II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Educational Equity 

5 Challenge Grant Act of 2021’’. 

6 SEC. 2. EDUCATIONAL EQUITY CHALLENGE GRANT PRO7 GRAM. 

8 (a) DEFINITIONS.—In this section: 

9 (1) EDUCATIONAL SERVICE AGENCY.—The 

10 term ‘‘educational service agency’’ has the meaning 


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1 given the term in section 8101 of the Elementary 

2 and Secondary Education Act of 1965 (20 U.S.C. 

3 7801). 

4 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti5 ty’’— 

6 (A) means— 

7 (i) a local educational agency; 

8 (ii) a consortium of local educational 

9 agencies; 

10 (iii) a State educational agency; 

11 (iv) an educational service agency; 

12 (v) a partnership between a nonprofit 

13 organization, including a provider of early 

14 childhood education, an institution of high15 er education, a community-based organiza16 tion, or a national intermediary, and 1 or 

17 more local educational agencies; or 

18 (vi) the Bureau of Indian Education; 

19 and 

20 (B) shall not include any for-profit entity. 

21 (3) INSTITUTION OF HIGHER EDUCATION.—The 

22 term ‘‘institution of higher education’’ has the 

23 meaning given the term in section 101 of the Higher 

24 Education Act of 1965 (20 U.S.C. 1001). 


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1 (4) LOCAL EDUCATIONAL AGENCY.—The term 

2 ‘‘local educational agency’’ has the meaning given 

3 the term in section 8101 of the Elementary and Sec4 ondary Education Act of 1965 (20 U.S.C. 7801). 

5 (5) SECRETARY.—The term ‘‘Secretary’’ means 

6 the Secretary of Education. 

7 (6) STATE EDUCATIONAL AGENCY.—The term 

8 ‘‘State educational agency’’ has the meaning given 

9 the term in section 8101 of the Elementary and Sec10 ondary Education Act of 1965 (20 U.S.C. 7801). 

11 (b) ESTABLISHMENT OF PROGRAM.—The Secretary 

12 shall establish an Educational Equity Challenge Grant 

13 program through which the Secretary awards grants to 

14 eligible entities to— 

15 (1) adopt and implement evidence-based activi16 ties, strategies, and interventions to address aca17 demic, social-emotional, mental, behavioral, and 

18 physical health needs associated with the COVID–19 

19 pandemic that meet the standard of evidence de20 scribed in section 8101(21)(A)(i) of the Elementary 

21 and Secondary Education Act of 1965 (20 U.S.C. 

22 7801(21)(A)(i)); or 

23 (2) design or replicate and implement field- and 

24 educator-initiated proposals to address academic, so25 cial-emotional, mental, behavioral, and physical 


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1 health needs associated with the COVID–19 pan2 demic that— 

3 (A) are independently evaluated by the 

4 grantee for efficacy; and 

5 (B) meet the standard of evidence de6 scribed in section 8101(21)(A)(i) of the Ele7 mentary and Secondary Education Act of 1965 

8 (20 U.S.C. 7801(21)(A)(i)). 

9 (c) ALLOCATION OF FUNDS.— 

10 (1) ADMINISTRATIVE EXPENSES.—The Sec11 retary may use not more than 5 percent of funds 

12 available to carry out this section for administration 

13 of the Educational Equity Challenge Grant program, 

14 including technical assistance, collaboration with 

15 other relevant agencies, and dissemination of best 

16 practices. 

17 (2) RESERVATION FOR TRIBES.—From 

18 amounts appropriated to carry out this section for a 

19 fiscal year and not used under paragraph (1), the 

20 Secretary shall reserve 5 percent to award grants to 

21 the outlying areas and the Bureau of Indian Edu22 cation to carry out activities described in this section 

23 in schools operated or funded by the Bureau of In24 dian Education. 


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1 (3) EVIDENCE-BASED AND FIELD-INITIATED

2 PROPOSALS.—From the funds remaining after car3 rying out paragraphs (1) and (2), in awarding 

4 grants under this section, the Secretary shall ensure 

5 that— 

6 (A) 75 percent of the grant funds are 

7 awarded to evidence-based proposals, as de8 scribed in subsection (b)(1); and 

9 (B) 25 percent of the grant funds are 

10 awarded to field- and educator-initiated pro11 posals, as described in subsection (b)(2). 

12 (4) RURAL AREAS.— 

13 (A) IN GENERAL.—From the funds re14 maining after carrying out paragraphs (1) and 

15 (2), in awarding grants under this section, the 

16 Secretary shall ensure that not less than 25 

17 percent of the grant funds are awarded to eligi18 ble entities— 

19 (i) that have a locale code of 32, 33, 

20 41, 42, or 43, as determined by the Sec21 retary; or 

22 (ii) for which a majority of the schools 

23 to be served by the program funded by the 

24 grant awarded under this section to such 

25 an eligible entity are designated with a loVerDate Sep 11 2014 18:08 Apr 08, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S729.IS S729

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1 cale code of 32, 33, 41, 42, or 43, or a 

2 combination of such codes, as determined 

3 by the Secretary. 

4 (B) EXCEPTION.—Notwithstanding sub5 paragraph (A), the Secretary shall reduce the 

6 amount of funds made available under such 

7 subparagraph if the Secretary does not receive 

8 a sufficient number of applications of sufficient 

9 quality. 

10 (5) LOW-INCOME STUDENTS.— 

11 (A) IN GENERAL.—From the funds re12 maining after carrying out paragraphs (1) and 

13 (2), in awarding grants under this section, the 

14 Secretary shall ensure that not less than 50 

15 percent of the grant funds are awarded to eligi16 ble entities that serve student populations in 

17 which 20 percent or more of school-age children 

18 live in low-income families, according to the 

19 most recent Small Area Income and Poverty 

20 Estimates of the Bureau of the Census. 

21 (B) EXCEPTION.—Notwithstanding sub22 paragraph (A), the Secretary shall reduce the 

23 amount of funds made available under such 

24 subparagraph if the Secretary does not receive 


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1 a sufficient number of applications of sufficient 

2 quality. 

3 (6) RURAL AND LOW-INCOME STUDENTS.—An 

4 eligible entity that is described in paragraph (4)(A) 

5 and also described in paragraph (5)(A) may count 

6 as an eligible entity under both paragraphs for pur7 poses of the requirements under such paragraphs. 

8 (d) PUBLICATION OF APPLICATION.—Not later than 

9 60 days after the date of enactment of this Act, the Sec10 retary shall— 

11 (1) publish the applications for grants under 

12 this section; and 

13 (2) post on the public website of the Depart14 ment of Education resources regarding identified 

15 evidence-based activities, strategies, and interven16 tions. 

17 (e) APPLICATIONS.—An eligible entity that desires to 

18 receive a grant under this section shall submit an applica19 tion to the Secretary at such time, in such manner, and 

20 accompanied by such information as the Secretary may 

21 require, including the following: 

22 (1) Identification by the eligible entity of the in23 equities experienced by students during the COVID– 

24 19 pandemic, including the impact on academic 

25 progress and social-emotional, mental, behavioral, 


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1 and physical health needs, identified through trau2 ma-informed academic, social-emotional, and health 

3 needs assessments or assessments used in multi4 tiered systems of support. Where possible, applicants 

5 shall utilize existing assessments and validated tools, 

6 such as surveys, to avoid duplicative or excessive 

7 student testing. 

8 (2) The differential impact of the COVID–19 

9 pandemic on increased academic, social-emotional, 

10 mental, and physical health needs for specific groups 

11 of students, including low-income students, students 

12 of color and Native American students, homeless 

13 students, migrant students, students in foster care, 

14 English learners, students involved with the juvenile 

15 justice system, and students with disabilities, and 

16 other specific groups identified in section 

17 1111(b)(2)(B)(xi) of the Elementary and Secondary 

18 Education Act of 1965 (20 U.S.C. 

19 6311(b)(2)(B)(xi)), in a manner that protects per20 sonally identifiable information. 

21 (3) The evidence-based strategies the eligible 

22 entity will use to address these inequities if applying 

23 for a grant described in subsection (b)(1). 

24 (4) How academic, social-emotional, mental, be25 havioral, and physical health, access to accelerated 


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1 student learning and mastery of content, and related 

2 outcomes will be measured, including how the eligi3 ble entity will use existing assessments and validated 

4 tools, such as surveys, to avoid duplicative or exces5 sive student testing. 

6 (5) How the eligible entity will partner and seek 

7 ongoing feedback with the parents, families, teach8 ers, paraprofessionals, local stakeholders, and com9 munity members, including those from marginalized 

10 communities, to identify academic, social-emotional, 

11 mental, behavioral, and physical health needs of stu12 dents and collaborate on provision of high-quality 

13 services where appropriate. 

14 (6) How the proposed strategies and interven15 tions will accelerate student learning, promote mas16 tery of content, and expand student access to and 

17 opportunity for well-rounded, culturally and linguis18 tically responsive, and rigorous standards-aligned 

19 curricula. 

20 (7) Identification by the eligible entity of the 

21 mental and physical health impacts on school staff 

22 during the COVID–19 pandemic. 

23 (8) A proposed detailed budget, including how 

24 the applicant plans to distribute funds among 


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1 schools and groups of students identified as highest 

2 need. 

3 (9) For eligible entities that intend to carry out 

4 field- and educator-initiated proposals described in 

5 subsection (b)(2), a proposal for conducting an inde6 pendent evaluation of the effectiveness of the pro7 posal. 

8 (f) PRIORITY.—In awarding grants under this sec9 tion, the Secretary shall give priority to applicants serving 

10 disproportionately higher percentages of high-need stu11 dents, including low-income students, students of color 

12 and Native American students, homeless students, mi13 grant students, students in foster care, English learners, 

14 students involved with the juvenile justice system, stu15 dents with disabilities, and students that have been dis16 proportionately affected by COVID–19. 

17 (g) USES OF FUNDS.—An eligible entity that receives 

18 a grant under this section shall carry out 1 of the fol19 lowing: 

20 (1) Implementation of evidence-based activities, 

21 strategies, and interventions that meet the require22 ments described in section 8101(21)(A)(i) of the El23 ementary and Secondary Education Act of 1965 (20 

24 U.S.C. 7801(21)(A)(i)), which shall include at least 

25 1 of the following: 


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1 (A) Developing, administering, and using 

2 high-quality, universally designed assessments 

3 that are valid and reliable, to accurately assess 

4 students’ academic needs and progress and as5 sist educators in meeting students’ academic 

6 needs, including through differentiating instruc7 tion, progress monitoring, and providing profes8 sional development on how to develop univer9 sally designed, high-quality assessments that 

10 are aligned with curricula or how to effectively 

11 implement and use existing high-quality assess12 ments for these purposes. 

13 (B) Supporting social and emotional learn14 ing, including through integrated systems of 

15 support, counseling, and the explicit teaching of 

16 cognitive, social, and emotional skills and com17 petencies, by building social and emotional in18 struction into all classes, and which may in19 clude instituting restorative practices. 

20 (C) Implementing school- and district-wide 

21 practices that support students holistically, in22 cluding mental health services, early interven23 tion and prevention practices, trauma-informed 

24 practices, and efforts to improve family engage25 ment and staff well-being. 


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1 (D) Implementing culturally and linguis2 tically responsive practices. 

3 (E) Extending instructional time, which 

4 may include— 

5 (i) before or after school programs 

6 and extending the school day or year, in7 cluding through summer learning pro8 grams; or 

9 (ii) high-quality distance instruction, 

10 during non-traditional school days and 

11 hours (including during the summer), in12 cluding providing professional development 

13 to support effective, personalized instruc14 tion. 

15 (F) Implementing high-quality structured 

16 individual or small group tutoring. 

17 (G) Implementing and providing profes18 sional development on the use of rigorous, cul19 turally and linguistically competent, universally 

20 designed, and well-rounded curriculum. 

21 (H) Recruiting and supporting racially, 

22 ethnically, culturally, and linguistically diverse, 

23 well-prepared educators, including those with 

24 disabilities, through comprehensive State-ac25 credited teacher preparation programs. 


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1 (I) Implementing programs that promote 

2 school racial and socioeconomic integration and 

3 diversity and effective inclusion of students with 

4 disabilities. 

5 (2) Design or replication and implementation of 

6 field- and educator-initiated proposals— 

7 (A) that meet the standard of evidence de8 scribed in section 8101(21)(A)(ii) of the Ele9 mentary and Secondary Education Act of 1965 

10 (20 U.S.C. 7801(21)(A)(ii)); 

11 (B) that demonstrate a promising ap12 proach; 

13 (C) that include family and educator input 

14 into their design and implementation; and 

15 (D) that include activities, strategies, or 

16 interventions that are independently evaluated 

17 and published by the grantee for efficacy. 

18 (h) RULE OF CONSTRUCTION FOR COLLECTIVE BAR19 GAINING.—Nothing in this section shall be construed to 

20 alter or otherwise affect the rights, remedies, and proce21 dures afforded to school or local educational agency em22 ployees under Federal, State, or local laws (including ap23 plicable regulations or court orders) or under the terms 

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1 standing, or other agreements between such employers 

2 and their employees. 

3 (i) INDEPENDENT EVALUATIONS.—An eligible entity 

4 that receives a grant for activities described in subsection 

5 (b)(2) shall— 

6 (1) conduct an independent evaluation for effi7 cacy, which shall— 

8 (A) estimate the impact of the interven9 tions carried out under the grant (as imple10 mented at the proposed level of scale on a rel11 evant outcome for individual groups of stu12 dents); and 

13 (B) be made broadly available digitally and 

14 free of charge, through formal (including peer15 reviewed journals) and informal (including 

16 newsletters) mechanisms and through posting 

17 on the Department of Education’s public 

18 website; and 

19 (2) cooperate with any technical assistance pro20 vided by the Department of Education or the con21 tractor of the Department and comply with the re22 quirements of any evaluation of the program con23 ducted by the Department. 

24 (j) REPORTS.— 


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1 (1) GRANTEES.—An eligible entity that receives 

2 a grant under this section shall submit an annual re3 port to the Secretary describing— 

4 (A) the proposed and actual uses of funds, 

5 including a description of how much funding 

6 supported which evidence-based interventions; 

7 (B) how funds were used and their effect 

8 on student access to accelerated student learn9 ing, mastery of content and social-emotional, 

10 mental, behavioral, and physical health out11 comes, which may include success measures 

12 such as school culture surveys, workplace cul13 ture surveys, family feedback, and existing di14 agnostic or formative assessments, 

15 disaggregated by the specific groups identified 

16 in section 1111(b)(2)(B)(xi) of the Elementary 

17 and Secondary Education Act of 1965 (20 

18 U.S.C. 6311(b)(2)(B)(xi)), in a manner that 

19 protects personally identifiable information; 

20 (C) how the State educational agency or 

21 local educational agency distributed funds, in22 cluding any formula or methodology that was 

23 used, to schools served by such agency to meet 

24 the academic, social-emotional, mental, behav25 ioral, and physical health needs of students who 


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1 have been disproportionately affected by 

2 COVID–19 and school closures, including stu3 dents from low-income families, children with 

4 disabilities, English learners, students of color, 

5 students experiencing homelessness, children 

6 and youth in foster care, migrant children, and 

7 students involved with the juvenile justice sys8 tem; and 

9 (D) how the grant funds were supple10 mented with State and local funds targeted to 

11 disproportionately affected students as de12 scribed in subparagraph (B), including funds 

13 appropriated through State formula grants to 

14 local educational agencies. 

15 (2) REPORTS TO CONGRESS.—Beginning 1 year 

16 after the first grants are awarded under this section, 

17 and annually thereafter, the Secretary shall submit 

18 and digitally publish a report to Congress detail19 ing— 

20 (A) the basis on which grants were award21 ed; 

22 (B) eligible entities that received grants 

23 and amount of funding received by each grant24 ee; 


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1 (C) the proposed and actual uses of funds, 

2 including a description of how much funding 

3 supported which evidence-based interventions; 

4 (D) available outcomes related to student 

5 learning and social-emotional, mental, behav6 ioral, and physical health, disaggregated by the 

7 specific groups identified in section 

8 1111(b)(2)(B)(xi) of the Elementary and Sec9 ondary Education Act of 1965 (20 U.S.C. 

10 6311(b)(2)(B)(xi)), in a manner that protects 

11 personally identifiable information; and 

12 (E) the technical assistance activities of 

13 the Department of Education and costs of these 

14 activities, dissemination costs, and costs of 

15 other activities supported by the set-aside for 

16 the Department of Education. 

17 (k) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated to carry out this sec19 tion— 

20 (1) $15,000,000,000 for each of the fiscal years 

21 2021 through 2023; 

22 (2) $10,000,000,000 for each of the fiscal years 

23 2024 through 2027; and 


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1 (3) $5,000,000,000 for each of the fiscal years 

2 2028 through 2030. 

Æ 


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