Reopen Our Schools Act

To prohibit the Secretary of Education from providing funding to certain educational institutions unless the institutions return to in-person instruction, and for other purposes. 1. Short title This Act may be cited as the Reopen Our Schools Act 2. Prohibition on funding for schools failing to provide in-person instruction (a) Prohibition on funding (1) In general With respect to academic year or school year 2020–2021, no funds shall be made available under any applicable program to an educational agency or institution unless the educational agency or institution provides a certification to the Secretary of Education that the educational agency or institution— (A) will begin providing in-person instruction not later than September 8, 2020, and in a manner substantially similar to that provided in previous academic years or school years; and (B) has a detailed plan in place to protect the health of students and personnel. (2) Exception Paragraph (1) does not apply to any funds (including loans made under part D of title IV of the Higher Education Act of 1965) made available under any applicable program that an educational agency or institution provides to a student attending such agency or institution. (3) Waiver The Secretary may waive the requirements of paragraph (1) with respect to an educational agency or institution if the Secretary determines that doing so is in the public interest. (b) Prohibition on liability An educational agency or institution that provides a certification under subsection (a)(1), including personnel thereof, may not be held liable in any cause of action before a State or Federal court for any act or omission related to in-person instruction that results in an alleged exposure to coronavirus. (c) Definitions In this section: (1) Applicable program The term applicable program 20 U.S.C. 1221(c) (2) Coronavirus The term coronavirus (3) Educational agency or institution The term educational agency or institution (A) An elementary school (as such term is defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 (B) A secondary school (as such term is defined in such section 8101). (C) An institution of higher education (as such term is defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 (D) A local educational agency (as such term is defined in such section 8101). (E) A State educational agency (as such term is defined in such section 8101).

Summary: Reopen Our Schools Act This bill generally prohibits a school or educational agency from receiving certain federal funds unless it provides a certification to the Department of Education (ED) related to resuming in-person instruction. Specifically, the bill prohibits an elementary or secondary school, institution of higher education, or local or state educational agency from receiving federal funds for the 2020-2021 school year unless the school or educational agency certifies to ED that it (1) will begin providing in-person instruction by September 8, 2020; and (2) has a detailed plan to protect the health of students and staff. However, ED may waive this requirement. Further, neither a school or educational agency that provides such a certification nor its employees may be held liable for in-person instruction that results in an alleged exposure to the coronavirus (i.e., the virus that causes COVID-19 or another coronavirus with pandemic potential).