I 
116TH CONGRESS 
2D SESSION 
H. R. 8691 
To authorize the establishment of an Education Jobs Fund to retain and 
create education jobs in communities most impacted by COVID–19, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 27, 2020 
Mrs. HAYES (for herself, Mr. SABLAN, and Mr. SCOTT of Virginia) introduced 
the following bill; which was referred to the Committee on Education and 
Labor 
A BILL 
To authorize the establishment of an Education Jobs Fund 
to retain and create education jobs in communities most 
impacted by COVID–19, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Save Education Jobs 
Act’’. 
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(2) SUBSEQUENT YEARS.—Not later than 30 
days after the first day of the first fiscal year that 
begins after the date of the enactment of this Act 
and annually thereafter, from the amounts made 
available under subsection (a), the Secretary shall 
award grants in accordance with section 3. 
SEC. 3. GRANTS TO RETAIN AND CREATE EDUCATION JOBS. 
(a) ELIGIBILITY.— 
(1) NATIONAL ELIGIBILITY.— 
(A) FISCAL YEARS 2021 THROUGH 2026.— 
For fiscal years 2021 through 2026, each State 
educational agency that submits an application 
meeting the requirements under section 5 shall 
be eligible to receive a grant in accordance with 
this section for each such fiscal year. 
(B) FISCAL YEARS 2027 THROUGH 2030.— 
Except as provided in paragraph (2), for fiscal 
years 2027 through 2030, each State edu-
cational agency that submits an application 
meeting the requirements under section 5 shall 
be eligible to receive a grant in accordance with 
this section for each such fiscal year. 
(2) STATE EDUCATIONAL AGENCY ELIGIBILITY 
IN THE CASE OF NATIONAL UNEMPLOYMENT AVER-
AGE DECREASE.— 
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(A) FISCAL YEARS FOR WHICH NATIONAL 
ELIGIBILITY
DOES
NOT
APPLY.—Paragraph 
(1)(B) shall not apply with respect to a fiscal 
year described in such paragraph if during the 
period beginning on the first day of fiscal year 
2021 and ending on the last day of the fiscal 
year preceding such a fiscal year, the average 
rate of total unemployment in the Nation (sea-
sonally adjusted) for the period consisting of 
the most recent 3 consecutive months for which 
data for all States are published by the Bureau 
of Labor Statistics was less than or equal to 
5.5 percent. 
(B) STATE EDUCATIONAL AGENCY-BASED 
ELIGIBILITY.—In the case of a fiscal year de-
scribed in subparagraph (A), a State edu-
cational agency shall be eligible to receive a 
grant in accordance with this section for such 
fiscal year if— 
(i) such State educational agency sub-
mits an application meeting the require-
ments under section 5; and 
(ii) with respect to each month occur-
ring in the fiscal year preceding such fiscal 
year, the average rate of total unemploy-
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ment in the State (seasonally adjusted) for 
the period consisting of the most recent 3 
consecutive months for which data are 
published by the Bureau of Labor Statis-
tics was greater than 5.5 percent. 
(3) OUTLYING AREA AND BUREAU OF INDIAN 
EDUCATION ELIGIBILITY.— 
(A) FISCAL YEARS 2021 THROUGH 2026.— 
For fiscal years 2021 through 2026, each out-
lying area and program operated or funded by 
the Bureau of Indian Education shall be eligible 
to receive a grant in accordance with this sec-
tion for each such fiscal year. 
(B) FISCAL YEARS 2027 THROUGH 2030.— 
Except as provided in subparagraph (C), for 
fiscal years 2027 through 2030, each outlying 
area and program operated or funded by the 
Bureau of Indian Education shall be eligible to 
receive a grant in accordance with this section 
for each such fiscal year. 
(C) EXCEPTION.—Subparagraph (B) shall 
not apply with respect to a fiscal year described 
in such subparagraph if during the period be-
ginning on the first day of fiscal year 2021 and 
ending on the last day of the fiscal year pre-
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ceding such a fiscal year, the average rate of 
total unemployment in the Nation (seasonally 
adjusted) for the period consisting of the most 
recent 3 consecutive months for which data for 
all States are published by the Bureau of Labor 
Statistics was less than or equal to 3.5 percent. 
(b) ALLOCATION OF GRANT FUNDS.— 
(1) ALLOCATION TO OUTLYING AREAS AND BU-
REAU OF INDIAN EDUCATION.— 
(A) RESERVATION.—Subject to subsection 
(a)(3), from the amount made available under 
section 2(a) for a fiscal year, the Secretary 
shall reserve— 
(i) an amount equal to 1⁄2 of 1 percent 
for allocations to the outlying areas in ac-
cordance with subparagraph (B); and 
(ii) an amount equal to 1⁄2 of 1 per-
cent for allocations to programs operated 
or funded by the Bureau of Indian Edu-
cation in accordance with subparagraph 
(C). 
(B) OUTLYING AREAS.—From the amount 
made available under subparagraph (A)(i) for a 
fiscal year, the Secretary shall allocate to each 
outlying area a grant that bears the same pro-
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portion to such amount as the amount the out-
lying area received under part A of title I of the 
Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6311 et seq.) for the pre-
ceding fiscal year bears to the amount all out-
lying areas received under such part for the 
preceding fiscal year. 
(C) PROGRAMS OPERATED OR FUNDED BY 
THE
BUREAU
OF
INDIAN
EDUCATION.—From 
the amount made available under subparagraph 
(A)(ii) for a fiscal year, the Secretary shall, in 
consultation with the Secretary of the Interior, 
allocate to each program operated or funded by 
the Bureau of Indian Education a grant that 
bears the same proportion to such amount as 
the amount the program operated or funded by 
the Bureau of Indian Education received under 
part A of title I of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 6311 
et seq.) for the preceding fiscal year bears to 
the amount all programs operated or funded by 
the Bureau of Indian Education received under 
such part for the preceding fiscal year. 
(2) ALLOCATION
TO
STATE
EDUCATIONAL 
AGENCIES.—From the amount made available under 
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section 2(a) for a fiscal year remaining after the res-
ervation under paragraph (1)(A), the Secretary shall 
allocate to each State educational agency that is eli-
gible under subsection (a) a grant that bears the 
same proportion to such amount as the amount the 
State educational agency received under part A of 
title I of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6311 et seq.) for the pre-
ceding fiscal year bears to the amount all State edu-
cational agencies received under such part for the 
preceding fiscal year. 
(c) RESERVATION BY STATE EDUCATIONAL AGEN-
CY.— 
(1) IN GENERAL.—Of the amounts allocated to 
a State educational agency under subsection (b)(2) 
for a fiscal year, such State educational agency may 
reserve not more than 5 percent— 
(A) for administrative costs of carrying out 
subgrants under subsection (d); 
(B) for the costs of retaining or creating 
positions in the State educational agency re-
lated to the administration or support of early 
childhood, public elementary, public secondary, 
or public postsecondary education; and 
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(C) to implement evidence-based strategies 
to ensure that low-income students and minor-
ity children enrolled in schools assisted under 
this section are not served at disproportionate 
rates by ineffective, out-of-field, or inexperi-
enced 
teachers, 
as 
described 
in 
section 
1111(g)(1)(B) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 
6311(g)(1)(B)). 
(2) PROHIBITED USE OF FUNDS.—None of the 
funds reserved by a State educational agency under 
paragraph (1) may be used by such State edu-
cational agency to carry out an activity described in 
paragraphs (1) through (5) of section 4(c). 
(d) SUBGRANTS
TO LOCAL EDUCATIONAL AGEN-
CIES.—Of the amounts allocated to a State educational 
agency under subsection (b)(2) for a fiscal year and re-
maining after such State educational agency reserves 
funds under subsection (c)(1), such State educational 
agency shall allocate to each local educational agency in 
the State a grant that bears the same proportion to such 
amount as the amount the local educational agency re-
ceived under part A of title I of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 6311 et seq.) 
for the preceding fiscal year bears to the amount all local 
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educational agencies in the State received under such part 
for the preceding fiscal year. 
SEC. 4. USE OF FUNDS. 
(a) REQUIRED USE OF FUNDS.—A local educational 
agency that receives a subgrant under section 3(d) shall 
use not less than 90 percent of the subgrant funds for 
compensation and benefits and other expenses, such as 
support services, necessary to retain existing employees, 
to recall or rehire former employees, and to hire new em-
ployees, in order to provide early childhood, elementary, 
or secondary educational related services. 
(b) PERMISSIBLE USE
OF FUNDS.—A local edu-
cational agency that receives a subgrant under section 
3(d) may use not more than 10 percent of such subgrant 
funds for any of the following: 
(1) Training, which may include high-quality 
residency, mentoring and induction programs, and 
professional development. 
(2) Salary increases to cover extended days or 
school years for instruction and enrichment to make 
up for students’ lost instructional time due to 
COVID–19 and to ensure all students have access to 
a well-rounded education and the supports needed to 
succeed. 
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(3) Salary increases to cover increased work-
days to provide intensive professional learning and 
educator planning opportunities, including through 
professional learning communities. 
(4) Except as provided in subsection (c)(2), in-
centives, such as loan forgiveness, service scholarship 
programs, fee reimbursement for costs associated 
with obtaining advanced or additional teacher certifi-
cation, or increased salaries, for teachers to teach in 
high-need schools and in high-need fields such as 
special education. 
(5) To develop, maintain, or expand partnership 
programs with teacher preparation programs in in-
stitutions of higher education that target high-need 
fields, high-need schools, and diverse candidates to 
expand the pipeline into the teaching profession. 
(6) Developing teacher leadership roles in high- 
need schools. 
(c) PROHIBITED USE
OF FUNDS.—A local edu-
cational agency that receives a subgrant under section 
3(d) may not use such subgrant funds— 
(1) for general administrative expenses or for 
other support services expenditures (as such terms 
are defined on the date of the enactment of this Act 
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in the Common Core of Data of the National Center 
for Education Statistics); 
(2) to provide increased salaries or bonuses re-
lated to on-the-job performance; 
(3) directly or indirectly, to— 
(A) establish, restore, or supplement a 
rainy-day fund; 
(B) supplant State funds in a manner that 
has the effect of establishing, restoring, or 
supplementing a rainy-day fund; 
(C) reduce or retire debt obligations in-
curred by the State; or 
(D) supplant State funds in a manner that 
has the effect of reducing or retiring debt obli-
gations incurred by the State; 
(4) to meet the requirements under section 
1117 or 8501 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6320; 20 U.S.C. 
7881); or 
(5) to support private schools, through employ-
ment, services, vouchers, tax-credit scholarships, or 
savings accounts for students to attend private ele-
mentary or secondary schools, or other means. 
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SEC. 5. APPLICATIONS. 
(a) IN GENERAL.—A State educational agency seek-
ing to receive a grant under this Act shall provide to the 
Secretary an application that includes the following: 
(1) An assurance that the State educational 
agency will develop and implement a monitoring plan 
that will enable the State educational agency to en-
sure that local educational agencies in such State 
comply with all applicable programmatic and fiscal 
requirements, including with the use of funds re-
quirements under section 4. 
(2) An assurance that the State educational 
agency will support local educational agencies in tar-
geting funding provided under this Act to high-need 
schools and to support subgroups of students, in-
cluding low-income students, students with disabil-
ities, English learners, minority children, students 
experiencing homelessness, children or youth in fos-
ter care, migrant children, students involved with 
the juvenile justice system, or children at risk for 
academic failure. 
(3) An assurance that the funds received under 
this Act will be used to supplement the level of Fed-
eral, State, and local public funds that would, in the 
absence of such Federal funds provided under this 
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Act, be used to support public elementary and public 
secondary education and not supplant such funds. 
(4) An assurance that the State educational 
agency and local educational agencies in such State 
will provide the reports required under section 7. 
(5) An assurance that the State educational 
agency will provide the local educational agencies in 
such State with the technical assistance and support 
needed to help avoid unanticipated spending cliffs. 
(6) An assurance that the State educational 
agency will take action to ensure that low-income 
students and minority children enrolled in schools 
assisted under this section are not served at dis-
proportionate rates by ineffective, out-of-field, or in-
experienced 
teachers, 
as 
described 
in 
section 
1111(g)(1)(B) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6311(g)(1)(B)). 
(7) An assurance the State educational agency 
will meet the maintenance of effort and equity re-
quirements under section 6. 
(b) NO FURTHER INFORMATION OR ASSURANCES.— 
The Secretary may not require information or assurances 
in addition to the information and assurances required 
under subsection (a) and section 6 unless such information 
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or assurance is necessary to determine compliance with 
this Act. 
SEC. 6. MAINTENANCE OF EFFORT AND EQUITY. 
(a) STATE EDUCATIONAL AGENCY MAINTENANCE OF 
EFFORT.—As a condition of receiving a grant under this 
Act for a fiscal year, a State educational agency shall pro-
vide to the Secretary an assurance that such State edu-
cational agency will, in such fiscal year, provide support 
for public elementary and public secondary education, in-
cluding current and capital spending, that bears the same 
proportion to the overall State budget for such fiscal year 
as the average amount of such support for school years 
2017–2018 and 2018–2019 bears to the average overall 
State budget for the fiscal years applicable to such school 
years. 
(b) MAINTENANCE OF EQUITY.— 
(1) STATE
EDUCATIONAL
AGENCY
MAINTE-
NANCE
OF
EQUITY
FOR
HIGH-NEED
LOCAL
EDU-
CATIONAL AGENCIES.—As a condition of receiving a 
grant under this Act for a fiscal year, a State edu-
cational agency shall provide to the Secretary an as-
surance that if any per-pupil reduction in State 
funding occurs in such fiscal year for any high-need 
local educational agency in the State, it shall not be 
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more than the overall per-pupil reduction in State 
funds. 
(2) STATE
EDUCATIONAL
AGENCY
MAINTE-
NANCE
OF
EQUITY
FOR
SCHOOLS
WITH
HIGHEST 
SHARE
OF
ECONOMICALLY
DISADVANTAGED
STU-
DENTS.—As a condition of receiving a grant under 
this Act for a fiscal year, a State educational agency 
shall provide to the Secretary an assurance that the 
State educational agency will not reduce State fund-
ing below fiscal year 2019 levels for the 20 percent 
of local educational agencies in the State with the 
highest share of economically disadvantaged stu-
dents. 
(3) LOCAL
EDUCATIONAL
AGENCY
MAINTE-
NANCE OF EQUITY FOR HIGH-POVERTY SCHOOLS.— 
As a condition of receiving a subgrant under this 
Act for a fiscal year, a local educational agency shall 
provide to the State educational agency an assur-
ance that— 
(A) if any per-pupil reduction in local edu-
cational agency funding occurs in such fiscal 
year for any high-poverty school served by the 
local educational agency, it shall not be more 
than the overall per-pupil reduction in local 
educational agency funds; and 
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(B) the local educational agency will not 
reduce staffing in any high-poverty school in an 
amount that is greater than— 
(i) the total reduction in staffing in all 
schools served by the local educational 
agency, divided by 
(ii) the total enrollment in such local 
educational agency. 
SEC. 7. REPORTING REQUIREMENTS. 
(a) REPORTING REQUIREMENTS.— 
(1) IN GENERAL.—Not later than 60 days after 
the date of enactment of this Act, and annually for 
each subsequent year for which funds are made 
available under this Act, the Secretary shall submit 
a report to the Committee on Health, Education, 
Labor, and Pensions of the Senate, the Committee 
on Appropriations of the Senate, the Committee on 
Education and Labor of the House of Representa-
tives, and the Committee on Appropriations of the 
House of Representatives that includes the following 
information: 
(A) The outlying areas to which the Sec-
retary allocated funds under this Act. 
(B) The outlying areas to which the Sec-
retary did not allocate funds under this Act. 
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(C) The amounts allocated to each outlying 
area under this Act. 
(D) The programs operated or funded by 
the Bureau of Indian Education to which the 
Secretary, in consultation with the Secretary of 
the Interior, allocated funds. 
(E) The programs operated or funded by 
the Bureau of Indian Education to which the 
Secretary, in consultation with the Secretary of 
the Interior, did not allocate funds. 
(F) The amount allocated to each program 
operated or funded by the Bureau of Indian 
Education. 
(G) The amount allocated to each State 
educational agency under this Act. 
(H) A summary of the reports the Sec-
retary received under subsections (b) and (c). 
(2) PUBLICATION.—The Secretary shall make 
each report submitted under paragraph (1) publicly 
available on the website of the Department of Edu-
cation. 
(b) STATE EDUCATIONAL AGENCY REPORTING.— 
Not later than 6 months after the disbursement of sub-
grants and annually for each subsequent year for which 
funds are made available under this Act, a State edu-
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cational agency that receives a grant under this Act shall 
submit a report to the Secretary that includes the fol-
lowing information: 
(1) The number and percentage of educator 
and other staff positions that are eliminated or left 
unfilled in the State (as reported on the annual re-
port card under paragraph (1) or (2) of section 
1111(h) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6311(h))), included 
in the aggregate and disaggregated by: 
(A) High-poverty local education agencies 
and schools compared to low-poverty local edu-
cation agencies and schools. 
(B) Local educational agencies and schools 
serving the highest number and percentage of 
minority children compared to local education 
agencies and schools serving the fewest number 
and percent of minority children. 
(2) The number and percentage of teaching po-
sitions that are eliminated or left unfilled in the 
State (as reported on the annual report card under 
paragraph (1) or (2) of section 1111(h) of the Ele-
mentary and Secondary Education Act of 1965 (20 
U.S.C. 6311(h))), included in the aggregate and 
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disaggregated by the following characteristics of the 
teacher who previously held the position: 
(A) Race and ethnicity. 
(B) Certification status (full-certification 
or provisional certification). 
(C) Teachers in the first 2 years of teach-
ing. 
(D) Teachers with 3 or more years of 
teaching experience. 
(E) If determined appropriate by the State 
educational agency, the most recent effective-
ness rating with respect to such teacher. 
(3) The percentage of funds under this Act re-
served under section 3(c) and how such funds were 
spent. 
(4) A summary of the activities for which the 
subgrants were used in the State. 
(5) A summary of how the State educational 
agency ensured State funding for the 20 percent of 
local educational agencies in the State with the high-
est share of economically disadvantaged students re-
mained at or above fiscal year 2019 levels. 
(6) A summary of how the State educational 
agency supported local educational agencies in 
prioritizing subgrants to meet the needs of low-in-
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come students, students with disabilities, English 
learners, minority children, students experiencing 
homeless, children and youth in foster care, migrant 
children, students involved with the juvenile justice 
system, and children at risk for academic failure. 
(7) The amount allocated by the State edu-
cational agency to each local educational agency. 
(8) A description of grant outcomes, including 
the extent to which teacher shortages in high-need- 
fields in high-needs schools remain. 
(9) A summary of the reports the State edu-
cational agency received under subsection (d). 
(c) FISCAL ACCOUNTABILITY.—Not later than 60 
days after a State educational agency receives funds under 
this Act, and annually for each subsequent year for which 
funds are made available under this Act thereafter, such 
State educational agency shall submit to the Secretary the 
following: 
(1) The number of full-time equivalent employ-
ees by category prior to receiving the funds under 
this Act and the number of full-time equivalent em-
ployees by category after receiving such funds. 
(2) The most current applicable maintenance of 
effort data available to demonstrate compliance with 
section 6(a). 
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