II 

117TH CONGRESS 

2D SESSION S. 3862 

To authorize the Department of Education, in coordination with other relevant 

Federal agencies, to include a longitudinal component on the impact 

of the COVID–19 pandemic on student outcomes and well-being on 

an existing longitudinal educational study. 

IN THE SENATE OF THE UNITED STATES 

MARCH 17, 2022 

Mr. RUBIO (for himself, Mr. CASEY, Mr. SCOTT of South Carolina, and Ms. 

HASSAN) introduced the following bill; which was read twice and referred 

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

A BILL 

To authorize the Department of Education, in coordination 

with other relevant Federal agencies, to include a longitudinal component on the impact of the COVID–19 pandemic on student outcomes and well-being on an existing 

longitudinal educational study. 

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 ‘‘Assessing Children’s 

5 Academic Development and the Emotional and Mental 

6 Health Implications of COVID–19 Act’’ or the ‘‘ACA7 DEMIC Act’’. 


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1 SEC. 2. INTERAGENCY LONGITUDINAL COMPONENT ON 

2 THE IMPACT OF THE COVID–19 PANDEMIC ON 

3 STUDENT OUTCOMES AND WELL-BEING. 

4 (a) AUTHORIZATION OF COMPONENT.— 

5 (1) IN GENERAL.—Not later than 2 years after 

6 the date of enactment of this Act, the Secretary of 

7 Education, in coordination with the heads of other 

8 relevant Federal agencies, shall include in a pre9 kindergarten through grade 12 longitudinal edu10 cational study that was authorized before the date of 

11 enactment of this Act and that is active on such 

12 date of enactment, to the extent practicable and ap13 propriate, a longitudinal component on the impact of 

14 the COVID–19 pandemic and the associated school 

15 closures, remote learning, and other factors, on stu16 dent outcomes and well-being. 

17 (2) IMPACTS.— 

18 (A) IN GENERAL.—The longitudinal com19 ponent authorized under paragraph (1) shall in20 clude the impact on students’— 

21 (i) academic achievement, including 

22 any learning loss; 

23 (ii) social and emotional well-being; 

24 (iii) mental health; 

25 (iv) behavioral health; and 

26 (v) physical health. 


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1 (B) HIPAA COMPLIANCE.—The longitu2 dinal component authorized under paragraph 

3 (1) shall comply with the regulations promul4 gated under section 264(c) of the Health Insur5 ance Portability and Accountability Act of 

6 1996. 

7 (3) STUDY ON SPECIFIC SUBGROUPS.— 

8 (A) IN GENERAL.—The longitudinal com9 ponent authorized under paragraph (1) shall ex10 amine the impact on specific subgroups of stu11 dents (except as provided in subparagraph (B)), 

12 including on each of those subgroups described 

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

14 and Secondary Education Act of 1965 (20 

15 U.S.C. 6311(b)(2)(B)(xi)) and on each of the 

16 following: 

17 (i) Status as a student with a parent 

18 who is a member of the armed forces (as 

19 defined in section 101(a)(4) of title 10, 

20 United States Code) on active duty (as de21 fined in section 101(d)(1) of title 10, 

22 United States Code) or serves on full-time 

23 National Guard duty (as defined in section 

24 101(d)(5) of title 10, United States Code). 


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1 (ii) Status as a homeless child or 

2 youth, as defined in section 725(2) of the 

3 McKinney-Vento Homeless Assistance Act 

4 (42 U.S.C. 11434a(2)). 

5 (iii) Status as a child in foster care. 

6 In this clause, the term ‘‘foster care’’ 

7 means 24-hour substitute care for children 

8 placed away from their parents and for 

9 whom the agency under part E of title IV 

10 of the Social Security Act (42 U.S.C. 670 

11 et seq.) has placement and care responsi12 bility. This includes, but is not limited to, 

13 placements in foster family homes, foster 

14 homes of relatives, group homes, emer15 gency shelters, residential facilities, child 

16 care institutions, and preadoptive homes. A 

17 child is in foster care in accordance with 

18 this definition regardless of whether the 

19 foster care facility is licensed and pay20 ments are made by the State, Tribal, or 

21 local agency for the care of the child, 

22 whether adoption subsidy payments are 

23 being made prior to the finalization of an 

24 adoption, or whether there is Federal 

25 matching of any payments that are made. 


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1 (iv) Status as a neglected, delinquent, 

2 or at-risk student, as described in part D 

3 of title I of the Elementary and Secondary 

4 Education Act of 1965 (20 U.S.C. 6421 et 

5 seq.). 

6 (v) Students from different grade lev7 els. 

8 (B) EXCEPTION.—The requirement under 

9 subparagraph (A) to examine the impact on a 

10 specific subgroup of students shall not be re11 quired in the case in which the number of stu12 dents in a subgroup is insufficient to yield sta13 tistically reliable information or the results 

14 would reveal personally identifiable information 

15 about an individual student. 

16 (4) NATIONAL REPRESENTATION.—The longitu17 dinal component authorized under paragraph (1) 

18 shall be nationally representative and include dif19 ferent geographic areas, including rural and urban 

20 localities. 

21 (b) PRIVACY LAWS.—In carrying out this section, the 

22 Secretary of Education, in coordination with the heads of 

23 other relevant Federal agencies, shall act in accordance 

24 with section 444 of the General Education Provisions Act 


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1 (20 U.S.C. 1232g, commonly known as the ‘‘Family Edu2 cational Rights and Privacy Act of 1974’’). 

3 (c) RELEASE OF SUMMARY OF FINDINGS.—Not later 

4 than 1 year after the end of the data collection under the 

5 longitudinal component authorized under subsection 

6 (a)(1), the Secretary of Education shall release a prelimi7 nary summary of findings from the longitudinal compo8 nent to the public. 

Æ 


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