Put Students First Act of 2021

To prohibit the Secretary of Education from providing Federal elementary and secondary education funds for fiscal year 2021 or COVID–19 relief funds to an elementary school or secondary school that does not offer in-person instruction. 1. Short title This Act may be cited as the Put Students First Act of 2021 2. Prohibition of Federal education funds for K–12 schools that do not reopen (a) In general Notwithstanding any other provision of law, beginning on the date of enactment of this Act, the Secretary of Education may not provide any Federal funds appropriated for fiscal year 2021 under the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 (b) Forfeit and return of funds (1) In general An elementary school or secondary school that receives Federal funds appropriated for fiscal year 2021 under the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 (2) Use of forfeited and returned funds (A) In general The Secretary of Education shall use funds forfeited or returned under paragraph (1) to provide States, in which schools described in paragraph (1) operate, the option to receive funds to provide a school choice option for students enrolled in schools that do not offer in-person instruction. To be eligible to receive such funds, a State shall submit to the Secretary of Education, by not later than May 15, 2021, an implementation plan to provide school choice options for students who are enrolled in schools that do not offer in-person instruction (either on a full-time basis or a hybrid basis with home learning) for all students enrolled in the schools. (B) Grants to States with highest percentage of schools offering in-person instruction If a State described in subparagraph (A) does not submit an implementation plan to the Secretary of Education by not later than May 15, 2021, as described in subparagraph (A), the funds available to such State shall be provided as grants to States with the highest percentage of local educational agencies in the State serving schools that offer in-person instruction (either on a full-time basis or a hybrid basis with home learning). (c) Federally funded school lunch program Nothing in this Act shall alter or preclude any eligibility, funding, or requirements under the school lunch program established under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 (d) Definitions In this Act, the terms elementary school local educational agency secondary school 20 U.S.C. 7801

Summary: Put Students First Act of 2021 This bill prohibits the Department of Education (ED) from providing certain FY2021 education funds or COVID-19 (i.e., coronavirus disease 2019) relief funds to an elementary or secondary school that does not offer in-person instruction by April 30, 2021. A school must forfeit or return these funds if it does not offer in-person instruction by that date. Additionally, the bill outlines the use of forfeited and returned funds. A state may regain eligibility for these funds if it submits an implementation plan to ED that provides students with school choice options. If a state does not submit an implementation plan, then the funds must be provided as grants to states with the highest percentage of schools offering in-person instruction.