Reopen for Kids Act

II 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Reopen for Kids Act’’. 4 SEC. 2. FUNDING FOR REOPENING. 5 (a) NO NEW FUNDS UNTIL AVAILABLE FUNDS ARE 6 OBLIGATED.—Notwithstanding any other provision of 7 law, no funds appropriated under part 1 of subtitle A of 8 title II of the American Rescue Plan Act of 2021 (Public 9 Law 117–2) may be used to provide assistance to a local 10 VerDate Sep 11 2014 22:09 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S980.IS S980 kjohnson on DSK79L0C42PROD with BILLS 2 •S 980 IS educational agency to prevent, prepare for, or respond to 1 the coronavirus— 2 (1) while funds awarded to such local edu- 3 cational agency under the Elementary and Sec- 4 ondary School Emergency Relief Fund or Governor’s 5 Emergency Education Relief Fund under title VIII 6 of division B of the CARES Act (Public Law 116– 7 136) or title III of the Coronavirus Response and 8 Relief Supplemental Appropriations Act, 2021 (Pub- 9 lic Law 116–260) remain unobligated; and 10 (2) unless the local educational agency— 11 (A) submits a plan to the State edu- 12 cational agency to provide full-day, in-person 13 learning 5 days a week for all students medi- 14 cally able to participate at all public schools 15 served by the local educational agency; and 16 (B) fully implements such plan, except as 17 provided in subsection (b), not later than 14 18 days after the date the State educational agen- 19 cy approves such plan. 20 (b) AMENDMENT TO REOPENING PLAN.— 21 (1) IN GENERAL.—If a local educational agency 22 determines there is a significant rise in COVID 23 cases in the area served by the local educational 24 agency after the plan described in subsection 25 VerDate Sep 11 2014 22:09 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S980.IS S980 kjohnson on DSK79L0C42PROD with BILLS 3 •S 980 IS (a)(2)(A) has been implemented, the local edu- 1 cational agency may amend the plan. 2 (2) AMENDMENT.—An amendment under para- 3 graph (1)— 4 (A) shall be approved by the Governor, in 5 consultation with the local school board; 6 (B) may include a short-term reversion to 7 part-time or full-time virtual learning, if war- 8 ranted by a significant rise in COVID cases in 9 the area served by the local educational agency; 10 and 11 (C) shall specify a date by which, or condi- 12 tions under which, the local educational agency 13 will return to providing in-person learning as 14 described in subsection (a)(2)(A). 15 (c) RETURN OF FUNDS.— 16 (1) IN GENERAL.—A local educational agency 17 that, as determined by the State educational agency, 18 fails to implement the plan described in subsection 19 (a)(2)(B) not later than 14 days after the date the 20 State educational agency approves such plan, shall 21 return to the State— 22 (A) 75 percent of the funds received by the 23 end of the first 7 days the implementation of 24 the plan is delayed beyond the 14 days; and 25 VerDate Sep 11 2014 22:09 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S980.IS S980 kjohnson on DSK79L0C42PROD with BILLS 4 •S 980 IS (B) the remaining 25 percent of the funds 1 received by the end of the second 7 days the 2 implementation of the plan is delayed beyond 3 the 14 days. 4 (2) COMING INTO COMPLIANCE.—Notwith- 5 standing paragraph (1), a local educational agency 6 that implements the plan within 14 days of being in 7 noncompliance shall be eligible to receive the full 8 amount under part 1 of subtitle A of title II of the 9 American Rescue Plan Act of 2021 (Public Law 10 117–2) for which the agency is eligible. 11 (3) FUNDS TO BE RETURNED TO TREASURY.— 12 A State shall return all funds returned to the State 13 under paragraph (1) to the general fund of the De- 14 partment of the Treasury. 15 Æ VerDate Sep 11 2014 22:09 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S980.IS S980 kjohnson on DSK79L0C42PROD with BILLS