Reopen for Kids Act

To restrict funds to local educational agencies that have obligated previously appropriated funds and reopen schools for in-person learning. 1. Short title This Act may be cited as the Reopen for Kids Act 2. Funding for reopening (a) No new funds until available funds are obligated Notwithstanding any other provision of law, no funds appropriated under part 1 of subtitle A of title II of the American Rescue Plan Act of 2021 ( Public Law 117–2 (1) while funds awarded to such local educational agency under the Elementary and Secondary School Emergency Relief Fund or Governor’s Emergency Education Relief Fund under title VIII of division B of the CARES Act ( Public Law 116–136 Public Law 116–260 (2) unless the local educational agency— (A) submits a plan to the State educational agency to provide full-day, in-person learning 5 days a week for all students medically able to participate at all public schools served by the local educational agency; and (B) fully implements such plan, except as provided in subsection (b), not later than 14 days after the date the State educational agency approves such plan. (b) Amendment to reopening plan (1) In general If a local educational agency determines there is a significant rise in COVID cases in the area served by the local educational agency after the plan described in subsection (a)(2)(A) has been implemented, the local educational agency may amend the plan. (2) Amendment An amendment under paragraph (1)— (A) shall be approved by the Governor, in consultation with the local school board; (B) may include a short-term reversion to part-time or full-time virtual learning, if warranted by a significant rise in COVID cases in the area served by the local educational agency; and (C) shall specify a date by which, or conditions under which, the local educational agency will return to providing in-person learning as described in subsection (a)(2)(A). (c) Return of funds (1) In general A local educational agency that, as determined by the State educational agency, fails to implement the plan described in subsection (a)(2)(B) not later than 14 days after the date the State educational agency approves such plan, shall return to the State— (A) 75 percent of the funds received by the end of the first 7 days the implementation of the plan is delayed beyond the 14 days; and (B) the remaining 25 percent of the funds received by the end of the second 7 days the implementation of the plan is delayed beyond the 14 days. (2) Coming into compliance Notwithstanding paragraph (1), a local educational agency that implements the plan within 14 days of being in noncompliance shall be eligible to receive the full amount under part 1 of subtitle A of title II of the American Rescue Plan Act of 2021 ( Public Law 117–2 (3) Funds to be returned to treasury A State shall return all funds returned to the State under paragraph (1) to the general fund of the Department of the Treasury.

Summary: Reopen for Kids Act This bill prohibits a local educational agency (LEA) from receiving additional COVID-19 (i.e., coronavirus disease 2019) relief funds while the LEA has remaining unobligated COVID-19 funds, unless the LEA submits and implements a plan to provide full-day, in-person instruction five days a week to all medically able students at its public schools. An LEA may amend its plan for in-person instruction if it determines there is a significant rise in COVID-19 cases in the area in which it serves. An LEA that fails to implement a plan within 14 days of approval must return funds to the state, and the state must return such funds to the Department of the Treasury.