Educational Equity Challenge Grant Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 3767 To establish an Educational Equity Challenge Grant program administered by the Department of Education. IN THE HOUSE OF REPRESENTATIVES JUNE 8, 2021 Mrs. HAYES (for herself and Ms. CLARK of Massachusetts) introduced the following bill; which was referred to the Committee on Education and Labor A BILL To establish an Educational Equity Challenge Grant program administered by the Department of Education. 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 ‘‘Educational Equity 4 Challenge Grant Act of 2021’’. 5 SEC. 2. EDUCATIONAL EQUITY CHALLENGE GRANT PRO- 6 GRAM. 7 (a) DEFINITIONS.—In this section: 8 (1) EDUCATIONAL SERVICE AGENCY.—The 9 term ‘‘educational service agency’’ has the meaning 10 VerDate Sep 11 2014 20:19 Jun 27, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3767.IH H3767 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3767 IH given the term in section 8101 of the Elementary 1 and Secondary Education Act of 1965 (20 U.S.C. 2 7801). 3 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti- 4 ty’’— 5 (A) means— 6 (i) a local educational agency; 7 (ii) a consortium of local educational 8 agencies; 9 (iii) a State educational agency; 10 (iv) an educational service agency; 11 (v) a partnership between a nonprofit 12 organization, including a provider of early 13 childhood education, an institution of high- 14 er education, a community-based organiza- 15 tion, or a national intermediary, and 1 or 16 more local educational agencies; or 17 (vi) the Bureau of Indian Education; 18 and 19 (B) shall not include any for-profit entity. 20 (3) INSTITUTION OF HIGHER EDUCATION.—The 21 term ‘‘institution of higher education’’ has the 22 meaning given the term in section 101 of the Higher 23 Education Act of 1965 (20 U.S.C. 1001). 24 VerDate Sep 11 2014 20:19 Jun 27, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3767.IH H3767 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3767 IH (4) LOCAL EDUCATIONAL AGENCY.—The term 1 ‘‘local educational agency’’ has the meaning given 2 the term in section 8101 of the Elementary and Sec- 3 ondary Education Act of 1965 (20 U.S.C. 7801). 4 (5) SECRETARY.—The term ‘‘Secretary’’ means 5 the Secretary of Education. 6 (6) STATE EDUCATIONAL AGENCY.—The term 7 ‘‘State educational agency’’ has the meaning given 8 the term in section 8101 of the Elementary and Sec- 9 ondary Education Act of 1965 (20 U.S.C. 7801). 10 (b) ESTABLISHMENT OF PROGRAM.—The Secretary 11 shall establish an Educational Equity Challenge Grant 12 program through which the Secretary awards grants to 13 eligible entities to— 14 (1) adopt and implement evidence-based activi- 15 ties, strategies, and interventions to address aca- 16 demic, social-emotional, mental, behavioral, and 17 physical health needs associated with the COVID–19 18 pandemic that meet the standard of evidence de- 19 scribed in section 8101(21)(A)(i) of the Elementary 20 and Secondary Education Act of 1965 (20 U.S.C. 21 7801(21)(A)(i)); or 22 (2) design or replicate and implement field- and 23 educator-initiated proposals to address academic, so- 24 cial-emotional, mental, behavioral, and physical 25 VerDate Sep 11 2014 20:19 Jun 27, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3767.IH H3767 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3767 IH health needs associated with the COVID–19 pan- 1 demic that— 2 (A) are independently evaluated by the 3 grantee for efficacy; and 4 (B) meet the standard of evidence de- 5 scribed in section 8101(21)(A)(i) of the Ele- 6 mentary and Secondary Education Act of 1965 7 (20 U.S.C. 7801(21)(A)(i)). 8 (c) ALLOCATION OF FUNDS.— 9 (1) ADMINISTRATIVE EXPENSES.—The Sec- 10 retary may use not more than 5 percent of funds 11 available to carry out this section for administration 12 of the Educational Equity Challenge Grant program, 13 including technical assistance, collaboration with 14 other relevant agencies, and dissemination of best 15 practices. 16 (2) RESERVATION FOR TRIBES.—From 17 amounts appropriated to carry out this section for a 18 fiscal year and not used under paragraph (1), the 19 Secretary shall reserve 5 percent to award grants to 20 the outlying areas and the Bureau of Indian Edu- 21 cation to carry out activities described in this section 22 in schools operated or funded by the Bureau of In- 23 dian Education. 24 VerDate Sep 11 2014 20:19 Jun 27, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3767.IH H3767 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3767 IH (3) EVIDENCE-BASED AND FIELD-INITIATED 1 PROPOSALS.—From the funds remaining after car- 2 rying out paragraphs (1) and (2), in awarding 3 grants under this section, the Secretary shall ensure 4 that— 5 (A) 75 percent of the grant funds are 6 awarded to evidence-based proposals, as de- 7 scribed in subsection (b)(1); and 8 (B) 25 percent of the grant funds are 9 awarded to field- and educator-initiated pro- 10 posals, as described in subsection (b)(2). 11 (4) RURAL AREAS.— 12 (A) IN GENERAL.—From the funds re- 13 maining after carrying out paragraphs (1) and 14 (2), in awarding grants under this section, the 15 Secretary shall ensure that not less than 25 16 percent of the grant funds are awarded to eligi- 17 ble entities— 18 (i) that have a locale code of 32, 33, 19 41, 42, or 43, as determined by the Sec- 20 retary; or 21 (ii) for which a majority of the schools 22 to be served by the program funded by the 23 grant awarded under this section to such 24 an eligible entity are designated with a lo- 25 VerDate Sep 11 2014 20:19 Jun 27, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3767.IH H3767 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 3767 IH cale code of 32, 33, 41, 42, or 43, or a 1 combination of such codes, as determined 2 by the Secretary. 3 (B) EXCEPTION.—Notwithstanding sub- 4 paragraph (A), the Secretary shall reduce the 5 amount of funds made available under such 6 subparagraph if the Secretary does not receive 7 a sufficient number of applications of sufficient 8 quality. 9 (5) LOW-INCOME STUDENTS.— 10 (A) IN GENERAL.—From the funds re- 11 maining after carrying out paragraphs (1) and 12 (2), in awarding grants under this section, the 13 Secretary shall ensure that not less than 50 14 percent of the grant funds are awarded to eligi- 15 ble entities that serve student populations in 16 which 20 percent or more of school-age children 17 live in low-income families, according to the 18 most recent Small Area Income and Poverty 19 Estimates of the Bureau of the Census. 20 (B) EXCEPTION.—Notwithstanding sub- 21 paragraph (A), the Secretary shall reduce the 22 amount of funds made available under such 23 subparagraph if the Secretary does not receive 24 VerDate Sep 11 2014 20:19 Jun 27, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3767.IH H3767 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 3767 IH a sufficient number of applications of sufficient 1 quality. 2 (6) RURAL AND LOW-INCOME STUDENTS.—An 3 eligible entity that is described in paragraph (4)(A) 4 and also described in paragraph (5)(A) may count 5 as an eligible entity under both paragraphs for pur- 6 poses of the requirements under such paragraphs. 7 (d) PUBLICATION OF APPLICATION.—Not later than 8 60 days after the date of enactment of this Act, the Sec- 9 retary shall— 10 (1) publish the applications for grants under 11 this section; and 12 (2) post on the public website of the Depart- 13 ment of Education resources regarding identified 14 evidence-based activities, strategies, and interven- 15 tions. 16 (e) APPLICATIONS.—An eligible entity that desires to 17 receive a grant under this section shall submit an applica- 18 tion to the Secretary at such time, in such manner, and 19 accompanied by such information as the Secretary may 20 require, including the following: 21 (1) Identification by the eligible entity of the in- 22 equities experienced by students during the COVID– 23 19 pandemic, including the impact on academic 24 progress and social-emotional, mental, behavioral, 25 VerDate Sep 11 2014 20:19 Jun 27, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3767.IH H3767 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 3767 IH and physical health needs, identified through trau- 1 ma-informed academic, social-emotional, and health 2 needs assessments or assessments used in multi- 3 tiered systems of support. Where possible, applicants 4 shall utilize existing assessments and validated tools, 5 such as surveys, to avoid duplicative or excessive 6 student testing. 7 (2) The differential impact of the COVID–19 8 pandemic on increased academic, social-emotional, 9 mental, and physical health needs for specific groups 10 of students, including low-income students, students 11 of color and Native American students, homeless 12 students, migrant students, students in foster care, 13 English learners, students involved with the juvenile 14 justice system, and students with disabilities, and 15 other specific groups identified in section 16 1111(b)(2)(B)(xi) of the Elementary and Secondary 17 Education Act of 1965 (20 U.S.C. 18 6311(b)(2)(B)(xi)), in a manner that protects per- 19 sonally identifiable information. 20 (3) The evidence-based strategies the eligible 21 entity will use to address these inequities if applying 22 for a grant described in subsection (b)(1). 23 (4) How academic, social-emotional, mental, be- 24 havioral, and physical health, access to accelerated 25 VerDate Sep 11 2014 20:19 Jun 27, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3767.IH H3767 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 3767 IH student learning and mastery of content, and related 1 outcomes will be measured, including how the eligi- 2 ble entity will use existing assessments and validated 3 tools, such as surveys, to avoid duplicative or exces- 4 sive student testing. 5 (5) How the eligible entity will partner and seek 6 ongoing feedback with the parents, families, teach- 7 ers, paraprofessionals, local stakeholders, and com- 8 munity members, including those from marginalized 9 communities, to identify academic, social-emotional, 10 mental, behavioral, and physical health needs of stu- 11 dents and collaborate on provision of high-quality 12 services where appropriate. 13 (6) How the proposed strategies and interven- 14 tions will accelerate student learning, promote mas- 15 tery of content, and expand student access to and 16 opportunity for well-rounded, culturally and linguis- 17 tically responsive, and rigorous standards-aligned 18 curricula. 19 (7) Identification by the eligible entity of the 20 mental and physical health impacts on school staff 21 during the COVID–19 pandemic. 22 (8) A proposed detailed budget, including how 23 the applicant plans to distribute funds among 24 VerDate Sep 11 2014 20:19 Jun 27, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3767.IH H3767 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 3767 IH schools and groups of students identified as highest 1 need. 2 (9) For eligible entities that intend to carry out 3 field- and educator-initiated proposals described in 4 subsection (b)(2), a proposal for conducting an inde- 5 pendent evaluation of the effectiveness of the pro- 6 posal. 7 (f) PRIORITY.—In awarding grants under this sec- 8 tion, the Secretary shall give priority to applicants serving 9 disproportionately higher percentages of high-need stu- 10 dents, including low-income students, students of color 11 and Native American students, homeless students, mi- 12 grant students, students in foster care, English learners, 13 students involved with the juvenile justice system, stu- 14 dents with disabilities, and students that have been dis- 15 proportionately affected by COVID–19. 16 (g) USES OF FUNDS.—An eligible entity that receives 17 a grant under this section shall carry out 1 of the fol- 18 lowing: 19 (1) Implementation of evidence-based activities, 20 strategies, and interventions that meet the require- 21 ments described in section 8101(21)(A)(i) of the El- 22 ementary and Secondary Education Act of 1965 (20 23 U.S.C. 7801(21)(A)(i)), which shall include at least 24 1 of the following: 25 VerDate Sep 11 2014 20:19 Jun 27, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3767.IH H3767 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 3767 IH (A) Developing, administering, and using 1 high-quality, universally designed assessments 2 that are valid and reliable, to accurately assess 3 students’ academic needs and progress and as- 4 sist educators in meeting students’ academic 5 needs, including through differentiating instruc- 6 tion, progress monitoring, and providing profes- 7 sional development on how to develop univer- 8 sally designed, high-quality assessments that 9 are aligned with curricula or how to effectively 10 implement and use existing high-quality assess- 11 ments for these purposes. 12 (B) Supporting social and emotional learn- 13 ing, including through integrated systems of 14 support, counseling, and the explicit teaching of 15 cognitive, social, and emotional skills and com- 16 petencies, by building social and emotional in- 17 struction into all classes, and which may in- 18 clude instituting restorative practices. 19 (C) Implementing school- and district-wide 20 practices that support students holistically, in- 21 cluding mental health services, early interven- 22 tion and prevention practices, trauma-informed 23 practices, and efforts to improve family engage- 24 ment and staff well-being. 25 VerDate Sep 11 2014 20:19 Jun 27, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3767.IH H3767 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 3767 IH (D) Implementing culturally and linguis- 1 tically responsive practices. 2 (E) Extending instructional time, which 3 may include— 4 (i) before or after school programs 5 and extending the school day or year, in- 6 cluding through summer learning pro- 7 grams; or 8 (ii) high-quality distance instruction, 9 during non-traditional school days and 10 hours (including during the summer), in- 11 cluding providing professional development 12 to support effective, personalized instruc- 13 tion. 14 (F) Implementing high-quality structured 15 individual or small group tutoring. 16 (G) Implementing and providing profes- 17 sional development on the use of rigorous, cul- 18 turally and linguistically competent, universally 19 designed, and well-rounded curriculum. 20 (H) Recruiting and supporting racially, 21 ethnically, culturally, and linguistically diverse, 22 well [Text truncated for display. Full text available on Congress.gov.]