,,ii #aafth ,,congress #b;d ,session ,s4 #djha ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #be1 #bjbj,ms4 ,stabenow 7for herself1 ,mr4 ,cassidy1 and ,mr4 ,jones7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to provide a grant program for elementary schools1 secondary schools1 and institutions of higher education to help offset costs associated with complying with guidelines1 recommendations1 and other public health communications issued by the ,centers for ,disease ,control and ,prevention1 or a ,state1 ,indian ,tribe1 ,tribal organization1 or locality related to mitigating the hazards presented by ,,covid-#ai4 #a4 ,short title ,this ,act may be cited as the ,reopen ,schools ,safely ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,in order to safely return to school in the fall1 elementary schools1 secondary schools1 and institutions of higher education must follow the guidelines provided by the ,centers for ,disease ,control and ,prevention 7,,cdc71 ,states1 ,indian ,tribes1 ,tribal organizations1 or localities4 7#b7 ,in order to follow the guidelines provided by the ,,cdc and other entities1 schools and institutions must have the resources1 training1 and expertise necessary to ensure students1 faculty1 and staff can return to a safe school environment4 7#c7 ,safely reopening schools is critical to the long-term health and well-being of children1 especially children from low-income households and children with disabilities4 7#d7 ,if schools are unable to safely reopen in the fall of #bjbj1 student achievement gaps will be exacerbated1 the digital divide will widen1 social and emotional learning needs will become greater1 and parents of young children will be forced to choose between paying for daycare services and returning to work or staying home with their children and forgoing employment opportunities4 7#e7 ,for many institutions of higher education1 safely reopening campuses is essential to long-term survivability1 especially for institutions that serve a high percentage of low-income1 ,federal ,pell ,grant-eligible students4 7#f7 ,on ,june #aj1 #bjbj1 the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate held the hearing titled1 ,,covid-#ai3 ,going ,back to ,school ,safely where ,ms4 ,susana ,cordova1 the ,superintendent of ,denver ,public ,schools1 testified that1 after conducting a community-wide survey1 the survey was loud and clear3 prioritize health and wellness4 7#g7 ,on ,june #d1 #bjbj1 the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate held the hearing titled1 ,,covid-#ai3 ,going ,back to ,college ,safely1 where ,dr4 ,logan ,hampton1 the ,president of ,lane ,college in the ,state of ,tennessee1 testified that ,congress needs to provide funding for the safety of our students1 faculty1 and staff and that doing so will help institutions adequately prepare and effectively execute the return of students to the classroom as we protect our campuses and larger communities4 7#h7 ,safely reopening elementary schools1 secondary schools1 and institutions of higher education requires robust funding support to ensure schools and institutions are not left with unfunded mandates4 #c4 ,state grant program to safely reopen schools 7a7 ,definitions ,in this section3 7#a7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term ,indian tribe in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#b7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb74 7#c7 ,local educational agency ,the term local educational agency has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#d7 ,outlying areas ,the term outlying areas means ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 ,guam1 and the ,united ,states ,virgin ,islands4 7#e7 ,personal protective equipment ,the term personal protective equipment has the meaning given the term in section #bjjje of the ,,cares ,act 7,public ,law #aaf-acf74 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,education4 7#g7 ,state ,the term ,state means each of the #ej ,states1 the ,district of ,columbia1 and the ,commonwealth of ,puerto ,rico4 7#h7 ,tribal organization ,the term ,tribal organization has the meaning given the term tribal organization in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7b7 ,authorization of grant program 7#a7 ,reservation ,from the amount appropriated to carry out this section for a fiscal year1 the ,secretary shall reserve one-half of #a percent for the ,bureau of ,indian ,education and one-half of #a percent for the outlying areas4 7#b7 ,authorization ,the ,secretary shall award grants to ,states from allotments made to the ,states under paragraph 7#c7 to offset costs associated with complying with guidelines1 recommendations1 and other public health communications issued by the ,centers for ,disease ,control and ,prevention1 or a ,state1 ,indian ,tribe1 ,tribal organization1 or locality related to mitigating the hazards presented by ,coronavirus ,disease #bjai 7,,covid-#ai74 7#c7 ,allotment formula ,from the amount appropriated to carry out this section for a fiscal year and not reserved under paragraph 7#a71 the ,secretary shall allot to each ,state for such fiscal year an amount that is equal to the sum of-- 7,a7 the amount that bears the same relation to #fj percent of the amount appropriated for such fiscal year and not reserved under paragraph 7#a71 as the number of individuals aged #e through #bd in the ,state bears to the total number of such individuals in all ,states2 and 7,b7 the amount that bears the same relation to #dj percent of the amount appropriated for such fiscal year and not reserved under paragraph 7#a71 as the number of children counted under section #aabd7;c7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fccc7;c77 in the ,state bears to the total number of such children counted in all ,states4 7c7 ,application 7#a7 ,in general ,the ,governor of a ,state that desires to receive a grant under this section shall submit an application to the ,secretary at such time1 in such manner1 and accompanied by such information as the ,secretary may require4 7#b7 ,timeline ,the ,secretary shall-- 7,a7 not later than #ae days after the date of enactment of this ,act1 issue a notification for applications for grants under this section2 and 7,b7 not later than #cj days after the date of notification for applications for grants under this section1 begin to award grants under this section4 7d7 ,allowable uses of funds 7#a7 ,in general ,a ,state that receives a grant under this section shall use not less than #ie percent of the grant funds to award subgrants only to local educational agencies or institutions of higher education to enable such agencies and institutions to offset costs associated with complying with guidelines1 recommendations1 and other public health communications issued by the ,centers for ,disease ,control and ,prevention1 or a ,state1 ,indian ,tribe1 ,tribal organization1 or locality related to mitigating the hazards presented by ,coronavirus ,disease #bjai 7,,covid-#ai71 including by carrying out the following3 7,a7 ,designing and implementing exposure control plans4 7,b7 ,hiring personnel and purchasing equipment necessary for health screenings1 including temperature screenings4 7,c7 ,purchasing in vitro diagnostic products 7as defined in section #hji4c of title #ba1 ,code of ,federal ,regulations7 for the detection of ,,sars-,co,v-#b or the diagnosis of the virus that causes ,,covid-#ai that are approved1 cleared1 or authorized under section #eaj7k71 #eac1 or #efd of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cfj7k72 #cfj;c2 #cfj;bbb-#c71 including both diagnostic and serological tests1 as appropriate4 7,d7 ,purchasing and installing physical barriers and reconfiguring physical public school buildings1 including classrooms and other aspects of the school's learning environment1 to provide for adequate social distancing4 7,e7 ,providing students1 educators1 and school staff with personal protective equipment4 7,f7 ,purchasing sanitation supplies1 including ,,epa-approved disinfectant and hiring adequate personnel to conduct school cleanings4 7,g7 ,developing and providing training related to ,,covid-#ai1 including the use of personal protective equipment4 7,h7 ,purchasing and installing new ventilation systems1 as necessary4 7,i7 ,purchasing any other items1 personnel1 or services determined necessary or recommended by the ,secretary or a ,state1 ,indian ,tribe1 ,tribal organization1 or locality related to mitigating the hazards presented by ,,covid-#ai4 7,j7 ,hiring transportation personnel and purchasing vehicles to transport students4 7,k7 ,purchasing connected devices for students to use at home1 high-speed internet or broadband access1 or other technology to ensure students can complete all schoolwork at home4 7,l7 ,purchasing secure1 third-party applications for symptom monitoring and associated information technology services4 7#b7 ,consultation ,a ,state that receives a grant under this section shall engage in meaningful consultation on the distribution of grant funds with local educational agencies1 institutions of higher education1 labor organizations1 parents1 students1 school support staff1 public health experts1 the ,state educational agency1 and educators4 7#c7 ,administrative funds ,a ,state that receives a grant under this section may reserve not more than #e percent of the grant funds for administrative costs and to develop ,state standards for mitigating ,,covid-#ai in schools4 7#d7 ,application for subgrants ,a ,state that receives a grant under this section shall establish an application process for local educational agencies and institutions of higher education to apply for subgrants under this section4 7e7 ,reimbursement of funds 7#a7 ,in general ,a ,state that receives a grant under this section may reimburse a local educational agency or institution of higher education for costs associated with safely reopening if the local educational agency or institution of higher education purchased or had expenditures that qualify as an allowable use of funds under subsection 7d74 7#b7 ,date of reimbursement eligibility ,a local educational agency or institution of higher education may only be reimbursed under paragraph 7#a7 for a cost incurred after the date of the ,,covid-#ai national emergency4 7#c7 ,,covid-#ai national emergency ,in this subsection1 the term ,,covid-#ai national emergency means the national emergency declared by the ,president under the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afja et seq47 on ,march #ac1 #bjbj1 with respect to the coronavirus4 7f7 ,receipts and records 7#a7 ,in general ,a ,state that receives a grant under this section or a local educational agency or institution of higher education that receives a subgrant under this section shall keep all receipts and records on the use of such grant or subgrant funds4 7#b7 ,receipts for reimbursement of funds ,prior to reimbursing a local educational agency or institution of education for an allowable use of funds under subsection 7d7 pursuant to subsection 7e71 the ,state shall certify that such funds were spent on expenses that are deemed an allowable use of funds as described in subsection 7d74 7g7 ,reports 7#a7 ,local educational agency and institution of higher education reports ,each local educational agency or institution of higher education that receives a subgrant under this section shall submit a report to the ,state that awarded the subgrant that details the use of the subgrant funds4 7#b7 ,state reports ,each ,state that receives a grant under this section shall submit an annual report to the ,secretary that details the use of the grant funds1 including the amount of funds reimbursed by the ,state to local educational agencies or institutions of higher education4 7#c7 ,secretary report ,the ,secretary shall-- 7,a7 submit an annual report to ,congress on the grant program carried out under this section2 and 7,b7 make such report publicly available4 7h7 ,returning funds 7#a7 ,in general ,any funds received under this section that are unexpended on the date that is #a year after the date of receipt of the funds shall be returned to the ,secretary4 7#b7 ,reallocation ,the ,secretary shall reallocate funds returned under paragraph 7#a7 to the remaining ,states in accordance with subsection 7b77#c74 7i7 ,restrictions ,a ,state that receives a grant under this section or a local educational agency or institution of higher education that receives a subgrant under this section may not resell any unused supplies or materials purchased with funds received under this section4 7j7 ,maintenance of effort ,a ,state's application for grant funds under this section shall include assurances that the ,state shall1 to the greatest extent practicable1 maintain support for elementary and secondary education1 and ,state support for higher education 7which shall include ,state funding to institutions of higher education and ,state need-based financial aid1 and shall not include support for capital projects or for research and development or tuition and fees paid by students7 in fiscal years #bjbj1 #bjba1 and #bjbb at least at the levels of such support that is the average of such ,state's support for elementary and secondary education and for higher education provided in the #c fiscal years preceding the date of enactment of this ,act4 7k7 ,equitable services 7#a7 ,in general 7,a7 ,provision of equitable services ,subject to subparagraphs 7,b7 and 7,c71 a local educational agency receiving funds under this section shall provide equitable services to students from low-income families1 and teachers of such students1 in non-public schools in the same manner as provided under section #aaag of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcbj7 7including the specific requirements of subsections 7a77#d77;,a77i7 and 7c7 of such section71 subject to paragraph 7#b71 as determined in consultation with representatives of non-public schools4 7,b7 ,determination of proportional share ,in determining the proportional share of expenditures for the equitable services described in subparagraph 7,a71 a local educational agency shall use the proportion determined under section #aaag7;a77#d77;,a77i7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcbj7;a77#d77;,a77i77 for the purposes of part ,a of title ,i of such ,act for fiscal year #bjai4 7,c7 ,eligible students and teachers ,a local educational agency required to provide equitable services under subparagraph 7,a7 shall provide such services to students and teachers at non-public schools whose students or teachers were eligible to receive equitable services from such local educational agency during fiscal year #bjai under section #aaag of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcbj74 7#b7 ,public control of funds ,the control of funds for the services and assistance provided to a non-public school under paragraph 7#a71 and title to materials1 equipment1 and property purchased with such funds1 shall be in a public agency1 and a public agency shall administer such funds1 materials1 equipment1 and property and shall provide such services 7or may contract for the provision of such services with a public or private entity74 7l7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal years #bjbj through #bjbb4