II 117th CONGRESS 2d Session S. 3849 IN THE SENATE OF THE UNITED STATES March 16, 2022 Mr. Murphy (for himself, Mr. Blumenthal , and Mr. Booker ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Elementary and Secondary Education Act to expand the Magnet Schools Assistance Program.

1. Short title This Act may be cited as the Magnet Schools Accessibility, Growth, and Nonexclusionary Enrollment Transformation Act of 2022 or the MAGNET Act of 2022 . 2. Findings Congress finds the following: (1) Studies have found that the academic benefits of attending integrated schools for students of color include— (A) higher achievement in mathematics, science, language, and reading; (B) school climates supportive of learning and studying; (C) increased likelihood of graduating from high school and entering and graduating from college; (D) higher income and educational attainment; and (E) increased access to highly qualified teachers and leaders who are less likely to transfer to other schools. (2) The benefits of integrated schools extend to all students regardless of race or socioeconomic background. On average, students in socioeconomically and racially diverse schools have stronger academic outcomes than students in schools with concentrated poverty. Students in diverse schools have higher test scores, are more likely to enroll in college, and are less likely to drop out. Integrated schools help reduce racial bias and counter stereotypes, as well as foster friendships across diverse groups, improve students’ satisfaction and self-confidence, and enhance leadership skills. (3) Students of color attending schools that are highly segregated by race and poverty are deprived of the benefits of integrated education. These schools are characterized by resource inequities that translate into large proportions of inexperienced and underprepared educators and a lack of rigorous coursework, which have negative consequences for students’ academic outcomes as measured by performance on standardized achievement tests and high school graduation rates. (4) A 2019 study of every school district in the United States found that higher racial segregation contributes to a greater magnitude of achievement gaps in 3rd grade, and increases the rate at which gaps grow from 3rd to 8th grade, for students of color. (5) A 2016 Government Accountability Office analysis found that a growing percentage of public elementary schools and secondary schools in the Nation are hypersegregated, with 90 percent or more Black and Latino student populations and students from low-income families. (6) A study reviewing 8 years of data from all United States school districts found that racial segregation appears to undermine achievement, in part, because it concentrates minority students in high-poverty schools, which are, on average, less effective than lower-poverty schools and tend to be under-resourced. (7) Research shows that students’ exposure to other students from different backgrounds and the new ideas and opportunities that such exposure brings leads to improved critical thinking and problem-solving skills. Other benefits of attending diverse schools include increased civic participation in a diverse global economy and increased likelihood of living in integrated neighborhoods and holding jobs in integrated workplaces as adults. (8) Magnet schools have been effective in promoting school diversity, especially when district demographics along with magnet school design, structure, and focus (particularly the centering of school integration in the school mission and the design for family outreach) are a priority. 3. Purpose The purpose of this Act is to amend the Magnet Schools Assistance Program under part D of title IV of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7231 et seq. )— (1) to create a supplemental diversity grant for aspiring magnet school programs to adopt effective practices designed to further desegregation aims and promote diversity; and (2) to supplement voluntary State efforts to promote inter-district diversity. 4. Amendments to magnet schools assistance program Part D of title IV of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7231 et seq. ) is amended— (1) in section 4404, in the matter preceding paragraph (1), by inserting (except as provided under section 4408A) after under this part ; (2) in section 4405, in subsection (a), by inserting (except as provided under section 4408A) after under this part ; (3) in section 4406— (A) in the matter preceding paragraph (1)— (i) by striking In awarding and inserting the following: (a) In general In awarding ; and (ii) by inserting (except as provided under section 4408A) after under this part ; (B) by striking (3); (C) by redesignating paragraph (4) as paragraph (3); (D) in paragraph (3), as redesignated by subparagraph (C), by striking the period at the end and inserting ; and ; and (E) by adding at the end the following: (4) propose to establish whole-school magnet schools through proposing to design and implement schools that incorporate integration into school design, mission, structure, focus, and goals, over the placement of a specialized magnet program in a non-magnet public school; (5) propose to newly implement or continue the implementation of inter-district public school choice programs, and propose magnet schools constructed or placed in a location that optimizes diversity and accessibility to transportation for low-income students; (6) propose to improve the diversity and performance of the local educational agency, consortium of local educational agencies, or State as a whole versus focusing on improvements confined to an individual school; or (7) propose to design and implement inclusive enrollment practices, such as utilizing weighted lotteries and other inclusive and accessible practices that are consistent with the latest research and evidence-based practices identified by the Secretary. (b) Priority for meeting multiple criteria In awarding grants under this part, the Secretary shall give additional priority to applicants that meet more than 1 criterion under subsection (a). ; (4) in section 4407— (A) in subsection (a), in the matter preceding paragraph (1), by inserting (except as provided under section 4408A) after under this part ; (B) in subsection (b), by inserting (except as provided under section 4408A) after under this part ; and (C) by adding at the end the following: (c) Technical assistance for novice or first-Time applicants (1) In general An eligible local educational agency, or consortium of such agencies, that is a novice or first-time applicant for a grant under this part and receives a grant under this part may use not more than 1 percent of the grant funds for technical assistance in implementing the magnet school plan. (2) Definition of novice In this subsection, the term novice , when used with respect to an applicant, means as applicant that applied for a grant under this part previously but did not receive such a grant. ; (5) in section 4408— (A) in subsection (b), by inserting (except as provided under section 4408A) after under this part ; (B) in subsection (c), by inserting (except as provided under section 4408A) after under this part ; and (C) in subsection (d), by inserting (except as provided under section 4408A) after under this part ; and (6) by striking section 4409 and inserting the following: 4409. Authorization of appropriations; reservation (a) Authorization There are authorized to be appropriated to carry out this part such sums as may be necessary for fiscal years 2022 through 2025. (b) Use of funding From the total amount appropriated under subsection (a) for any fiscal year, the Secretary shall expend not less than $109,000,000 to carry out this part, except for section 4408A. The Secretary may use any amounts appropriated under subsection (a) for a fiscal year that are in excess of $109,000,000 to carry out section 4408A. (c) Reservation for technical assistance The Secretary may reserve not more than 1 percent of the funds appropriated under subsection (a) for any fiscal year to provide technical assistance and share best practices with respect to magnet school programs assisted under this part. (d) Availability of funds for grants to agencies not previously assisted In any fiscal year for which the amount appropriated pursuant to subsection (a) exceeds $75,000,000, the Secretary shall give priority in using such amounts in excess of $75,000,000 to awarding grants to local educational agencies or consortia of such agencies that did not receive a grant under this part in the preceding fiscal year. . 5. Magnet schools assistance program supplemental diversity grant Part D of title IV of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7231 et seq. ) is amended by inserting after section 4408 the following: 4408A. Supplemental diversity grants (a) In general The Secretary, in accordance with this section, is authorized to award grants to eligible entities— (1) that have not received a grant under this part during the 3-year period preceding the date of the grant award under this section; and (2) that are looking to adopt additional effective, evidence-based practices designed to further desegregation aims and promote diversity. (b) Eligibility, application, and other requirements (1) Eligibility For the purposes of this section, the term eligible entity means a local educational agency, consortium of such agencies, or State educational agency, including an agency or consortium that is described in paragraph (1) or (2) of section 4404. (2) Applications An eligible entity desiring to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may reasonably require. (3) Information and assurances Each application submitted under paragraph (1) shall include— (A) a description of— (i) how a grant awarded under this section will be used to promote socioeconomic and racial integration, and implement evidence-based practices, including any evidence, or if such evidence is not available, a rationale based upon current research findings, to support the grant promoting socioeconomic and racial integration; (ii) how the applicant will construct inclusive enrollment practices, such as utilizing weighted lotteries and other inclusive and accessible practices that are consistent with the latest research and evidence-based practices identified by the Secretary; (iii) whether the applicant— (I) has ever engaged in any voluntary desegregation effort, and to what extent such efforts have increased student diversity and decreased racial or socioeconomic isolation in schools served by such applicant; and (II) is engaged in any voluntary desegregation effort on the date of submitting the application, and to what extent; (iv) how the applicant will ensure that families from a multitude of racial, ethnic, socioeconomic, and linguistic backgrounds are aware of magnet schools and the application process, including a description of— (I) the variety of platforms (such as social media, print, television, and radio) the applicant will use to make families aware of magnet schools and the application process; (II) the language spoken by students and families in the region the applicant covers and how the applicant will make information on magnet schools and the application process available in these languages; and (III) how to enter a lottery or other inclusive enrollment pool for magnet schools; (v) the manner and extent to which the proposed activities will increase student academic achievement in the instructional area offered by the school, including any evidence, or if such evidence is not available, a rationale based on current research findings, to support the activities increasing student academic achievement; (vi) how the applicant will support the social and emotional learning of students; (vii) how the applicant will implement restorative school discipline policies that reduce the use of suspension and expulsion and improve overall school climate; (viii) how the applicant will assess, monitor, and evaluate the impact of the activities funded under this section on student achievement, integration, and overall school climate by developing a data plan that— (I) is aligned to a clear vision for equity, with specific criteria for determining racial or socioeconomic segregation and a target for reducing these conditions; (II) monitors the goal of reducing racial segregation by tracking multiple measures of success (including by enrollment, graduation rates, academic achievement, academic growth, and social-emotional outcomes); (III) disaggregates data across subgroups of students, as defined in section 1111(c)(2); and (IV) ensures data collected are accessible, with opportunities to include stakeholder feedback in a timely manner; (ix) how grant funds under this section will be used to— (I) improve student academic achievement for all students attending the magnet school programs; (II) close historic opportunity and achievement gaps between each of the subgroups of students, defined in section 1111(c)(2), attending the magnet school programs; and (III) implement services and activities that are consistent with other programs under this Act, as appropriate; and (x) how the magnet program funded by the grant will improve the overall quality of the school district the program is housed within; and (B) the same assurances described in section 4405(b)(2). (4) Applications from state educational agencies A State educational agency that submits an application under paragraph (1) shall describe how, specifically, the State views magnet schools as a solution to promote integration in the State. (c) Priority (1) In general In awarding grants under this section, the Secretary shall give priority to applicants that— (A) have integration embedded into school design, mission, structure, focus, and goals; (B) propose to design and implement inclusive enrollment practices, such as utilizing weighted lotteries and other inclusive and accessible practices that are consistent with the latest research and evidence-based practices identified by the Secretary; (C) continue to experience pronounced disparities in educational opportunities between each of the subgroups of students, defined in section 1111(c)(2), and propose to use funds to carry out evidence-based practices to reduce such disparities; (D) demonstrate a commitment to furthering inter-district diversity through partnerships with neighboring local educational agencies in States that allow for these types of partnerships; (E) demonstrate the provision of free and accessible transportation for students to attend the magnet school programs served by such grant funds; or (F) demonstrate a commitment to authentically engaging families and community members from a multitude of racial, ethnic, socioeconomic, and linguistic backgrounds at all stages in the magnet program’s development and operations. (2) Priority for meeting multiple criteria In awarding grants under this section, the Secretary shall give additional priority to applicants that meet more than 1 criterion under paragraph (1). (d) Use of funds Grant funds made available under this section may be used by an eligible entity to support any of the following: (1) Activities that promote socioeconomic and racial integration in schools, including evidence-based practices to increase student diversity and decrease racial or socioeconomic isolation in schools, such as— (A) providing for ongoing data collection and evaluation activities to promote continuous improvement that ensures fidelity of magnet implementation; (B) developing and refining diversity goals for magnet school enrollment; and (C) ensuring student recruitment for magnet schools includes students in public housing within the boundaries of the school district, if it exists. (2) Activities that increase the capacity of existing facilities to house specialized magnet programs or convert entirely to magnet schools, such as— (A) providing not more than 15 percent of the grant funds for making infrastructure improvements and necessary equipment purchases to enable an existing public school facility to effectively develop, implement, and operate a thematic magnet school program; and (B) allowing existing facilities or schools to transition entirely to a magnet school rather than a traditional school housing a magnet program. (3) Enrollment management activities that promote a more diverse classroom and safe learning environment, such as— (A) supporting enhanced selection and recruitment materials and activities (including parent tours, open houses, and revised marketing materials); (B) providing free and accessible transportation for students to attend the magnet school; and (C) funding an individual employed by the eligible entity to devote at least a majority of the employee’s time to enrollment activities, including reaching underserved communities to support the school’s diversity goals. (4) Activities that strengthen the educator pipeline for magnet school programs, such as— (A) forging partnerships with nearby institutions of higher education with comprehensive educator preparation programs that incorporate extensive clinical practice and experience, including historically Black colleges and universities, Tribal Colleges and Universities, and other minority-serving institutions, to recruit educators with a stated desire to work in a magnet program served by the eligible entity; and (B) hiring prospective educators who are instructional area specialists, defined as educators with a specialized knowledge of an instructional area that is gained over not less than 10 years of work experience in a relevant field, to teach at magnet programs served by the eligible entity. (5) Activities that support a rigorous, well-rounded curriculum and high-quality instruction, such as— (A) providing ongoing professional development to educators, principals, other school leaders, specialized instructional support personnel, and other staff (such as cultural competency training, job-embedded coaching, social and emotional learning, activities that support college, career, and life readiness, and other activities); (B) creating culturally responsive teaching and learning environments; (C) offering school staff members opportunities for networking and attending conferences; (D) encouraging theme integration throughout the curriculum and curriculum writing; (E) updating equipment and resources, such as by utilizing supplemental materials to enhance and enrich the magnet theme and developing multiple assessments to engage different types of learners; and (F) developing and implementing opportunities for students to participate in experiential learning, including through field trips and meaningful project-based learning. (6) Activities that support family engagement, such as— (A) planning community events specifically geared toward supporting low-income families, such as through purchasing food, providing subsidies or passes for local public transportation services, and providing subsidies for child care services while parents are engaging with the magnet school; (B) establishing schools housing magnet programs as centerpieces of their community through outreach and wraparound services; (C) creating a community advisory board, demographically reflective of both the local community where the magnet school is located and the broader community of students planning to attend the magnet school, to assist the magnet school in providing support and guidance in the selection and implementation of their respective theme; (D) providing opportunities for families to participate in exploration of the magnet theme, guest speaker presentations, and author visits; and (E) inviting parents to be a part of the recruitment team that helps promote the magnet program. (7) Strengthening partnerships in the community, such as developing community partnerships with businesses, health and human services agencies, and other entities that enhance and support the magnet theme and provide rich learning and educational experiences for students. (8) Activities that support inter-district or regional integration, such as— (A) collaborating with urban and suburban districts in a comprehensive regional plan; (B) providing financial incentives to help receiving schools cover the cost of transferring students; (C) creating a clear vision for equity that includes a set of goals and benchmarks, which are responsive to realistic timelines and local factors, for achieving greater diversity, educational quality, and equity for targeted student subgroups that are specific to the region; (D) establishing a measurable definition of and means to reduce racial isolation at school and classroom levels; (E) investing in regional magnet programs, capital improvements, and educator professional development that raise the quality of schooling options available in all districts; (F) developing marketing campaigns that build strong and accessible systems of public information around schooling options; and (G) offering services for transfer students and families that include transportation, school counseling, and family liaisons. (9) Activities that support the implementation of restorative discipline policies that reduce the use of suspension and expulsion and improve overall school climate. (e) Prohibition The Secretary shall not award a grant under this section to an eligible entity that plans to establish, or has in place, application fees or admissions criteria related to fees. (f) Limitations (1) Duration of awards A grant under this section shall be awarded for a period that shall not exceed 5 fiscal years. (2) Amount No grant awarded under this section to an eligible entity shall exceed $7,500,000 for the grant period. (g) Reporting and accountability (1) Reports Each eligible entity that receives a grant under this section shall, on an annual basis, prepare and submit a report to the Secretary containing information about— (A) how the grant funds were used; (B) how the grant recipient widely distributed information about the magnet school funded by the grant in an accessible manner; (C) the immediate and projected near-term impact, over the remaining period of the grant, that the grant funds had and will have on increasing socioeconomic or racial diversity, or both, in schools served by the eligible entity, or in magnet school programs served by such entity, or both; (D) how, if applicable, the grant funds fostered inter-district diversity; (E) how the grant funds increased student academic achievement in the instructional area offered by the magnet school or local educational agency, or both; (F) how the grant funds improved academic achievement of all students across all subjects in schools served by the eligible entity; (G) how the grant funds improved students’ access to well-rounded curriculum and prepared, qualified educators; and (H) how the grant funds improved the quality of education for students attending the magnet school program or schools served by the eligible entity, or both, measured by a tangible increase in access to other opportunities outlined in subsection (b)(2). (2) Making reports public The Secretary shall, on an annual basis, make public the reports received under paragraph (1). (3) Accountability (A) In general The Secretary shall pursue enforcement actions against a grant recipient under this section that fails to demonstrate the improvements described in subparagraphs (C) through (H) of paragraph (1). (B) Written notice of concerns (i) In general In a case in which the Secretary determines that it is not clear that grant funds awarded under this section to a grant recipient are making a tangible and noticeable improvement in the areas described in subparagraphs (C) through (H) of paragraph (1), the Secretary shall, after 2 fiscal years, provide a written notice to the grant recipient containing the Secretary’s concerns regarding the recipient’s use of grant funds. (ii) Response A grant recipient that receives a written notice under clause (i) shall, not later than 90 days after the date of receipt of the notice, submit to the Secretary a plan for addressing the Secretary’s concerns not later than 1 year after the date of receipt of the notice. (C) Failure to demonstrate improvements In a case in which the Secretary determines that a grant recipient has not addressed the Secretary's concerns in accordance with subparagraph (B)(ii), the Secretary shall provide a written notice to the grant recipient— (i) to return the remainder of the grant funds not later than 90 days after the date of receipt of the written notice; or (ii) if the grant awarded to the recipient is disbursed on an annual basis, that the recipient will no longer receive a grant under this section. .