Save Education Jobs Act

I 116TH CONGRESS 2D SESSION H. R. 8691 To authorize the establishment of an Education Jobs Fund to retain and create education jobs in communities most impacted by COVID–19, and for other purposes. IN THE HOUSE OF REPRESENTATIVES OCTOBER 27, 2020 Mrs. HAYES (for herself, Mr. SABLAN, and Mr. SCOTT of Virginia) introduced the following bill; which was referred to the Committee on Education and Labor A BILL To authorize the establishment of an Education Jobs Fund to retain and create education jobs in communities most impacted by COVID–19, and for other purposes. 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 ‘‘Save Education Jobs 4 Act’’. 5 VerDate Sep 11 2014 19:28 Nov 17, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8691.IH H8691 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 8691 IH SEC. 2. AUTHORIZATION OF APPROPRIATIONS TO RETAIN 1 AND CREATE EDUCATION JOBS. 2 (a) IN GENERAL.—There are authorized to be appro- 3 priated to the Secretary to establish and implement an 4 Education Jobs Fund— 5 (1) $56,600,000,000 for fiscal year 2021; 6 (2) $52,400,000,000 for fiscal year 2022; 7 (3) $34,300,000,000 for fiscal year 2023; 8 (4) $26,100,000,000 for fiscal year 2024; 9 (5) $17,700,000,000 for fiscal year 2025; 10 (6) $14,400,000,000 for fiscal year 2026; 11 (7) $14,600,000,000 for fiscal year 2027; 12 (8) $14,800,000,000 for fiscal year 2028; 13 (9) $15,000,000,000 for fiscal year 2029; and 14 (10) $15,200,000,000 for fiscal year 2030. 15 (b) RESERVATION FOR ADMINISTRATIVE EX- 16 PENSES.—Of the amounts made available for a fiscal year 17 under subsection (a), the Secretary may reserve not more 18 than $1,000,000 for each such fiscal year for administra- 19 tion and oversight of this Act. 20 (c) ALLOCATION SCHEDULE.— 21 (1) FIRST YEAR OF GRANTS.—From the 22 amounts first made available under subsection (a), 23 not later than 30 days after the date of the enact- 24 ment of this Act, the Secretary shall award grants 25 in accordance with section 3. 26 VerDate Sep 11 2014 19:28 Nov 17, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8691.IH H8691 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 8691 IH (2) SUBSEQUENT YEARS.—Not later than 30 1 days after the first day of the first fiscal year that 2 begins after the date of the enactment of this Act 3 and annually thereafter, from the amounts made 4 available under subsection (a), the Secretary shall 5 award grants in accordance with section 3. 6 SEC. 3. GRANTS TO RETAIN AND CREATE EDUCATION JOBS. 7 (a) ELIGIBILITY.— 8 (1) NATIONAL ELIGIBILITY.— 9 (A) FISCAL YEARS 2021 THROUGH 2026.— 10 For fiscal years 2021 through 2026, each State 11 educational agency that submits an application 12 meeting the requirements under section 5 shall 13 be eligible to receive a grant in accordance with 14 this section for each such fiscal year. 15 (B) FISCAL YEARS 2027 THROUGH 2030.— 16 Except as provided in paragraph (2), for fiscal 17 years 2027 through 2030, each State edu- 18 cational agency that submits an application 19 meeting the requirements under section 5 shall 20 be eligible to receive a grant in accordance with 21 this section for each such fiscal year. 22 (2) STATE EDUCATIONAL AGENCY ELIGIBILITY 23 IN THE CASE OF NATIONAL UNEMPLOYMENT AVER- 24 AGE DECREASE.— 25 VerDate Sep 11 2014 19:28 Nov 17, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8691.IH H8691 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 8691 IH (A) FISCAL YEARS FOR WHICH NATIONAL 1 ELIGIBILITY DOES NOT APPLY.—Paragraph 2 (1)(B) shall not apply with respect to a fiscal 3 year described in such paragraph if during the 4 period beginning on the first day of fiscal year 5 2021 and ending on the last day of the fiscal 6 year preceding such a fiscal year, the average 7 rate of total unemployment in the Nation (sea- 8 sonally adjusted) for the period consisting of 9 the most recent 3 consecutive months for which 10 data for all States are published by the Bureau 11 of Labor Statistics was less than or equal to 12 5.5 percent. 13 (B) STATE EDUCATIONAL AGENCY-BASED 14 ELIGIBILITY.—In the case of a fiscal year de- 15 scribed in subparagraph (A), a State edu- 16 cational agency shall be eligible to receive a 17 grant in accordance with this section for such 18 fiscal year if— 19 (i) such State educational agency sub- 20 mits an application meeting the require- 21 ments under section 5; and 22 (ii) with respect to each month occur- 23 ring in the fiscal year preceding such fiscal 24 year, the average rate of total unemploy- 25 VerDate Sep 11 2014 19:28 Nov 17, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8691.IH H8691 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 8691 IH ment in the State (seasonally adjusted) for 1 the period consisting of the most recent 3 2 consecutive months for which data are 3 published by the Bureau of Labor Statis- 4 tics was greater than 5.5 percent. 5 (3) OUTLYING AREA AND BUREAU OF INDIAN 6 EDUCATION ELIGIBILITY.— 7 (A) FISCAL YEARS 2021 THROUGH 2026.— 8 For fiscal years 2021 through 2026, each out- 9 lying area and program operated or funded by 10 the Bureau of Indian Education shall be eligible 11 to receive a grant in accordance with this sec- 12 tion for each such fiscal year. 13 (B) FISCAL YEARS 2027 THROUGH 2030.— 14 Except as provided in subparagraph (C), for 15 fiscal years 2027 through 2030, each outlying 16 area and program operated or funded by the 17 Bureau of Indian Education shall be eligible to 18 receive a grant in accordance with this section 19 for each such fiscal year. 20 (C) EXCEPTION.—Subparagraph (B) shall 21 not apply with respect to a fiscal year described 22 in such subparagraph if during the period be- 23 ginning on the first day of fiscal year 2021 and 24 ending on the last day of the fiscal year pre- 25 VerDate Sep 11 2014 19:28 Nov 17, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H8691.IH H8691 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 8691 IH ceding such a fiscal year, the average rate of 1 total unemployment in the Nation (seasonally 2 adjusted) for the period consisting of the most 3 recent 3 consecutive months for which data for 4 all States are published by the Bureau of Labor 5 Statistics was less than or equal to 3.5 percent. 6 (b) ALLOCATION OF GRANT FUNDS.— 7 (1) ALLOCATION TO OUTLYING AREAS AND BU- 8 REAU OF INDIAN EDUCATION.— 9 (A) RESERVATION.—Subject to subsection 10 (a)(3), from the amount made available under 11 section 2(a) for a fiscal year, the Secretary 12 shall reserve— 13 (i) an amount equal to 1⁄2 of 1 percent 14 for allocations to the outlying areas in ac- 15 cordance with subparagraph (B); and 16 (ii) an amount equal to 1⁄2 of 1 per- 17 cent for allocations to programs operated 18 or funded by the Bureau of Indian Edu- 19 cation in accordance with subparagraph 20 (C). 21 (B) OUTLYING AREAS.—From the amount 22 made available under subparagraph (A)(i) for a 23 fiscal year, the Secretary shall allocate to each 24 outlying area a grant that bears the same pro- 25 VerDate Sep 11 2014 19:28 Nov 17, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H8691.IH H8691 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 8691 IH portion to such amount as the amount the out- 1 lying area received under part A of title I of the 2 Elementary and Secondary Education Act of 3 1965 (20 U.S.C. 6311 et seq.) for the pre- 4 ceding fiscal year bears to the amount all out- 5 lying areas received under such part for the 6 preceding fiscal year. 7 (C) PROGRAMS OPERATED OR FUNDED BY 8 THE BUREAU OF INDIAN EDUCATION.—From 9 the amount made available under subparagraph 10 (A)(ii) for a fiscal year, the Secretary shall, in 11 consultation with the Secretary of the Interior, 12 allocate to each program operated or funded by 13 the Bureau of Indian Education a grant that 14 bears the same proportion to such amount as 15 the amount the program operated or funded by 16 the Bureau of Indian Education received under 17 part A of title I of the Elementary and Sec- 18 ondary Education Act of 1965 (20 U.S.C. 6311 19 et seq.) for the preceding fiscal year bears to 20 the amount all programs operated or funded by 21 the Bureau of Indian Education received under 22 such part for the preceding fiscal year. 23 (2) ALLOCATION TO STATE EDUCATIONAL 24 AGENCIES.—From the amount made available under 25 VerDate Sep 11 2014 19:28 Nov 17, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H8691.IH H8691 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 8691 IH section 2(a) for a fiscal year remaining after the res- 1 ervation under paragraph (1)(A), the Secretary shall 2 allocate to each State educational agency that is eli- 3 gible under subsection (a) a grant that bears the 4 same proportion to such amount as the amount the 5 State educational agency received under part A of 6 title I of the Elementary and Secondary Education 7 Act of 1965 (20 U.S.C. 6311 et seq.) for the pre- 8 ceding fiscal year bears to the amount all State edu- 9 cational agencies received under such part for the 10 preceding fiscal year. 11 (c) RESERVATION BY STATE EDUCATIONAL AGEN- 12 CY.— 13 (1) IN GENERAL.—Of the amounts allocated to 14 a State educational agency under subsection (b)(2) 15 for a fiscal year, such State educational agency may 16 reserve not more than 5 percent— 17 (A) for administrative costs of carrying out 18 subgrants under subsection (d); 19 (B) for the costs of retaining or creating 20 positions in the State educational agency re- 21 lated to the administration or support of early 22 childhood, public elementary, public secondary, 23 or public postsecondary education; and 24 VerDate Sep 11 2014 19:28 Nov 17, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H8691.IH H8691 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 8691 IH (C) to implement evidence-based strategies 1 to ensure that low-income students and minor- 2 ity children enrolled in schools assisted under 3 this section are not served at disproportionate 4 rates by ineffective, out-of-field, or inexperi- 5 enced teachers, as described in section 6 1111(g)(1)(B) of the Elementary and Sec- 7 ondary Education Act of 1965 (20 U.S.C. 8 6311(g)(1)(B)). 9 (2) PROHIBITED USE OF FUNDS.—None of the 10 funds reserved by a State educational agency under 11 paragraph (1) may be used by such State edu- 12 cational agency to carry out an activity described in 13 paragraphs (1) through (5) of section 4(c). 14 (d) SUBGRANTS TO LOCAL EDUCATIONAL AGEN- 15 CIES.—Of the amounts allocated to a State educational 16 agency under subsection (b)(2) for a fiscal year and re- 17 maining after such State educational agency reserves 18 funds under subsection (c)(1), such State educational 19 agency shall allocate to each local educational agency in 20 the State a grant that bears the same proportion to such 21 amount as the amount the local educational agency re- 22 ceived under part A of title I of the Elementary and Sec- 23 ondary Education Act of 1965 (20 U.S.C. 6311 et seq.) 24 for the preceding fiscal year bears to the amount all local 25 VerDate Sep 11 2014 19:28 Nov 17, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H8691.IH H8691 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 8691 IH educational agencies in the State received under such part 1 for the preceding fiscal year. 2 SEC. 4. USE OF FUNDS. 3 (a) REQUIRED USE OF FUNDS.—A local educational 4 agency that receives a subgrant under section 3(d) shall 5 use not less than 90 percent of the subgrant funds for 6 compensation and benefits and other expenses, such as 7 support services, necessary to retain existing employees, 8 to recall or rehire former employees, and to hire new em- 9 ployees, in order to provide early childhood, elementary, 10 or secondary educational related services. 11 (b) PERMISSIBLE USE OF FUNDS.—A local edu- 12 cational agency that receives a subgrant under section 13 3(d) may use not more than 10 percent of such subgrant 14 funds for any of the following: 15 (1) Training, which may include high-quality 16 residency, mentoring and induction programs, and 17 professional development. 18 (2) Salary increases to cover extended days or 19 school years for instruction and enrichment to make 20 up for students’ lost instructional time due to 21 COVID–19 and to ensure all students have access to 22 a well-rounded education and the supports needed to 23 succeed. 24 VerDate Sep 11 2014 19:28 Nov 17, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H8691.IH H8691 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 8691 IH (3) Salary increases to cover increased work- 1 days to provide intensive professional learning and 2 educator planning opportunities, including through 3 professional learning communities. 4 (4) Except as provided in subsection (c)(2), in- 5 centives, such as loan forgiveness, service scholarship 6 programs, fee reimbursement for costs associated 7 with obtaining advanced or additional teacher certifi- 8 cation, or increased salaries, for teachers to teach in 9 high-need schools and in high-need fields such as 10 special education. 11 (5) To develop, maintain, or expand partnership 12 programs with teacher preparation programs in in- 13 stitutions of higher education that target high-need 14 fields, high-need schools, and diverse candidates to 15 expand the pipeline into the teaching profession. 16 (6) Developing teacher leadership roles in high- 17 need schools. 18 (c) PROHIBITED USE OF FUNDS.—A local edu- 19 cational agency that receives a subgrant under section 20 3(d) may not use such subgrant funds— 21 (1) for general administrative expenses or for 22 other support services expenditures (as such terms 23 are defined on the date of the enactment of this Act 24 VerDate Sep 11 2014 19:28 Nov 17, 2020 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H8691.IH H8691 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 8691 IH in the Common Core of Data of the National Center 1 for Education Statistics); 2 (2) to provide increased salaries or bonuses re- 3 lated to on-the-job performance; 4 (3) directly or indirectly, to— 5 (A) establish, restore, or supplement a 6 rainy-day fund; 7 (B) supplant State funds in a manner that 8 has the effect of establishing, restoring, or 9 supplementing a rainy-day fund; 10 (C) reduce or retire debt obligations in- 11 curred by the State; or 12 (D) supplant State funds in a manner that 13 has the effect of reducing or retiring debt obli- 14 gations incurred by the State; 15 (4) to meet the requirements under section 16 1117 or 8501 of the Elementary [Text truncated for display. 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