,,ii #aafth ,,congress #b;d ,session ,s4 #dhca ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #ba 7legislative day1 ,october #ai71 #bjbj,ms4 ,hirono 7for herself1 ,mr4 ,booker1 ,mr4 ,van ,hollen1 ,mr4 ,casey1 and ,ms4 ,baldwin7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to provide resources for ,states1 ,state educational agencies1 local educational agencies1 educators1 school leaders1 and others to measure and address instructional loss in students in kindergarten through grade #ab4 #a4 ,short title ,this ,act may be cited as the ,learning ,opportunity and ,achievement ,act4 #b4 ,purpose ,it is the purpose of this ,act to provide resources for ,states1 ,state educational agencies1 local educational agencies1 educators1 school leaders1 and others to measure and address instructional loss in students in kindergarten through grade #ab4 #c4 ,findings ,congress finds the following3 7#a7 ,children in every ,state were affected by school closures during the #bjai-bjbj school year1 which resulted in fewer instructional days for the ,nation's #ef1djj1jjj students in ,kindergarten through grade #ab1 and caused instructional loss for these students4 7#b7 ,instructional loss for certain students1 including ,black and ,hispanic students1 low-income students1 children with disabilities1 ,english learners1 ,native students1 migratory students1 students experiencing homelessness1 children and youth in foster care1 and others1 could be especially severe1 compounding existing opportunity and achievement gaps4 7#c7 ,instructional loss for students who lack access to broadband connectivity and mobile devices1 or who otherwise lack access to high-quality remote learning1 remote instruction1 and conducive learning environments1 could also be severe4 7#d7 ,before the coronavirus pandemic1 opportunity and achievement gaps between ,black and ,hispanic students and ,white students deprived the economy of the ,united ,states of between #caj1jjj1jjj1jjj and #ebe1jjj1jjj1jjj per year in productivity1 equivalent to #b percent to #d percent of gross domestic product4 ,furthermore1 achievement gaps between low-income students and high-income students deprived the ,united ,states economy of between #djj1jjj1jjj1jjj and #fgj1jjj1jjj1jjj per year in productivity1 equivalent to #c percent to #e percent of gross domestic product4 7#e7 ,preliminary estimates indicate students will return for the #bjbj-bjba school year with roughly #gj percent of learning gains in reading relative to a typical school year1 and1 in some grades1 with less than #ej percent of learning gains in mathematics1 nearly a full year behind where they would have been under normal circumstances4 7#f7 ,the average instructional loss due to recent school closures could be #g months for all students1 #aj4c months for ,black students1 #i4b months for ,hispanic students1 and more than a year for low-income students4 7#g7 ,students in ,kindergarten through grade #ab in the ,united ,states could lose between #fa1jjj and #hb1jjj in lifetime earnings solely due to coronavirus-related instructional loss4 7#h7 ,coronavirus-related instructional loss could result in reduced annual earnings for ,white students 7#a1cdh per year71 but even further reduced earnings for ,black students 7#b1ahf per year7 and ,hispanic students 7#a1hji per year71 resulting in #ih1hjj1jjj1jjj in reduced earnings per year4 7#i7 ,instructional loss caused by school closures and disruptions in learning could further compound learning1 achievement1 and opportunity gaps1 reduce lifetime earnings1 and harm competitiveness between the ,united ,states and other countries that mitigated the pandemic4 7#aj7 ,the pandemic has created new challenges for education1 but educators have performed admirably and adjusted accordingly to educate students4 ,however1 more resources are needed to make sure the ,nation's #c1gjj1jjj educators have the necessary tools to address instructional loss in students1 especially at-risk or marginalized students4 7#aa7 ,specifically1 more resources are needed to support evidence-based approaches to professional development that will help educators in their efforts to more effectively use technology1 address equity gaps in learning1 and provide personalized instruction within continually changing learning environments4 7#ab7 ,research has shown that1 among other things1 effective professional development for educators should be collaborative1 job-embedded1 content-based1 and sustained4 7#ac7 ,research has also shown that effective professional development for educators should be intensive1 provide opportunities for coaching and expert support1 and offer opportunities for feedback4 #d4 ,definitions ,in this ,act3 7#a7 ,,esea definitions ,the terms ,department1 elementary school1 evidence-based1 institution of higher education1 local educational agency1 outlying area1 paraprofessional1 professional development1 school leader1 secondary school1 ,secretary1 ,state1 and ,state educational agency have the meanings given those terms in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#b7 ,alaska ,native and ,alaska ,native organization ,the terms ,alaska ,native and ,alaska ,native organization have the meanings given those terms in section #fcjf of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gedf74 7#c7 ,at-risk or marginalized students ,the term at-risk or marginalized students means students in elementary or secondary school who are-- 7,a7 low-income students2 7,b7 minority students2 7,c7 children with disabilities2 7,d7 ,english learners2 7,e7 migratory students2 7,f7 homeless children and youth2 or 7,g7 children or youth in foster care4 7#d7 ,child with a disability ,the term child with a disability has the meaning given that term in section #fjb of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adja74 7#e7 ,community-based organization ,the term community-based organization means a public or private nonprofit organization with demonstrated effectiveness that-- 7,a7 is representative of a community or significant segments of a community2 and 7,b7 provides educational or related services to individuals in the community4 7#f7 ,distance learning ,the term distance learning means the transmission of educational or instructional programming to geographically dispersed individuals and groups via telecommunications or physical materials that is aligned to the requirements of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcja et seq474 7#g7 ,english learner ,the term ,english learner has the meaning given that term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#h7 ,homeless children and youth ,the term homeless children and youth has the meaning given the term homeless children or youths in section #gbe of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aadcd;a74 7#i7 ,hybrid learning ,the term hybrid learning means any combination of distance and in-person learning where distance learning represents a substantial component of the instructional model4 7#aj7 ,migratory child ,the term migratory child means a child or youth who made a qualifying move 7as defined in section #acji of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcii7 in the preceding #cf months-- 7,a7 as a migratory agricultural worker or a migratory fisher 7as those terms are defined in such section72 or 7,b7 with1 or to join1 a parent or spouse who is a migratory agricultural worker or a migratory fisher 7as those terms are defined in such section74 7#aa7 ,native ,hawaiian1 ,native ,hawaiian community-based organization and ,native ,hawaiian educational organization ,the terms ,native ,hawaiian1 ,native ,hawaiian community-based organization and ,native ,hawaiian educational organization have the meanings given those terms in section #fbjg of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #geag74 7#ab7 ,native students ,the term ,native students means students in elementary or secondary school who are ,american ,indian1 ,alaska ,native1 or ,native ,hawaiian4 7#ac7 ,poverty line ,the term poverty line means the poverty line 7as defined by the ,office of ,management and ,budget and revised annually in accordance with section #fgc7b7 of the ,community ,services ,block ,grant ,act7 applicable to a family of the size involved4 #e4 ,professional development to address instructional loss in students 7a7 ,in general ,there are authorized to be appropriated1 and there are appropriated1 out of any amounts in the ,treasury not otherwise appropriated1 #b1bej1jjj1jjj to carry out part ,a of title ,,ii of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ffaa et seq47 for fiscal year #bjbb1 of which1 not less than #aj percent shall be used for activities under that part for school leaders 7as such term is defined in that ,act74 7b7 ,emergency designation 7#a7 ,in general ,the amounts provided by this section are designated as an emergency requirement pursuant to section #d7;g7 of the ,statutory ,pay-,as-,you-,go ,act of #bjaj 7#b ,u4,s4,c4 #icc7;g774 7#b7 ,designation in ,senate ,in the ,senate1 this section is designated as an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah4 #f4 ,professional development grants 7a7 ,grants authorized ,from amounts made available under subsection 7d71 the ,secretary shall award grants1 on a competitive basis1 to ,states to enable ,states to provide funds to local educational agencies for supplemental professional development opportunities for educators1 paraprofessionals1 specialized instructional support personnel1 and school leaders regarding how to effectively deliver distance learning and hybrid learning models4 7b7 ,application ,not later than #cj days after the date of enactment of this ,act1 the ,secretary shall request applications for grants under this section4 ,each ,state desiring a grant under this section shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may reasonably require1 including-- 7#a7 a plan to ensure that local educational agencies use evidence-based approaches to professional development1 and approaches that are collaborative1 job-embedded1 content-based1 and sustained in duration2 7#b7 a description of how the local educational agencies in the ,state provide evidence-based professional development1 at the time the application is submitted2 and 7#c7 a description of how the ,state will ensure that local educational agencies use grant funds to provide evidence-based professional development-- 7,a7 focused on distance learning and hybrid learning2 7,b7 that supports at-risk and marginalized students1 including low-income students1 minority students1 children with disabilities1 ,english learners1 migratory students1 homeless children and youth1 and children or youth in foster care2 and 7,c7 that is collaborative1 job-embedded1 content-based1 and sustained in duration4 7c7 ,uses of funds 7#a7 ,in general ,a ,state receiving a grant under this section shall use grant funds to provide funds to local educational agencies for supplemental professional development opportunities for educators1 paraprofessionals1 specialized instructional support personnel1 and school leaders regarding how to effectively deliver distance learning and hybrid learning models4 7#b7 ,administrative costs ,a ,state may reserve not more than #aj percent of grant funds for administrative costs4 7d7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section #ej1jjj1jjj4 #g4 ,training resource grants 7a7 ,grants authorized ,from amounts made available under subsection 7e71 the ,secretary shall award grants1 on a competitive basis1 to eligible entities to enable those eligible entities to develop training resources for educators1 paraprofessionals1 specialized instructional support personnel1 and school leaders1 including online training resources4 7b7 ,eligible entity ,in this section1 the term eligible entity means-- 7#a7 a ,state educational agency2 7#b7 a local educational agency2 or 7#c7 an entity described in paragraph 7#a7 or 7#b7 in partnership with one or more of the following3 7,a7 ,a public elementary school or secondary school4 7,b7 ,a nonprofit institution of higher education4 7,c7 ,a national nonprofit organization with experience researching1 evaluating1 and providing information and guidance1 including best practices1 on professional development or training programs or professional enhancement activities1 which may include activities that lead to an advanced credential1 for educators1 paraprofessionals1 specialized instructional support personnel1 or school leaders4 7,d7 ,an ,alaska ,native organization4 7,e7 ,a ,native ,hawaiian community-based organization or ,native ,hawaiian educational organization4 7,f7 ,a community-based nonprofit organization4 7c7 ,application2 priority 7#a7 ,application ,not later than #cj days after the date of enactment of this ,act1 the ,secretary shall request applications for grants under this section4 ,each eligible entity desiring a grant under this section shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may reasonably require1 including-- 7,a7 a plan to develop evidence-based training resources2 7,b7 a description of the eligible entity's experience creating evidence-based training resources2 and 7,c7 a description of how the eligible entity will use grant funds to create evidence-based training resources-- 7i7 focused on distance learning and hybrid learning2 7ii7 that support at-risk and marginalized students1 including low-income students1 minority students1 children with disabilities1 ,english learners1 migratory students1 homeless children and youth1 and children or youth in foster care2 and 7iii7 that support approaches to professional development that are collaborative1 job-embedded1 content-based1 and sustained in duration4 7#b7 ,priority ,in awarding grants under this section1 the ,secretary shall give priority to eligible entities-- 7,a7 that serve a high rate of students who are from families at or below the poverty line2 or 7,b7 that serve a population with a high rate of ,,covid-#ai infection4 7d7 ,uses of funds 7#a7 ,in general ,an eligible entity receiving a grant under this section shall use grant funds to develop evidence-based training resources for educators1 paraprofessionals1 specialized instructional support personnel1 and school leaders1 including online training resources4 7#b7 ,administrative costs ,an eligible entity receiving a grant under this section may reserve not more than #e percent of grant funds for administrative costs4 7e7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section #ajj1jjj1jjj4 #h4 ,student support grants 7a7 ,grants authorized ,from amounts made available under subsection 7e71 the ,secretary shall award grants1 on a competitive basis1 to eligible entities to enable those eligible entities to provide evidence-based tutoring services and related academic supports for at-risk or marginalized students1 including low-income students1 minority students1 children with disabilities1 ,english learners1 migratory students1 homeless children and youth1 and children or youth in foster care1 and ,native students4 7b7 ,eligible entity ,in this section1 the term eligible entity means-- 7#a7 a ,state educational agency2 7#b7 a local educational agency2 or 7#c7 an entity described in paragraphs 7#a7 or 7#b7 in partnership with one or more of the following3 7,a7 ,a public elementary school or secondary school4 7,b7 ,a nonprofit institution of higher education4 7,c7 ,a national nonprofit organization with experience researching1 evaluating1 and providing information and guidance1 including best practices1 on evidence-based professional development or training programs or professional enhancement activities1 which may include activities that lead to an advanced credential1 for educators1 paraprofessionals1 specialized instructional support personnel1 or school leaders4 7,d7 ,an ,alaska ,native organization4 7,e7 ,a ,native ,hawaiian community-based organization or ,native ,hawaiian educational organization4 7,f7 ,a community-based nonprofit organization4 7c7 ,application ,not later than #cj days after the date of enactment of this ,act1 the ,secretary shall request applications for grants under this section4 ,each eligible entity desiring a grant under this section shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may reasonably require1 including-- 7#a7 a description of the eligible entity's experience providing evidence-based tutoring services or related academic supports2 and 7#b7 a description of how the eligible entity will use grant funds to provide evidence-based tutoring services or related academic supports-- 7,a7 focused on addressing instructional loss due to ,,covid-#ai2 and 7,b7 that support at-risk and marginalized students1 including low-income students1 minority students1 children with disabilities1 ,english learners1 migratory students1 homeless children and youth1 and children or youth in foster care1 and ,native students4 7d7 ,uses of funds 7#a7 ,in ,general ,an eligible entity receiving a grant under this section shall use grant funds to provide evidence-based tutoring services and related academic supports for at-risk or marginalized students1 including low-income students1 minority students1 children with disabilities1 ,english learners1 migratory students1 homeless children and youth1 and children or youth in foster care1 and ,native students4 7#b7 ,administrative costs ,an eligible entity receiving a grant under this section may reserve not more than #aj percent of grant funds for administrative costs4 7e7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section #ej1jjj1jjj4 #i4 ,innovation grants 7a7 ,grants authorized ,from amounts made available under subsection 7d71 the ,secretary shall award grants1 on a competitive basis1 to local educational agencies to enable those local educational agencies to carry out the activities described in subsection 7c74 7b7 ,application ,not later than #cj days after the date of enactment of this ,act1 the ,secretary shall request applications for grants under this section4 ,each local educational agency desiring a grant under this section shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may reasonably require1 including a description of how the local educational agency will use grant funds to-- 7#a7 support evidence-based approaches to addressing instructional loss due to ,,covid-#ai2 and 7#b7 support evidence-based approaches to addressing instructional loss due to ,,covid-#ai in at-risk and marginalized students1 including low-income students1 minority students1 children with disabilities1 ,english learners1 migratory students1 homeless children and youth1 and children or youth in foster care4 7c7 ,uses of funds 7#a7 ,in general ,a local educational agency receiving a grant under this section shall use grant funds 7in an amount of not more than #ej1jjj each7-- 7,a7 to purchase evidence-based training resources for educators1 paraprofessionals1 specialized instructional support personnel1 and school leaders2 7,b7 to develop evidence-based training resources for educators1 paraprofessionals1 specialized instructional support personnel1 and school leaders2 or 7,c7 to propose innovative1 evidence-based projects to improve distance learning and hybrid learning for students4 7#b7 ,priority ,in awarding grants under this section1 the ,secretary shall give priority to local educational agencies-- 7,a7 that serve a high percentage of at-risk or marginalized students1 including low-income students1 minority students1 children with disabilities1 ,english learners1 migratory students1 homeless children and youth1 or children or youth in foster care1 or ,native students2 or 7,b7 who plan to engage in projects that address instructional loss for at-risk or marginalized students1 including low-income students1 minority students1 children with disabilities1 ,english learners1 migratory students1 homeless children and youth1 and children or youth in foster care1 and ,native students4 7#c7 ,administrative costs ,a local educational agency receiving a grant under this section may reserve not more than #e percent of grant funds for administrative costs4 7d7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section #be1jjj1jjj4 #aj4 ,learning ,hubs 7a7 ,definitions ,in this section3 7#a7 ,eligible school ,the term eligible school means a public elementary or secondary school-- 7,a7 with respect to which not less than #dj percent of students enrolled are children counted under section #aabd7;c7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fccc7;c772 and 7,b7 that is in compliance with the requirements of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq474 7#b7 ,learning hub ,the term learning hub means a supervised1 on-campus learning environment where students1 during times of physical school closure1 have access to broadband connectivity 7such as ,wi-,fi71 laptop computers1 assistive technology devices1 and other devices necessary for distance learning1 school supplies1 and technology and digital support services4 7b7 ,program authorized ,from amounts made available under subsection 7f71 the ,secretary shall award grants1 on a competitive basis1 to local educational agencies to enable those local educational agencies to carry out the activities described in subsection 7d7 at eligible schools4 7c7 ,application 7#a7 ,in general ,not later than #cj days after the date of enactment of this ,act1 the ,secretary shall request applications for grants under this section4 ,each local educational agency desiring a grant under this section shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may reasonably require1 including1 at a minimum-- 7,a7 an assurance that the local educational agency has developed a high-quality distance learning curriculum for students in the learning hubs2 and 7,b7 an assurance that learning hubs will be required to meet ,federal1 ,state1 ,tribal1 and local public health and safety guidelines1 as applicable4 7#b7 ,priority ,in providing funds under this section1 the ,secretary shall give priority to local educational agencies that-- 7,a7 plan to serve a high percentage of at-risk or marginalized students1 including-- 7i7 low-income students1 minority students1 children with disabilities1 ,english learners1 migratory students1 homeless children and youth1 and children or youth in foster care2 7ii7 ,native students2 or 7iii7 students who lack internet and device access2 and 7,b7 have adopted high-quality distance learning models4 7d7 ,uses of funds ,a local educational agency receiving a grant under this section shall use grant funds to pay expenses related to the administration of learning hubs at eligible schools1 including-- 7#a7 the cost of paying instructors who are educators1 paraprofessionals1 or specialized instructional support personnel who are employed by the local educational agency or eligible school receiving grant funds2 or 7#b7 the cost of broadband connectivity1 laptop computers and other devices necessary for distance learning1 school supplies1 and technology and digital support services4 7e7 ,report ,not later than #ahj days after receiving a grant under this section1 a local educational agency receiving a grant under this section shall submit a report to the ,secretary containing information about the effectiveness of learning hubs at eligible schools that are supported with funds under the grant1 including the number of students served4 7f7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section #be1jjj1jjj4 #aa4 ,best practices 7a7 ,best practices ,the ,secretary1 acting through the ,director of the ,institute of ,education ,sciences1 shall identify information about best practices for schools to measure and address instructional loss during the period of the public health emergency declared by the ,secretary of ,health and ,human ,services under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d7 with respect to ,,covid-#ai1 especially for at-risk or marginalized students1 including low-income students1 minority students1 children with disabilities1 ,english learners1 migratory students1 homeless children and youth1 and children or youth in foster care1 and ,native students4 7b7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall-- 7#a7 prepare and submit a report to ,congress containing the information about best practices identified under subsection 7a72 7#b7 widely disseminate such information to ,states2 and 7#c7 make such information available on the ,department's website4 #ab4 ,study on instructional loss ,not later than #a year after the date of enactment of this ,act1 the ,secretary1 acting through the ,director of the ,institute of ,education ,sciences1 shall-- 7#a7 carry out a study to determine instructional loss in at-risk or marginalized students1 including low-income students1 minority students1 children with disabilities1 ,english learners1 migratory students1 homeless children and youth1 and children or youth in foster care1 during the period of the public health emergency declared by the ,secretary of ,health and ,human ,services under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d7 with respect to ,,covid-#ai2 and 7#b7 prepare and submit a report to ,congress containing the results of that study4