Learning Recovery Act of 2021
Bill: H.R.676 | Sponsor: Rep. Scott, Robert C. "Bobby" (D-VA)
Policy area: Education

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.

To establish a learning recovery grant program and fund the Institute 
  of Education Sciences for certain purposes, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

     This Act may be cited as the ``Learning Recovery Act of 2021''.

SEC. 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) has the 
        meaning given the term in such section.
            (2) Economically disadvantaged student.--The term 
        ``economically disadvantaged student'' as used in this Act is 
        used in the same manner as such term is used in the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).
            (3) High-poverty local educational agency.--The term 
        ``high-poverty local educational agency'' means, with respect 
        to a local educational agency in a State, a local educational 
        agency that serves a higher percentage of economically 
        disadvantaged students than the local educational agency that 
        serves the median percentage of economically disadvantaged 
        students, based on the percentages of economically 
        disadvantaged students served by all local educational agencies 
        in such State.
            (4) High-poverty school.--The term ``high-poverty school'' 
        means, with respect to a school served by a local educational 
        agency, a school that serves a higher percentage of 
        economically disadvantaged students than a school that serves 
        the median percentage of economically disadvantaged students, 
        based on the percentages of economically disadvantaged students 
        at all schools served by such local educational agency.
            (5) Missing student.--The term ``missing student'', used 
        with respect to a local educational agency, means a 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'' means, with 
        respect to a fiscal year--
                    (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'' means an evidence-based comprehensive program (such 
        as a summer school, extended day, or extended school year 
        program) at an elementary school or secondary school that 
        provides for learning time, at any point in the calendar year, 
        that is--
                    (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'' 
        includes the following 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.

    TITLE I--REACHING STUDENTS AND MEETING UNFINISHED LEARNING NEEDS

SEC. 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 et seq.) for 
        the preceding fiscal year; and
            (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 et seq.) for the preceding fiscal year.
            (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 et seq.) for the preceding fiscal year.

SEC. 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)) 
                to effectively use data and evidence-based strategies 
                to address learning recovery needs for students with 
                disabilities, minority children, English learners, and 
                low-income students;
                    (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.

SEC. 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)) 
        to address unfinished learning as a result of the COVID-19 
        pandemic;
            (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) during school year 2019-2020.
                    (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)), except that the local 
        educational agency shall not be required to meet the conditions 
        of section 1113(a)(5)(C) of such Act (20 U.S.C. 6313(a)(5)(C)) 
        to use such measure.
            (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.

SEC. 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).

SEC. 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.

SEC. 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.

               TITLE II--INSTITUTE OF EDUCATION SCIENCES

SEC. 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.

SEC. 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.
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