Learning Recovery Act of 2021

To establish a learning recovery grant program and fund the Institute of Education Sciences for certain purposes, and for other purposes. 1. Short title This Act may be cited as the Learning Recovery Act of 2021 2. Definitions In this Act: (1) In general Except as otherwise provided, a term used in this Act that is defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 (2) Economically disadvantaged student The term economically disadvantaged student 20 U.S.C. 6301 (3) High-poverty local educational agency The term high-poverty local educational agency (4) High-poverty school The term high-poverty school (5) Missing student The term missing student (A) who was enrolled in a school served by the local educational agency in the most recently completed school year; and (B) who— (i) has been chronically absent from a school served by the local educational agency at any time during the COVID–19 pandemic; or (ii) with respect to the school year for which funds are being allocated to such local educational agency under this Act, has neither reenrolled in such a school nor has reported moving to a different school system. (6) Overall per-pupil reduction in State funds The term overall per-pupil reduction in State funds (A) the amount of any reduction in the total amount of State funds provided to all local educational agencies in the State in such fiscal year compared to the total amount of such funds provided to all local educational agencies in the State in the previous fiscal year; divided by (B) the aggregate number of children in average daily attendance in all schools served by all local educational agencies in the State in the fiscal year for which the determination is being made. (7) School extension program The term school extension program (A) in addition to the minimum number of school days and hours required by State law for such elementary school or secondary school; (B) a minimum of 3 weeks of school or the equivalent of 120 hours; and (C) a maximum of 10 weeks of school or the equivalent of 400 hours. (8) Vulnerable students The term vulnerable students (A) A student with disabilities. (B) A low-income student. (C) An English learner. (D) A minority student. (E) A student experiencing homelessness. (F) A migrant student. (G) A student in foster care. (H) A student involved with the juvenile justice system. I Reaching Students and Meeting Unfinished Learning Needs 101. Program authorized (a) Reservations From the amount appropriated under section 106 for a fiscal year, the Secretary shall reserve— (1) one-half of 1 percent for allotments for the outlying areas, in proportion to the relative amount such outlying areas received under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 (2) one-half of 1 percent for the Secretary of the Interior, in consultation with the Secretary of Education, for programs under this title in schools operated or funded by the Bureau of Indian Education. (b) State allotments (1) In general From the amount appropriated under section 106 (and not reserved under subsection (a)), the Secretary shall allot grants to State educational agencies with an approved application under section 102 in proportion to the relative amount the States of such agencies received under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 (2) Reallotment If a State educational agency does not receive a grant under this title for a fiscal year, the Secretary shall reallot the amount of the grant to the remaining State educational agencies in accordance with paragraph (1). (3) State reservations A State educational agency receiving a grant under this subsection may reserve up to 5 percent of such grant for State level activities described under section 102(c), of which not more than 1 percent may be used for administrative purposes related to such activities. (c) Local allocations After making a reservation under subsection (b)(3), a State educational agency shall allocate the remaining grant amount received under this section to local educational agencies in the State with an approved application under section 103 in proportion to the relative amount such local educational agencies received under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 102. State application and activities (a) Secretarial requirements The Secretary shall— (1) not later than 15 days after the date of enactment of this Act, issue a notice for applications; and (2) not later than 15 days after receipt of an application, approve or deny such application. (b) State application To receive a grant under section 101(b), a State educational agency shall submit an application to the Secretary at such time, in such manner, and requiring such information as the Secretary may reasonably require. Such application shall— (1) describe how the State educational agency will use funds reserved under section 101(b)(3) to support local educational agencies receiving allocations under section 101(c) from the State educational agency; (2) provide an assurance that the State educational agency, and each local educational agency receiving an allocation under section 101(c) from such State educational agency— (A) will meet the requirements of section 105; and (B) will widely inform the public by posting on its website information on the availability of each school extension program to be funded with such allocation in an easily understandable format and in multiple languages that parents can understand, to the extent practicable; (3) provide a description of the application the State educational agency will use under section 103 for local educational agencies to receive allocations; and (4) provide an assurance that the State educational agency will meet the maintenance of effort, maintenance of equity, and supplement, not supplant requirements in subsections (d) through (f), respectively. (c) State activities From funds reserved under section 101(b)(3), a State educational agency— (1) shall— (A) provide technical assistance to local educational agencies receiving an allotment under section 101(c), with a priority for such local educational agencies that serve— (i) high percentages of low-income children; and (ii) high concentrations of students who have been negatively or disproportionately affected (academically, socially, and emotionally) by the pandemic and school closures; (B) support local educational agencies in coordinating with a designated regional educational laboratory (as described in section 174 of the Education Sciences Reform Act of 2002 ( 20 U.S.C. 9564 (C) monitor the use of funds received by local educational agencies receiving allocations under section 101(c); and (D) collect and analyze the data described under section 104 from such local educational agencies; and (2) may support existing activities to combat learning loss due to COVID–19 as long as such activities meet the applicable requirements of this title. (d) State maintenance of effort A State educational agency receiving a grant under this title shall maintain support for elementary and secondary education for the fiscal year for which such grant is received at least at the proportional levels of such State’s support for elementary and secondary education relative to such State’s overall spending, averaged over fiscal years 2017, 2018, and 2019. (e) State maintenance of equity (1) High-poverty local educational agencies For a fiscal year in which a State educational agency receives a grant under section 101(b), in a case in which a per-pupil reduction in State funding occurs for any high-poverty local educational agency in the State, such reduction may not exceed the overall per-pupil reduction in State funds, if any, across all local educational agencies in such State in such fiscal year. (2) Local educational agencies with the highest share of economically disadvantaged students For the fiscal year in which a State educational agency receives a grant under section 101(b), the State educational agency may not reduce State funding for the 20 percent of local educational agencies in the State with the highest percentage of economically disadvantaged students (based on the percentages of economically disadvantaged students served by all local educational agencies in the State) below the level of funding provided to such local educational agencies in fiscal year 2019. (f) Supplement, not supplant Funds made available to State educational agencies under this title shall be used to supplement, and not supplant, other Federal and non-Federal funds that would otherwise be used for activities authorized under this title. 103. Local application and activities (a) Local application To receive an allocation under section 101(c), a local educational agency shall submit an application to the applicable State educational agency at such time, in such manner, and requiring such information as the State educational agency may reasonably require. Such application shall— (1) describe how the local educational agency will use funds to locate missing students and reengage the students and their families with the school community; (2) describe how the local educational agency plans to facilitate family engagement to address concerns about student learning, social-emotional well-being, and COVID–19 safety; (3) describe how the local educational agency plans to diagnose, measure, and reduce unfinished learning among students, including vulnerable students; (4) describe how the local educational agency plans to implement evidence-based interventions and strategies that meet the requirements of section 8101(21)(A)(i) of the Elementary and Secondary Education Act of 1965 ( 25 U.S.C. 7801(21)(A)(i) (5) provide an assurance that the local educational agency will carry out a school extension program; (6) describe such program, including the provision of evidence-based, intensive tutoring services for students; (7) provide an assurance that the local educational agency will seek public input on the design and implementation of such program; (8) provide an assurance that the local educational agency will not charge a student or the student’s family for participation in such school extension program; (9) provide an assurance that the local educational agency will meet the requirements of subsection (d); (10) provide an assurance that the local educational agency will establish protocols for program operation related to the COVID–19 pandemic, as applicable; and (11) provide a description of how the local educational agency will operationalize the assurance described in paragraph (10), including— (A) how staff will be trained in implementing such protocols; and (B) how the school day will be restructured due to such protocols, including through— (i) reduced class size; (ii) split scheduling; (iii) staggered meal times or locations; (iv) changes in school bus routes, and more frequent bus routes (with the utilization of additional bus drivers); and (v) special considerations necessary for students who are medically at-risk. (b) Local uses (1) Required uses A local educational agency that receives an allocation under section 101(c) shall use such allocation to carry out the following: (A) Planning and implementation of not less than 1 school extension program at a school served by the local educational agency, ensuring that the increased learning time provided through such program focuses on vulnerable students. (B) Supporting salaries and benefits of school leaders, teachers, counselors, paraprofessionals, and other support staff involved with the school extension program. (C) Planning and implementing attendance intervention strategies that reengage, rather than punish, students and families within the school community, including, to the extent practicable— (i) public service announcements; and (ii) utilizing languages understood by such families in addition to English. (D) Planning and implementing strategies to reengage and monitor student reengagement during the school extension program. (2) Allowable uses A local educational agency that receives an allocation under section 101(c) may use such allocation to carry out the following: (A) Administering and using high-quality assessments that are valid and reliable to accurately assess students’ academic progress and assist educators in meeting students’ academic needs, including through differentiating instruction. (B) Providing professional development to educators, paraprofessionals, and other staff on how to— (i) use assessments to individualize academic instruction; (ii) modify instruction and scheduling to accelerate students’ academic progress; and (iii) address the social, emotional, and learning needs of vulnerable students, which may be in coordination with a regional educational laboratory or the State educational agency. (3) Providing opportunities for evidence-based intensive tutoring services for students as part of a school extension program described in the local educational agency’s application, including by establishing or expanding partnerships with evidenced-based tutoring interventions. (4) Providing social, emotional, and mental health related supports, including services provided by school counselors. (5) Implementing universal screenings for adverse childhood experiences and trauma and implementing interventions in response to such screenings. (6) Increasing student engagement in school through the establishment or reestablishment of well-rounded educational opportunities such as music and fine arts programming, athletics programs, and reestablishing nonprofit and after-school programs that promote student engagement and learning. (7) Implementing culturally responsive practices. (8) Covering overhead costs associated with keeping school buildings open, if such school buildings would not otherwise be open. (9) Covering the costs of student transportation (in addition to any previously existing student transportation costs). (10) Providing for technology to support learning for students and teachers participating in school extension programs. (11) Supporting existing activities to combat learning loss due to COVID–19 as long as such activities meet the applicable requirements of this title. (c) Priority for services (1) In general In selecting schools at which to carry out the activities described in section 103(b), a local educational agency shall give priority to the following schools: (A) An elementary school or secondary school that participated in a schoolwide program under section 1114 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6314 (B) A high school in which the percentage of children from low-income families is at least as high as the percentage of children from low-income families served by the local educational agency as a whole during school year 2019–2020 at elementary schools and secondary schools that do not meet the requirements of subparagraph (A). (2) Measure of poverty in secondary schools In measuring the number of students in low-income families in secondary schools for purposes of paragraph (1)(B), a local educational agency shall use the measure of poverty described in section 1113(a)(5)(B)(ii) of the Elementary and Secondary Education of 1965 ( 20 U.S.C. 6313(a)(5)(B)(ii) 20 U.S.C. 6313(a)(5)(C) (3) Measure of poverty in elementary schools In measuring the number of students in low-income families in elementary schools for purposes of paragraph (1)(B), a local educational agency shall use the measure of poverty described in section 1113(a)(5)(A) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6313(a)(5)(A) (d) Maintenance of equity for high-Poverty schools With respect to the fiscal year in which a local educational agency receives an allocation under section 101(c)— (1) in a case in which a per-pupil reduction in local educational agency funding occurs for such fiscal year for any high-poverty school served by such local educational agency, such reduction may not exceed— (A) the total reduction in local educational agency funding for all schools served by the local educational agency in such fiscal year (if any); divided by (B) the aggregate number of children in average daily attendance in all schools served by the local educational agency in such fiscal year; and (2) the local educational agency may not reduce per-pupil staffing in any high-poverty school by an amount that exceeds— (A) the total reduction in staffing in all schools served by such local educational agency in such fiscal year (if any); divided by (B) the aggregate number of children in average daily attendance in all schools served by the local educational agency in such fiscal year. 104. Reporting requirements (a) Local educational agency (1) In general Not later than 1 year after receiving an allocation under section 101(b), and for each succeeding year thereafter, a local educational agency shall report to the State educational agency on the information described in paragraph (2). (2) Contents Each report under paragraph (1) shall include the following information, dis­ag­gre­gat­ed in accordance with paragraph (3)— (A) The number of students served in a school extension program funded under this title. (B) The number of missing students— (i) who reenrolled at a school served by the local educational agency; and (ii) who did not reenroll at a school served by the local educational agency. (C) Which schools served by such agency received services under a school extension program funded under this title. (D) The attendance and learning recovery interventions implemented (including social and emotional services) and how the interventions supported students with disabilities, minority children, English learners, and low-income students. (E) Any student performance data from assessments prior to the implementation of a school extension program, and after the implementation of such program. (3) Disaggregation (A) In general Subject to subparagraph (B), the information provided under subparagraphs (A) through (C) of paragraph (2) shall be disaggregated by each of the following subgroups: (i) Each major racial and ethnic group. (ii) Economically disadvantaged students as compared to students who are not economically disadvantaged. (iii) Disability status. (iv) English proficiency status. (v) Gender. (vi) Migrant status. (vii) Homeless status. (viii) Status as a child in foster care. (B) Exception The disaggregation in subparagraph (A) shall not be required in the case in which the number of students in a subgroup would reveal personally identifiable information about an individual student. (b) State report to the Secretary (1) State educational agency Each State educational agency receiving funds under this title shall, on an annual basis, compile, summarize, prepare, and submit a report on the information reported to the State educational agency to the Secretary. (2) Secretary (A) In general The Secretary shall summarize and compile the reports submitted under paragraph (1). (B) Report The Secretary shall submit to Congress, and make publicly available, the summary and compilation described in subparagraph (A). 105. Collective Bargaining Applicability Nothing in this Act shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded school or local educational agency employees under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers. 106. Authorization of appropriations There are authorized to be appropriated $37,500,000,000 for each of fiscal years 2021 and 2022 to carry out this title. II Institute of Education Sciences 201. In general The Director of the Institute of Education Sciences shall— (1) not later than 30 days after the date of enactment of this Act, begin to study interventions and strategies to address learning recovery for all students, including students with disabilities, minority children, English learners, and low-income students; and (2) disseminate, when available, the findings to State educational agencies, local educational agencies, and other appropriate entities. 202. Authorization of Appropriations There are authorized to be appropriated such sums as may be necessary for fiscal years 2021 and 2022 to carry out this title, which shall remain available through September 30, 2023.

Summary: Learning Recovery Act of 2021 This bill establishes a program through which the Department of Education must award grants to state educational agencies and, through them, allocations to local educational agencies (LEAs) to provide students with additional learning time and related services. It also directs the Institute of Education Sciences (IES) to study and report on learning recovery. Specifically, LEAs must use funds to implement attendance-intervention strategies that reengage students and their families, support salaries and benefits for teachers and staff, and carry out school extension programs. School extension program refers to an evidence-based program (e.g., summer-school, extended-day, or extended-school-year program) at an elementary or secondary school that provides students with additional learning time. Further, LEAs may use funds for certain activities such as providing students with mental health services, reestablishing after-school programs, and supporting existing activities to combat learning loss due to the COVID-19 (i.e., coronavirus disease 2019) pandemic. The IES must, within 30 days, begin to study interventions and strategies to address learning recovery for all students, including students with disabilities, minority children, English learners, and low-income students. Further, the IES must disseminate findings to educational agencies.