I 

117TH CONGRESS 

1ST SESSION H. R. 676 

To establish a learning recovery grant program and fund the Institute of 

Education Sciences for certain purposes, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 1, 2021 

Mr. SCOTT of Virginia (for himself, Ms. LEGER FERNANDEZ, Mr. SABLAN, 

Mr. POCAN, Ms. WILD, Mrs. HAYES, Mr. JONES, Mr. LEVIN of Michigan, 

Ms. BONAMICI, and Mr. DESAULNIER) introduced the following bill; 

which was referred to the Committee on Education and Labor 

A BILL 

To establish a learning recovery grant program and fund 

the Institute of Education Sciences for certain purposes, 

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 ‘‘Learning Recovery Act 

5 of 2021’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) IN GENERAL.—Except as otherwise pro9 vided, a term used in this Act that is defined in secVerDate Sep 11 2014 22:55 Feb 21, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H676.IH H676

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1 tion 8101 of the Elementary and Secondary Edu2 cation Act of 1965 (20 U.S.C. 7801) has the mean3 ing given the term in such section. 

4 (2) ECONOMICALLY DISADVANTAGED STU5 DENT.—The term ‘‘economically disadvantaged stu6 dent’’ as used in this Act is used in the same man7 ner as such term is used in the Elementary and Sec8 ondary Education Act of 1965 (20 U.S.C. 6301 et 

9 seq.). 

10 (3) HIGH-POVERTY LOCAL EDUCATIONAL AGEN11 CY.—The term ‘‘high-poverty local educational agen12 cy’’ means, with respect to a local educational agen13 cy in a State, a local educational agency that serves 

14 a higher percentage of economically disadvantaged 

15 students than the local educational agency that 

16 serves the median percentage of economically dis17 advantaged students, based on the percentages of 

18 economically disadvantaged students served by all 

19 local educational agencies in such State. 

20 (4) HIGH-POVERTY SCHOOL.—The term ‘‘high21 poverty school’’ means, with respect to a school 

22 served by a local educational agency, a school that 

23 serves a higher percentage of economically disadvan24 taged students than a school that serves the median 

25 percentage of economically disadvantaged students, 


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1 based on the percentages of economically disadvan2 taged students at all schools served by such local 

3 educational agency. 

4 (5) MISSING STUDENT.—The term ‘‘missing 

5 student’’, used with respect to a local educational 

6 agency, means a student— 

7 (A) who was enrolled in a school served by 

8 the local educational agency in the most re9 cently completed school year; and 

10 (B) who— 

11 (i) has been chronically absent from a 

12 school served by the local educational agen13 cy at any time during the COVID–19 pan14 demic; or 

15 (ii) with respect to the school year for 

16 which funds are being allocated to such 

17 local educational agency under this Act, 

18 has neither reenrolled in such a school nor 

19 has reported moving to a different school 

20 system. 

21 (6) OVERALL PER-PUPIL REDUCTION IN STATE

22 FUNDS.—The term ‘‘overall per-pupil reduction in 

23 State funds’’ means, with respect to a fiscal year— 

24 (A) the amount of any reduction in the 

25 total amount of State funds provided to all local 


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1 educational agencies in the State in such fiscal 

2 year compared to the total amount of such 

3 funds provided to all local educational agencies 

4 in the State in the previous fiscal year; divided 

5 by 

6 (B) the aggregate number of children in 

7 average daily attendance in all schools served 

8 by all local educational agencies in the State in 

9 the fiscal year for which the determination is 

10 being made. 

11 (7) SCHOOL EXTENSION PROGRAM.—The term 

12 ‘‘school extension program’’ means an evidence13 based comprehensive program (such as a summer 

14 school, extended day, or extended school year pro15 gram) at an elementary school or secondary school 

16 that provides for learning time, at any point in the 

17 calendar year, that is— 

18 (A) in addition to the minimum number of 

19 school days and hours required by State law for 

20 such elementary school or secondary school; 

21 (B) a minimum of 3 weeks of school or the 

22 equivalent of 120 hours; and 

23 (C) a maximum of 10 weeks of school or 

24 the equivalent of 400 hours. 


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1 (8) VULNERABLE STUDENTS.—The term ‘‘vul2 nerable students’’ includes the following students: 

3 (A) A student with disabilities. 

4 (B) A low-income student. 

5 (C) An English learner. 

6 (D) A minority student. 

7 (E) A student experiencing homelessness. 

8 (F) A migrant student. 

9 (G) A student in foster care. 

10 (H) A student involved with the juvenile 

11 justice system. 

12 TITLE I—REACHING STUDENTS 

13 AND MEETING UNFINISHED 

14 LEARNING NEEDS 

15 SEC. 101. PROGRAM AUTHORIZED. 

16 (a) RESERVATIONS.—From the amount appropriated 

17 under section 106 for a fiscal year, the Secretary shall 

18 reserve— 

19 (1) one-half of 1 percent for allotments for the 

20 outlying areas, in proportion to the relative amount 

21 such outlying areas received under part A of title I 

22 of the Elementary and Secondary Education Act of 

23 1965 (20 U.S.C. 6311 et seq.) for the preceding fis24 cal year; and 


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1 (2) one-half of 1 percent for the Secretary of 

2 the Interior, in consultation with the Secretary of 

3 Education, for programs under this title in schools 

4 operated or funded by the Bureau of Indian Edu5 cation. 

6 (b) STATE ALLOTMENTS.— 

7 (1) IN GENERAL.—From the amount appro8 priated under section 106 (and not reserved under 

9 subsection (a)), the Secretary shall allot grants to 

10 State educational agencies with an approved applica11 tion under section 102 in proportion to the relative 

12 amount the States of such agencies received under 

13 part A of title I of the Elementary and Secondary 

14 Education Act of 1965 (20 U.S.C. 6311 et seq.) for 

15 the preceding fiscal year. 

16 (2) REALLOTMENT.—If a State educational 

17 agency does not receive a grant under this title for 

18 a fiscal year, the Secretary shall reallot the amount 

19 of the grant to the remaining State educational 

20 agencies in accordance with paragraph (1). 

21 (3) STATE RESERVATIONS.—A State edu22 cational agency receiving a grant under this sub23 section may reserve up to 5 percent of such grant 

24 for State level activities described under section 

25 102(c), of which not more than 1 percent may be 


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1 used for administrative purposes related to such ac2 tivities. 

3 (c) LOCAL ALLOCATIONS.—After making a reserva4 tion under subsection (b)(3), a State educational agency 

5 shall allocate the remaining grant amount received under 

6 this section to local educational agencies in the State with 

7 an approved application under section 103 in proportion 

8 to the relative amount such local educational agencies re9 ceived under part A of title I of the Elementary and Sec10 ondary Education Act of 1965 (20 U.S.C. 6311 et seq.) 

11 for the preceding fiscal year. 

12 SEC. 102. STATE APPLICATION AND ACTIVITIES. 

13 (a) SECRETARIAL REQUIREMENTS.—The Secretary 

14 shall— 

15 (1) not later than 15 days after the date of en16 actment of this Act, issue a notice for applications; 

17 and 

18 (2) not later than 15 days after receipt of an 

19 application, approve or deny such application. 

20 (b) STATE APPLICATION.—To receive a grant under 

21 section 101(b), a State educational agency shall submit 

22 an application to the Secretary at such time, in such man23 ner, and requiring such information as the Secretary may 

24 reasonably require. Such application shall— 


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1 (1) describe how the State educational agency 

2 will use funds reserved under section 101(b)(3) to 

3 support local educational agencies receiving alloca4 tions under section 101(c) from the State edu5 cational agency; 

6 (2) provide an assurance that the State edu7 cational agency, and each local educational agency 

8 receiving an allocation under section 101(c) from 

9 such State educational agency— 

10 (A) will meet the requirements of section 

11 105; and 

12 (B) will widely inform the public by post13 ing on its website information on the avail14 ability of each school extension program to be 

15 funded with such allocation in an easily under16 standable format and in multiple languages 

17 that parents can understand, to the extent 

18 practicable; 

19 (3) provide a description of the application the 

20 State educational agency will use under section 103 

21 for local educational agencies to receive allocations; 

22 and 

23 (4) provide an assurance that the State edu24 cational agency will meet the maintenance of effort, 

25 maintenance of equity, and supplement, not supplant 


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1 requirements in subsections (d) through (f), respec2 tively. 

3 (c) STATE ACTIVITIES.—From funds reserved under 

4 section 101(b)(3), a State educational agency— 

5 (1) shall— 

6 (A) provide technical assistance to local 

7 educational agencies receiving an allotment 

8 under section 101(c), with a priority for such 

9 local educational agencies that serve— 

10 (i) high percentages of low-income 

11 children; and 

12 (ii) high concentrations of students 

13 who have been negatively or disproportion14 ately affected (academically, socially, and 

15 emotionally) by the pandemic and school 

16 closures; 

17 (B) support local educational agencies in 

18 coordinating with a designated regional edu19 cational laboratory (as described in section 174 

20 of the Education Sciences Reform Act of 2002 

21 (20 U.S.C. 9564)) to effectively use data and 

22 evidence-based strategies to address learning re23 covery needs for students with disabilities, mi24 nority children, English learners, and low-in25 come students; 


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1 (C) monitor the use of funds received by 

2 local educational agencies receiving allocations 

3 under section 101(c); and 

4 (D) collect and analyze the data described 

5 under section 104 from such local educational 

6 agencies; and 

7 (2) may support existing activities to combat 

8 learning loss due to COVID–19 as long as such ac9 tivities meet the applicable requirements of this title. 

10 (d) STATE MAINTENANCE OF EFFORT.—A State 

11 educational agency receiving a grant under this title shall 

12 maintain support for elementary and secondary education 

13 for the fiscal year for which such grant is received at least 

14 at the proportional levels of such State’s support for ele15 mentary and secondary education relative to such State’s 

16 overall spending, averaged over fiscal years 2017, 2018, 

17 and 2019. 

18 (e) STATE MAINTENANCE OF EQUITY.— 

19 (1) HIGH-POVERTY LOCAL EDUCATIONAL AGEN20 CIES.—For a fiscal year in which a State edu21 cational agency receives a grant under section 

22 101(b), in a case in which a per-pupil reduction in 

23 State funding occurs for any high-poverty local edu24 cational agency in the State, such reduction may not 

25 exceed the overall per-pupil reduction in State funds, 


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1 if any, across all local educational agencies in such 

2 State in such fiscal year. 

3 (2) LOCAL EDUCATIONAL AGENCIES WITH THE

4 HIGHEST SHARE OF ECONOMICALLY DISADVAN5 TAGED STUDENTS.—For the fiscal year in which a 

6 State educational agency receives a grant under sec7 tion 101(b), the State educational agency may not 

8 reduce State funding for the 20 percent of local edu9 cational agencies in the State with the highest per10 centage of economically disadvantaged students 

11 (based on the percentages of economically disadvan12 taged students served by all local educational agen13 cies in the State) below the level of funding provided 

14 to such local educational agencies in fiscal year 

15 2019. 

16 (f) SUPPLEMENT, NOT SUPPLANT.—Funds made 

17 available to State educational agencies under this title 

18 shall be used to supplement, and not supplant, other Fed19 eral and non-Federal funds that would otherwise be used 

20 for activities authorized under this title. 

21 SEC. 103. LOCAL APPLICATION AND ACTIVITIES. 

22 (a) LOCAL APPLICATION.—To receive an allocation 

23 under section 101(c), a local educational agency shall sub24 mit an application to the applicable State educational 

25 agency at such time, in such manner, and requiring such 


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1 information as the State educational agency may reason2 ably require. Such application shall— 

3 (1) describe how the local educational agency 

4 will use funds to locate missing students and re5 engage the students and their families with the 

6 school community; 

7 (2) describe how the local educational agency 

8 plans to facilitate family engagement to address con9 cerns about student learning, social-emotional well10 being, and COVID–19 safety; 

11 (3) describe how the local educational agency 

12 plans to diagnose, measure, and reduce unfinished 

13 learning among students, including vulnerable stu14 dents; 

15 (4) describe how the local educational agency 

16 plans to implement evidence-based interventions and 

17 strategies that meet the requirements of section 

18 8101(21)(A)(i) of the Elementary and Secondary 

19 Education Act of 1965 (25 U.S.C. 7801(21)(A)(i)) 

20 to address unfinished learning as a result of the 

21 COVID–19 pandemic; 

22 (5) provide an assurance that the local edu23 cational agency will carry out a school extension pro24 gram; 


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1 (6) describe such program, including the provi2 sion of evidence-based, intensive tutoring services for 

3 students; 

4 (7) provide an assurance that the local edu5 cational agency will seek public input on the design 

6 and implementation of such program; 

7 (8) provide an assurance that the local edu8 cational agency will not charge a student or the stu9 dent’s family for participation in such school exten10 sion program; 

11 (9) provide an assurance that the local edu12 cational agency will meet the requirements of sub13 section (d); 

14 (10) provide an assurance that the local edu15 cational agency will establish protocols for program 

16 operation related to the COVID–19 pandemic, as 

17 applicable; and 

18 (11) provide a description of how the local edu19 cational agency will operationalize the assurance de20 scribed in paragraph (10), including— 

21 (A) how staff will be trained in imple22 menting such protocols; and 

23 (B) how the school day will be restructured 

24 due to such protocols, including through— 

25 (i) reduced class size; 


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1 (ii) split scheduling; 

2 (iii) staggered meal times or locations; 

3 (iv) changes in school bus routes, and 

4 more frequent bus routes (with the utiliza5 tion of additional bus drivers); and 

6 (v) special considerations necessary 

7 for students who are medically at-risk. 

8 (b) LOCAL USES.— 

9 (1) REQUIRED USES.—A local educational 

10 agency that receives an allocation under section 

11 101(c) shall use such allocation to carry out the fol12 lowing: 

13 (A) Planning and implementation of not 

14 less than 1 school extension program at a 

15 school served by the local educational agency, 

16 ensuring that the increased learning time pro17 vided through such program focuses on vulner18 able students. 

19 (B) Supporting salaries and benefits of 

20 school leaders, teachers, counselors, paraprofes21 sionals, and other support staff involved with 

22 the school extension program. 

23 (C) Planning and implementing attendance 

24 intervention strategies that reengage, rather 

25 than punish, students and families within the 


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1 school community, including, to the extent prac2 ticable— 

3 (i) public service announcements; and 

4 (ii) utilizing languages understood by 

5 such families in addition to English. 

6 (D) Planning and implementing strategies 

7 to reengage and monitor student reengagement 

8 during the school extension program. 

9 (2) ALLOWABLE USES.—A local educational 

10 agency that receives an allocation under section 

11 101(c) may use such allocation to carry out the fol12 lowing: 

13 (A) Administering and using high-quality 

14 assessments that are valid and reliable to accu15 rately assess students’ academic progress and 

16 assist educators in meeting students’ academic 

17 needs, including through differentiating instruc18 tion. 

19 (B) Providing professional development to 

20 educators, paraprofessionals, and other staff on 

21 how to— 

22 (i) use assessments to individualize 

23 academic instruction; 


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1 (ii) modify instruction and scheduling 

2 to accelerate students’ academic progress; 

3 and 

4 (iii) address the social, emotional, and 

5 learning needs of vulnerable students, 

6 which may be in coordination with a re7 gional educational laboratory or the State 

8 educational agency. 

9 (3) Providing opportunities for evidence-based 

10 intensive tutoring services for students as part of a 

11 school extension program described in the local edu12 cational agency’s application, including by estab13 lishing or expanding partnerships with evidenced14 based tutoring interventions. 

15 (4) Providing social, emotional, and mental 

16 health related supports, including services provided 

17 by school counselors. 

18 (5) Implementing universal screenings for ad19 verse childhood experiences and trauma and imple20 menting interventions in response to such 

21 screenings. 

22 (6) Increasing student engagement in school 

23 through the establishment or reestablishment of 

24 well-rounded educational opportunities such as 

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1 grams, and reestablishing nonprofit and after-school 

2 programs that promote student engagement and 

3 learning. 

4 (7) Implementing culturally responsive prac5 tices. 

6 (8) Covering overhead costs associated with 

7 keeping school buildings open, if such school build8 ings would not otherwise be open. 

9 (9) Covering the costs of student transportation 

10 (in addition to any previously existing student trans11 portation costs). 

12 (10) Providing for technology to support learn13 ing for students and teachers participating in school 

14 extension programs. 

15 (11) Supporting existing activities to combat 

16 learning loss due to COVID–19 as long as such ac17 tivities meet the applicable requirements of this title. 

18 (c) PRIORITY FOR SERVICES.— 

19 (1) IN GENERAL.—In selecting schools at which 

20 to carry out the activities described in section 

21 103(b), a local educational agency shall give priority 

22 to the following schools: 

23 (A) An elementary school or secondary 

24 school that participated in a schoolwide pro25 gram under section 1114 of the Elementary 


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1 and Secondary Education Act of 1965 (20 

2 U.S.C. 6314) during school year 2019–2020. 

3 (B) A high school in which the percentage 

4 of children from low-income families is at least 

5 as high as the percentage of children from low6 income families served by the local educational 

7 agency as a whole during school year 2019– 

8 2020 at elementary schools and secondary 

9 schools that do not meet the requirements of 

10 subparagraph (A). 

11 (2) MEASURE OF POVERTY IN SECONDARY

12 SCHOOLS.—In measuring the number of students in 

13 low-income families in secondary schools for pur14 poses of paragraph (1)(B), a local educational agen15 cy shall use the measure of poverty described in sec16 tion 1113(a)(5)(B)(ii) of the Elementary and Sec17 ondary Education of 1965 (20 U.S.C. 

18 6313(a)(5)(B)(ii)), except that the local educational 

19 agency shall not be required to meet the conditions 

20 of section 1113(a)(5)(C) of such Act (20 U.S.C. 

21 6313(a)(5)(C)) to use such measure. 

22 (3) MEASURE OF POVERTY IN ELEMENTARY

23 SCHOOLS.—In measuring the number of students in 

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1 cy shall use the measure of poverty described in sec2 tion 1113(a)(5)(A) of the Elementary and Sec3 ondary Education Act of 1965 (20 U.S.C. 

4 6313(a)(5)(A)). 

5 (d) MAINTENANCE OF EQUITY FOR HIGH-POVERTY

6 SCHOOLS.—With respect to the fiscal year in which a local 

7 educational agency receives an allocation under section 

8 101(c)— 

9 (1) in a case in which a per-pupil reduction in 

10 local educational agency funding occurs for such fis11 cal year for any high-poverty school served by such 

12 local educational agency, such reduction may not ex13 ceed— 

14 (A) the total reduction in local educational 

15 agency funding for all schools served by the 

16 local educational agency in such fiscal year (if 

17 any); divided by 

18 (B) the aggregate number of children in 

19 average daily attendance in all schools served 

20 by the local educational agency in such fiscal 

21 year; and 

22 (2) the local educational agency may not reduce 

23 per-pupil staffing in any high-poverty school by an 

24 amount that exceeds— 


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1 (A) the total reduction in staffing in all 

2 schools served by such local educational agency 

3 in such fiscal year (if any); divided by 

4 (B) the aggregate number of children in 

5 average daily attendance in all schools served 

6 by the local educational agency in such fiscal 

7 year. 

8 SEC. 104. REPORTING REQUIREMENTS. 

9 (a) LOCAL EDUCATIONAL AGENCY.— 

10 (1) IN GENERAL.—Not later than 1 year after 

11 receiving an allocation under section 101(b), and for 

12 each succeeding year thereafter, a local educational 

13 agency shall report to the State educational agency 

14 on the information described in paragraph (2). 

15 (2) CONTENTS.—Each report under paragraph 

16 (1) shall include the following information, disaggre17 gated in accordance with paragraph (3)— 

18 (A) The number of students served in a 

19 school extension program funded under this 

20 title. 

21 (B) The number of missing students— 

22 (i) who reenrolled at a school served 

23 by the local educational agency; and 

24 (ii) who did not reenroll at a school 

25 served by the local educational agency. 


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1 (C) Which schools served by such agency 

2 received services under a school extension pro3 gram funded under this title. 

4 (D) The attendance and learning recovery 

5 interventions implemented (including social and 

6 emotional services) and how the interventions 

7 supported students with disabilities, minority 

8 children, English learners, and low-income stu9 dents. 

10 (E) Any student performance data from 

11 assessments prior to the implementation of a 

12 school extension program, and after the imple13 mentation of such program. 

14 (3) DISAGGREGATION.— 

15 (A) IN GENERAL.—Subject to subpara16 graph (B), the information provided under sub17 paragraphs (A) through (C) of paragraph (2) 

18 shall be disaggregated by each of the following 

19 subgroups: 

20 (i) Each major racial and ethnic 

21 group. 

22 (ii) Economically disadvantaged stu23 dents as compared to students who are not 

24 economically disadvantaged. 

25 (iii) Disability status. 


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1 (iv) English proficiency status. 

2 (v) Gender. 

3 (vi) Migrant status. 

4 (vii) Homeless status. 

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

6 (B) EXCEPTION.—The disaggregation in 

7 subparagraph (A) shall not be required in the 

8 case in which the number of students in a sub9 group would reveal personally identifiable infor10 mation about an individual student. 

11 (b) STATE REPORT TO THE SECRETARY.— 

12 (1) STATE EDUCATIONAL AGENCY.—Each State 

13 educational agency receiving funds under this title 

14 shall, on an annual basis, compile, summarize, pre15 pare, and submit a report on the information re16 ported to the State educational agency to the Sec17 retary. 

18 (2) SECRETARY.— 

19 (A) IN GENERAL.—The Secretary shall 

20 summarize and compile the reports submitted 

21 under paragraph (1). 

22 (B) REPORT.—The Secretary shall submit 

23 to Congress, and make publicly available, the 

24 summary and compilation described in subpara25 graph (A). 


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1 SEC. 105. COLLECTIVE BARGAINING APPLICABILITY. 

2 Nothing in this Act shall be construed to alter or oth3 erwise affect the rights, remedies, and procedures afforded 

4 school or local educational agency employees under Fed5 eral, State, or local laws (including applicable regulations 

6 or court orders) or under the terms of collective bar7 gaining agreements, memoranda of understanding, or 

8 other agreements between such employees and their em9 ployers. 

10 SEC. 106. AUTHORIZATION OF APPROPRIATIONS. 

11 There are authorized to be appropriated 

12 $37,500,000,000 for each of fiscal years 2021 and 2022 

13 to carry out this title. 

14 TITLE II—INSTITUTE OF 

15 EDUCATION SCIENCES 

16 SEC. 201. IN GENERAL. 

17 The Director of the Institute of Education Sciences 

18 shall— 

19 (1) not later than 30 days after the date of en20 actment of this Act, begin to study interventions and 

21 strategies to address learning recovery for all stu22 dents, including students with disabilities, minority 

23 children, English learners, and low-income students; 

24 and 


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1 (2) disseminate, when available, the findings to 

2 State educational agencies, local educational agen3 cies, and other appropriate entities. 

4 SEC. 202. AUTHORIZATION OF APPROPRIATIONS. 

5 There are authorized to be appropriated such sums 

6 as may be necessary for fiscal years 2021 and 2022 to 

7 carry out this title, which shall remain available through 

8 September 30, 2023. 

Æ 


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