities of national significance relating to this Act, 
which may include--
            (1) research, development, data collection, monitoring, 
        technical assistance, evaluation, or dissemination activities; 
        and
            (2) the development and maintenance of best practices for 
        recipients of grants under section 4 and other experts in the 
        field of school diversity.
    (b) State Activities.--The Secretary may reserve not more than 10 
percent of the amounts made available under section 9 for a fiscal year 
for planning grants and implementation grants made to State educational 
agencies under section 4.

SEC. 4. GRANT PROGRAM AUTHORIZED.

    (a) Authorization.--
            (1) In general.--From the amounts made available under 
        section 9 and not reserved under section 3 for a fiscal year, 
        the Secretary shall award grants in accordance with subsection 
        (b) to eligible entities to develop or implement plans to 
        improve diversity and reduce or eliminate racial or 
        socioeconomic isolation in covered schools.
            (2) Types of grants.--The Secretary may, in any fiscal 
        year, award--
                    (A) planning grants to carry out the activities 
                described in section 6(a);
                    (B) implementation grants to carry out the 
                activities described in section 6(b); or
                    (C) both such planning grants and implementation 
                grants.
    (b) Award Basis.--
            (1) Criteria for evaluating applications.--The Secretary 
        shall award grants under this section on a competitive basis, 
        based on--
                    (A) the quality of the application submitted by an 
                eligible entity under section 5;
                    (B) the likelihood, as determined by the Secretary, 
                that the eligible entity will use the grant to improve 
                student outcomes or outcomes on other performance 
                measures described in section 7; and
                    (C) the likelihood that the grant will lead to a 
                meaningful reduction in racial and economic isolation 
                for children in covered schools.
            (2) Priority.--In awarding grants under this section, the 
        Secretary shall give priority to the following eligible 
        entities:
                    (A) First, to an eligible entity that submitted an 
                application for a grant under the Opening Doors, 
                Expanding Opportunities program described in the notice 
                published by the Department of Education in the Federal 
                Register on December 14, 2016 (81 Fed. Reg. 90343 et 
                seq.).
                    (B) Second, to an eligible entity that proposes, in 
                an application submitted under section 5, to use the 
                grant to support a program that addresses racial 
                isolation.
                    (C) Third, to an eligible entity that proposes, in 
                an application submitted under section 5, to use the 
                grant to support a program that extends beyond one 
                local educational agency, such as an inter-district or 
                regional program.
                    (D) Fourth, to an eligible entity that demonstrates 
                meaningful coordination with local housing agencies to 
                increase access to schools that have a 
                disproportionately low number of low-income students.
    (c) Duration of Grants.--
            (1) Planning grant.--A planning grant awarded under this 
        section shall be for a period of not more than 1 year.
            (2) Implementation grant.--An implementation grant awarded 
        under this section shall be for a period of not more than 3 
        years, except that the Secretary may extend an implementation 
        grant for an additional 2-year period if the eligible entity 
        receiving the grant demonstrates to the Secretary that the 
        eligible entity is making significant progress, as determined 
        by the Secretary, on the program performance measures described 
        in section 7.

SEC. 5. APPLICATIONS.

    In order to receive a grant under section 4, an eligible entity 
shall submit an application to the Secretary at such time and in such 
manner as the Secretary may require. Such application shall include--
            (1) a description of the program for which the eligible 
        entity is seeking a grant, including--
                    (A) how the eligible entity proposes to use the 
                grant to improve the academic and life outcomes of 
                students in racial or socioeconomic isolation in 
                covered schools by supporting interventions that 
                increase diversity for students in such covered 
                schools;
                    (B) in the case of an implementation grant, the 
                implementation grant plan described in section 6(b)(1); 
                and
                    (C) evidence, or if such evidence is not available, 
                a rationale based on current research, regarding how 
                the program will increase diversity;
            (2) in the case of an eligible entity proposing to use any 
        of the grant to benefit covered schools that are racially 
        isolated, a description of how the eligible entity will 
        identify and define racial isolation;
            (3) in the case of an eligible entity proposing to use any 
        portion of the grant to benefit high-poverty covered schools, a 
        description of how the eligible entity will identify and define 
        income level and socioeconomic status;
            (4) a description of the plan of the eligible entity for 
        continuing the program after the grant period ends;
            (5) a description of how the eligible entity will assess, 
        monitor, and evaluate the impact of the activities funded under 
        the grant on student achievement and student enrollment 
        diversity, and teacher diversity;
            (6) an assurance that the eligible entity has conducted, or 
        will conduct, robust parent and community engagement, while 
        planning for and implementing the program, such as through--
                    (A) consultation with appropriate officials from 
                Indian Tribes or Tribal organizations approved by the 
                Tribes located in the area served by the eligible 
                entity;
                    (B) consultation with other community entities, 
                including local housing or transportation authorities;
                    (C) public hearings or other open forums to inform 
                the development of any formal strategy to increase 
                diversity; and
                    (D) outreach to parents and students, in a language 
                that parents and students can understand, and 
                consultation with students and families in the targeted 
                district or region that is designed to ensure 
                participation in the planning and development of any 
                formal strategy to increase diversity;
            (7) an estimate of the number of students that the eligible 
        entity plans to serve under the program and the number of 
        students to be served through additional expansion of the 
        program after the grant period ends;
            (8) an assurance that the eligible entity will--
                    (A) cooperate with the Secretary in evaluating the 
                program, including any evaluation that might require 
                data and information from multiple recipients of grants 
                under section 4; and
                    (B) engage in the best practices developed under 
                section 3(a)(2);
            (9) an assurance that, to the extent possible, the eligible 
        entity has considered the potential implications of the grant 
        activities on the demographics and student enrollment of nearby 
        covered schools not included in the activities of the grant;
            (10) in the case of an eligible entity applying for an 
        implementation grant, a description of how the eligible entity 
        will--
                    (A) implement, replicate, or expand a strategy 
                based on a strong or moderate level of evidence (as 
                described in subclause (I) or (II) of section 
                8101(21)(A)(i) of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 7801(21)(A)(i))); or
                    (B) test a promising strategy to increase diversity 
                in covered schools;
            (11) in the case of an application by a consortium of local 
        educational agencies, a specification of which agency is the 
        lead applicant, and how the grant funds will be divided among 
        the school districts served by such consortium; and
            (12) in the case of an application by a State educational 
        agency, a demonstration that the agency has procedures in 
        place--
                    (A) to assess and prevent the redrawing of school 
                district lines in a manner that increases racial or 
                socioeconomic isolation;
                    (B) to assess the segregation impacts of new school 
                construction proposals and to prioritize school 
                construction funding that will foreseeably increase 
                racial and economic integration; and
                    (C) to include progress toward reduction of racial 
                and economic isolation as a factor in its State plan 
                under section 1111 of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 6311).

SEC. 6. USES OF FUNDS.

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

SEC. 7. PERFORMANCE MEASURES.

    The Secretary shall establish performance measures for the programs 
and activities carried out through a grant under section 4. These 
measures, at a minimum, shall track the progress of each eligible 
entity in--
            (1) improving academic and other developmental or 
        noncognitive outcomes for each subgroup described in section 
        1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act 
        of 1965 (20 U.S.C. 6311(b)(2)(B)(xi)) that is served by the 
        eligible entity on measures, including, as applicable, by--
                    (A) increasing school readiness;
                    (B) increasing student achievement and decreasing 
                achievement gaps;
                    (C) increasing high school graduation rates;
                    (D) increasing readiness for postsecondary 
                education and careers;
                    (E) improving access to mental health and social-
                emotional learning;
                    (F) reducing school discipline rates; and
                    (G) any other indicator the Secretary or eligible 
                entity may identify; and
            (2) increasing diversity and decreasing racial or 
        socioeconomic isolation in covered schools.

SEC. 8. ANNUAL REPORTS.

    An eligible entity that receives a grant under section 4 shall 
submit to the Secretary, at such time and in such manner as the 
Secretary may require, an annual report that includes--
            (1) a description of the efforts of the eligible entity to 
        increase inclusivity;
            (2) information on the progress of the eligible entity with 
        respect to the performance measures described in section 7;
            (3) the data supporting such progress;
            (4) a description of how the eligible entity will continue 
        to make improvements toward increasing diversity and decreasing 
        racial or socioeconomic isolation in covered schools and 
        sustaining inclusion; and
            (5) information on the progress of regional programs on 
        reducing racial and socioeconomic isolation in covered schools, 
        if applicable.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act such 
sums as may be necessary for fiscal year 2024 and each of the 5 
succeeding fiscal years.

SEC. 10. DEFINITIONS.

    In this Act:
            (1) Covered school.--The term ``covered school'' means--
                    (A) a publicly-funded early childhood education 
                program;
                    (B) a public elementary school; or
                    (C) a public secondary school.
            (2) Eligible entity.--The term ``eligible entity'' means a 
        State educational agency, a local educational agency, a 
        consortium of such agencies, an educational service agency, or 
        a regional educational agency that at the time of the 
        application of such eligible entity has significant achievement 
        gaps and socioeconomic or racial segregation within or between 
        the school districts served by such entity.
            (3) ESEA terms.--The terms ``educational service agency'', 
        ``elementary school'', ``local educational agency'', 
        ``secondary school'', ``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).
            (4) Publicly-funded early childhood education program.--The 
        term ``publicly-funded early childhood education program'' 
        means an early childhood education program (as defined in 
        section 103(8) of the Higher Education Act of 1965 (20 U.S.C. 
        1003(8))) that receives State or Federal funds.

SEC. 11. PROHIBITION AGAINST FEDERAL CONTROL OF EDUCATION.

    No provision of this Act shall be construed to authorize any 
department, agency, officer, or employee of the United States to 
exercise any direction, supervision, or control over the curriculum, 
program of instruction, administration, or personnel of any educational 
institution, school, or school system.
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