Strength in Diversity Act of 2023

I 118TH CONGRESS 1ST SESSION H. R. 3444 To establish the Strength in Diversity Program, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 17, 2023 Mr. SCOTT of Virginia (for himself, Ms. JAYAPAL, Mrs. BEATTY, Ms. WIL- LIAMS of Georgia, Ms. NORTON, Mrs. MCBATH, Ms. BONAMICI, Mr. SWALWELL, Ms. STEVENS, Ms. WILSON of Florida, Ms. DEAN of Penn- sylvania, Mrs. NAPOLITANO, Mr. COHEN, Mr. DESAULNIER, Ms. CROCK- ETT, Mr. DOGGETT, Ms. GARCIA of Texas, Mr. LYNCH, Mr. SABLAN, Mr. GRIJALVA, Ms. VELA´ZQUEZ, Ms. LEE of California, Ms. PRESSLEY, Ms. SCHAKOWSKY, Ms. OMAR, Ms. DELBENE, Mr. MEEKS, Ms. STANSBURY, Mr. EVANS, Ms. CASTOR of Florida, Mr. JACKSON of Illinois, Mr. GREEN of Texas, Mr. NORCROSS, Mr. TAKANO, Mr. COURTNEY, Mr. IVEY, Mr. SCHIFF, Ms. LOIS FRANKEL of Florida, and Mr. CARSON) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To establish the Strength in Diversity Program, 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 ‘‘Strength in Diversity 4 Act of 2023’’. 5 VerDate Sep 11 2014 19:51 Jun 07, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3444.IH H3444 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3444 IH SEC. 2. PURPOSE. 1 The purpose of this Act is to support the develop- 2 ment, implementation, and evaluation of comprehensive 3 strategies to address the effects of racial isolation or con- 4 centrated poverty by increasing diversity, including racial 5 diversity and socioeconomic diversity, in covered schools. 6 SEC. 3. RESERVATION FOR NATIONAL AND STATE ACTIVI- 7 TIES. 8 (a) NATIONAL ACTIVITIES.—The Secretary may re- 9 serve not more than 5 percent of the amounts made avail- 10 able under section 9 for a fiscal year to carry out activities 11 of national significance relating to this Act, which may 12 include— 13 (1) research, development, data collection, mon- 14 itoring, technical assistance, evaluation, or dissemi- 15 nation activities; and 16 (2) the development and maintenance of best 17 practices for recipients of grants under section 4 and 18 other experts in the field of school diversity. 19 (b) STATE ACTIVITIES.—The Secretary may reserve 20 not more than 10 percent of the amounts made available 21 under section 9 for a fiscal year for planning grants and 22 implementation grants made to State educational agencies 23 under section 4. 24 SEC. 4. GRANT PROGRAM AUTHORIZED. 25 (a) AUTHORIZATION.— 26 VerDate Sep 11 2014 19:51 Jun 07, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3444.IH H3444 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3444 IH (1) IN GENERAL.—From the amounts made 1 available under section 9 and not reserved under 2 section 3 for a fiscal year, the Secretary shall award 3 grants in accordance with subsection (b) to eligible 4 entities to develop or implement plans to improve di- 5 versity and reduce or eliminate racial or socio- 6 economic isolation in covered schools. 7 (2) TYPES OF GRANTS.—The Secretary may, in 8 any fiscal year, award— 9 (A) planning grants to carry out the activi- 10 ties described in section 6(a); 11 (B) implementation grants to carry out the 12 activities described in section 6(b); or 13 (C) both such planning grants and imple- 14 mentation grants. 15 (b) AWARD BASIS.— 16 (1) CRITERIA FOR EVALUATING APPLICA- 17 TIONS.—The Secretary shall award grants under 18 this section on a competitive basis, based on— 19 (A) the quality of the application sub- 20 mitted by an eligible entity under section 5; 21 (B) the likelihood, as determined by the 22 Secretary, that the eligible entity will use the 23 grant to improve student outcomes or outcomes 24 VerDate Sep 11 2014 19:51 Jun 07, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3444.IH H3444 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3444 IH on other performance measures described in 1 section 7; and 2 (C) the likelihood that the grant will lead 3 to a meaningful reduction in racial and eco- 4 nomic isolation for children in covered schools. 5 (2) PRIORITY.—In awarding grants under this 6 section, the Secretary shall give priority to the fol- 7 lowing eligible entities: 8 (A) First, to an eligible entity that sub- 9 mitted an application for a grant under the 10 Opening Doors, Expanding Opportunities pro- 11 gram described in the notice published by the 12 Department of Education in the Federal Reg- 13 ister on December 14, 2016 (81 Fed. Reg. 14 90343 et seq.). 15 (B) Second, to an eligible entity that pro- 16 poses, in an application submitted under section 17 5, to use the grant to support a program that 18 addresses racial isolation. 19 (C) Third, to an eligible entity that pro- 20 poses, in an application submitted under section 21 5, to use the grant to support a program that 22 extends beyond one local educational agency, 23 such as an inter-district or regional program. 24 VerDate Sep 11 2014 19:51 Jun 07, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3444.IH H3444 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3444 IH (D) Fourth, to an eligible entity that dem- 1 onstrates meaningful coordination with local 2 housing agencies to increase access to schools 3 that have a disproportionately low number of 4 low-income students. 5 (c) DURATION OF GRANTS.— 6 (1) PLANNING GRANT.—A planning grant 7 awarded under this section shall be for a period of 8 not more than 1 year. 9 (2) IMPLEMENTATION GRANT.—An implemen- 10 tation grant awarded under this section shall be for 11 a period of not more than 3 years, except that the 12 Secretary may extend an implementation grant for 13 an additional 2-year period if the eligible entity re- 14 ceiving the grant demonstrates to the Secretary that 15 the eligible entity is making significant progress, as 16 determined by the Secretary, on the program per- 17 formance measures described in section 7. 18 SEC. 5. APPLICATIONS. 19 In order to receive a grant under section 4, an eligible 20 entity shall submit an application to the Secretary at such 21 time and in such manner as the Secretary may require. 22 Such application shall include— 23 (1) a description of the program for which the 24 eligible entity is seeking a grant, including— 25 VerDate Sep 11 2014 19:51 Jun 07, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3444.IH H3444 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 3444 IH (A) how the eligible entity proposes to use 1 the grant to improve the academic and life out- 2 comes of students in racial or socioeconomic 3 isolation in covered schools by supporting inter- 4 ventions that increase diversity for students in 5 such covered schools; 6 (B) in the case of an implementation 7 grant, the implementation grant plan described 8 in section 6(b)(1); and 9 (C) evidence, or if such evidence is not 10 available, a rationale based on current research, 11 regarding how the program will increase diver- 12 sity; 13 (2) in the case of an eligible entity proposing to 14 use any of the grant to benefit covered schools that 15 are racially isolated, a description of how the eligible 16 entity will identify and define racial isolation; 17 (3) in the case of an eligible entity proposing to 18 use any portion of the grant to benefit high-poverty 19 covered schools, a description of how the eligible en- 20 tity will identify and define income level and socio- 21 economic status; 22 (4) a description of the plan of the eligible enti- 23 ty for continuing the program after the grant period 24 ends; 25 VerDate Sep 11 2014 19:51 Jun 07, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3444.IH H3444 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 3444 IH (5) a description of how the eligible entity will 1 assess, monitor, and evaluate the impact of the ac- 2 tivities funded under the grant on student achieve- 3 ment and student enrollment diversity, and teacher 4 diversity; 5 (6) an assurance that the eligible entity has 6 conducted, or will conduct, robust parent and com- 7 munity engagement, while planning for and imple- 8 menting the program, such as through— 9 (A) consultation with appropriate officials 10 from Indian Tribes or Tribal organizations ap- 11 proved by the Tribes located in the area served 12 by the eligible entity; 13 (B) consultation with other community en- 14 tities, including local housing or transportation 15 authorities; 16 (C) public hearings or other open forums 17 to inform the development of any formal strat- 18 egy to increase diversity; and 19 (D) outreach to parents and students, in a 20 language that parents and students can under- 21 stand, and consultation with students and fami- 22 lies in the targeted district or region that is de- 23 signed to ensure participation in the planning 24 VerDate Sep 11 2014 19:51 Jun 07, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3444.IH H3444 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 3444 IH and development of any formal strategy to in- 1 crease diversity; 2 (7) an estimate of the number of students that 3 the eligible entity plans to serve under the program 4 and the number of students to be served through ad- 5 ditional expansion of the program after the grant 6 period ends; 7 (8) an assurance that the eligible entity will— 8 (A) cooperate with the Secretary in evalu- 9 ating the program, including any evaluation 10 that might require data and information from 11 multiple recipients of grants under section 4; 12 and 13 (B) engage in the best practices developed 14 under section 3(a)(2); 15 (9) an assurance that, to the extent possible, 16 the eligible entity has considered the potential impli- 17 cations of the grant activities on the demographics 18 and student enrollment of nearby covered schools 19 not included in the activities of the grant; 20 (10) in the case of an eligible entity applying 21 for an implementation grant, a description of how 22 the eligible entity will— 23 (A) implement, replicate, or expand a 24 strategy based on a strong or moderate level of 25 VerDate Sep 11 2014 19:51 Jun 07, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3444.IH H3444 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 3444 IH evidence (as described in subclause (I) or (II) 1 of section 8101(21)(A)(i) of the Elementary 2 and Secondary Education Act of 1965 (20 3 U.S.C. 7801(21)(A)(i))); or 4 (B) test a promising strategy to increase 5 diversity in covered schools; 6 (11) in the case of an application by a consor- 7 tium of local educational agencies, a specification of 8 which agency is the lead applicant, and how the 9 grant funds will be divided among the school dis- 10 tricts served by such consortium; and 11 (12) in the case of an application by a State 12 educational agency, a demonstration that the agency 13 has procedures in place— 14 (A) to assess and prevent the redrawing of 15 school district lines in a manner that increases 16 racial or socioeconomic isolation; 17 (B) to assess the segregation impacts of 18 new school construction proposals and to 19 prioritize school construction funding that will 20 foreseeably increase racial and economic inte- 21 gration; and 22 (C) to include progress toward reduction of 23 racial and economic isolation as a factor in its 24 State plan under section 1111 of the Elemen- 25 VerDate Sep 11 2014 19:51 Jun 07, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3444.IH H3444 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 3444 IH tary and Secondary Education Act of 1965 (20 1 U.S.C. 6311). 2 SEC. 6. USES OF FUNDS. 3 (a) PLANNING GRANTS.—Each eligible entity that re- 4 ceives a planning grant under section 4 shall use the grant 5 to support students in covered schools through the fol- 6 lowing activities: 7 (1) Completing a comprehensive assessment of, 8 with respect to the geographic area served by such 9 eligible entity— 10 (A) the educational outcomes and racial 11 and socioeconomic stratification of children at- 12 tending covered schools; 13 (B) an analysis of the location and capac- 14 ity of program and school facilities and the ade- 15 quacy of local or regional transportation infra- 16 structure; and 17 (C) teacher diversity in covered schools, 18 and plans for expanding teacher diversity. 19 (2) Developing and implementing a robust fam- 20 ily, student, and community engagement plan, in- 21 cluding, where feasible, public hearings or other 22 open forums that would precede and inform the de- 23 velopment of a formal strategy to improve diversity 24 in covered schools. 25 VerDate Sep 11 2014 19:51 Jun 07, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3444.IH H3444 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 3444 IH (3) Developing options, including timelines and 1 cost estimates, for improving diversity in covered 2 schools, such as weighted lotteries, revised feeder 3 patterns, school boundary redesign, or regional co- 4 ordination. 5 (4) Developing an implementation plan based 6 on community preferences among the options devel- 7 oped under paragraph (3). 8 (5) Building the capacity to collect and analyze 9 data that provide information for transparency, con- 10 tinuous improvement, and evaluation. 11 (6) Developing an implementation plan to com- 12 ply with a court-ordered school desegregation plan. 13 (7) Engaging in best practices developed under 14 section 3(a)(2). 15 (8) If applicable, developing an implementation 16 plan to replace entrance exams or other competitive 17 application procedures with methods of student as- 18 signment to promote racial and socioeconomic diver- 19 sity. 20 (b) IMPLEMENTATION GRANTS.— 21 (1) IMPLEMENTATION GRANT PLAN.—Each eli- 22 gible entity that receives an implementation grant 23 under section 4 shall implement a high-quality plan 24 VerDate Sep 11 2014 19:51 Jun 07, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3444.IH H3444 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 3444 IH to support students in covered schools that in- 1 cludes— 2 (A) a comprehensive set of strategies de- 3 signed to improve academic outcomes for all 4 students, particularly students of color and low- 5 income students, by increasing diversity in cov- 6 ered schools; 7 (B) evidence of strong family and commu- 8 nity support for such strategies, including evi- 9 dence that the eligible entity has engaged in 10 meaningful family and community outreach ac- 11 tivities; 12 (C) goals to increase diversity, including 13 teacher diversity, in covered schools over the 14 course of the grant period; 15 (D) collection and analysis of data to pro- 16 vide transparency and suppo [Text truncated for display. 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