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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4831 Introduced in Senate (IS)]

<DOC>

116th CONGRESS
  2d Session
                                S. 4831

   To provide resources for States, State educational agencies, local 
educational agencies, educators, school leaders, and others to measure 
  and address instructional loss in students in kindergarten through 
                               grade 12.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

             October 21 (legislative day, October 19), 2020

Ms. Hirono (for herself, Mr. Booker, Mr. Van Hollen, Mr. Casey, and Ms. 
   Baldwin) introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL

 
   To provide resources for States, State educational agencies, local 
educational agencies, educators, school leaders, and others to measure 
  and address instructional loss in students in kindergarten through 
                               grade 12.

    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 ``Learning Opportunity and Achievement 
Act''.

SEC. 2. PURPOSE.

    It is the purpose of this Act to provide resources for States, 
State educational agencies, local educational agencies, educators, 
school leaders, and others to measure and address instructional loss in 
students in kindergarten through grade 12.

SEC. 3. FINDINGS.

    Congress finds the following:
            (1) Children in every State were affected by school 
        closures during the 2019-2020 school year, which resulted in 
        fewer instructional days for the Nation's 56,400,000 students 
        in Kindergarten through grade 12, and caused instructional loss 
        for these students.
            (2) Instructional loss for certain students, including 
        Black and Hispanic students, low-income students, children with 
        disabilities, English learners, Native students, migratory 
        students, students experiencing homelessness, children and 
        youth in foster care, and others, could be especially severe, 
        compounding existing opportunity and achievement gaps.
            (3) Instructional loss for students who lack access to 
        broadband connectivity and mobile devices, or who otherwise 
        lack access to high-quality remote learning, remote 
        instruction, and conducive learning environments, could also be 
        severe.
            (4) Before the coronavirus pandemic, opportunity and 
        achievement gaps between Black and Hispanic students and White 
        students deprived the economy of the United States of between 
        $310,000,000,000 and $525,000,000,000 per year in productivity, 
        equivalent to 2 percent to 4 percent of gross domestic product. 
        Furthermore, achievement gaps between low-income students and 
        high-income students deprived the United States economy of 
        between $400,000,000,000 and $670,000,000,000 per year in 
        productivity, equivalent to 3 percent to 5 percent of gross 
        domestic product.
            (5) Preliminary estimates indicate students will return for 
        the 2020-2021 school year with roughly 70 percent of learning 
        gains in reading relative to a typical school year, and, in 
        some grades, with less than 50 percent of learning gains in 
        mathematics, nearly a full year behind where they would have 
        been under normal circumstances.
            (6) The average instructional loss due to recent school 
        closures could be 7 months for all students, 10.3 months for 
        Black students, 9.2 months for Hispanic students, and more than 
        a year for low-income students.
            (7) Students in Kindergarten through grade 12 in the United 
        States could lose between $61,000 and $82,000 in lifetime 
        earnings solely due to coronavirus-related instructional loss.
            (8) Coronavirus-related instructional loss could result in 
        reduced annual earnings for White students ($1,348 per year), 
        but even further reduced earnings for Black students ($2,186 
        per year) and Hispanic students ($1,809 per year), resulting in 
        $98,800,000,000 in reduced earnings per year.
            (9) Instructional loss caused by school closures and 
        disruptions in learning could further compound learning, 
        achievement, and opportunity gaps, reduce lifetime earnings, 
        and harm competitiveness between the United States and other 
        countries that mitigated the pandemic.
            (10) The pandemic has created new challenges for education, 
        but educators have performed admirably and adjusted accordingly 
        to educate students. However, more resources are needed to make 
        sure the Nation's 3,700,000 educators have the necessary tools 
        to address instructional loss in students, especially at-risk 
        or marginalized students.
            (11) Specifically, more resources are needed to support 
        evidence-based approaches to professional development that will 
        help educators in their efforts to more effectively use 
        technology, address equity gaps in learning, and provide 
        personalized instruction within continually changing learning 
        environments.
            (12) Research has shown that, among other things, effective 
        professional development for educators should be collaborative, 
        job-embedded, content-based, and sustained.
            (13) Research has also shown that effective professional 
        development for educators should be intensive, provide 
        opportunities for coaching and expert support, and offer 
        opportunities for feedback.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) ESEA definitions.--The terms ``Department'', 
        ``elementary school'', ``evidence-based'', ``institution of 
        higher education'', ``local educational agency'', ``outlying 
        area'', ``paraprofessional'', ``professional development'', 
        ``school leader'', ``secondary school'', ``Secretary'', 
        ``State'', and ``State educational agency'' have the meanings 
        given those terms in section 8101 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7801).
            (2) Alaska native and alaska native organization.--The 
        terms ``Alaska Native'' and ``Alaska Native organization'' have 
        the meanings given those terms in section 6306 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7546).
            (3) At-risk or marginalized students.--The term ``at-risk 
        or marginalized students'' means students in elementary or 
        secondary school who are--
                    (A) low-income students;
                    (B) minority students;
                    (C) children with disabilities;
                    (D) English learners;
                    (E) migratory students;
                    (F) homeless children and youth; or
                    (G) children or youth in foster care.
            (4) Child with a disability.--The term ``child with a 
        disability'' has the meaning given that term in section 602 of 
        the Individuals with Disabilities Education Act (20 U.S.C. 
        1401).
            (5) Community-based organization.--The term ``community-
        based organization'' means a public or private nonprofit 
        organization with demonstrated effectiveness that--
                    (A) is representative of a community or significant 
                segments of a community; and
                    (B) provides educational or related services to 
                individuals in the community.
            (6) Distance learning.--The term ``distance learning'' 
        means the transmission of educational or instructional 
        programming to geographically dispersed individuals and groups 
        via telecommunications or physical materials that is aligned to 
        the requirements of the Elementary and Secondary Education Act 
        of 1965 (20 U.S.C. 6301 et seq.).
            (7) English learner.--The term ``English learner'' has the 
        meaning given that term in section 8101 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7801).
            (8) Homeless children and youth.--The term ``homeless 
        children and youth'' has the meaning given the term ``homeless 
        children or youths'' in section 725 of the McKinney-Vento 
        Homeless Assistance Act (42 U.S.C. 11434a).
            (9) Hybrid learning.--The term ``hybrid learning'' means 
        any combination of distance and in-person learning where 
        distance learning represents a substantial component of the 
        instructional model.
            (10) Migratory child.--The term ``migratory child'' means a 
        child or youth who made a qualifying move (as defined in 
        section 1309 of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 6399) in the preceding 36 months--
                    (A) as a migratory agricultural worker or a 
                migratory fisher (as those terms are defined in such 
                section); or
                    (B) with, or to join, a parent or spouse who is a 
                migratory agricultural worker or a migratory fisher (as 
                those terms are defined in such section).
            (11) Native hawaiian, native hawaiian community-based 
        organization and native hawaiian educational organization.--The 
        terms ``Native Hawaiian'', ``Native Hawaiian community-based 
        organization'' and ``Native Hawaiian educational organization'' 
        have the meanings given those terms in section 6207 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7517).
            (12) Native students.--The term ``Native students'' means 
        students in elementary or secondary school who are American 
        Indian, Alaska Native, or Native Hawaiian.
            (13) Poverty line.--The term ``poverty line'' means the 
        poverty line (as defined by the Office of Management and Budget 
        and revised annually in accordance with section 673(2) of the 
        Community Services Block Grant Act) applicable to a family of 
        the size involved.

SEC. 5. PROFESSIONAL DEVELOPMENT TO ADDRESS INSTRUCTIONAL LOSS IN 
              STUDENTS.

    (a) In General.--There are authorized to be appropriated, and there 
are appropriated, out of any amounts in the Treasury not otherwise 
appropriated, $2,250,000,000 to carry out part A of title II of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6611 et seq.) 
for fiscal year 2022, of which, not less than 10 percent shall be used 
for activities under that part for school leaders (as such term is 
defined in that Act).
    (b) Emergency Designation.--
            (1) In general.--The amounts provided by this section are 
        designated as an emergency requirement pursuant to section 4(g) 
        of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)).
            (2) Designation in senate.--In the Senate, this section is 
        designated as an emergency requirement pursuant to section 
        4112(a) of H. Con. Res. 71 (115th Congress), the concurrent 
        resolution on the budget for fiscal year 2018.

SEC. 6. PROFESSIONAL DEVELOPMENT GRANTS.

    (a) Grants Authorized.--From amounts made available under 
subsection (d), the Secretary shall award grants, on a competitive 
basis, to States to enable States to provide funds to local educational 
agencies for supplemental professional development opportunities for 
educators, paraprofessionals, specialized instructional support 
personnel, and school leaders regarding how to effectively deliver 
distance learning and hybrid learning models.
    (b) Application.--Not later than 30 days after the date of 
enactment of this Act, the Secretary shall request applications for 
grants under this section. Each State desiring a grant under this 
section shall submit an application to the Secretary at such time, in 
such manner, and containing such information as the Secretary may 
reasonably require, including--
            (1) a plan to ensure that local educational agencies use 
        evidence-based approaches to professional development, and 
        approaches that are collaborative, job-embedded, content-based, 
        and sustained in duration;
            (2) a description of how the local educational agencies in 
        the State provide evidence-based professional development, at 
        the time the application is submitted; and
            (3) a description of how the State will ensure that local 
        educational agencies use grant funds to provide evidence-based 
        professional development--
                    (A) focused on distance learning and hybrid 
                learning;
                    (B) that supports at-risk and marginalized 
                students, including low-income students, minority 
                students, children with disabilities, English learners, 
                migratory students, homeless children and youth, and 
                children or youth in foster care; and
                    (C) that is collaborative, job-embedded, content-
                based, and sustained in duration.
    (c) Uses of Funds.--
            (1) In general.--A State receiving a grant under this 
        section shall use grant funds to provide funds to local 
        educational agencies for supplemental professional development 
        opportunities for educators, paraprofessionals, specialized 
        instructional support personnel, and school leaders regarding 
        how to effectively deliver distance learning and hybrid 
        learning models.
            (2) Administrative costs.--A State may reserve not more 
        than 10 percent of grant funds for administrative costs.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $50,000,000.

SEC. 7. TRAINING RESOURCE GRANTS.

    (a) Grants Authorized.--From amounts made available under 
subsection (e), the Secretary shall award grants, on a competitive 
basis, to eligible entities to enable those eligible entities to 
develop training resources for educators, paraprofessionals, 
specialized instructional support personnel, and school leaders, 
including online training resources.
    (b) Eligible Entity.--In this section, the term ``eligible entity'' 
means--
            (1) a State educational agency;
            (2) a local educational agency; or
            (3) an entity described in paragraph (1) or (2) in 
        partnership with one or more of the following:
                    (A) A public elementary school or secondary school.
                    (B) A nonprofit institution of higher education.
                    (C) A national nonprofit organization with 
                experience researching, evaluating, and providing 
                information and guidance, including best practices, on 
                professional development or training programs or 
                professional enhancement activities, which may include 
                activities that lead to an advanced credential, for 
                educators, paraprofessionals, specialized instructional 
                support personnel, or school leaders.
                    (D) An Alaska Native organization.
                    (E) A Native Hawaiian community-based organization 
                or Native Hawaiian educational organization.
                    (F) A community-based nonprofit organization.
    (c) Application; Priority.--
            (1) Application.--Not later than 30 days after the date of 
        enactment of this Act, the Secretary shall request applications 
        for grants under this section. Each eligible entity desiring a 
        grant under this section shall submit an application to the 
        Secretary at such time, in such manner, and containing such 
        information as the Secretary may reasonably require, 
        including--
                    (A) a plan to develop evidence-based training 
                resources;
                    (B) a description of the eligible entity's 
                experience creating evidence-based training resources; 
                and
                    (C) a description of how the eligible entity will 
                use grant funds to create evidence-based training 
                resources--
                            (i) focused on distance learning and hybrid 
                        learning;
                            (ii) that support at-risk and marginalized 
                        students, including low-income students, 
                        minority students, children with disabilities, 
                        English learners, migratory students, homeless 
                        children and youth, and children or youth in 
                        foster care; and
                            (iii) that support approaches to 
                        professional development that are 
                        collaborative, job-embedded, content-based, and 
                        sustained in duration.
            (2) Priority.--In awarding grants under this section, the 
        Secretary shall give priority to eligible entities--
                    (A) that serve a high rate of students who are from 
                families at or below the poverty line; or
                    (B) that serve a population with a high rate of 
                COVID-19 infection.
    (d) Uses of Funds.--
            (1) In general.--An eligible entity receiving a grant under 
        this section shall use grant funds to develop evidence-based 
        training resources for educators, paraprofessionals, 
        specialized instructional support personnel, and school 
        leaders, including online training resources.
            (2) Administrative costs.--An eligible entity receiving a 
        grant under this section may reserve not more than 5 percent of 
        grant funds for administrative costs.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $100,000,000.

SEC. 8. STUDENT SUPPORT GRANTS.

    (a) Grants Authorized.--From amounts made available under 
subsection (e), the Secretary shall award grants, on a competitive 
basis, to eligible entities to enable those eligible entities to 
provide evidence-based tutoring services and related academic supports 
for at-risk or marginalized students, including low-income students, 
minority students, children with disabilities, English learners, 
migratory students, homeless children and youth, and children or youth 
in foster care, and Native students.
    (b) Eligible Entity.--In this section, the term ``eligible entity'' 
means--
            (1) a State educational agency;
            (2) a local educational agency; or
            (3) an entity described in paragraphs (1) or (2) in 
        partnership with one or more of the following:
                    (A) A public elementary school or secondary school.
                    (B) A nonprofit institution of higher education.
                    (C) A national nonprofit organization with 
                experience researching, evaluating, and providing 
                information and guidance, including best practices, on 
                evidence-based professional development or training 
                programs or professional enhancement activities, which 
                may include activities that lead to an advanced 
                credential, for educators, paraprofessionals, 
                specialized instructional support personnel, or school 
                leaders.
                    (D) An Alaska Native organization.
                    (E) A Native Hawaiian community-based organization 
                or Native Hawaiian educational organization.
                    (F) A community-based nonprofit organization.
    (c) Application.--Not later than 30 days after the date of 
enactment of this Act, the Secretary shall request applications for 
grants under this section. Each eligible entity desiring a grant under 
this section shall submit an application to the Secretary at such time, 
in such manner, and containing such information as the Secretary may 
reasonably require, including--
            (1) a description of the eligible entity's experience 
        providing evidence-based tutoring services or related academic 
        supports; and
            (2) a description of how the eligible entity will use grant 
        funds to provide evidence-based tutoring services or related 
        academic supports--
                    (A) focused on addressing instructional loss due to 
                COVID-19; and
                    (B) that support at-risk and marginalized students, 
                including low-income students, minority students, 
                children with disabilities, English learners, migratory 
                students, homeless children and youth, and children or 
                youth in foster care, and Native students.
    (d) Uses of Funds.--
            (1) In general.--An eligible entity receiving a grant under 
        this section shall use grant funds to provide evidence-based 
        tutoring services and related academic supports for at-risk or 
        marginalized students, including low-income students, minority 
        students, children with disabilities, English learners, 
        migratory students, homeless children and youth, and children 
        or youth in foster care, and Native students.
            (2) Administrative costs.--An eligible entity receiving a 
        grant under this section may reserve not more than 10 percent 
        of grant funds for administrative costs.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $50,000,000.

SEC. 9. INNOVATION GRANTS.

    (a) Grants Authorized.--From amounts made available under 
subsection (d), the Secretary shall award grants, on a competitive 
basis, to local educational agencies to enable those local educational 
agencies to carry out the activities described in subsection (c).
    (b) Application.--Not later than 30 days after the date of 
enactment of this Act, the Secretary shall request applications for 
grants under this section. Each local educational agency desiring a 
grant under this section shall submit an application to the Secretary 
at such time, in such manner, and containing such information as the 
Secretary may reasonably require, including a description of how the 
local educational agency will use grant funds to--
            (1) support evidence-based approaches to addressing 
        instructional loss due to COVID-19; and
            (2) support evidence-based approaches to addressing 
        instructional loss due to COVID-19 in at-risk and marginalized 
        students, including low-income students, minority students, 
        children with disabilities, English learners, migratory 
        students, homeless children and youth, and children or youth in 
        foster care.
    (c) Uses of Funds.--
            (1) In general.--A local educational agency receiving a 
        grant under this section shall use grant funds (in an amount of 
        not more than $50,000 each)--
                    (A) to purchase evidence-based training resources 
                for educators, paraprofessionals, specialized 
                instructional support personnel, and school leaders;
                    (B) to develop evidence-based training resources 
                for educators, paraprofessionals, specialized 
                instructional support personnel, and school leaders; or
                    (C) to propose innovative, evidence-based projects 
                to improve distance learning and hybrid learning for 
                students.
            (2) Priority.--In awarding grants under this section, the 
        Secretary shall give priority to local educational agencies--
                    (A) that serve a high percentage of at-risk or 
                marginalized students, including low-income students, 
                minority students, children with disabilities, English 
                learners, migratory students, homeless children and 
                youth, or children or youth in foster care, or Native 
                students; or
                    (B) who plan to engage in projects that address 
                instructional loss for at-risk or marginalized 
                students, including low-income students, minority 
                students, children with disabilities, English learners, 
                migratory students, homeless children and youth, and 
                children or youth in foster care, and Native students.
            (3) Administrative costs.--A local educational agency 
        receiving a grant under this section may reserve not more than 
        5 percent of grant funds for administrative costs.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $25,000,000.

SEC. 10. LEARNING HUBS.

    (a) Definitions.--In this section:
            (1) Eligible school.--The term ``eligible school'' means a 
        public elementary or secondary school--
                    (A) with respect to which not less than 40 percent 
                of students enrolled are children counted under section 
                1124(c) of the Elementary and Secondary Education Act 
                of 1965 (20 U.S.C. 6333(c)); and
                    (B) that is in compliance with the requirements of 
                the Americans with Disabilities Act of 1990 (42 U.S.C. 
                12101 et seq.).
            (2) Learning hub.--The term ``learning hub'' means a 
        supervised, on-campus learning environment where students, 
        during times of physical school closure, have access to 
        broadband connectivity (such as Wi-Fi), laptop computers, 
        assistive technology devices, and other devices necessary for 
        distance learning, school supplies, and technology and digital 
        support services.
    (b) Program Authorized.--From amounts made available under 
subsection (f), the Secretary shall award grants, on a competitive 
basis, to local educational agencies to enable those local educational 
agencies to carry out the activities described in subsection (d) at 
eligible schools.
    (c) Application.--
            (1) In general.--Not later than 30 days after the date of 
        enactment of this Act, the Secretary shall request applications 
        for grants under this section. Each local educational agency 
        desiring a grant under this section shall submit an application 
        to the Secretary at such time, in such manner, and containing 
        such information as the Secretary may reasonably require, 
        including, at a minimum--
                    (A) an assurance that the local educational agency 
                has developed a high-quality distance learning 
                curriculum for students in the learning hubs; and
                    (B) an assurance that learning hubs will be 
                required to meet Federal, State, Tribal, and local 
                public health and safety guidelines, as applicable.
            (2) Priority.--In providing funds under this section, the 
        Secretary shall give priority to local educational agencies 
        that--
                    (A) plan to serve a high percentage of at-risk or 
                marginalized students, including--
                            (i) low-income students, minority students, 
                        children with disabilities, English learners, 
                        migratory students, homeless children and 
                        youth, and children or youth in foster care;
                            (ii) Native students; or
                            (iii) students who lack internet and device 
                        access; and
                    (B) have adopted high-quality distance learning 
                models.
    (d) Uses of Funds.--A local educational agency receiving a grant 
under this section shall use grant funds to pay expenses related to the 
administration of learning hubs at eligible schools, including--
            (1) the cost of paying instructors who are educators, 
        paraprofessionals, or specialized instructional support 
        personnel who are employed by the local educational agency or 
        eligible school receiving grant funds; or
            (2) the cost of broadband connectivity, laptop computers 
        and other devices necessary for distance learning, school 
        supplies, and technology and digital support services.
    (e) Report.--Not later than 180 days after receiving a grant under 
this section, a local educational agency receiving a grant under this 
section shall submit a report to the Secretary containing information 
about the effectiveness of learning hubs at eligible schools that are 
supported with funds under the grant, including the number of students 
served.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $25,000,000.

SEC. 11. BEST PRACTICES.

    (a) Best Practices.--The Secretary, acting through the Director of 
the Institute of Education Sciences, shall identify information about 
best practices for schools to measure and address instructional loss 
during the period of the public health emergency declared by the 
Secretary of Health and Human Services under section 319 of the Public 
Health Service Act (42 U.S.C. 247d) with respect to COVID-19, 
especially for at-risk or marginalized students, including low-income 
students, minority students, children with disabilities, English 
learners, migratory students, homeless children and youth, and children 
or youth in foster care, and Native students.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall--
            (1) prepare and submit a report to Congress containing the 
        information about best practices identified under subsection 
        (a);
            (2) widely disseminate such information to States; and
            (3) make such information available on the Department's 
        website.

SEC. 12. STUDY ON INSTRUCTIONAL LOSS.

     Not later than 1 year after the date of enactment of this Act, the 
Secretary, acting through the Director of the Institute of Education 
Sciences, shall--
            (1) carry out a study to determine instructional loss in 
        at-risk or marginalized students, including low-income 
        students, minority students, children with disabilities, 
        English learners, migratory students, homeless children and 
        youth, and children or youth in foster care, during the period 
        of the public health emergency declared by the Secretary of 
        Health and Human Services under section 319 of the Public 
        Health Service Act (42 U.S.C. 247d) with respect to COVID-19; 
        and
            (2) prepare and submit a report to Congress containing the 
        results of that study.
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