IB 

Union Calendar No. 397 

116TH CONGRESS 

2D SESSION H. R. 2639 

[Report No. 116–496] 

To establish the Strength in Diversity Program, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 9, 2019 

Ms. FUDGE (for herself, Mr. SCOTT of Virginia, and Mr. SABLAN) introduced 

the following bill; which was referred to the Committee on Education and 

Labor 

SEPTEMBER 8, 2020 

Additional sponsors: Mrs. BEATTY, Mr. BUTTERFIELD, Ms. JAYAPAL, Mr. 

DESAULNIER, Mr. GRIJALVA, Ms. SCANLON, Ms. OMAR, Ms. SCHAKOWSKY, Mr. RICHMOND, Mr. LEVIN of Michigan, Ms. CLARKE of New 

York, Mr. TRONE, Mr. DANNY K. DAVIS of Illinois, Ms. WILSON of Florida, Mr. NEGUSE, Ms. NORTON, Ms. WILD, Ms. BLUNT ROCHESTER, Mr. 

COURTNEY, Mr. CLAY, Mr. GALLEGO, Mrs. HAYES, Mr. COHEN, Ms. 

ADAMS, Ms. JACKSON LEE, Mrs. WATSON COLEMAN, Ms. KELLY of Illinois, Mr. MCGOVERN, Ms. BONAMICI, Mr. GREEN of Texas, Mr. THOMPSON of Mississippi, Ms. SPANBERGER, Mr. CISNEROS, Mr. BISHOP of 

Georgia, Mr. BROWN of Maryland, Mr. CARSON of Indiana, Mr. CLYBURN, Ms. JOHNSON of Texas, Mrs. MCBATH, Mr. MEEKS, Mr. PAYNE, 

Ms. PLASKETT, Mr. RUSH, Ms. SEWELL of Alabama, Mr. VEASEY, Mr. 

TAKANO, Mr. ALLRED, Mr. MORELLE, Ms. UNDERWOOD, Mr. NADLER, 

Mrs. LAWRENCE, Ms. CRAIG, Ms. SCHRIER, Mrs. TRAHAN, Mr. BLUMENAUER, Mr. ENGEL, Ms. CASTOR of Florida, Ms. GARCIA of Texas, 

Ms. LEE of California, Mr. ESPAILLAT, Ms. HAALAND, Mr. FOSTER, Mr. 

LYNCH, Mr. WELCH, Ms. PRESSLEY, Mr. MALINOWSKI, Ms. DEAN, Ms. 

CLARK of Massachusetts, Mr. COOPER, Mr. CONNOLLY, Mr. LUJA ́N, Mr. 

RYAN, Ms. SA ́NCHEZ, Ms. STEVENS, Mr. CICILLINE, Ms. BASS, Mr. 

PRICE of North Carolina, Mr. EVANS, Ms. WASSERMAN SCHULTZ, Mr. 

SOTO, Mr. LAWSON of Florida, Ms. KAPTUR, Mr. CASTRO of Texas, Mr. 

LARSON of Connecticut, Mr. NORCROSS, Mr. HASTINGS, Ms. MENG, Mr. 

RASKIN, Mr. VELA, Ms. DELAURO, Ms. SPEIER, Ms. VELA ́ZQUEZ, Mr. 

CLEAVER, Mrs. KIRKPATRICK, Mr. KILDEE, Ms. DEGETTE, Mr. 


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LOWENTHAL, Ms. MOORE, Mr. MOULTON, Mr. GARCI ́A of Illinois, Mr. 

MCEACHIN, Mr. DAVID SCOTT of Georgia, and Mr. DELGADO

SEPTEMBER 8, 2020 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on May 9, 2019] 

A BILL 

To establish the Strength in Diversity Program, and for 

other purposes. 


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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 ‘‘Strength in Diversity 

5 Act of 2019’’. 

6 SEC. 2. PURPOSE. 

7 The purpose of this Act is to support the development, 

8 implementation, and evaluation of comprehensive strategies 

9 to address the effects of racial isolation or concentrated pov10 erty by increasing diversity, including racial diversity and 

11 socioeconomic diversity, in covered schools. 

12 SEC. 3. RESERVATION FOR NATIONAL ACTIVITIES. 

13 The Secretary may reserve not more than 5 percent 

14 of the amounts made available under section 10 for a fiscal 

15 year to carry out activities of national significance relating 

16 to this Act, which may include— 

17 (1) research, development, data collection, moni18 toring, technical assistance, evaluation, or dissemina19 tion activities; and 

20 (2) the development and maintenance of best 

21 practices for recipients of grants under section 4 and 

22 other experts in the field of school diversity. 

23 SEC. 4. GRANT PROGRAM AUTHORIZED. 

24 (a) AUTHORIZATION.— 


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1 (1) IN GENERAL.—From the amounts made 

2 available under section 10 and not reserved under sec3 tion 3 for a fiscal year, the Secretary shall award 

4 grants in accordance with subsection (b) to eligible 

5 entities to develop or implement plans to improve di6 versity and reduce or eliminate racial or socio7 economic isolation in covered schools. 

8 (2) TYPES OF GRANTS.—The Secretary may, in 

9 any fiscal year, award— 

10 (A) planning grants to carry out the activi11 ties described in section 6(a); 

12 (B) implementation grants to carry out the 

13 activities described in section 6(b); or 

14 (C) both such planning grants and imple15 mentation grants. 

16 (b) AWARD BASIS.— 

17 (1) CRITERIA FOR EVALUATING APPLICATIONS.— 

18 The Secretary shall award grants under this section 

19 on a competitive basis, based on— 

20 (A) the quality of the application submitted 

21 by an eligible entity under section 5; and 

22 (B) the likelihood, as determined by the Sec23 retary, that the eligible entity will use the grant 

24 to improve student outcomes or outcomes on 


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1 other performance measures described in section 

2 7. 

3 (2) PRIORITY.—In awarding grants under this 

4 section, the Secretary shall give priority to the fol5 lowing eligible entities: 

6 (A) First, to an eligible entity that pro7 poses, in an application submitted under section 

8 5, to use the grant to support a program that 

9 addresses racial isolation. 

10 (B) Second, to an eligible entity that pro11 poses, in an application submitted under section 

12 5, to use the grant to support a program that ex13 tends beyond one local educational agency, such 

14 as an inter-district or regional program. 

15 (c) DURATION OF GRANTS.— 

16 (1) PLANNING GRANT.—A planning grant 

17 awarded under this section shall be for a period of not 

18 more than 1 year. 

19 (2) IMPLEMENTATION GRANT.—An implementa20 tion grant awarded under this section shall be for a 

21 period of not more than 3 years, except that the Sec22 retary may extend an implementation grant for an 

23 additional 2-year period if the eligible entity receiv24 ing the grant demonstrates to the Secretary that the 

25 eligible entity is making significant progress, as deVerDate Sep 11 2014 22:04 Sep 08, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H2639.RH H2639

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1 termined by the Secretary, on the program perform2 ance measures described in section 7. 

3 SEC. 5. APPLICATIONS. 

4 In order to receive a grant under section 4, an eligible 

5 entity shall submit an application to the Secretary at such 

6 time and in such manner as the Secretary may require. 

7 Such application shall include— 

8 (1) a description of the program for which the el9 igible entity is seeking a grant, including— 

10 (A) how the eligible entity proposes to use 

11 the grant to improve the academic and life out12 comes of students in racial or socioeconomic iso13 lation in covered schools by supporting interven14 tions that increase diversity in such covered 

15 schools; 

16 (B) in the case of an implementation grant, 

17 the implementation grant plan described in sec18 tion 6(b)(1); and 

19 (C) evidence, or if such evidence is not 

20 available, a rationale based on current research, 

21 regarding how the program will increase diver22 sity; 

23 (2) in the case of an eligible entity proposing to 

24 use any of the grant to benefit covered schools that are 


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1 racially isolated, a description of how the eligible en2 tity will identify and define racial isolation; 

3 (3) in the case of an eligible entity proposing to 

4 use any portion of the grant to benefit high-poverty 

5 covered schools, a description of how the eligible entity 

6 will identify and define income level and socio7 economic status; 

8 (4) a description of the plan of the eligible entity 

9 for continuing the program after the grant period 

10 ends; 

11 (5) a description of how the eligible entity will 

12 assess, monitor, and evaluate the impact of the activi13 ties funded under the grant on student achievement 

14 and student enrollment diversity; 

15 (6) an assurance that the eligible entity has con16 ducted, or will conduct, robust parent and community 

17 engagement, while planning for and implementing the 

18 program, such as through— 

19 (A) consultation with appropriate officials 

20 from Indian Tribes or Tribal organizations ap21 proved by the Tribes located in the area served 

22 by the eligible entity; 

23 (B) consultation with other community en24 tities, including local housing or transportation 

25 authorities; 


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1 (C) public hearings or other open forums to 

2 inform the development of any formal strategy to 

3 increase diversity; and 

4 (D) outreach to parents and students, in a 

5 language that parents and students can under6 stand, and consultation with students and fami7 lies in the targeted district or region that is de8 signed to ensure participation in the planning 

9 and development of any formal strategy to in10 crease diversity; 

11 (7) an estimate of the number of students that 

12 the eligible entity plans to serve under the program 

13 and the number of students to be served through addi14 tional expansion of the program after the grant pe15 riod ends; 

16 (8) an assurance that the eligible entity will— 

17 (A) cooperate with the Secretary in evalu18 ating the program, including any evaluation 

19 that might require data and information from 

20 multiple recipients of grants under section 4; 

21 and 

22 (B) engage in the best practices developed 

23 under section 3(2); 

24 (9) an assurance that, to the extent possible, the 

25 eligible entity has considered the potential implicaVerDate Sep 11 2014 22:04 Sep 08, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H2639.RH H2639

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1 tions of the grant activities on the demographics and 

2 student enrollment of nearby covered schools not in3 cluded in the activities of the grant; and 

4 (10) in the case of an eligible entity applying for 

5 an implementation grant, a description of how the el6 igible entity will— 

7 (A) implement, replicate, or expand a strat8 egy based on a strong or moderate level of evi9 dence (as described in subclause (I) or (II) of sec10 tion 8101(21)(A)(i) of the Elementary and Sec11 ondary Education Act of 1965 (20 U.S.C. 

12 7801(21)(A)(i))); or 

13 (B) test a promising strategy to increase di14 versity in covered schools. 

15 SEC. 6. USES OF FUNDS. 

16 (a) PLANNING GRANTS.—Each eligible entity that re17 ceives a planning grant under section 4 shall use the grant 

18 to support students in covered schools through the following 

19 activities: 

20 (1) Completing a comprehensive assessment of, 

21 with respect to the geographic area served by such eli22 gible entity— 

23 (A) the educational outcomes and racial 

24 and socioeconomic stratification of children at25 tending covered schools; and 


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1 (B) an analysis of the location and capac2 ity of program and school facilities and the ade3 quacy of local or regional transportation infra4 structure. 

5 (2) Developing and implementing a robust fam6 ily, student, and community engagement plan, in7 cluding, where feasible, public hearings or other open 

8 forums that would precede and inform the develop9 ment of a formal strategy to improve diversity in cov10 ered schools. 

11 (3) Developing options, including timelines and 

12 cost estimates, for improving diversity in covered 

13 schools, such as weighted lotteries, revised feeder pat14 terns, school boundary redesign, or regional coordina15 tion. 

16 (4) Developing an implementation plan based on 

17 community preferences among the options developed 

18 under paragraph (3). 

19 (5) Building the capacity to collect and analyze 

20 data that provide information for transparency, con21 tinuous improvement, and evaluation. 

22 (6) Developing an implementation plan to com23 ply with a court-ordered school desegregation plan. 

24 (7) Engaging in best practices developed under 

25 section 3(2). 


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1 (b) IMPLEMENTATION GRANTS.— 

2 (1) IMPLEMENTATION GRANT PLAN.—Each eligi3 ble entity that receives an implementation grant 

4 under section 4 shall implement a high-quality plan 

5 to support students in covered schools that includes— 

6 (A) a comprehensive set of strategies de7 signed to improve academic outcomes for all stu8 dents, particularly students of color and low-in9 come students, by increasing diversity in covered 

10 schools; 

11 (B) evidence of strong family and commu12 nity support for such strategies, including evi13 dence that the eligible entity has engaged in 

14 meaningful family and community outreach ac15 tivities; 

16 (C) goals to increase diversity in covered 

17 schools over the course of the grant period; 

18 (D) collection and analysis of data to pro19 vide transparency and support continuous im20 provement throughout the grant period; and 

21 (E) a rigorous method of evaluation of the 

22 effectiveness of the program. 

23 (2) IMPLEMENTATION GRANT ACTIVITIES.—Each 

24 eligible entity that receives an implementation grant 


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1 under section 4 may use the grant to carry out one 

2 or more of the following activities: 

3 (A) Recruiting, hiring, or training addi4 tional teachers, administrators, and other in5 structional and support staff in new, expanded, 

6 or restructured covered schools, or other profes7 sional development activities for staff and ad8 ministrators. 

9 (B) Investing in specialized academic pro10 grams or facilities designed to encourage inter11 district school attendance patterns. 

12 (C) Developing or initiating a transpor13 tation plan for bringing students to and from 

14 covered schools, if such transportation is sustain15 able beyond the grant period and does not rep16 resent a significant portion of the grant received 

17 by an eligible entity under section 4. 

18 (D) Developing innovative and equitable 

19 school assignment plans. 

20 (E) Carrying out innovative activities de21 signed to increase racial and socioeconomic 

22 school diversity and engagement between children 

23 from different racial, economic, and cultural 

24 backgrounds. 


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1 SEC. 7. PERFORMANCE MEASURES. 

2 The Secretary shall establish performance measures for 

3 the programs and activities carried out through a grant 

4 under section 4. These measures, at a minimum, shall track 

5 the progress of each eligible entity in— 

6 (1) improving academic and other developmental 

7 or noncognitive outcomes for each subgroup described 

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

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

10 6311(b)(2)(B)(xi)) that is served by the eligible entity 

11 on measures, including, as applicable, by— 

12 (A) increasing school readiness; 

13 (B) increasing student achievement and de14 creasing achievement gaps; 

15 (C) increasing high school graduation rates; 

16 (D) increasing readiness for postsecondary 

17 education and careers; 

18 (E) reducing school discipline rates; and 

19 (F) any other indicator the Secretary or eli20 gible entity may identify; and 

21 (2) increasing diversity and decreasing racial or 

22 socioeconomic isolation in covered schools. 

23 SEC. 8. ANNUAL REPORTS. 

24 An eligible entity that receives a grant under section 

25 4 shall submit to the Secretary, at such time and in such 


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1 manner as the Secretary may require, an annual report 

2 that includes— 

3 (1) a description of the efforts of the eligible enti4 ty to increase inclusivity; 

5 (2) information on the progress of the eligible en6 tity with respect to the performance measures de7 scribed in section 7; and 

8 (3) the data supporting such progress. 

9 SEC. 9. APPLICABILITY. 

10 Section 426 of the General Education Provisions Act 

11 (20 U.S.C. 1228) shall not apply with respect to activities 

12 carried out under a grant under this Act. 

13 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

14 There are authorized to be appropriated to carry out 

15 this Act such sums as may be necessary for fiscal year 2020 

16 and each of the 5 succeeding fiscal years. 

17 SEC. 11. DEFINITIONS. 

18 In this Act: 

19 (1) COVERED SCHOOL.—The term ‘‘covered 

20 school’’ means— 

21 (A) a publicly-funded early childhood edu22 cation program; 

23 (B) a public elementary school; or 

24 (C) a public secondary school. 


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1 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti2 ty’’ means a local educational agency, a consortium 

3 of such agencies, an educational service agency, or re4 gional educational agency that at the time of the ap5 plication of such eligible entity has significant 

6 achievement gaps and socioeconomic or racial seg7 regation within or between the school districts served 

8 by such entity. 

9 (3) ESEA TERMS.—The terms ‘‘educational serv10 ice agency’’, ‘‘elementary school’’, ‘‘local educational 

11 agency’’, ‘‘secondary school’’, and ‘‘Secretary’’ have 

12 the meanings given such terms in section 8101 of the 

13 Elementary and Secondary Education Act of 1965 

14 (20 U.S.C. 7801). 

15 (4) PUBLICLY-FUNDED EARLY CHILDHOOD EDU16 CATION PROGRAM.—The term ‘‘publicly-funded early 

17 childhood education program’’ means an early child18 hood education program (as defined in section 103(8) 

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

20 1003(8)) that receives State or Federal funds. 


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Union Calendar No. 397 

116TH CONGRESS 

2D SESSION H. R. 2639 

[Report No. 116–496] 

A BILL 

To establish the Strength in Diversity Program, 

and for other purposes. 

SEPTEMBER 8, 2020 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


pamtmann on DSKBC07HB2PROD with BILLS