Title: Put Students First Act of 2021
Policy area: Education

Summary:
Put Students First Act of 2021
This bill prohibits the Department of Education (ED) from providing certain FY2021 education funds or COVID-19 (i.e., coronavirus disease 2019) relief funds to an elementary or secondary school that does not offer in-person instruction by April 30, 2021. A school must forfeit or return these funds if it does not offer in-person instruction by that date.
Additionally, the bill outlines the use of forfeited and returned funds. A state may regain eligibility for these funds if it submits an implementation plan to ED that provides students with school choice options. If a state does not submit an implementation plan, then the funds must be provided as grants to states with the highest percentage of schools offering in-person instruction.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 211 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                 S. 211

     To prohibit the Secretary of Education from providing Federal 
elementary and secondary education funds for fiscal year 2021 or COVID-
 19 relief funds to an elementary school or secondary school that does 
                    not offer in-person instruction.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 3, 2021

 Mr. Rubio (for himself, Mr. Scott of Florida, Ms. Ernst, Mr. Cramer, 
Mr. Hagerty, Mrs. Blackburn, Mr. Daines, and Mr. Tillis) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
     To prohibit the Secretary of Education from providing Federal 
elementary and secondary education funds for fiscal year 2021 or COVID-
 19 relief funds to an elementary school or secondary school that does 
                    not offer in-person instruction.

    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 ``Put Students First Act of 2021''.

SEC. 2. PROHIBITION OF FEDERAL EDUCATION FUNDS FOR K-12 SCHOOLS THAT DO 
              NOT REOPEN.

    (a) In General.--Notwithstanding any other provision of law, 
beginning on the date of enactment of this Act, the Secretary of 
Education may not provide any Federal funds appropriated for fiscal 
year 2021 under the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6301 et seq.) or appropriated for COVID-19 relief, to an 
elementary school or secondary school that does not offer in-person 
instruction (either on a full-time basis or a hybrid basis with home 
learning) for all students enrolled in the school by not later than 
April 30, 2021.
    (b) Forfeit and Return of Funds.--
            (1) In general.--An elementary school or secondary school 
        that receives Federal funds appropriated for fiscal year 2021 
        under the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 6301 et seq.) or appropriated for COVID-19 relief on or 
        after the date of enactment of this Act that does not offer in-
        person instruction (either on a full-time basis or a hybrid 
        basis with home learning) for all students enrolled in the 
        school by not later than April 30, 2021, shall forfeit any 
        Federal funds appropriated for fiscal year 2021 that have not 
        been distributed and return any funds appropriated for COVID-19 
        relief on or after the date of enactment of this Act to the 
        Secretary of Education.
            (2) Use of forfeited and returned funds.--
                    (A) In general.--The Secretary of Education shall 
                use funds forfeited or returned under paragraph (1) to 
                provide States, in which schools described in paragraph 
                (1) operate, the option to receive funds to provide a 
                school choice option for students enrolled in schools 
                that do not offer in-person instruction. To be eligible 
                to receive such funds, a State shall submit to the 
                Secretary of Education, by not later than May 15, 2021, 
                an implementation plan to provide school choice options 
                for students who are enrolled in schools that do not 
                offer in-person instruction (either on a full-time 
                basis or a hybrid basis with home learning) for all 
                students enrolled in the schools.
                    (B) Grants to states with highest percentage of 
                schools offering in-person instruction.--If a State 
                described in subparagraph (A) does not submit an 
                implementation plan to the Secretary of Education by 
                not later than May 15, 2021, as described in 
                subparagraph (A), the funds available to such State 
                shall be provided as grants to States with the highest 
                percentage of local educational agencies in the State 
                serving schools that offer in-person instruction 
                (either on a full-time basis or a hybrid basis with 
                home learning).
    (c) Federally Funded School Lunch Program.--Nothing in this Act 
shall alter or preclude any eligibility, funding, or requirements under 
the school lunch program established under the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1751 et seq.).
    (d) Definitions.--In this Act, the terms ``elementary school'', 
``local educational agency'', and ``secondary school'' have the 
meanings given the terms in section 8101 of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7801).
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