II 

117TH CONGRESS 

1ST SESSION S. 980 

To restrict funds to local educational agencies that have obligated previously 

appropriated funds and reopen schools for in-person learning. 

IN THE SENATE OF THE UNITED STATES 

MARCH 25, 2021 

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

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

A BILL 

To restrict funds to local educational agencies that have 

obligated previously appropriated funds and reopen 

schools for in-person learning. 

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 for Kids Act’’. 

5 SEC. 2. FUNDING FOR REOPENING. 

6 (a) NO NEW FUNDS UNTIL AVAILABLE FUNDS ARE

7 OBLIGATED.—Notwithstanding any other provision of 

8 law, no funds appropriated under part 1 of subtitle A of 

9 title II of the American Rescue Plan Act of 2021 (Public 

10 Law 117–2) may be used to provide assistance to a local 


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1 educational agency to prevent, prepare for, or respond to 

2 the coronavirus— 

3 (1) while funds awarded to such local edu4 cational agency under the Elementary and Sec5 ondary School Emergency Relief Fund or Governor’s 

6 Emergency Education Relief Fund under title VIII 

7 of division B of the CARES Act (Public Law 116– 

8 136) or title III of the Coronavirus Response and 

9 Relief Supplemental Appropriations Act, 2021 (Pub10 lic Law 116–260) remain unobligated; and 

11 (2) unless the local educational agency— 

12 (A) submits a plan to the State edu13 cational agency to provide full-day, in-person 

14 learning 5 days a week for all students medi15 cally able to participate at all public schools 

16 served by the local educational agency; and 

17 (B) fully implements such plan, except as 

18 provided in subsection (b), not later than 14 

19 days after the date the State educational agen20 cy approves such plan. 

21 (b) AMENDMENT TO REOPENING PLAN.— 

22 (1) IN GENERAL.—If a local educational agency 

23 determines there is a significant rise in COVID 

24 cases in the area served by the local educational 

25 agency after the plan described in subsection 


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1 (a)(2)(A) has been implemented, the local edu2 cational agency may amend the plan. 

3 (2) AMENDMENT.—An amendment under para4 graph (1)— 

5 (A) shall be approved by the Governor, in 

6 consultation with the local school board; 

7 (B) may include a short-term reversion to 

8 part-time or full-time virtual learning, if war9 ranted by a significant rise in COVID cases in 

10 the area served by the local educational agency; 

11 and 

12 (C) shall specify a date by which, or condi13 tions under which, the local educational agency 

14 will return to providing in-person learning as 

15 described in subsection (a)(2)(A). 

16 (c) RETURN OF FUNDS.— 

17 (1) IN GENERAL.—A local educational agency 

18 that, as determined by the State educational agency, 

19 fails to implement the plan described in subsection 

20 (a)(2)(B) not later than 14 days after the date the 

21 State educational agency approves such plan, shall 

22 return to the State— 

23 (A) 75 percent of the funds received by the 

24 end of the first 7 days the implementation of 

25 the plan is delayed beyond the 14 days; and 


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1 (B) the remaining 25 percent of the funds 

2 received by the end of the second 7 days the 

3 implementation of the plan is delayed beyond 

4 the 14 days. 

5 (2) COMING INTO COMPLIANCE.—Notwith6 standing paragraph (1), a local educational agency 

7 that implements the plan within 14 days of being in 

8 noncompliance shall be eligible to receive the full 

9 amount under part 1 of subtitle A of title II of the 

10 American Rescue Plan Act of 2021 (Public Law 

11 117–2) for which the agency is eligible. 

12 (3) FUNDS TO BE RETURNED TO TREASURY.— 

13 A State shall return all funds returned to the State 

14 under paragraph (1) to the general fund of the De15 partment of the Treasury. 

Æ 


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