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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3849 Introduced in Senate (IS)]

<DOC>

117th CONGRESS
  2d Session
                                S. 3849

   To amend the Elementary and Secondary Education Act to expand the 
                   Magnet Schools Assistance Program.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 16, 2022

Mr. Murphy (for himself, Mr. Blumenthal, and 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 Elementary and Secondary Education Act to expand the 
                   Magnet Schools Assistance Program.

    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 ``Magnet Schools Accessibility, 
Growth, and Nonexclusionary Enrollment Transformation Act of 2022'' or 
the ``MAGNET Act of 2022''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Studies have found that the academic benefits of 
        attending integrated schools for students of color include--
                    (A) higher achievement in mathematics, science, 
                language, and reading;
                    (B) school climates supportive of learning and 
                studying;
                    (C) increased likelihood of graduating from high 
                school and entering and graduating from college;
                    (D) higher income and educational attainment; and
                    (E) increased access to highly qualified teachers 
                and leaders who are less likely to transfer to other 
                schools.
            (2) The benefits of integrated schools extend to all 
        students regardless of race or socioeconomic background. On 
        average, students in socioeconomically and racially diverse 
        schools have stronger academic outcomes than students in 
        schools with concentrated poverty. Students in diverse schools 
        have higher test scores, are more likely to enroll in college, 
        and are less likely to drop out. Integrated schools help reduce 
        racial bias and counter stereotypes, as well as foster 
        friendships across diverse groups, improve students' 
        satisfaction and self-confidence, and enhance leadership 
        skills.
            (3) Students of color attending schools that are highly 
        segregated by race and poverty are deprived of the benefits of 
        integrated education. These schools are characterized by 
        resource inequities that translate into large proportions of 
        inexperienced and underprepared educators and a lack of 
        rigorous coursework, which have negative consequences for 
        students' academic outcomes as measured by performance on 
        standardized achievement tests and high school graduation 
        rates.
            (4) A 2019 study of every school district in the United 
        States found that higher racial segregation contributes to a 
        greater magnitude of achievement gaps in 3rd grade, and 
        increases the rate at which gaps grow from 3rd to 8th grade, 
        for students of color.
            (5) A 2016 Government Accountability Office analysis found 
        that a growing percentage of public elementary schools and 
        secondary schools in the Nation are hypersegregated, with 90 
        percent or more Black and Latino student populations and 
        students from low-income families.
            (6) A study reviewing 8 years of data from all United 
        States school districts found that racial segregation appears 
        to undermine achievement, in part, because it concentrates 
        minority students in high-poverty schools, which are, on 
        average, less effective than lower-poverty schools and tend to 
        be under-resourced.
            (7) Research shows that students' exposure to other 
        students from different backgrounds and the new ideas and 
        opportunities that such exposure brings leads to improved 
        critical thinking and problem-solving skills. Other benefits of 
        attending diverse schools include increased civic participation 
        in a diverse global economy and increased likelihood of living 
        in integrated neighborhoods and holding jobs in integrated 
        workplaces as adults.
            (8) Magnet schools have been effective in promoting school 
        diversity, especially when district demographics along with 
        magnet school design, structure, and focus (particularly the 
        centering of school integration in the school mission and the 
        design for family outreach) are a priority.

SEC. 3. PURPOSE.

    The purpose of this Act is to amend the Magnet Schools Assistance 
Program under part D of title IV of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7231 et seq.)--
            (1) to create a supplemental diversity grant for aspiring 
        magnet school programs to adopt effective practices designed to 
        further desegregation aims and promote diversity; and
            (2) to supplement voluntary State efforts to promote inter-
        district diversity.

SEC. 4. AMENDMENTS TO MAGNET SCHOOLS ASSISTANCE PROGRAM.

    Part D of title IV of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7231 et seq.) is amended--
            (1) in section 4404, in the matter preceding paragraph (1), 
        by inserting ``(except as provided under section 4408A)'' after 
        ``under this part'';
            (2) in section 4405, in subsection (a), by inserting 
        ``(except as provided under section 4408A)'' after ``under this 
        part'';
            (3) in section 4406--
                    (A) in the matter preceding paragraph (1)--
                            (i) by striking ``In awarding'' and 
                        inserting the following:
    ``(a) In General.--In awarding''; and
                            (ii) by inserting ``(except as provided 
                        under section 4408A)'' after ``under this 
                        part'';
                    (B) by striking (3);
                    (C) by redesignating paragraph (4) as paragraph 
                (3);
                    (D) in paragraph (3), as redesignated by 
                subparagraph (C), by striking the period at the end and 
                inserting ``; and''; and
                    (E) by adding at the end the following:
            ``(4) propose to establish whole-school magnet schools 
        through proposing to design and implement schools that 
        incorporate integration into school design, mission, structure, 
        focus, and goals, over the placement of a specialized magnet 
        program in a non-magnet public school;
            ``(5) propose to newly implement or continue the 
        implementation of inter-district public school choice programs, 
        and propose magnet schools constructed or placed in a location 
        that optimizes diversity and accessibility to transportation 
        for low-income students;
            ``(6) propose to improve the diversity and performance of 
        the local educational agency, consortium of local educational 
        agencies, or State as a whole versus focusing on improvements 
        confined to an individual school; or
            ``(7) propose to design and implement inclusive enrollment 
        practices, such as utilizing weighted lotteries and other 
        inclusive and accessible practices that are consistent with the 
        latest research and evidence-based practices identified by the 
        Secretary.
    ``(b) Priority for Meeting Multiple Criteria.--In awarding grants 
under this part, the Secretary shall give additional priority to 
applicants that meet more than 1 criterion under subsection (a).'';
            (4) in section 4407--
                    (A) in subsection (a), in the matter preceding 
                paragraph (1), by inserting ``(except as provided under 
                section 4408A)'' after ``under this part'';
                    (B) in subsection (b), by inserting ``(except as 
                provided under section 4408A)'' after ``under this 
                part''; and
                    (C) by adding at the end the following:
    ``(c) Technical Assistance for Novice or First-Time Applicants.--
            ``(1) In general.--An eligible local educational agency, or 
        consortium of such agencies, that is a novice or first-time 
        applicant for a grant under this part and receives a grant 
        under this part may use not more than 1 percent of the grant 
        funds for technical assistance in implementing the magnet 
        school plan.
            ``(2) Definition of novice.--In this subsection, the term 
        `novice', when used with respect to an applicant, means as 
        applicant that applied for a grant under this part previously 
        but did not receive such a grant.'';
            (5) in section 4408--
                    (A) in subsection (b), by inserting ``(except as 
                provided under section 4408A)'' after ``under this 
                part'';
                    (B) in subsection (c), by inserting ``(except as 
                provided under section 4408A)'' after ``under this 
                part''; and
                    (C) in subsection (d), by inserting ``(except as 
                provided under section 4408A)'' after ``under this 
                part''; and
            (6) by striking section 4409 and inserting the following:

``SEC. 4409. AUTHORIZATION OF APPROPRIATIONS; RESERVATION.

    ``(a) Authorization.--There are authorized to be appropriated to 
carry out this part such sums as may be necessary for fiscal years 2022 
through 2025.
    ``(b) Use of Funding.--From the total amount appropriated under 
subsection (a) for any fiscal year, the Secretary shall expend not less 
than $109,000,000 to carry out this part, except for section 4408A. The 
Secretary may use any amounts appropriated under subsection (a) for a 
fiscal year that are in excess of $109,000,000 to carry out section 
4408A.
    ``(c) Reservation for Technical Assistance.--The Secretary may 
reserve not more than 1 percent of the funds appropriated under 
subsection (a) for any fiscal year to provide technical assistance and 
share best practices with respect to magnet school programs assisted 
under this part.
    ``(d) Availability of Funds for Grants to Agencies Not Previously 
Assisted.--In any fiscal year for which the amount appropriated 
pursuant to subsection (a) exceeds $75,000,000, the Secretary shall 
give priority in using such amounts in excess of $75,000,000 to 
awarding grants to local educational agencies or consortia of such 
agencies that did not receive a grant under this part in the preceding 
fiscal year.''.

SEC. 5. MAGNET SCHOOLS ASSISTANCE PROGRAM SUPPLEMENTAL DIVERSITY GRANT.

    Part D of title IV of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7231 et seq.) is amended by inserting after section 
4408 the following:

``SEC. 4408A. SUPPLEMENTAL DIVERSITY GRANTS.

    ``(a) In General.--The Secretary, in accordance with this section, 
is authorized to award grants to eligible entities--
            ``(1) that have not received a grant under this part during 
        the 3-year period preceding the date of the grant award under 
        this section; and
            ``(2) that are looking to adopt additional effective, 
        evidence-based practices designed to further desegregation aims 
        and promote diversity.
    ``(b) Eligibility, Application, and Other Requirements.--
            ``(1) Eligibility.--For the purposes of this section, the 
        term `eligible entity' means a local educational agency, 
        consortium of such agencies, or State educational agency, 
        including an agency or consortium that is described in 
        paragraph (1) or (2) of section 4404.
            ``(2) Applications.--An eligible entity desiring to receive 
        a grant under this section shall submit an application to the 
        Secretary at such time, in such manner, and containing such 
        information and assurances as the Secretary may reasonably 
        require.
            ``(3) Information and assurances.--Each application 
        submitted under paragraph (1) shall include--
                    ``(A) a description of--
                            ``(i) how a grant awarded under this 
                        section will be used to promote socioeconomic 
                        and racial integration, and implement evidence-
                        based practices, including any evidence, or if 
                        such evidence is not available, a rationale 
                        based upon current research findings, to 
                        support the grant promoting socioeconomic and 
                        racial integration;
                            ``(ii) how the applicant will construct 
                        inclusive enrollment practices, such as 
                        utilizing weighted lotteries and other 
                        inclusive and accessible practices that are 
                        consistent with the latest research and 
                        evidence-based practices identified by the 
                        Secretary;
                            ``(iii) whether the applicant--
                                    ``(I) has ever engaged in any 
                                voluntary desegregation effort, and to 
                                what extent such efforts have increased 
                                student diversity and decreased racial 
                                or socioeconomic isolation in schools 
                                served by such applicant; and
                                    ``(II) is engaged in any voluntary 
                                desegregation effort on the date of 
                                submitting the application, and to what 
                                extent;
                            ``(iv) how the applicant will ensure that 
                        families from a multitude of racial, ethnic, 
                        socioeconomic, and linguistic backgrounds are 
                        aware of magnet schools and the application 
                        process, including a description of--
                                    ``(I) the variety of platforms 
                                (such as social media, print, 
                                television, and radio) the applicant 
                                will use to make families aware of 
                                magnet schools and the application 
                                process;
                                    ``(II) the language spoken by 
                                students and families in the region the 
                                applicant covers and how the applicant 
                                will make information on magnet schools 
                                and the application process available 
                                in these languages; and
                                    ``(III) how to enter a lottery or 
                                other inclusive enrollment pool for 
                                magnet schools;
                            ``(v) the manner and extent to which the 
                        proposed activities will increase student 
                        academic achievement in the instructional area 
                        offered by the school, including any evidence, 
                        or if such evidence is not available, a 
                        rationale based on current research findings, 
                        to support the activities increasing student 
                        academic achievement;
                            ``(vi) how the applicant will support the 
                        social and emotional learning of students;
                            ``(vii) how the applicant will implement 
                        restorative school discipline policies that 
                        reduce the use of suspension and expulsion and 
                        improve overall school climate;
                            ``(viii) how the applicant will assess, 
                        monitor, and evaluate the impact of the 
                        activities funded under this section on student 
                        achievement, integration, and overall school 
                        climate by developing a data plan that--
                                    ``(I) is aligned to a clear vision 
                                for equity, with specific criteria for 
                                determining racial or socioeconomic 
                                segregation and a target for reducing 
                                these conditions;
                                    ``(II) monitors the goal of 
                                reducing racial segregation by tracking 
                                multiple measures of success (including 
                                by enrollment, graduation rates, 
                                academic achievement, academic growth, 
                                and social-emotional outcomes);
                                    ``(III) disaggregates data across 
                                subgroups of students, as defined in 
                                section 1111(c)(2); and
                                    ``(IV) ensures data collected are 
                                accessible, with opportunities to 
                                include stakeholder feedback in a 
                                timely manner;
                            ``(ix) how grant funds under this section 
                        will be used to--
                                    ``(I) improve student academic 
                                achievement for all students attending 
                                the magnet school programs;
                                    ``(II) close historic opportunity 
                                and achievement gaps between each of 
                                the subgroups of students, defined in 
                                section 1111(c)(2), attending the 
                                magnet school programs; and
                                    ``(III) implement services and 
                                activities that are consistent with 
                                other programs under this Act, as 
                                appropriate; and
                            ``(x) how the magnet program funded by the 
                        grant will improve the overall quality of the 
                        school district the program is housed within; 
                        and
                    ``(B) the same assurances described in section 
                4405(b)(2).
            ``(4) Applications from state educational agencies.--A 
        State educational agency that submits an application under 
        paragraph (1) shall describe how, specifically, the State views 
        magnet schools as a solution to promote integration in the 
        State.
    ``(c) Priority.--
            ``(1) In general.--In awarding grants under this section, 
        the Secretary shall give priority to applicants that--
                    ``(A) have integration embedded into school design, 
                mission, structure, focus, and goals;
                    ``(B) propose to design and implement inclusive 
                enrollment practices, such as utilizing weighted 
                lotteries and other inclusive and accessible practices 
                that are consistent with the latest research and 
                evidence-based practices identified by the Secretary;
                    ``(C) continue to experience pronounced disparities 
                in educational opportunities between each of the 
                subgroups of students, defined in section 1111(c)(2), 
                and propose to use funds to carry out evidence-based 
                practices to reduce such disparities;
                    ``(D) demonstrate a commitment to furthering inter-
                district diversity through partnerships with 
                neighboring local educational agencies in States that 
                allow for these types of partnerships;
                    ``(E) demonstrate the provision of free and 
                accessible transportation for students to attend the 
                magnet school programs served by such grant funds; or
                    ``(F) demonstrate a commitment to authentically 
                engaging families and community members from a 
                multitude of racial, ethnic, socioeconomic, and 
                linguistic backgrounds at all stages in the magnet 
                program's development and operations.
            ``(2) Priority for meeting multiple criteria.--In awarding 
        grants under this section, the Secretary shall give additional 
        priority to applicants that meet more than 1 criterion under 
        paragraph (1).
    ``(d) Use of Funds.--Grant funds made available under this section 
may be used by an eligible entity to support any of the following:
            ``(1) Activities that promote socioeconomic and racial 
        integration in schools, including evidence-based practices to 
        increase student diversity and decrease racial or socioeconomic 
        isolation in schools, such as--
                    ``(A) providing for ongoing data collection and 
                evaluation activities to promote continuous improvement 
                that ensures fidelity of magnet implementation;
                    ``(B) developing and refining diversity goals for 
                magnet school enrollment; and
                    ``(C) ensuring student recruitment for magnet 
                schools includes students in public housing within the 
                boundaries of the school district, if it exists.
            ``(2) Activities that increase the capacity of existing 
        facilities to house specialized magnet programs or convert 
        entirely to magnet schools, such as--
                    ``(A) providing not more than 15 percent of the 
                grant funds for making infrastructure improvements and 
                necessary equipment purchases to enable an existing 
                public school facility to effectively develop, 
                implement, and operate a thematic magnet school 
                program; and
                    ``(B) allowing existing facilities or schools to 
                transition entirely to a magnet school rather than a 
                traditional school housing a magnet program.
            ``(3) Enrollment management activities that promote a more 
        diverse classroom and safe learning environment, such as--
                    ``(A) supporting enhanced selection and recruitment 
                materials and activities (including parent tours, open 
                houses, and revised marketing materials);
                    ``(B) providing free and accessible transportation 
                for students to attend the magnet school; and
                    ``(C) funding an individual employed by the 
                eligible entity to devote at least a majority of the 
                employee's time to enrollment activities, including 
                reaching underserved communities to support the 
                school's diversity goals.
            ``(4) Activities that strengthen the educator pipeline for 
        magnet school programs, such as--
                    ``(A) forging partnerships with nearby institutions 
                of higher education with comprehensive educator 
                preparation programs that incorporate extensive 
                clinical practice and experience, including 
                historically Black colleges and universities, Tribal 
                Colleges and Universities, and other minority-serving 
                institutions, to recruit educators with a stated desire 
                to work in a magnet program served by the eligible 
                entity; and
                    ``(B) hiring prospective educators who are 
                instructional area specialists, defined as educators 
                with a specialized knowledge of an instructional area 
                that is gained over not less than 10 years of work 
                experience in a relevant field, to teach at magnet 
                programs served by the eligible entity.
            ``(5) Activities that support a rigorous, well-rounded 
        curriculum and high-quality instruction, such as--
                    ``(A) providing ongoing professional development to 
                educators, principals, other school leaders, 
                specialized instructional support personnel, and other 
                staff (such as cultural competency training, job-
                embedded coaching, social and emotional learning, 
                activities that support college, career, and life 
                readiness, and other activities);
                    ``(B) creating culturally responsive teaching and 
                learning environments;
                    ``(C) offering school staff members opportunities 
                for networking and attending conferences;
                    ``(D) encouraging theme integration throughout the 
                curriculum and curriculum writing;
                    ``(E) updating equipment and resources, such as by 
                utilizing supplemental materials to enhance and enrich 
                the magnet theme and developing multiple assessments to 
                engage different types of learners; and
                    ``(F) developing and implementing opportunities for 
                students to participate in experiential learning, 
                including through field trips and meaningful project-
                based learning.
            ``(6) Activities that support family engagement, such as--
                    ``(A) planning community events specifically geared 
                toward supporting low-income families, such as through 
                purchasing food, providing subsidies or passes for 
                local public transportation services, and providing 
                subsidies for child care services while parents are 
                engaging with the magnet school;
                    ``(B) establishing schools housing magnet programs 
                as centerpieces of their community through outreach and 
                wraparound services;
                    ``(C) creating a community advisory board, 
                demographically reflective of both the local community 
                where the magnet school is located and the broader 
                community of students planning to attend the magnet 
                school, to assist the magnet school in providing 
                support and guidance in the selection and 
                implementation of their respective theme;
                    ``(D) providing opportunities for families to 
                participate in exploration of the magnet theme, guest 
                speaker presentations, and author visits; and
                    ``(E) inviting parents to be a part of the 
                recruitment team that helps promote the magnet program.
            ``(7) Strengthening partnerships in the community, such as 
        developing community partnerships with businesses, health and 
        human services agencies, and other entities that enhance and 
        support the magnet theme and provide rich learning and 
        educational experiences for students.
            ``(8) Activities that support inter-district or regional 
        integration, such as--
                    ``(A) collaborating with urban and suburban 
                districts in a comprehensive regional plan;
                    ``(B) providing financial incentives to help 
                receiving schools cover the cost of transferring 
                students;
                    ``(C) creating a clear vision for equity that 
                includes a set of goals and benchmarks, which are 
                responsive to realistic timelines and local factors, 
                for achieving greater diversity, educational quality, 
                and equity for targeted student subgroups that are 
                specific to the region;
                    ``(D) establishing a measurable definition of and 
                means to reduce racial isolation at school and 
                classroom levels;
                    ``(E) investing in regional magnet programs, 
                capital improvements, and educator professional 
                development that raise the quality of schooling options 
                available in all districts;
                    ``(F) developing marketing campaigns that build 
                strong and accessible systems of public information 
                around schooling options; and
                    ``(G) offering services for transfer students and 
                families that include transportation, school 
                counseling, and family liaisons.
            ``(9) Activities that support the implementation of 
        restorative discipline policies that reduce the use of 
        suspension and expulsion and improve overall school climate.
    ``(e) Prohibition.--The Secretary shall not award a grant under 
this section to an eligible entity that plans to establish, or has in 
place, application fees or admissions criteria related to fees.
    ``(f) Limitations.--
            ``(1) Duration of awards.--A grant under this section shall 
        be awarded for a period that shall not exceed 5 fiscal years.
            ``(2) Amount.--No grant awarded under this section to an 
        eligible entity shall exceed $7,500,000 for the grant period.
    ``(g) Reporting and Accountability.--
            ``(1) Reports.--Each eligible entity that receives a grant 
        under this section shall, on an annual basis, prepare and 
        submit a report to the Secretary containing information about--
                    ``(A) how the grant funds were used;
                    ``(B) how the grant recipient widely distributed 
                information about the magnet school funded by the grant 
                in an accessible manner;
                    ``(C) the immediate and projected near-term impact, 
                over the remaining period of the grant, that the grant 
                funds had and will have on increasing socioeconomic or 
                racial diversity, or both, in schools served by the 
                eligible entity, or in magnet school programs served by 
                such entity, or both;
                    ``(D) how, if applicable, the grant funds fostered 
                inter-district diversity;
                    ``(E) how the grant funds increased student 
                academic achievement in the instructional area offered 
                by the magnet school or local educational agency, or 
                both;
                    ``(F) how the grant funds improved academic 
                achievement of all students across all subjects in 
                schools served by the eligible entity;
                    ``(G) how the grant funds improved students' access 
                to well-rounded curriculum and prepared, qualified 
                educators; and
                    ``(H) how the grant funds improved the quality of 
                education for students attending the magnet school 
                program or schools served by the eligible entity, or 
                both, measured by a tangible increase in access to 
                other opportunities outlined in subsection (b)(2).
            ``(2) Making reports public.--The Secretary shall, on an 
        annual basis, make public the reports received under paragraph 
        (1).
            ``(3) Accountability.--
                    ``(A) In general.--The Secretary shall pursue 
                enforcement actions against a grant recipient under 
                this section that fails to demonstrate the improvements 
                described in subparagraphs (C) through (H) of paragraph 
                (1).
                    ``(B) Written notice of concerns.--
                            ``(i) In general.--In a case in which the 
                        Secretary determines that it is not clear that 
                        grant funds awarded under this section to a 
                        grant recipient are making a tangible and 
                        noticeable improvement in the areas described 
                        in subparagraphs (C) through (H) of paragraph 
                        (1), the Secretary shall, after 2 fiscal years, 
                        provide a written notice to the grant recipient 
                        containing the Secretary's concerns regarding 
                        the recipient's use of grant funds.
                            ``(ii) Response.--A grant recipient that 
                        receives a written notice under clause (i) 
                        shall, not later than 90 days after the date of 
                        receipt of the notice, submit to the Secretary 
                        a plan for addressing the Secretary's concerns 
                        not later than 1 year after the date of receipt 
                        of the notice.
                    ``(C) Failure to demonstrate improvements.--In a 
                case in which the Secretary determines that a grant 
                recipient has not addressed the Secretary's concerns in 
                accordance with subparagraph (B)(ii), the Secretary 
                shall provide a written notice to the grant recipient--
                            ``(i) to return the remainder of the grant 
                        funds not later than 90 days after the date of 
                        receipt of the written notice; or
                            ``(ii) if the grant awarded to the 
                        recipient is disbursed on an annual basis, that 
                        the recipient will no longer receive a grant 
                        under this section.''.
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