II 

116TH CONGRESS 

2D SESSION S. 4917 

To amend the CARES Act to support States and local educational agencies 

in responding to the COVID–19 pandemic so that all students, especially 

historically underserved students, are provided with a safe, healthy, equitable, and excellent education. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 18, 2020 

Mr. BOOKER introduced the following bill; which was read twice and referred 

to the Committee on Health, Education, Labor, and Pensions 

A BILL 

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

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 ‘‘Educator Jobs Fund 

5 Act of 2020’’. 


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1 SEC. 2. PURPOSE. 

2 The purpose of this Act is to support States and local 

3 educational agencies in responding to the COVID–19 pan4 demic so that all students, especially historically under5 served students, are provided with a safe, healthy, equi6 table, and excellent education by— 

7 (1) providing funding to ensure students do not 

8 lose access to high-quality educators due to State 

9 and local budget cuts; 

10 (2) investing in educator pipelines to ensure 

11 students’ access to a well-prepared and diverse edu12 cator workforce is not affected by the COVID–19 

13 pandemic; 

14 (3) putting in place fiscal equity measures so 

15 students of color, students from families experi16 encing low incomes, and other historically under17 served students do not bare the budgetary brunt of 

18 the COVID–19 pandemic; and 

19 (4) ensuring that schools are equipped with the 

20 personal protective equipment necessary to keep stu21 dents, teachers, principals, other support staff, and 

22 families safe. 

23 SEC. 3. FINDINGS. 

24 Congress finds the following: 

25 (1) Prior to the COVID–19 pandemic, the 

26 United States was already experiencing a shortage 


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1 of more than 100,000 qualified teachers. Likewise, 

2 prior to the pandemic, public employment in elemen3 tary schools and secondary schools had yet to re4 cover the level it had reached prior to the losses of 

5 the Great Recession. 

6 (2) According to the Economic Policy Institute, 

7 more K–12 public education jobs were lost in April 

8 than in all of the Great Recession—a loss of 

9 468,800 jobs in public school employment alone. 

10 Half of these losses were among special education 

11 teachers, tutors, and teaching assistants. Losses 

12 were also significant among counselors, nurses, 

13 custodians, and other building maintenance staff. 

14 (3) An analysis from the Learning Policy Insti15 tute found that if there is a 20-percent reduction in 

16 State contributions to education funding, this could 

17 result in the loss of nearly 460,000 teaching posi18 tions nationwide, or over 12 percent of the public 

19 school teaching workforce. This is a more significant 

20 downsizing than witnessed during the Great Reces21 sion, when significant Federal investment of about 

22 $110,000,000,000, including an Educator Job Fund, 

23 helped save 288,000 and 134,000 education jobs at 

24 different points in time. 


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1 (4) Teachers of color face unique barriers to en2 tering and staying in the profession. For example, 

3 teachers of color are more likely to enter teaching 

4 through less comprehensive pathways due to the 

5 high cost of traditional teacher preparation pro6 grams and the debt burden faced by college students 

7 of color. Lower quality pathways can result in less 

8 effective teaching and high turnover rates. Research 

9 shows that candidates who receive comprehensive 

10 preparation are 2 to 3 times more likely to stay in 

11 teaching than those who receive little training. In 

12 many cases, however, teachers of color are more like13 ly to begin teaching without having completed com14 prehensive preparation and enter instead through 

15 routes that include minimal or no student teaching 

16 or integration of key coursework, leaving teachers to 

17 learn on the job. 

18 (5) Before the COVID–19 pandemic, enroll19 ments in teacher preparation programs had been on 

20 a steady decline for years, dropping 39 percent for 

21 undergraduate and post-baccalaureate programs be22 tween 2010 and 2017—resulting in over 277,000 

23 fewer professionals working their way toward the 

24 classroom. The economic impact of COVID–19 

25 threatens to put the ability to afford high-quality 


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1 teacher preparation further out of reach for prospec2 tive teacher of color who already faced higher afford3 ability barriers prior to the pandemic than their 

4 white counterparts. Similarly, institutions of higher 

5 education—including under resourced Historically 

6 Black Colleges and Universities (HBCUs) and Mi7 nority Serving Institutions (MSIs) of higher edu8 cation—are under fiscal strain. Both phenomena 

9 threaten to further hinder students—especially his10 torically underserved students—access to a well-pre11 pared and diverse educator workforce. 

12 (6) Historically Black Colleges and Universities 

13 (HBCUs) and Minority Serving Institutions (MSIs) 

14 of higher education have an outsized role in pre15 paring teachers of color. For example, despite the 

16 fact that only 14.2 percent of all public school teach17 ers earned their bachelor’s degrees from MSIs, near18 ly 40 percent of all Black teachers in the Nation 

19 earned their bachelor’s degree at an MSI. Nearly 

20 half of all Latino teachers with bachelor’s degrees 

21 earned them at MSIs. Further, roughly 25 percent 

22 of Asian Americans and Native Americans with BAs 

23 in teaching earned them at MSIs, while almost a 

24 third of Pacific Islanders with BAs earned their de25 grees at an MSI. 


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1 (7) Teacher residency programs like those sup2 ported by the Teacher Quality Partnership Grant 

3 Program, are a high-quality and diverse teacher 

4 preparation pathway into teaching. Nationally, about 

5 49 percent of residents are people of color. That is 

6 the similar to the proportion of public school stu7 dents of color and far more than the 20 percent of 

8 teachers who are people of color nationally. 

9 (8) Furthermore, prior to the COVID–19 pan10 demic, principal turnover was also a significant 

11 issue. Research from the Learning Policy Institute 

12 and National Association of Secondary School Prin13 cipals found that 35 percent of principals leave their 

14 schools within 2 years and that approximately 18 

15 percent of principals were no longer in the same po16 sition one year later. In underserved schools and 

17 areas, this turnover rate was even higher at 21 per18 cent. Additionally, a recent poll of principals found 

19 that 45 percent are planning to move up their plans 

20 to leave the profession due to the conditions 

21 spawned by the COVID–19 pandemic. 

22 (9) Reducing principal turnover also has a sig23 nificant impact on student performance and teacher 

24 retention. Principals are the second most important 

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1 ment. Studies have also show that teachers cite prin2 cipal support as one of the most important in their 

3 decision to remain in a school or the profession. 

4 (10) Without sufficient Federal support to 

5 States, local educational agencies, and teacher and 

6 principal preparation programs at institutions of 

7 higher education, educator layoffs and shortages will 

8 be exacerbated by the economic crisis caused by the 

9 COVID–19 pandemic and historically underserved 

10 students, including students of color and students 

11 from families experiencing low incomes, will bear the 

12 brunt of these layoffs and shortages. 

13 (11) Data consistently show the dispropor14 tionate impact of COVID–19 on people of color and 

15 communities of concentrated poverty. Further, dec16 ades of data show that students of color, students 

17 from low-income families, and English language 

18 learners, as well as those with special needs, who are 

19 experiencing homelessness, who are in foster care, 

20 who are involved with the juvenile justice system, 

21 and whose families are engaged in seasonal work, 

22 have long been underserved by the current education 

23 system. 

24 (12) Federal relief aid should be contingent on 

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1 dents most heavily impacted by COVID–19 and stu2 dents historically underserved in education in the 

3 United States from having to bear the brunt of 

4 shortfalls in school funding and other impacts of the 

5 virus on schools. 

6 (13) Countries that have physically reopened 

7 schools successfully—and only once infection rates 

8 were under control—have provided schools with the 

9 resources necessary, such as personal protective 

10 equipment, to continue education and keep children 

11 and staff safe. 

12 SEC. 4. EDUCATOR JOB FUND. 

13 (a) IN GENERAL.— 

14 (1) AUTHORIZATION.—The Secretary shall 

15 award grants to States, to remain available until the 

16 later of— 

17 (A) August 15, 2027; or 

18 (B) the date on which each State average 

19 rate of total unemployment in the Nation (sea20 sonally adjusted) is such that for the period 

21 consisting of the most recent 3 months for 

22 which data for all States are published before 

23 the close of such week equals or is less than 5.5 

24 percent. 


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1 (2) ALLOCATION TO OUTLYING AREAS AND BU2 REAU OF INDIAN EDUCATION.— 

3 (A) RESERVATION.—From the amount 

4 made available under subsection (j)(1) for a fis5 cal year, the Secretary shall reserve— 

(i) an amount equal to 1 6 ⁄2 of 1 percent 

7 for allocations to the outlying areas in ac8 cordance with subparagraph (B); and 

(ii) an amount equal to 1 9 ⁄2 of 1 per10 cent for allocations to programs operated 

11 or funded by the Bureau of Indian Edu12 cation in accordance with subparagraph 

13 (C). 

14 (B) OUTLYING AREAS.—From the amount 

15 made available under subparagraph (A)(i) for a 

16 fiscal year, the Secretary shall allocate to each 

17 outlying area a grant that bears the same pro18 portion to such amount as the amount the out19 lying area received under part A of title I of the 

20 Elementary and Secondary Education Act of 

21 1965 (20 U.S.C. 6311 et seq.) for the pre22 ceding fiscal year bears to the amount all out23 lying areas received under such part for such 

24 preceding fiscal year. 


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1 (C) PROGRAMS OPERATED OR FUNDED BY

2 THE BUREAU OF INDIAN EDUCATION.—From 

3 the amount made available under subparagraph 

4 (A)(ii) for a fiscal year, the Secretary shall, in 

5 consultation with the Secretary of the Interior, 

6 allocate to each program operated or funded by 

7 the Bureau of Indian Education a grant that 

8 bears the same proportion to such amount as 

9 the amount the program operated or funded by 

10 the Bureau of Indian Education received under 

11 part A of title I of the Elementary and Sec12 ondary Education Act of 1965 (20 U.S.C. 6311 

13 et seq.) for the preceding fiscal year bears to 

14 the amount all programs operated or funded by 

15 the Bureau of Indian Education received under 

16 such part for such preceding fiscal year. 

17 (3) DEFINITIONS.—In this section: 

18 (A) ELIGIBLE STATE.—The term ‘‘eligible 

19 State’’ means a State where the average rate of 

20 total unemployment in such State (seasonally 

21 adjusted) for the period consisting of the most 

22 recent 3 months for which data for all States 

23 are published before the close of such week 

24 equals or exceeds 5.5 percent. 


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1 (B) ELIGIBLE APPLICATION.—The term 

2 ‘‘eligible application’’ means an application sub3 mitted by an eligible State not more than once 

4 per a State fiscal year. 

5 (C) OUTLYING AREA.—The term ‘‘outlying 

6 area’’ means American Samoa, the Common7 wealth of the Northern Mariana Islands, Guam, 

8 and the United States Virgin Islands. 

9 (D) QUALIFYING EMERGENCY.—The term 

10 ‘‘qualifying emergency’’ means— 

11 (i) a public health emergency related 

12 to the coronavirus declared by the Sec13 retary of Health and Human Services pur14 suant to section 319 of the Public Health 

15 Service Act (42 U.S.C. 247d); 

16 (ii) an event related to the coronavirus 

17 for which the President declared a major 

18 disaster or an emergency under section 

19 401 or 501, respectively, of the Robert T. 

20 Stafford Disaster Relief and Emergency 

21 Assistance Act (42 U.S.C. 5170 and 

22 5191); or 

23 (iii) a national emergency related to 

24 the coronavirus declared by the President 


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1 under section 201 of the National Emer2 gencies Act (50 U.S.C. 1601 et seq.). 

3 (E) SECRETARY.—The term ‘‘Secretary’’ 

4 means the Secretary of Education. 

5 (b) APPLICATION.—The Governor and chief State 

6 school officer of an eligible State seeking to receive a grant 

7 under this section shall submit an eligible application to 

8 the Secretary at such time, in such manner, and accom9 panied by such information as the Secretary may require, 

10 including assurances that the eligible State will meet the 

11 requirements provided under this section. The Secretary 

12 shall not require information in an eligible application be13 yond what is necessary to determine compliance with this 

14 section. 

15 (c) FISCAL AND EDUCATOR EQUITY ACCOUNT16 ABILITY.—The Secretary shall not award a grant to a 

17 State under this section unless the Governor and the chief 

18 State school officer of the State provide an assurance to 

19 the Secretary that— 

20 (1) the State educational agency will, with re21 spect to the school year applicable to the fiscal year 

22 for which the grant is received, provide support for 

23 public elementary and public secondary education in 

24 the State, including spending for the school year and 

25 capital spending, that bears the same proportion to 


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1 the overall State budget for such fiscal year as the 

2 average amount of such support for school years 

3 2017–2018 and 2018–2019 bears to the average 

4 overall State budget for the fiscal years applicable to 

5 such school years; 

6 (2) in the event of a precipitous decline in fi7 nancial resources due to a qualifying emergency 

8 where Federal resources were not sufficient to rem9 edy such a decline and the State cannot maintain 

10 the same level of fiscal efforts as described in para11 graph (1), the Governor and chief State school offi12 cer shall— 

13 (A) prioritize staffing stability in high-pov14 erty local educational agencies; and 

15 (B) ensure that if reductions in educator 

16 and support staff or implementation of a hiring 

17 freeze must occur, any reductions or hiring 

18 freezes in educator and support staffing shall 

19 occur in an equitable manner that at a min20 imum does not disproportionately impact high21 poverty schools; 

22 (3) grant funds received under this section shall 

23 be used so to supplement the level of Federal, State, 

24 and local public funds that, in the absence of such 


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1 availability, would have been used to support elemen2 tary and secondary education in the State; and 

3 (4) the State will take action to ensure that 

4 low-income students and students of color enrolled 

5 in schools assisted under this section are not served 

6 at disproportionate rates by ineffective, out-of-field, 

7 or inexperienced teachers or principals, as described 

8 in section 1111(g)(1)(B) of the Elementary and Sec9 ondary Education Act of 1965 (20 U.S.C. 

10 6311(g)(1)(B)). 

11 (d) RESERVATION.—A State that receives a grant 

12 under this section may reserve— 

13 (1) not more than 2 percent of the grant funds 

14 for the administrative costs of carrying out its re15 sponsibilities under the grant; and 

16 (2) not more than 10 percent for statewide ac17 tivities described under subsection (e)(3)(B) that 

18 provide additional supports to high-poverty local 

19 educational agencies that the State determines were 

20 mostly heavily impacted by the COVID–19 pan21 demic. 

22 (e) SUBGRANTS TO LOCAL EDUCATIONAL AGEN23 CIES.— 

24 (1) IN GENERAL.—A State that receives a 

25 grant under this section shall use the grant funds 


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1 not reserved under subsection (d) to award sub2 grants, from allotments under paragraph (2), to 

3 local educational agencies (including charter schools 

4 that are local educational agencies) in the State. 

5 (2) FORMULA.—From the amount available to 

6 a State that receives a grant under this section and 

7 not reserved under subsection (d), each local edu8 cational agency and charter school that is not a local 

9 educational agency in the State shall receive an 

10 amount that bears the same relationship to such 

11 amount available and not reserved, as the amount 

12 such local educational agency or charter school re13 ceived under part A of title I of the Elementary and 

14 Secondary Education Act of 1965 (20 U.S.C. 6311 

15 et seq.) for the most recent fiscal year bears to the 

16 amount received by all local educational agencies 

17 and charter schools that are not local educational 

18 agencies in the State under such part for the most 

19 recent fiscal year. 

20 (3) REQUIREMENT TO USE FUNDS TO RETAIN

21 OR CREATE EDUCATION JOBS.—A local educational 

22 agency or charter school that receives a subgrant 

23 under this subsection— 

24 (A) shall reserve 5 percent of the subgrant 

25 funds to identify and address, as required 


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1 under section 1112(b)(2) of the Elementary 

2 and Secondary Education Act of 1965 (20 

3 U.S.C. 6312(b)(2)), any disparities that result 

4 in low-income students and minority students 

5 being taught at higher rates than other stu6 dents by ineffective, inexperienced, or out-of7 field teachers; 

8 (B) shall use 95 percent of the subgrant 

9 funds for compensation and benefits and other 

10 expenses, such as support services, necessary to 

11 retain existing employees, to recall or rehire 

12 former employees, and to hire new employees, 

13 in order to provide early childhood, elementary, 

14 or secondary educational and related services; 

15 (C) may not use subgrant funds for gen16 eral administrative expenses or for other sup17 port services expenditures, as those terms were 

18 defined by the National Center for Education 

19 Statistics in its Common Core of Data as of the 

20 date of enactment of this Act; and 

21 (D) shall provide an assurance that in the 

22 event of a precipitous decline in financial re23 sources due to a qualifying emergency where 

24 Federal and State resources were not sufficient 

25 to remedy such a decline that it— 


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1 (i) will prioritize staffing stability in 

2 high-poverty schools; and 

3 (ii) if it must makes reductions in ed4 ucator and support staff or implement a 

5 hiring freeze, any reductions or hiring 

6 freezes in educator and support staffing 

7 shall occur in an equitable manner. 

8 (f) PROHIBITION ON THE USE OF FUNDS FOR

9 RAINY-DAY FUNDS OR DEBT RETIREMENT.—A State 

10 that receives a grant under this section may not use such 

11 funds, directly or indirectly, to— 

12 (1) establish, restore, or supplement a rainy-day 

13 fund; 

14 (2) supplant State funds in a manner that has 

15 the effect of establishing, restoring, or supplement16 ing a rainy-day fund; 

17 (3) reduce or retire debt obligations incurred by 

18 the State; 

19 (4) supplant State funds in a manner that has 

20 the effect of reducing or retiring debt obligations in21 curred by the State; 

22 (5) meet the requirements under sections 1118 

23 and 8521 of the Elementary and Secondary Edu24 cation Act of 1965 (20 U.S.C. 6321, 7901); or 


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1 (6) provide increased salaries or bonuses related 

2 to on the job performance. 

3 (g) PROHIBITION.—A State educational agency and 

4 a local educational agency shall not use funds received 

5 under section 18010 of the CARES Act (Public Law 116– 

6 136)— 

7 (1) to meet the requirements under sections 

8 1118 and 8521 of the Elementary and Secondary 

9 Education Act of 1965; and 

10 (2) for any support of private schools, through 

11 employment, services, vouchers, tax-credit scholar12 ships, or savings accounts for students to attend pri13 vate elementary or secondary schools, or other 

14 means. 

15 (h) REPORTING.— 

16 (1) STATE.—Not later than 6 months after the 

17 disbursement of subgrants and annually for each 

18 subsequent year for which funds are made available 

19 under this section, a State that receives a grant 

20 under this section shall submit a report to the Sec21 retary that includes the following information: 

22 (A) The number and percentage of educa23 tor and other staff positions that are eliminated 

24 or left unfilled in the State (as reported on the 

25 annual report card under paragraph (1) or (2) 


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1 of section 1111(h) of the Elementary and Sec2 ondary Education Act of 1965 (20 U.S.C. 

3 6311(h))), included in the aggregate and 

4 disaggregated by the following: 

5 (i) High-poverty local educational 

6 agencies and schools compared to low-pov7 erty local educational agencies and schools. 

8 (ii) Local educational agencies and 

9 schools serving the highest number and 

10 percentage of minority children compared 

11 to local educational agencies and schools 

12 serving the fewest number and percentage 

13 of minority children. 

14 (B) The number and percentage of teach15 ing positions that are eliminated or left unfilled 

16 in the State (as reported on the annual report 

17 card under paragraph (1) or (2) of section 

18 1111(h) of the Elementary and Secondary Edu19 cation Act of 1965 (20 24 U.S.C. 6311(h))), in20 cluded in the aggregate and disaggregated by 

21 the following characteristics of the teacher who 

22 previously held the position: 

23 (i) Race and ethnicity. 

24 (ii) Certification status (full-certifi25 cation or provisional certification). 


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1 (iii) Teachers in the first 2 years of 

2 teaching. 

3 (iv) Teachers with three or more years 

4 of teaching experience. 

5 (v) If determined appropriate by the 

6 State educational agency, the most recent 

7 effectiveness rating with respect to such 

8 teacher. 

9 (C) The percentage of funds under this 

10 section reserved under subsection (d)(1) and 

11 how such funds were spent. 

12 (2) LOCAL EDUCATIONAL AGENCY REPORT13 ING.—A local educational agency or charter school 

14 that receives a subgrant under this subsection shall 

15 submit a report to the State educational agency not 

16 later than 90 days after the date the it receives the 

17 subgrant that includes the number of educator and 

18 school staff jobs that were saved or created with 

19 funds received under this section, including the fol20 lowing: 

21 (A) The overall number of such jobs. 

22 (B) With respect to a local educational 

23 agency, the number of such jobs in each school 

24 served by the local educational agency that 


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1 serves the greatest concentration in the agency 

2 of any of the following: 

3 (i) Students of color. 

4 (ii) Students from low-income back5 grounds. 

6 (iii) Children with disabilities. 

7 (iv) English learners. 

8 (v) Migrant children. 

9 (vi) Students experiencing homeless10 ness. 

11 (vii) Children and youth in foster 

12 care. 

13 (viii) Students involved with the juve14 nile justice system. 

15 (C) The number of such jobs disaggregated 

16 by race and ethnicity, cross-tabulated by gen17 der. 

18 (i) FINDINGS FROM THE EDUCATOR JOB FUND.— 

19 Not later than 12 months after the date of each round 

20 of grant making under this section, the Secretary shall 

21 provide a report to the Committee on Health, Education, 

22 Labor, and Pensions of the Senate, the Committee on Ap23 propriations of the Senate, the Committee on Education 

24 and Labor of the House of Representatives, and the Com25 mittee on Appropriations of the House of Representatives 


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1 summarizing the findings from the reports received under 

2 subsection (h). 

3 (j) AUTHORIZATION OF APPROPRIATIONS.— 

4 (1) IN GENERAL.—There are authorized to be 

5 appropriated to the Secretary to establish and imple6 ment an Educator Jobs Fund— 

7 (A) $56,600,000,000 for fiscal year 2021; 

8 (B) $52,400,000,000 for fiscal year 2022; 

9 (C) $34,300,000,000 for fiscal year 2023; 

10 (D) $26,100,000,000 for fiscal year 2024; 

11 (E) $17,700,000,000 for fiscal year 2025; 

12 (F) $14,400,000,000 for fiscal year 2026; 

13 (G) $14,600,000,000 for fiscal year 2027; 

14 (H) $14,800,000,000 for fiscal year 2028; 

15 (I) $15,000,000,000 for fiscal year 2029; 

16 and 

17 (J) $15,200,000,000 for fiscal year 2030. 

18 (2) RESERVATION FOR ADMINISTRATIVE EX19 PENSES.—Of the amounts made available for a fis20 cal year under paragraph (1), the Secretary may re21 serve not more than $1,000,000 for each such fiscal 

22 year for administration and oversight of this section. 

23 (3) ALLOCATION SCHEDULE.— 

24 (A) FIRST YEAR OF GRANTS.—Not later 

25 than 30 days after the date of enactment of 


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1 this Act, from the amounts first made available 

2 under paragraph (1), the Secretary shall award 

3 grants under this section. 

4 (B) SUBSEQUENT YEARS.—Not later than 

5 30 days after the first day of the first fiscal 

6 year that begins after the date of enactment of 

7 this Act and annually thereafter, from the 

8 amounts made available under paragraph (1), 

9 the Secretary shall award grants under this sec10 tion. 

11 SEC. 5. FISCAL ACCOUNTABILITY AND EDUCATION EQUITY. 

12 (a) NATIONAL EMERGENCY EDUCATIONAL WAIV13 ERS.—Section 3511(c)(3) of the CARES Act (Public Law 

14 116–136) is amended by adding at the end the following: 

15 ‘‘(C) RULE FOR MAINTENANCE OF EF16 FORT.—The Secretary shall not grant a waiver 

17 under subsection (b)(2)(B) unless the entity 

18 seeking the waiver provides at least the same 

19 percentage of total available revenue for ele20 mentary and secondary education for the fiscal 

21 year for which the waiver is requested as the 

22 percentage provided for such purpose for the 

23 preceding fiscal year.’’. 


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1 (b) MAINTENANCE OF EFFORT; SUPPLEMENT NOT

2 SUPPLANT.—Section 18008 of the CARES Act (Public 

3 Law 116–136) is amended to read as follows: 

4 ‘‘MAINTENANCE OF EFFORT; SUPPLEMENT NOT

5 SUPPLANT

6 ‘‘SEC. 18008. (a) MAINTENANCE OF EFFORT.—A 

7 State’s application for funds to carry out section 18002 

8 or 18003 shall include assurances that the State will— 

9 ‘‘(1) maintain support for elementary and sec10 ondary education in fiscal years 2020, 2021, and 

11 2022, at least at the levels of such State’s support 

12 for elementary and secondary education in fiscal 

13 year 2019 or fiscal year 2020, whichever is greater; 

14 and 

15 ‘‘(2) maintain support for higher education 

16 (which shall include State funding to institutions of 

17 higher education and State financial aid, and shall 

18 not include support for capital projects, research and 

19 development, or tuition and fees paid by students) in 

20 fiscal years 2020, 2021, and 2022, at least at the 

21 levels of such State’s support for higher education in 

22 fiscal year 2019 or fiscal year 2020, whichever is 

23 greater. 

24 ‘‘(b) SUPPLEMENT, NOT SUPPLANT.—Funds made 

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1 ment, and not supplant, non-Federal funds that would 

2 otherwise be used for activities authorized under this title. 

3 ‘‘(c) STATE AND LOCAL MAINTENANCE OF EQUITY

4 REQUIREMENTS.— 

5 ‘‘(1) STATE ASSURANCES.—In addition to the 

6 assurances provided under subsection (a), a State’s 

7 application for funds to carry out section 18002 or 

8 18003 shall include assurances that in the event of 

9 a precipitous decline in financial resources due to a 

10 qualifying emergency, as defined in section 

11 3502(a)(4), where Federal resources were not suffi12 cient to remedy such a decline and the State cannot 

13 maintain support for elementary and secondary edu14 cation in accordance with subsection (a), the State— 

15 ‘‘(A) will prioritize State funding support 

16 to high-poverty local educational agencies; 

17 ‘‘(B) if the State must make reductions in 

18 funding to all districts, will ensure that any re19 duction in State support for elementary and 

20 secondary education based on per-pupil funding 

21 will be greater in low-poverty local educational 

22 agencies than in high-poverty local educational 

23 agencies; 

24 ‘‘(C) will prioritize staffing stability in 

25 high-poverty local educational agencies; and 


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1 ‘‘(D) if it must makes reductions in educa2 tor and support staff or implement a hiring 

3 freeze, any reductions or hiring freezes in edu4 cator and support staffing will occur in an equi5 table manner that at a minimum does not dis6 proportionately impact high-poverty local edu7 cational agencies. 

8 ‘‘(2) ASSURANCES FROM LOCAL EDUCATIONAL

9 AGENCIES.—Upon receipt of funding from a State 

10 under this title, a local educational agency shall pro11 vide assurances to the State that in the event of a 

12 precipitous decline in financial resources due to a 

13 qualifying emergency, as defined in section 

14 3502(a)(4), where Federal and State resources were 

15 not sufficient to remedy such a decline that the local 

16 educational agency— 

17 ‘‘(A) will prioritize funding to high-poverty 

18 schools; 

19 ‘‘(B) if the agency must make reductions 

20 in funding to all schools served by the agency, 

21 will ensure that any reduction in agency edu22 cation funding based on per-pupil funding will 

23 be greater in low-poverty schools than in high24 poverty schools served by the agency; 


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1 ‘‘(C) will prioritize staffing stability in 

2 high-poverty schools; and 

3 ‘‘(D) if it must makes reductions in educa4 tor and support staff or implement a hiring 

5 freeze, any reductions or hiring freezes in edu6 cator and support staffing will occur in an equi7 table manner that at a minimum does not dis8 proportionately impact high-poverty schools.’’. 

9 (c) PROHIBITION.—Title VIII of division B of the 

10 CARES Act (Public Law 116–136) is amended by insert11 ing after section 18008 the following: 

12 ‘‘PROHIBITION ON USE OF FUNDS

13 ‘‘SEC. 18009. A State educational agency or local 

14 educational agency may not use any funds received under 

15 section 18002 or 18003 to meet the requirements with re16 spect to such agency under sections 1118 and 8521 of the 

17 Elementary and Secondary Education Act of 1965 (20 

18 U.S.C. 6321 and 7901). 

19 ‘‘REPORTING AND DISCLOSURE REQUIREMENTS

20 ‘‘SEC. 18010. (a) GOVERNOR’S EMERGENCY RELIEF

21 FUND REPORTS.— 

22 ‘‘(1) INITIAL REPORT.—Each Governor that re23 ceives a grant under section 18002(a) shall, not 

24 later than 90 days after the date of the disbursal of 

25 the Governor’s first grant under section 18002(b) if 

26 such first grant is made after the date of enactment 


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1 of the Educator Jobs Fund Act of 2020 or not later 

2 than 90 days after such date of enactment if such 

3 first grant was made before such date of enactment, 

4 submit a report to the Secretary that includes the 

5 following: 

6 ‘‘(A) The number of educator and school 

7 staff jobs that were saved or created with funds 

8 received under this title, including the following: 

9 ‘‘(i) The overall number of such jobs. 

10 ‘‘(ii) The number of such jobs in each 

11 local educational agency and school in the 

12 State that serves the greatest concentra13 tion in the State of any of the following: 

14 ‘‘(I) Students of color. 

15 ‘‘(II) Students from low-income 

16 backgrounds. 

17 ‘‘(III) Children with disabilities. 

18 ‘‘(IV) English learners. 

19 ‘‘(V) Migrant children. 

20 ‘‘(VI) Students experiencing 

21 homelessness. 

22 ‘‘(VII) Children and youth in fos23 ter care. 

24 ‘‘(VIII) Students involved with 

25 the juvenile justice system. 


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1 ‘‘(iii) The number of such jobs 

2 disaggregated by race and ethnicity, cross3 tabulated by gender. 

4 ‘‘(B) If educators and school staff jobs 

5 were eliminated or left unfilled, the number and 

6 percentage of educator and other school staff 

7 jobs that are both eliminated or left unfilled as 

8 follows: 

9 ‘‘(i) The overall number of such jobs. 

10 ‘‘(ii) The number of such jobs in each 

11 local educational agency and school in the 

12 State that serves the greatest concentra13 tion in the State of any of the following: 

14 ‘‘(I) Students of color. 

15 ‘‘(II) Students from low-income 

16 backgrounds. 

17 ‘‘(III) Children with disabilities. 

18 ‘‘(IV) English learners. 

19 ‘‘(V) Migrant children. 

20 ‘‘(VI) Students experiencing 

21 homelessness. 

22 ‘‘(VII) Children and youth in fos23 ter care. 

24 ‘‘(VIII) Students involved with 

25 the juvenile justice system. 


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1 ‘‘(iii) The number of such jobs 

2 disaggregated by race and ethnicity, cross3 tabulated by gender. 

4 ‘‘(2) QUARTERLY GOVERNOR’S EMERGENCY RE5 LIEF FUNDS REPORT.—Each Governor that receives 

6 a grant under section 18002(a) shall, following the 

7 submission of the report described in paragraph (1), 

8 submit to the Secretary a report that contains the 

9 information described in paragraph (1), once a quar10 ter until all funds allocated under section 18002 are 

11 expended. 

12 ‘‘(3) GRANTEE REPORTING.—Each grantee that 

13 receives a grant from a Governor under section 

14 18002(c) shall submit a report to the Governor, not 

15 later than 30 days after receiving the grant, con16 taining the information described in paragraph 

17 (1)(A). 

18 ‘‘(4) PUBLICATION OF REPORTS.—The Sec19 retary shall publish each report under paragraphs 

20 (1) and (2) on a publicly accessible website not later 

21 than 30 days after the date of receipt of the report. 

22 ‘‘(5) FINDINGS FROM GOVERNOR’S EMERGENCY

23 RELIEF FUNDS REPORTING.—Not later than 12 

24 months after the date of enactment of the Educator 

25 Jobs Fund Act of 2020, the Secretary shall provide 


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1 a report to the Committee on Health, Education, 

2 Labor, and Pensions of the Senate, the Committee 

3 on Appropriations of the Senate, the Committee on 

4 Education and Labor of the House of Representa5 tives, and the Committee on Appropriations of the 

6 House of Representatives summarizing the findings 

7 from the reports received under this subsection. 

8 ‘‘(b) ELEMENTARY AND SECONDARY SCHOOL EMER9 GENCY RELIEF FUND REPORTING-INITIAL REPORTING.— 

10 ‘‘(1) STATE EDUCATIONAL AGENCY REPORT11 ING.—Each State educational agency that receives a 

12 grant under section 18003 shall, not later than 180 

13 days after the making the State educational agency’s 

14 first subgrant under section 18003(c) if such first 

15 subgrant is made after the date of enactment of the 

16 Educator Jobs Fund Act of 2020 or not later than 

17 90 days after such date of enactment if such first 

18 subgrant was made before such date of enactment, 

19 submit a report to the Secretary that includes the 

20 following: 

21 ‘‘(A) The number of educator and school 

22 staff jobs that were saved or created with funds 

23 received under this title, including the following: 

24 ‘‘(i) The overall number of such jobs. 


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1 ‘‘(ii) The number of such jobs in each 

2 local educational agency and school in the 

3 State that serves the greatest concentra4 tion in the State of any of the following: 

5 ‘‘(I) Students of color. 

6 ‘‘(II) Students from low-income 

7 backgrounds. 

8 ‘‘(III) Children with disabilities. 

9 ‘‘(IV) English learners. 

10 ‘‘(V) Migrant children. 

11 ‘‘(VI) Students experiencing 

12 homelessness. 

13 ‘‘(VII) Children and youth in fos14 ter care. 

15 ‘‘(VIII) Students involved with 

16 the juvenile justice system. 

17 ‘‘(iii) The number of such jobs 

18 disaggregated by race and ethnicity, cross19 tabulated by gender. 

20 ‘‘(B) If educators and school staff jobs 

21 were eliminated or left unfilled, the number and 

22 percentage of educator and other school staff 

23 jobs that are both eliminated or left unfilled as 

24 follows: 

25 ‘‘(i) The overall number of such jobs. 


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1 ‘‘(ii) The number of such jobs in each 

2 local educational agency and school in the 

3 State that serves the greatest concentra4 tion in the State of any of the following: 

5 ‘‘(I) Students of color. 

6 ‘‘(II) Students from low-income 

7 backgrounds. 

8 ‘‘(III) Children with disabilities. 

9 ‘‘(IV) English learners. 

10 ‘‘(V) Migrant children. 

11 ‘‘(VI) Students experiencing 

12 homelessness. 

13 ‘‘(VII) Children and youth in fos14 ter care. 

15 ‘‘(VIII) Students involved with 

16 the juvenile justice system. 

17 ‘‘(iii) The number of such jobs 

18 disaggregated by race and ethnicity, cross19 tabulated by gender. 

20 ‘‘(C) How the State provided guidance to 

21 local educational agencies and schools in the 

22 State on achieving racial and socioeconomic di23 versity and avoiding racial economic segregation 

24 among students in person and through distance 

25 learning. 


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1 ‘‘(2) LOCAL EDUCATIONAL AGENCY REPORT2 ING.—Each local educational agency receiving a 

3 grant or subgrant under section 18002 or 18003 

4 shall submit a report to its State educational agency, 

5 not later than 90 days after receiving such grant or 

6 subgrant, that includes the following: 

7 ‘‘(A) The number of educator and school 

8 staff jobs that were saved or created with funds 

9 received under this title, including the following: 

10 ‘‘(i) The overall number of such jobs. 

11 ‘‘(ii) The number of such jobs in each 

12 school served by the local educational agen13 cy that serves the greatest concentration in 

14 the local educational agency of any of the 

15 following: 

16 ‘‘(I) Students of color. 

17 ‘‘(II) Students from low-income 

18 backgrounds. 

19 ‘‘(III) Children with disabilities. 

20 ‘‘(IV) English learners. 

21 ‘‘(V) Migrant children. 

22 ‘‘(VI) Students experiencing 

23 homelessness. 

24 ‘‘(VII) Children and youth in fos25 ter care. 


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1 ‘‘(VIII) Students involved with 

2 the juvenile justice system. 

3 ‘‘(iii) The number of such jobs 

4 disaggregated by race and ethnicity, cross5 tabulated by gender. 

6 ‘‘(B) If educators and school staff jobs 

7 were eliminated or left unfilled, the number and 

8 percentage of educator and other school staff 

9 jobs that are both eliminated or left unfilled as 

10 follows: 

11 ‘‘(i) The overall number of such jobs. 

12 ‘‘(ii) The number of such jobs in each 

13 school served by the local educational agen14 cy that serves the greatest concentration in 

15 the local educational agency of any of the 

16 following: 

17 ‘‘(I) Students of color. 

18 ‘‘(II) Students from low-income 

19 backgrounds. 

20 ‘‘(III) Children with disabilities. 

21 ‘‘(IV) English learners. 

22 ‘‘(V) Migrant children. 

23 ‘‘(VI) Students experiencing 

24 homelessness. 


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1 ‘‘(VII) Children and youth in fos2 ter care. 

3 ‘‘(VIII) Students involved with 

4 the juvenile justice system. 

5 ‘‘(iii) The number of such jobs 

6 disaggregated by race and ethnicity, cross7 tabulated by gender. 

8 ‘‘(C) How the local educational agency pro9 vided guidance to schools on achieving racial 

10 and socioeconomic diversity and avoiding racial 

11 economic segregation among students in person 

12 and through distance learning. 

13 ‘‘(3) QUARTERLY ELEMENTARY AND SEC14 ONDARY SCHOOL EMERGENCY RELIEF FUND RE15 PORTS.— 

16 ‘‘(A) STATE REPORT.—Each State edu17 cational agency that receives a grant under sec18 tion 18003 shall, following the submission of 

19 the initial report described in paragraph (1), 

20 submit to the Secretary a report that contains 

21 the information described in paragraph (1) once 

22 a quarter until all funds allocated to the State 

23 under section 18003 are expended. 

24 ‘‘(B) LOCAL EDUCATIONAL AGENCY RE25 PORT.—Each local educational agency receiving 


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1 a subgrant under section 18002 or 18003 shall, 

2 following the submission of the initial report de3 scribed in paragraph (2), submit to the Sec4 retary a report that contains the information 

5 described in paragraph (2) once a quarter until 

6 all subgrant funds are expended. 

7 ‘‘(4) PUBLICATION OF REPORTS.—The Sec8 retary shall publish each report under paragraphs 

9 (1) and (2) on a publicly accessible website not later 

10 than 30 days after the date of receipt of the report. 

11 ‘‘(5) FINDINGS FROM ELEMENTARY AND SEC12 ONDARY SCHOOL EMERGENCY RELIEF FUND.—Not 

13 later than 12 months after the date of enactment of 

14 the Educator Jobs Fund Act of 2020, the Secretary 

15 shall provide a report to the Committee on Health, 

16 Education, Labor, and Pensions of the Senate, the 

17 Committee on Appropriations of the Senate, the 

18 Committee on Education and Labor of the House of 

19 Representatives, and the Committee on Appropria20 tions of the House of Representatives summarizing 

21 the findings from the reports received under this 

22 subsection.’’. 

23 SEC. 6. PERSONAL PROTECTIVE EQUIPMENT FUND. 

24 There are authorized to be appropriated and there 

25 are appropriated out of any money in the Treasury not 


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1 otherwise obligated for necessary expenses for a Personal 

2 Protective Equipment Fund, $30,000,000: Provided, That 

3 the amount under this section shall be administered by 

4 the Secretary of Education as follows: 

5 (1) The Secretary of Education shall award 

6 grants to local educational agencies that submit an 

7 application to the Secretary detailing a plan for the 

8 use of grant funds for only public schools. 

9 (2) In awarding grants under this section, the 

10 Secretary of Education shall give priority to local 

11 educational agencies serving a high percentage of 

12 schools that receive funding under part A of title I 

13 of the Elementary and Secondary Education Act of 

14 1965 (20 U.S.C. 6311 et seq.). 

15 (3) A local educational agency that receives a 

16 grant under this section shall use the grant funds— 

17 (A) to purchase cleaning and sanitizing 

18 equipment; 

19 (B) to purchase face masks, gloves, protec20 tive eyewear, dividers, and other equipment nec21 essary to maintain social distancing standards 

22 set by the Centers for Disease Control and Pre23 vention; 

24 (C) for hiring staff to implement safety 

25 protocols, which may include additional custoVerDate Sep 11 2014 04:40 Nov 24, 2020 Jkt 019200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S4917.IS S4917

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1 dial staff for increased cleaning and disinfecting 

2 of schools and buses to prevent spread, a full3 time nurse for each school, and aides to screen 

4 students before getting on buses; 

5 (D) to purchase other materials and for 

6 staffing necessary to maintain student and edu7 cator safety; 

8 (E) to provide staff with the training nec9 essary to carry out any safety protocols, or for 

10 appropriate and safe use of equipment or mate11 rials; and 

12 (F) to replace an HVAC system. 

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

14 WORKFORCE. 

15 In addition to amounts otherwise appropriated, there 

16 are authorized to be appropriated and there are appro17 priated to the Secretary of Education, out of amounts in 

18 the Treasury not otherwise appropriated, for fiscal year 

19 2021 the following: 

20 (1) $30,000,000 for grants to eligible partner21 ships (as defined in section 200(6) of the Higher 

22 Education Act of 1965 (20 U.S.C. 1021(6))) for 

23 partnership grants for the establishment of teacher 

24 and school leader residency programs (as described 

25 in section 202(e) of the Higher Education Act of 


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1 1965 (20 U.S.C. 1022a(e))) that, as permitted by 

2 section 202(e)(2)(A)(vi)(II) of such Act, have admis3 sion goals and priorities for the consideration of 

4 teacher and school leader residency applicants who 

5 reflect the communities in which they will teach and 

6 serve as well as consideration of individuals from 

7 underrepresented populations in the teaching and 

8 principal professions and strategies for supporting 

9 their program completion. 

10 (2) $35,000,000 for grants to eligible institu11 tions under subpart 2 of part B of title II of the 

12 Higher Education Act of 1965 (20 U.S.C. 1033 et 

13 seq.), the Augustus F. Hawkins Centers of Excel14 lence program. All terms and conditions that apply 

15 to grants under subpart 2 of part B of title II of 

16 the Higher Education Act of 1965 shall apply to 

17 grants made with funds made available under this 

18 paragraph. 

19 (3) $35,000,000 for grants for teacher and 

20 school leader preparation programs at Tribal Col21 leges and Universities (as defined in section 316 of 

22 the Higher Education Act of 1965 (20 U.S.C. 

23 1059c)), Alaska Native-serving institutions and Na24 tive Hawaiian-serving institutions (as defined in sec25 tion 317 of the Higher Education Act of 1965 (20 


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1 U.S.C. 1059d)), Predominantly Black Institutions 

2 (as defined in section 318 of the Higher Education 

3 Act of 1965 (20 U.S.C. 1059e)), Native American4 serving, nontribal institutions (as defined in section 

5 319 of the Higher Education Act of 1965 (20 

6 U.S.C. 1059f)), Asian American and Native Amer7 ican Pacific Islander-serving institutions (as defined 

8 in section 320 of the Higher Education Act of 1965 

9 (20 U.S.C. 1059g)), and Hispanic-serving institu10 tions (as defined in section 502 of the Higher Edu11 cation Act of 1965 (20 U.S.C. 1101a)). 

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

13 In the event that any conditions on Federal education 

14 funding under this Act, or an amendment made by this 

15 Act, conflict with the rights, remedies, and procedures af16 forded to school or school district employees under Fed17 eral, State, or local laws (including applicable regulations 

18 or court orders as well as requirements that school dis19 tricts negotiate or meet and confer in good faith) or under 

20 the terms of collective bargaining agreements, memoranda 

21 of understanding, or other agreements between such em22 ployers and their employees, the latter shall control, and 

23 compliance with the latter will not provide a basis for withVerDate Sep 11 2014 04:40 Nov 24, 2020 Jkt 019200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S4917.IS S4917

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1 holding funds under this Act or an amendment made by 

2 this Act. 

Æ 


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