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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 729 Introduced in Senate (IS)]

<DOC>

117th CONGRESS
  1st Session
                                 S. 729

To establish an Educational Equity Challenge Grant program administered 
                    by the Department of Education.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 11, 2021

 Ms. Warren (for herself, Mr. Blumenthal, Mr. Markey, Mr. Murphy, and 
  Mr. Wyden) introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL

 
To establish an Educational Equity Challenge Grant program administered 
                    by the Department of 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 ``Educational Equity Challenge Grant 
Act of 2021''.

SEC. 2. EDUCATIONAL EQUITY CHALLENGE GRANT PROGRAM.

    (a) Definitions.--In this section:
            (1) Educational service agency.--The term ``educational 
        service agency'' has the meaning given the term in section 8101 
        of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 7801).
            (2) Eligible entity.--The term ``eligible entity''--
                    (A) means--
                            (i) a local educational agency;
                            (ii) a consortium of local educational 
                        agencies;
                            (iii) a State educational agency;
                            (iv) an educational service agency;
                            (v) a partnership between a nonprofit 
                        organization, including a provider of early 
                        childhood education, an institution of higher 
                        education, a community-based organization, or a 
                        national intermediary, and 1 or more local 
                        educational agencies; or
                            (vi) the Bureau of Indian Education; and
                    (B) shall not include any for-profit entity.
            (3) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001).
            (4) Local educational agency.--The term ``local educational 
        agency'' has the meaning given the term in section 8101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (6) State educational agency.--The term ``State educational 
        agency'' has the meaning given the term in section 8101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801).
    (b) Establishment of Program.--The Secretary shall establish an 
Educational Equity Challenge Grant program through which the Secretary 
awards grants to eligible entities to--
            (1) adopt and implement evidence-based activities, 
        strategies, and interventions to address academic, social-
        emotional, mental, behavioral, and physical health needs 
        associated with the COVID-19 pandemic that meet the standard of 
        evidence described in section 8101(21)(A)(i) of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 7801(21)(A)(i)); 
        or
            (2) design or replicate and implement field- and educator-
        initiated proposals to address academic, social-emotional, 
        mental, behavioral, and physical health needs associated with 
        the COVID-19 pandemic that--
                    (A) are independently evaluated by the grantee for 
                efficacy; and
                    (B) meet the standard of evidence described in 
                section 8101(21)(A)(i) of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 7801(21)(A)(i)).
    (c) Allocation of Funds.--
            (1) Administrative expenses.--The Secretary may use not 
        more than 5 percent of funds available to carry out this 
        section for administration of the Educational Equity Challenge 
        Grant program, including technical assistance, collaboration 
        with other relevant agencies, and dissemination of best 
        practices.
            (2) Reservation for tribes.--From amounts appropriated to 
        carry out this section for a fiscal year and not used under 
        paragraph (1), the Secretary shall reserve 5 percent to award 
        grants to the outlying areas and the Bureau of Indian Education 
        to carry out activities described in this section in schools 
        operated or funded by the Bureau of Indian Education.
            (3) Evidence-based and field-initiated proposals.--From the 
        funds remaining after carrying out paragraphs (1) and (2), in 
        awarding grants under this section, the Secretary shall ensure 
        that--
                    (A) 75 percent of the grant funds are awarded to 
                evidence-based proposals, as described in subsection 
                (b)(1); and
                    (B) 25 percent of the grant funds are awarded to 
                field- and educator-initiated proposals, as described 
                in subsection (b)(2).
            (4) Rural areas.--
                    (A) In general.--From the funds remaining after 
                carrying out paragraphs (1) and (2), in awarding grants 
                under this section, the Secretary shall ensure that not 
                less than 25 percent of the grant funds are awarded to 
                eligible entities--
                            (i) that have a locale code of 32, 33, 41, 
                        42, or 43, as determined by the Secretary; or
                            (ii) for which a majority of the schools to 
                        be served by the program funded by the grant 
                        awarded under this section to such an eligible 
                        entity are designated with a locale code of 32, 
                        33, 41, 42, or 43, or a combination of such 
                        codes, as determined by the Secretary.
                    (B) Exception.--Notwithstanding subparagraph (A), 
                the Secretary shall reduce the amount of funds made 
                available under such subparagraph if the Secretary does 
                not receive a sufficient number of applications of 
                sufficient quality.
            (5) Low-income students.--
                    (A) In general.--From the funds remaining after 
                carrying out paragraphs (1) and (2), in awarding grants 
                under this section, the Secretary shall ensure that not 
                less than 50 percent of the grant funds are awarded to 
                eligible entities that serve student populations in 
                which 20 percent or more of school-age children live in 
                low-income families, according to the most recent Small 
                Area Income and Poverty Estimates of the Bureau of the 
                Census.
                    (B) Exception.--Notwithstanding subparagraph (A), 
                the Secretary shall reduce the amount of funds made 
                available under such subparagraph if the Secretary does 
                not receive a sufficient number of applications of 
                sufficient quality.
            (6) Rural and low-income students.--An eligible entity that 
        is described in paragraph (4)(A) and also described in 
        paragraph (5)(A) may count as an eligible entity under both 
        paragraphs for purposes of the requirements under such 
        paragraphs.
    (d) Publication of Application.--Not later than 60 days after the 
date of enactment of this Act, the Secretary shall--
            (1) publish the applications for grants under this section; 
        and
            (2) post on the public website of the Department of 
        Education resources regarding identified evidence-based 
        activities, strategies, and interventions.
    (e) Applications.--An eligible entity that desires to receive a 
grant under this section shall submit an application to the Secretary 
at such time, in such manner, and accompanied by such information as 
the Secretary may require, including the following:
            (1) Identification by the eligible entity of the inequities 
        experienced by students during the COVID-19 pandemic, including 
        the impact on academic progress and social-emotional, mental, 
        behavioral, and physical health needs, identified through 
        trauma-informed academic, social-emotional, and health needs 
        assessments or assessments used in multi-tiered systems of 
        support. Where possible, applicants shall utilize existing 
        assessments and validated tools, such as surveys, to avoid 
        duplicative or excessive student testing.
            (2) The differential impact of the COVID-19 pandemic on 
        increased academic, social-emotional, mental, and physical 
        health needs for specific groups of students, including low-
        income students, students of color and Native American 
        students, homeless students, migrant students, students in 
        foster care, English learners, students involved with the 
        juvenile justice system, and students with disabilities, and 
        other specific groups identified 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)), in a manner that protects personally 
        identifiable information.
            (3) The evidence-based strategies the eligible entity will 
        use to address these inequities if applying for a grant 
        described in subsection (b)(1).
            (4) How academic, social-emotional, mental, behavioral, and 
        physical health, access to accelerated student learning and 
        mastery of content, and related outcomes will be measured, 
        including how the eligible entity will use existing assessments 
        and validated tools, such as surveys, to avoid duplicative or 
        excessive student testing.
            (5) How the eligible entity will partner and seek ongoing 
        feedback with the parents, families, teachers, 
        paraprofessionals, local stakeholders, and community members, 
        including those from marginalized communities, to identify 
        academic, social-emotional, mental, behavioral, and physical 
        health needs of students and collaborate on provision of high-
        quality services where appropriate.
            (6) How the proposed strategies and interventions will 
        accelerate student learning, promote mastery of content, and 
        expand student access to and opportunity for well-rounded, 
        culturally and linguistically responsive, and rigorous 
        standards-aligned curricula.
            (7) Identification by the eligible entity of the mental and 
        physical health impacts on school staff during the COVID-19 
        pandemic.
            (8) A proposed detailed budget, including how the applicant 
        plans to distribute funds among schools and groups of students 
        identified as highest need.
            (9) For eligible entities that intend to carry out field- 
        and educator-initiated proposals described in subsection 
        (b)(2), a proposal for conducting an independent evaluation of 
        the effectiveness of the proposal.
    (f) Priority.--In awarding grants under this section, the Secretary 
shall give priority to applicants serving disproportionately higher 
percentages of high-need students, including low-income students, 
students of color and Native American students, homeless students, 
migrant students, students in foster care, English learners, students 
involved with the juvenile justice system, students with disabilities, 
and students that have been disproportionately affected by COVID-19.
    (g) Uses of Funds.--An eligible entity that receives a grant under 
this section shall carry out 1 of the following:
            (1) Implementation of evidence-based activities, 
        strategies, and interventions that meet the requirements 
        described in section 8101(21)(A)(i) of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7801(21)(A)(i)), 
        which shall include at least 1 of the following:
                    (A) Developing, administering, and using high-
                quality, universally designed assessments that are 
                valid and reliable, to accurately assess students' 
                academic needs and progress and assist educators in 
                meeting students' academic needs, including through 
                differentiating instruction, progress monitoring, and 
                providing professional development on how to develop 
                universally designed, high-quality assessments that are 
                aligned with curricula or how to effectively implement 
                and use existing high-quality assessments for these 
                purposes.
                    (B) Supporting social and emotional learning, 
                including through integrated systems of support, 
                counseling, and the explicit teaching of cognitive, 
                social, and emotional skills and competencies, by 
                building social and emotional instruction into all 
                classes, and which may include instituting restorative 
                practices.
                    (C) Implementing school- and district-wide 
                practices that support students holistically, including 
                mental health services, early intervention and 
                prevention practices, trauma-informed practices, and 
                efforts to improve family engagement and staff well-
                being.
                    (D) Implementing culturally and linguistically 
                responsive practices.
                    (E) Extending instructional time, which may 
                include--
                            (i) before or after school programs and 
                        extending the school day or year, including 
                        through summer learning programs; or
                            (ii) high-quality distance instruction, 
                        during non-traditional school days and hours 
                        (including during the summer), including 
                        providing professional development to support 
                        effective, personalized instruction.
                    (F) Implementing high-quality structured individual 
                or small group tutoring.
                    (G) Implementing and providing professional 
                development on the use of rigorous, culturally and 
                linguistically competent, universally designed, and 
                well-rounded curriculum.
                    (H) Recruiting and supporting racially, ethnically, 
                culturally, and linguistically diverse, well-prepared 
                educators, including those with disabilities, through 
                comprehensive State-accredited teacher preparation 
                programs.
                    (I) Implementing programs that promote school 
                racial and socioeconomic integration and diversity and 
                effective inclusion of students with disabilities.
            (2) Design or replication and implementation of field- and 
        educator-initiated proposals--
                    (A) that meet the standard of evidence described in 
                section 8101(21)(A)(ii) of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 7801(21)(A)(ii));
                    (B) that demonstrate a promising approach;
                    (C) that include family and educator input into 
                their design and implementation; and
                    (D) that include activities, strategies, or 
                interventions that are independently evaluated and 
                published by the grantee for efficacy.
    (h) Rule of Construction for Collective Bargaining.--Nothing in 
this section shall be construed to alter or otherwise affect the 
rights, remedies, and procedures afforded to school or local 
educational agency employees under Federal, State, or local laws 
(including applicable regulations or court orders) or under the terms 
of collective bargaining agreements, memoranda of understanding, or 
other agreements between such employers and their employees.
    (i) Independent Evaluations.--An eligible entity that receives a 
grant for activities described in subsection (b)(2) shall--
            (1) conduct an independent evaluation for efficacy, which 
        shall--
                    (A) estimate the impact of the interventions 
                carried out under the grant (as implemented at the 
                proposed level of scale on a relevant outcome for 
                individual groups of students); and
                    (B) be made broadly available digitally and free of 
                charge, through formal (including peer-reviewed 
                journals) and informal (including newsletters) 
                mechanisms and through posting on the Department of 
                Education's public website; and
            (2) cooperate with any technical assistance provided by the 
        Department of Education or the contractor of the Department and 
        comply with the requirements of any evaluation of the program 
        conducted by the Department.
    (j) Reports.--
            (1) Grantees.--An eligible entity that receives a grant 
        under this section shall submit an annual report to the 
        Secretary describing--
                    (A) the proposed and actual uses of funds, 
                including a description of how much funding supported 
                which evidence-based interventions;
                    (B) how funds were used and their effect on student 
                access to accelerated student learning, mastery of 
                content and social-emotional, mental, behavioral, and 
                physical health outcomes, which may include success 
                measures such as school culture surveys, workplace 
                culture surveys, family feedback, and existing 
                diagnostic or formative assessments, disaggregated by 
                the specific groups identified 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)), in 
                a manner that protects personally identifiable 
                information;
                    (C) how the State educational agency or local 
                educational agency distributed funds, including any 
                formula or methodology that was used, to schools served 
                by such agency to meet the academic, social-emotional, 
                mental, behavioral, and physical health needs of 
                students who have been disproportionately affected by 
                COVID-19 and school closures, including students from 
                low-income families, children with disabilities, 
                English learners, students of color, students 
                experiencing homelessness, children and youth in foster 
                care, migrant children, and students involved with the 
                juvenile justice system; and
                    (D) how the grant funds were supplemented with 
                State and local funds targeted to disproportionately 
                affected students as described in subparagraph (B), 
                including funds appropriated through State formula 
                grants to local educational agencies.
            (2) Reports to congress.--Beginning 1 year after the first 
        grants are awarded under this section, and annually thereafter, 
        the Secretary shall submit and digitally publish a report to 
        Congress detailing--
                    (A) the basis on which grants were awarded;
                    (B) eligible entities that received grants and 
                amount of funding received by each grantee;
                    (C) the proposed and actual uses of funds, 
                including a description of how much funding supported 
                which evidence-based interventions;
                    (D) available outcomes related to student learning 
                and social-emotional, mental, behavioral, and physical 
                health, disaggregated by the specific groups identified 
                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)), in a manner that protects 
                personally identifiable information; and
                    (E) the technical assistance activities of the 
                Department of Education and costs of these activities, 
                dissemination costs, and costs of other activities 
                supported by the set-aside for the Department of 
                Education.
    (k) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            (1) $15,000,000,000 for each of the fiscal years 2021 
        through 2023;
            (2) $10,000,000,000 for each of the fiscal years 2024 
        through 2027; and
            (3) $5,000,000,000 for each of the fiscal years 2028 
        through 2030.
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