Title: Reopen Our Schools Act
Policy area: Education

Summary:
Reopen Our Schools Act
This bill generally prohibits a school or educational agency from receiving certain federal funds unless it provides a certification to the Department of Education (ED) related to resuming in-person instruction.
Specifically, the bill prohibits an elementary or secondary school, institution of higher education, or local or state educational agency from receiving federal funds for the 2020-2021 school year unless the school or educational agency certifies to ED that it (1) will begin providing in-person instruction by September 8, 2020; and (2) has a detailed plan to protect the health of students and staff. However, ED may waive this requirement.
Further, neither a school or educational agency that provides such a certification nor its employees may be held liable for in-person instruction that results in an alleged exposure to the coronavirus (i.e., the virus that causes COVID-19 or another coronavirus with pandemic potential).

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7152 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 7152

   To prohibit the Secretary of Education from providing funding to 
 certain educational institutions unless the institutions return to in-
              person instruction, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 11, 2020

Mr. Banks (for himself and Mr. Tiffany) introduced the following bill; 
       which was referred to the Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
   To prohibit the Secretary of Education from providing funding to 
 certain educational institutions unless the institutions return to in-
              person instruction, 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 ``Reopen Our Schools Act''.

SEC. 2. PROHIBITION ON FUNDING FOR SCHOOLS FAILING TO PROVIDE IN-PERSON 
              INSTRUCTION.

    (a) Prohibition on Funding.--
            (1) In general.--With respect to academic year or school 
        year 2020-2021, no funds shall be made available under any 
        applicable program to an educational agency or institution 
        unless the educational agency or institution provides a 
        certification to the Secretary of Education that the 
        educational agency or institution--
                    (A) will begin providing in-person instruction not 
                later than September 8, 2020, and in a manner 
                substantially similar to that provided in previous 
                academic years or school years; and
                    (B) has a detailed plan in place to protect the 
                health of students and personnel.
            (2) Exception.--Paragraph (1) does not apply to any funds 
        (including loans made under part D of title IV of the Higher 
        Education Act of 1965) made available under any applicable 
        program that an educational agency or institution provides to a 
        student attending such agency or institution.
            (3) Waiver.--The Secretary may waive the requirements of 
        paragraph (1) with respect to an educational agency or 
        institution if the Secretary determines that doing so is in the 
        public interest.
    (b) Prohibition on Liability.--An educational agency or institution 
that provides a certification under subsection (a)(1), including 
personnel thereof, may not be held liable in any cause of action before 
a State or Federal court for any act or omission related to in-person 
instruction that results in an alleged exposure to coronavirus.
    (c) Definitions.--In this section:
            (1) Applicable program.--The term ``applicable program'' 
        has the meaning given such term in section 400(c) of the 
        General Education Provisions Act (20 U.S.C. 1221(c)).
            (2) Coronavirus.--The term ``coronavirus'' means SARS-CoV-2 
        or another coronavirus with pandemic potential.
            (3) Educational agency or institution.--The term 
        ``educational agency or institution'' means the following:
                    (A) An elementary school (as such term is defined 
                in section 8101 of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 7801)).
                    (B) A secondary school (as such term is defined in 
                such section 8101).
                    (C) An institution of higher education (as such 
                term is defined in section 101 of the Higher Education 
                Act of 1965 (20 U.S.C. 1001)).
                    (D) A local educational agency (as such term is 
                defined in such section 8101).
                    (E) A State educational agency (as such term is 
                defined in such section 8101).
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