Title: Keep Schools Open Act
Policy area: Education

Summary:
Keep Schools Open Act
This bill generally prohibits federal education funding for elementary or secondary schools, local or state educational agencies, or institutions of higher education (IHEs) that do not provide in-person instruction.
Specifically, the bill prohibits a school, educational agency, or IHE from receiving federal education funds unless the school, educational agency, or IHE (1) demonstrates to the Department of Education (ED) that it provides in-person instruction to students, and (2) certifies to ED that it will not discontinue in-person instruction for students due to COVID-19. This prohibition does not apply to a school, educational agency, or IHE that provides distance education or other virtual instruction to students in the regular course of its operations for reasons that are unrelated to COVID-19.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6564 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 6564

 To require educational agencies and institutions to provide in-person 
 instruction to students as a condition of receiving Federal education 
                     funds, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 2, 2022

 Mr. Green of Tennessee (for himself, Mr. DesJarlais, Mr. Fleischmann, 
   Mrs. Miller of Illinois, Mr. Tiffany, Mrs. Boebert, Mr. Budd, Mr. 
 Mooney, Mr. Weber of Texas, Mr. Bishop of North Carolina, Ms. Tenney, 
and Ms. Mace) introduced the following bill; which was referred to the 
                    Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
 To require educational agencies and institutions to provide in-person 
 instruction to students as a condition of receiving Federal education 
                     funds, 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 ``Keep Schools Open Act''.

SEC. 2. PROHIBITION ON FEDERAL FUNDING FOR EDUCATIONAL AGENCIES AND 
              INSTITUTIONS THAT DO NOT PROVIDE IN-PERSON INSTRUCTION.

    (a) In General.--Beginning on the date of the enactment of this Act 
and subject to subsection (b), no Federal education funds may be 
provided to an educational agency or institution unless the educational 
agency or institution--
            (1) demonstrates to the Secretary of Education that the 
        agency or institution provides in-person instruction to 
        students; and
            (2) certifies to the Secretary that the agency or 
        institution will not discontinue in-person instruction for 
        students due to COVID-19.
    (b) Exception.--The prohibition in subsection (a) shall not apply 
to an educational agency or institution that provides distance 
education or other virtual instruction to students in the regular 
course of operations for reasons unrelated to COVID-19.
    (c) Definitions.--In this section:
            (1) 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) A local educational agency (as such term is 
                defined in such section 8101).
                    (D) A State educational agency (as such term is 
                defined in such section 8101).
                    (E) 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)).
            (2) The term ``Federal education funds'' means any funds 
        made available--
                    (A) under the Elementary and Secondary Education 
                Act of 1965 (20 U.S.C. 6301 et seq.);
                    (B) under the Higher Education Act of 1965 (20 
                U.S.C. 1001 et seq.); or
                    (C) for purposes relating to education under any 
                other provision of Federal law.
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