Title: Reopen for Kids Act
Policy area: Education

Summary:
Reopen for Kids Act
This bill prohibits a local educational agency (LEA) from receiving additional COVID-19 (i.e., coronavirus disease 2019) relief funds while the LEA has remaining unobligated COVID-19 funds, unless the LEA submits and implements a plan to provide full-day, in-person instruction five days a week to all medically able students at its public schools.
An LEA may amend its plan for in-person instruction if it determines there is a significant rise in COVID-19 cases in the area in which it serves.
An LEA that fails to implement a plan within 14 days of approval must return funds to the state, and the state must return such funds to the Department of the Treasury.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 980 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                 S. 980

  To restrict funds to local educational agencies that have obligated 
    previously appropriated funds and reopen schools for in-person 
                               learning.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 25, 2021

  Mr. Hagerty introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
  To restrict funds to local educational agencies that have obligated 
    previously appropriated funds and reopen schools for in-person 
                               learning.

    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 for Kids Act''.

SEC. 2. FUNDING FOR REOPENING.

    (a) No New Funds Until Available Funds Are Obligated.--
Notwithstanding any other provision of law, no funds appropriated under 
part 1 of subtitle A of title II of the American Rescue Plan Act of 
2021 (Public Law 117-2) may be used to provide assistance to a local 
educational agency to prevent, prepare for, or respond to the 
coronavirus--
            (1) while funds awarded to such local educational agency 
        under the Elementary and Secondary School Emergency Relief Fund 
        or Governor's Emergency Education Relief Fund under title VIII 
        of division B of the CARES Act (Public Law 116-136) or title 
        III of the Coronavirus Response and Relief Supplemental 
        Appropriations Act, 2021 (Public Law 116-260) remain 
        unobligated; and
            (2) unless the local educational agency--
                    (A) submits a plan to the State educational agency 
                to provide full-day, in-person learning 5 days a week 
                for all students medically able to participate at all 
                public schools served by the local educational agency; 
                and
                    (B) fully implements such plan, except as provided 
                in subsection (b), not later than 14 days after the 
                date the State educational agency approves such plan.
    (b) Amendment to Reopening Plan.--
            (1) In general.--If a local educational agency determines 
        there is a significant rise in COVID cases in the area served 
        by the local educational agency after the plan described in 
        subsection (a)(2)(A) has been implemented, the local 
        educational agency may amend the plan.
            (2) Amendment.--An amendment under paragraph (1)--
                    (A) shall be approved by the Governor, in 
                consultation with the local school board;
                    (B) may include a short-term reversion to part-time 
                or full-time virtual learning, if warranted by a 
                significant rise in COVID cases in the area served by 
                the local educational agency; and
                    (C) shall specify a date by which, or conditions 
                under which, the local educational agency will return 
                to providing in-person learning as described in 
                subsection (a)(2)(A).
    (c) Return of Funds.--
            (1) In general.--A local educational agency that, as 
        determined by the State educational agency, fails to implement 
        the plan described in subsection (a)(2)(B) not later than 14 
        days after the date the State educational agency approves such 
        plan, shall return to the State--
                    (A) 75 percent of the funds received by the end of 
                the first 7 days the implementation of the plan is 
                delayed beyond the 14 days; and
                    (B) the remaining 25 percent of the funds received 
                by the end of the second 7 days the implementation of 
                the plan is delayed beyond the 14 days.
            (2) Coming into compliance.--Notwithstanding paragraph (1), 
        a local educational agency that implements the plan within 14 
        days of being in noncompliance shall be eligible to receive the 
        full amount under part 1 of subtitle A of title II of the 
        American Rescue Plan Act of 2021 (Public Law 117-2) for which 
        the agency is eligible.
            (3) Funds to be returned to treasury.--A State shall return 
        all funds returned to the State under paragraph (1) to the 
        general fund of the Department of the Treasury.
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