I 

116TH CONGRESS 

2D SESSION H. R. 7152 

To prohibit the Secretary of Education from providing funding to certain 

educational institutions unless the institutions return to in-person instruction, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 11, 2020 

Mr. BANKS (for himself and Mr. TIFFANY) introduced the following bill; which 

was referred to the Committee on Education and Labor 

A BILL 

To prohibit the Secretary of Education from providing funding to certain educational institutions unless the institutions return to in-person instruction, and for other purposes. 

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 ‘‘Reopen Our Schools 

5 Act’’. 

6 SEC. 2. PROHIBITION ON FUNDING FOR SCHOOLS FAILING 

7 TO PROVIDE IN-PERSON INSTRUCTION. 

8 (a) PROHIBITION ON FUNDING.— 


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1 (1) IN GENERAL.—With respect to academic 

2 year or school year 2020–2021, no funds shall be 

3 made available under any applicable program to an 

4 educational agency or institution unless the edu5 cational agency or institution provides a certification 

6 to the Secretary of Education that the educational 

7 agency or institution— 

8 (A) will begin providing in-person instruc9 tion not later than September 8, 2020, and in 

10 a manner substantially similar to that provided 

11 in previous academic years or school years; and 

12 (B) has a detailed plan in place to protect 

13 the health of students and personnel. 

14 (2) EXCEPTION.—Paragraph (1) does not apply 

15 to any funds (including loans made under part D of 

16 title IV of the Higher Education Act of 1965) made 

17 available under any applicable program that an edu18 cational agency or institution provides to a student 

19 attending such agency or institution. 

20 (3) WAIVER.—The Secretary may waive the re21 quirements of paragraph (1) with respect to an edu22 cational agency or institution if the Secretary deter23 mines that doing so is in the public interest. 

24 (b) PROHIBITION ON LIABILITY.—An educational 

25 agency or institution that provides a certification under 


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1 subsection (a)(1), including personnel thereof, may not be 

2 held liable in any cause of action before a State or Federal 

3 court for any act or omission related to in-person instruc4 tion that results in an alleged exposure to coronavirus. 

5 (c) DEFINITIONS.—In this section: 

6 (1) APPLICABLE PROGRAM.—The term ‘‘appli7 cable program’’ has the meaning given such term in 

8 section 400(c) of the General Education Provisions 

9 Act (20 U.S.C. 1221(c)). 

10 (2) CORONAVIRUS.—The term ‘‘coronavirus’’ 

11 means SARS–CoV–2 or another coronavirus with 

12 pandemic potential. 

13 (3) EDUCATIONAL AGENCY OR INSTITUTION.— 

14 The term ‘‘educational agency or institution’’ means 

15 the following: 

16 (A) An elementary school (as such term is 

17 defined in section 8101 of the Elementary and 

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

19 7801)). 

20 (B) A secondary school (as such term is 

21 defined in such section 8101). 

22 (C) An institution of higher education (as 

23 such term is defined in section 101 of the High24 er Education Act of 1965 (20 U.S.C. 1001)). 


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1 (D) A local educational agency (as such 

2 term is defined in such section 8101). 

3 (E) A State educational agency (as such 

4 term is defined in such section 8101). 

Æ 


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