,,ii #aaith ,,congress #b;d ,session ,s4 #eaie ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #cj1 #bjbf,mr4 ,markey 7for himself1 ,mr4 ,sanders1 ,mr4 ,schiff1 and ,ms4 ,warren7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to establish a ,green ,new ,deal for public schools4 #a4 ,short title ,this ,act may be cited as the ,green ,new ,deal for ,public ,schools ,act4 #b4 ,table of contents ,this table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4,sec4 #b4 ,table of contents4,sec4 #c4 ,definitions4,sec4 #d4 ,social ,vulnerability ,index of the ,centers for ,disease ,control and ,prevention4,,title ,i--,climate capital facilities grants1 resource block grants1 and educational equity grants,sec4 #aja4 ,general provisions4,sec4 #ajb4 ,climate capital facilities grants4,sec4 #ajc4 ,resource block grants4,sec4 #ajd4 ,educational equity planning grants4,sec4 #aje4 ,mandatory funding of the ,individuals with ,disabilities ,education ,act4,sec4 #ajf4 ,elementary and ,secondary ,education funding4,,title ,,ii--,climate change resiliency,sec4 #bja4 ,definitions4,sec4 #bjb4 ,climate change resiliency program4,sec4 #bjc4 ,grant program4,sec4 #bjd4 ,report4,sec4 #bje4 ,authorization of appropriations2 mandatory appropriations4 #c4 ,definitions ,except as otherwise expressly provided1 in this ,act3 7#a7 ,,bie terms ,the terms ,,bie schools and schools funded by ,,bie mean-- 7,a7 elementary and secondary schools and dormitories operated by the ,bureau of ,indian ,education2 7,b7 elementary and secondary schools and dormitories funded by the ,bureau of ,indian ,education and operated pursuant to a grant under the ,tribally ,controlled ,schools ,act of #aihh 7#be ,u4,s4,c4 #beja et seq472 and 7,c7 elementary and secondary schools and dormitories funded by the ,bureau of ,indian ,education and operated pursuant to a contract under the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecja et seq474 7#b7 ,,esea terms ,the terms child with a disability1 elementary school1 ,english learner1 paraprofessional1 secondary school1 local educational agency1 and ,secretary 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#c7 ,climate justice ,the term climate justice means the fair treatment and meaningful involvement of all people1 regardless of race1 color1 culture1 national origin1 or income1 with respect to the development1 implementation1 and enforcement of policies and projects to ensure that each person enjoys the same degree of protection from the adverse effects of climate change4 7#d7 ,environmental justice ,the term environmental justice means the fair treatment and meaningful involvement of all people1 regardless of race1 color1 culture1 national origin1 or income1 with respect to the development1 implementation1 and enforcement of environmental laws1 regulations1 and policies to ensure that each person enjoys-- 7,a7 the same degree of protection from environmental and health hazards2 and 7,b7 equal access to any ,federal agency action on justice issues related to the environment in order to have a healthy environment in which to live1 learn1 work1 and recreate4 7#e7 ,nonprofit organization ,the term nonprofit organization means an organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and exempt from taxation under #eja7;a7 of that ,code4 7#f7 ,vulnerability ranking ,the term vulnerability ranking means the most recent available ranking of each public elementary school and secondary school in the ,united ,states based on the ,social ,vulnerability ,index of the ,centers for ,disease ,control and ,prevention and ,agency for ,toxic ,substances and ,disease ,registry for the ,census tract in which the school is located4 #d4 ,social ,vulnerability ,index of the ,centers for ,disease ,control and ,prevention 7a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 and not less frequently than once every #b years thereafter1 the ,director of the ,centers for ,disease ,control and ,prevention shall update the ,centers for ,disease ,control and ,prevention and ,agency for ,toxic ,substances and ,disease ,registry ,social ,vulnerability ,index 7referred to in this ,act as the ,,cdc ,,svi7 based on the most recent data available from the ,american ,community ,survey as administered by the ,census ,bureau4 ,in updating the ,,cdc ,,svi1 the ,director of the ,centers for ,disease ,control and ,prevention shall use the same methodology as was in effect for the most recent release of the ,,cdc ,,svi before the date of enactment of this ,act4 7b7 ,report to ,congress ,the ,director of the ,centers for ,disease ,control and ,prevention shall1 not later than #a year after the date of enactment of this ,act1 and every #b years thereafter1 submit to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report summarizing the methodology utilized for the ,,cdc ,,svi and outlining any challenges associated with data collection or reporting4 ,i ,climate capital facilities grants1 resource block grants1 and educational equity grants #aja4 ,general provisions 7a7 ,creation of new office at the ,department of ,education ,there is established in the ,department of ,education1 an ,office of ,sustainable ,schools1 which shall-- 7#a7 administer the resource block grant program under section #ajc and the educational equity grant program under section #ajd2 and 7#b7 in close collaboration with the ,department of ,energy1 the ,environmental ,protection ,agency1 and the ,department of ,agriculture1 coordinate the activities of those grant programs with-- 7,a7 the activities of the climate capital facilities grant program under section #ajb1 administered by the ,secretary of ,energy2 and 7,b7 the activities of the climate change resiliency program under title ,,ii4 7b7 ,resource allocation plan ,each applicant for a grant under this title shall submit with their application a resource allocation plan1 which shall include-- 7#a7 a detailed explanation of how the grant funds will be spent2 and 7#b7 an implementation strategy1 which shall be developed after a community-engaged planning process1 with representation from educators1 principals1 administrators1 students1 parents1 school boards1 caregivers1 ,indian ,tribes 7where applicable71 and community organizations that have documented experience as local providers and partners1 and which shall include-- 7,a7 an outline of the applicant's goals to address environmental1 economic1 and educational equity in the projects and activities supported by the grant funds2 7,b7 annual benchmarks to measure the applicant's progress toward meeting those goals2 7,c7 a plan to ensure that1 to the greatest extent practicable1 not less than #cj percent of all jobs funded by the grant will be-- 7i7 filled by individuals hired through an equitable local community-based hiring process1 especially individuals who reside in the same catchment area as students attending the school in which those individuals will work1 or individuals who previously attended the school in which those individuals will work2 or 7ii7 filled by individuals who reside in a ,,zip ,code served by the local educational agency receiving the grant or in a neighboring ,,zip ,code2 7,d7 as applicable1 a commitment to local hiring from businesses1 nonprofit organizations1 and cooperatives 7including worker cooperatives7 in a manner that contributes to the implementation strategy1 advances the economic and social empowerment of traditionally disadvantaged individuals and communities 7including low-income and low-wealth individuals and communities71 and creates opportunities for-- 7i7 people of color2 7ii7 immigrants1 regardless of immigrant status2 7iii7 formerly incarcerated individuals2 7iv7 women2 7v7 ,,lgbtqiap individuals2 7vi7 individuals with disabilities or chronic illness2 7vii7 young or elderly individuals2 7viii7 young adults exiting the foster care system2 and 7ix7 unhoused individuals2 and 7,e7 a plan to ensure the greatest practicable number of training opportunities within schools benefitting from grant funds under this ,act4 7c7 ,documentation 7#a7 ,in ,general ,each recipient of a grant under this title shall document the recipient's progress toward meeting the resource allocation plan goals over the course of the grant period on a public digitized platform1 which may be an existing public dashboard1 data center1 or information hub of a public website4 7#b7 ,requirements ,a grant recipient shall establish and maintain a public digitized platform for the purposes described in this subsection if one has not already been established on the date of the grant award4 7#c7 ,accessible data ,each recipient of a grant under this title shall ensure that data described in this subsection and presented on the public digitized platform-- 7,a7 is accessible to individuals in multiple languages 7as applicable to the relevant community72 7,b7 is accessible to individuals with different literacy levels2 7,c7 complies with the most recent ,web ,content ,accessibility ,guidelines of the ,web ,accessibility ,initiative1 or successor guidelines2 and 7,d7 is standardized4 7d7 ,bureau of ,indian ,education 7#a7 ,in general ,the ,secretary of ,education and the ,secretary of ,energy1 as applicable1 in conjunction with the ,secretary of the ,interior1 shall reserve a sufficient amount of grant funding and additional administrative expenses1 for each grant program authorized under this title1 for the ,bureau of ,indian ,education to fully carry out the applicable grant activities at all ,,bie schools and schools funded by ,,bie1 which shall include providing any necessary technical assistance to assist a ,,bie school or school funded by ,,bie in creating a resource allocation plan or meeting other grant requirements in collaboration with the applicable ,indian ,tribe and community members4 7#b7 ,ensuring sovereignty and self-determination ,the ,secretary of ,education1 the ,secretary of ,energy1 and the ,secretary of the ,interior shall ensure that the administration of funds reserved under paragraph 7#a7 and provision of technical assistance under paragraph 7#a7 is carried out in accordance with principles of ,indian ,tribal sovereignty and self-determination4 #ajb4 ,climate capital facilities grants 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means a-- 7,a7 a local educational agency1 consortia of local educational agencies1 or a ,state educational agency that is applying on behalf of #a or more public schools ranked as one of the #a_/c most vulnerable schools in the ,united ,states1 based on the most recent available vulnerability ranking2 7,b7 a ,,bie school2 or 7,c7 a school funded by ,,bie4 7#b7 ,healthy green retrofit ,the term healthy green retrofit1 with respect to a facility1 means the holistic modification of the entire facility to remove health harms1 eliminate greenhouse gas emissions1 and ensure a safe1 accessible1 and comfortable environment1 including through measures that achieve or convert the facility to address the following goals3 7,a7 ,optimal air quality4 7,b7 ,detoxification of air1 water1 and materials4 7,c7 ,enhanced light quality4 7,d7 ,improved energy efficiency4 7,e7 ,improved water quality and efficiency4 7,f7 ,safe and effective wastewater treatment4 7,g7 ,electrification and decarbonization4 7,h7 ,optimized energy management4 7,i7 ,distributed renewable energy4 7,j7 ,structural integrity4 7,k7 ,resilience to the impacts of climate change and natural hazards4 7,l7 ,comfort and accessibility for all users of the facility1 including temperature control4 7#c7 ,healthy zero-carbon school ,the term healthy zero-carbon school means a public school1 ,,bie school1 or school funded by ,,bie-- 7,a7 with highly energy-efficient facilities that produce onsite1 or procure1 sufficient carbon-free and pollution-free renewable energy to meet the total annual energy consumption of the public school1 ,,bie school1 or school funded by ,,bie2 7,b7 that does not contain any asbestos1 mold1 fungus1 lead1 polychlorinated biphenyl 7,,pcb71 or other contaminant identified as high-priority by the ,office of ,sustainable ,schools2 7,c7 the space heating1 water heating1 and lighting systems of which are all-electric2 7,d7 the food service facilities of which use all-electric systems that include contemporary induction burners and convection stoves2 7,e7 that has installed onsite renewable energy1 including solar photovoltaic systems1 batteries1 flywheels1 compressed air systems1 pumped hydroelectric systems1 thermal energy storage systems1 and any other technologies that provide distributed renewable energy generation1 energy storage1 and resilience to extreme weather events1 whenever conditions permit2 7,f7 that continuously provides clean air1 clean water1 and a comfortable learning and working environment1 including with respect to temperature2 7,g7 that integrates natural and mechanical systems for natural daylight1 views to the outdoors1 and operable windows2 7,h7 that provides full accessibility in compliance with-- 7i7 the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq472 and 7ii7 applicable provisions of section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid72 and 7,i7 that is designed to promote a safe1 inclusive1 and welcoming environment for all students and staff4 7#d7 ,national ,laboratory ,the term ,national ,laboratory has the meaning given the term in section #b of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja74 7#e7 ,public school ,the term public school means-- 7,a7 a public elementary school2 and 7,b7 a public secondary school4 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,energy1 acting through the ,assistant ,secretary for ,energy ,efficiency and ,renewable ,energy4 7b7 ,establishment ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary1 in coordination with the ,secretary of ,education1 shall establish program under which the ,secretary shall provide grants to eligible entities-- 7#a7 to conduct healthy green retrofits at facilities of the eligible entities to convert existing public schools1 ,,bie schools1 or schools funded by ,,bie into healthy zero-carbon schools2 and 7#b7 to construct new1 healthy zero-carbon schools1 subject to the condition that each new1 healthy zero-carbon school so constructed shall be located not less than #b1ejj feet from any oil or gas wells in the vicinity of the healthy zero-carbon school4 7c7 ,application 7#a7 ,in general ,an eligible entity desiring a grant under subsection 7b7 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 resource allocation plan described in section #aja7;b74 7#b7 ,grantee support 7,a7 ,outreach ,the ,secretary1 in coordination with the ,secretary of ,education and the ,secretary of the ,interior1 shall conduct an outreach campaign not later than #c months prior to the end of a grant competition under this section that-- 7i7 notifies all ,state educational agencies1 local educational agencies1 public schools1 ,,bie schools1 and schools funded by ,,bie that meet applicable criteria for eligibility to apply for a grant under this section2 and 7ii7 increases public awareness amongst students1 parents1 families1 teachers1 principals1 other school leaders1 facilities staff1 and experts in healthy green retrofits about such grant competition4 7#c7 ,technical assistance ,on request of an eligible entity applying for a grant under this section1 the ,secretary of ,education shall provide to the eligible entity technical assistance to develop the resource allocation plan required under section #aja7;b74 7#d7 ,approval ,the ,secretary shall approve each application that meets the requirements of this section4 ,in the case of an application that does not meet such requirements1 the ,secretary shall consult with the eligible entity and shall provide technical assistance1 as necessary1 to ensure that the eligible entity meets such requirements4 7d7 ,allocation of grant funds 7#a7 ,in general ,subject to paragraph 7#b71 the ,secretary shall provide to each eligible entity that submits an application approved by the ,secretary under subsection 7c7 a grant in accordance with this section4 7#b7 ,allocation 7,a7 ,in general ,the ,secretary shall allocate grant funds to eligible entities described in paragraph 7#a7-- 7i7 in the case of a healthy green retrofit project described in subsection 7b77#a71 in accordance with the formula established under paragraph 7#c71 subject to the conditions described in subparagraph 7,b72 and 7ii7 in the case of a new1 healthy zero-carbon schools project described in subsection 7b77#b71 in a manner determined by the ,secretary of ,education4 7,b7 ,conditions for healthy green retrofit projects ,in allocating grant funding to carry out projects described in subsection 7b77#a71 the ,secretary shall make allocations as follows3 7i7 ,the amount of a grant provided under this section to an eligible entity that uses such amount to serve a public school ranked as one of the #a_/c most vulnerable schools in the ,united ,states1 based on the most recent available vulnerability ranking1 a local educational agency applying on behalf of such a school1 or any ,,bie school or school funded by ,,bie1 shall be sufficient to cover #ajj percent of cost of carrying out a project described in subsection 7b77#a74 7ii7 ,the amount of a grant provided under this section to an eligible entity that uses such amount to serve a public school ranked as one of the #a_/c least vulnerable schools in the ,united ,states1 based on the most recent available vulnerability ranking1 or a local educational agency applying on behalf of such a school1 shall be sufficient to cover #a_/c of the cost of carrying out a project described in subsection 7b77#a74 7,c7 ,loans 7i7 ,in general ,an eligible entity described in clause 7ii7 of subparagraph 7,b7 may submit to the ,secretary an application for a no-interest or low-interest loan to cover any remaining costs of carrying out a project described in subsection 7b77#a74 7ii7 ,limitation ,the total amount of loans provided by the ,secretary under clause 7i7 shall be not more than #ddf1jjj1jjj1jjj4 7#c7 ,funding formula 7,a7 ,in general ,subject to subparagraph 7,b71 the ,secretary shall establish a formula for purposes of paragraph 7#b77;,a77i71 based on the results of the initial audit conducted under subsection 7g77#a77;,a74 7,b7 ,revisions ,after each subsequent audit is conducted under subsection 7g77#a77;,b71 the ,secretary shall revise the formula established under subparagraph 7,a71 based on the results of that audit4 7e7 ,use of grant funds 7#a7 ,in general ,a recipient of a grant under this section shall use the grant-- 7,a7 to conduct healthy green retrofits to convert #a or more facilities to a healthy zero-carbon school as soon as practicable after receiving the grant funds2 or 7,b7 to construct a new1 healthy zero-carbon school4 7#b7 ,activities to support school safety1 security1 and a welcoming school environment 7,a7 ,in general ,in carrying out activities to comply with paragraph 7#a71 a grant recipient shall-- 7i7 consider and seek to incorporate1 to the greatest extent practicable1 design and construction strategies to promote safety and security1 support accessibility1 prevent violence1 promote a sense of belonging1 improve student mental health and physical well-being1 and foster a positive1 inclusive1 and welcoming school culture and environment1 including through evidence-based1 trauma-informed physical updates1 such as-- 7,i7 access control measures2 7,,ii7 internal door locks2 7,,iii7 appropriate lighting1 including natural daylight2 7,,iv7 noise1 temperature1 and odor control2 7,v7 spaces for storytelling1 collaboration1 connection1 play1 and movement2 7,,vi7 student-curated displays2 7,,vii7 clear wayfinding2 7,,viii7 design principles to facilitate high-quality emergency response or planning2 and 7,,ix7 other design and construction measures2 and 7ii7 engage students1 parents1 educators1 and school staff early in the design process4 7,b7 ,limitation ,a grant recipient may not use grant funds under this section-- 7i7 for measures that subject students to potential penalties imposed by law enforcement1 unduly surveil students1 or otherwise detract from a positive1 inclusive1 and welcoming school culture and environment2 and 7ii7 for measures that would reduce the accessibility of the school environment for children with disabilities4 7#c7 ,additional authorized uses ,after complying with paragraph 7#a71 a recipient of a grant under this section may use the grant to pursue other projects1 consistent with the goals of a healthy green retrofit1 and in doing so1 is encouraged to install green rooftops that reduce stormwater runoff and maximize urban island heat effect reduction benefits4 ,such rooftops shall meet the minimum performance standard specified within the ,living ,architecture ,performance ,tool 7,,lapt7 rating system1 and shall be implemented or completed in consultation with at least one ,green ,roof ,professional 7,,grp7 as accredited by the ,green ,roof ,industry ,association4 7#d7 ,solar ,,pv systems ,a recipient of a grant under this section is encouraged to use the grant to purchase and install #a or more solar photovoltaic systems to maximize returns1 rather than leasing roof space to other individuals or entities4 7#e7 ,efficiency standards ,in carrying out a project using a grant provided under this section1 an eligible entity shall carry out reasonable measures to meet the following energy efficiency standards1 as applicable3 7,a7 ,for a new construction project1 design and operate the applicable facility-- 7i7 to achieve-- 7,i7 a site energy use intensity equal to or less than #be k,btu_/sf_/year2 or 7,,ii7 an ,energy ,star score of #ij2 and 7ii7 to offset not less than #cj percent of energy consumption with onsite renewable energy4 7,b7 ,for a project to modify an existing facility1 design and operate the facility-- 7i7 to achieve-- 7,i7 a site energy use intensity equal to or less than #ce k,btu_/sf_/year2 or 7,,ii7 an ,energy ,star score of #gj2 and 7ii7 to offset not less than #bj percent of energy consumption with onsite renewable energy4 7#f7 ,additional standards ,in carrying out a project using a grant provided under this section1 an eligible entity shall adhere to the applicable guidance contained in-- 7,a7 the design guide of the ,american ,society of ,heating1 ,refrigeration and ,air-,conditioning ,engineers 7,,ashrae7 entitled ,achieving ,zero ,energy--,advanced ,energy ,design ,guide for ,k-#ab ,school ,buildings2 and 7,b7 the document of the ,national ,renewable ,energy ,laboratory entitled ,a ,guide to ,zero ,energy and ,zero ,energy ,ready ,k-#ab ,schools4 7f7 ,measurements and assessments 7#a7 ,in general ,on conclusion of a healthy green retrofit or construction project funded by a grant under this section1 the applicable eligible entity shall submit to the ,secretary a measurement and assessment of the energy performance of each facility affected by the project1 as determined-- 7,a7 before and after the project2 and 7,b7 based on standards agreed to by the eligible entity and the ,secretary4 7#b7 ,publication ,the ,secretary shall make all data submitted under paragraph 7#a7 relating to performance changes publicly available to enable subsequent healthy green retrofit project sponsors to learn from1 and improve on1 the processes and technologies used 7except that such data shall not be required to be publicly available in the case of a school funded by the ,,bie74 7g7 ,comprehensive audits of healthy green retrofit needs 7#a7 ,audits 7,a7 ,initial audit ,not later than #ahj days after the date on which the ,office of ,sustainable ,schools is established under section #aja7;a71 the ,secretary1 working jointly with the head of the ,office of ,sustainable ,schools1 shall complete an audit of a representative sample of public schools1 ,,bie schools1 and schools funded by ,,bie across the ,united ,states to identify healthy green retrofit needs4 7,b7 ,subsequent audits ,after the initial audit is completed under subparagraph 7,a71 the ,secretary1 working jointly with the head of the ,office of ,sustainable ,schools1 periodically shall complete an audit of all public schools1 ,,bie schools1 and schools funded by ,,bie across the ,united ,states to identify healthy green retrofit needs4 7#b7 ,requirement ,each audit under paragraph 7#a7 shall take into account-- 7,a7 local climatic conditions and risk of natural disasters2 7,b7 regional variation of energy costs2 7,c7 the high capital needs of public schools served by local educational agencies that enroll a high percentage of low-income children1 ,,bie schools1 and schools funded by ,,bie2 7,d7 regional labor costs and labor markets2 and 7,e7 other necessary criteria1 as determined by the ,secretary4 7h7 ,consultations ,in administering the grant program established under subsection 7b7 and conducting each audit under subsection 7g77#a71 the ,secretary shall collaborate closely with1 and seek technical assistance from-- 7#a7 the ,national ,laboratories1 particularly the ,national ,renewable ,energy ,laboratory2 7#b7 the ,environmental ,protection ,agency2 and 7#c7 other ,federal departments and agencies1 as the ,secretary determines to be necessary4 7i7 ,design guide ,the ,secretary shall encourage the ,national ,renewable ,energy ,laboratory to develop a new design guide for schools that takes into account best practices and lessons learned from the implementation of the grant program established under subsection 7b74 7j7 ,labor standards 7#a7 ,labor and ,buy ,american provisions 7,a7 ,in general ,each contractor or subcontractor for a project funded by a grant under this section shall carry out the following3 7i7 ,ensure that the materials used by the contractor or subcontractor are substantially manufactured1 mined1 and produced in the ,united ,states in accordance with chapter #hc of title #da1 ,united ,states ,code 7commonly known as the ,buy ,american ,act74 7ii7 ,ensure that all laborers and mechanics employed by the contractor or subcontractor in the performance of construction1 alteration1 repair1 or maintenance work financed in whole or in part with assistance under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality1 as determined by the ,secretary of ,labor1 in accordance with subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code 7commonly known as the ,davis-,bacon ,act74 ,with respect to the labor standards in this clause1 the ,secretary of ,labor shall have the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#fd ,stat4 #abfg2 #e ,u4,s4,c4 ,app47 and section #cade of title #dj1 ,united ,states ,code4 7iii7 ,with respect to a project or set of projects located in the same local educational agency costing not less than #be1jjj1jjj1 consent to a project labor agreement4 7iv7 ,not hire employees through a temporary staffing agency unless the relevant ,state workforce agency certifies that temporary employees are necessary to address an acute1 short-term labor demand4 7v7 ,have an explicit neutrality policy on any issue involving the organization of employees of the contractor or subcontractor1 and all contractors and subcontractors1 for purposes of collective bargaining4 7vi7 ,for each project related to a healthy green retrofit or new construction of a school1 demonstrate an ability to use and to commit to use individuals enrolled in a registered apprenticeship program who shall1 to the greatest extent practicable1 constitute not less than #bj percent of the individuals working on the project4 7vii7 ,to the greatest extent practicable1 provide preferential treatment in hiring laborers and mechanics that are-- 7,i7 hired from within #ej miles of their official residence2 7,,ii7 veterans or active or retired military2 7,,iii7 highly skilled union workers2 or 7,,iv7 returning citizens who were formerly incarcerated individuals4 7viii7 ,not require mandatory arbitration for any dispute involving a worker engaged in a service for the contractor or subcontractor4 7ix7 ,consider an individual performing any service under the grant as an employee1 and not an independent contractor1 of the contractor or subcontractor1 respectively1 unless-- 7,i7 the individual is free from control and direction in connection with the performance of the service1 both under the contract for the performance of the service and in fact2 7,,ii7 the service is performed outside the usual course of the business of the contractor or subcontractor1 respectively2 and 7,,iii7 the individual is customarily engaged in an independently established trade1 occupation1 profession1 or business of the same nature as that involved in such service4 7,b7 ,action to enforce independent contractor requirement ,a third party1 including a ,state or local government1 may bring an action in any court of competent jurisdiction to enforce the requirements of subparagraph 7,a77ix74 7#b7 ,pre-apprenticeship ,to the greatest extent practicable1 in carrying out a project funded by a grant under this section1 grant recipients shall give preference to contractors or subcontractors that participate in pre-apprenticeship programs that have written agreements with one or more registered apprenticeship programs4 7k7 ,authorization of appropriations2 mandatory appropriations ,out of funds in the ,treasury not otherwise appropriated1 there are authorized to be appropriated1 and there are appropriated to carry out this section for the #aj-;fiscal-year period following the date of enactment of this ,act-- 7#a7 #ddf1jjj1jjj1jjj to the ,secretary to carry out grants authorized under subsection 7b72 and 7#b7 such sums as are necessary to the ,secretary for administrative expenses and the provision of technical assistance in carrying out this section4 #ajc4 ,resource block grants 7a7 ,program established 7#a7 ,in general ,the ,secretary of ,education shall award a grant to each qualified local educational agency with an approved application to enable the qualified local educational agency to bring additional eligible educators and support staff into elementary schools and secondary schools and establish community partnerships1 and carry out other activities described in this section1 with the goals of-- 7,a7 expanding educational opportunities and improving academic achievement2 7,b7 expanding social service programming2 7,c7 developing locally designed and rooted educational programs2 7,d7 developing and implementing trauma-informed violence prevention strategies2 7,e7 promoting safe1 secure1 and welcoming school and community environments2 7,f7 strengthening the educator pipeline1 improving teacher professional development1 and diversifying the teacher and school leader workforce2 7,g7 improving student engagement and decreasing chronic absenteeism2 7,h7 better integrating knowledge of the local community into schools2 and 7,i7 providing support1 training1 and career pathways for paraprofessionals4 7#b7 ,consultation and integration 7,a7 ,consultation by the ,secretary ,the ,secretary of ,education shall consult with ,states and ,indian ,tribes1 as appropriate1 in administering the grant program under this section4 ,during such consultation1 the ,secretary of ,education shall strongly encourage the ,states to integrate the locally designed and rooted educational programs1 developed under paragraph 7#a7 7as applicable71 into ,state educational plans and activities1 and to support1 replicate1 and disseminate such educational programs1 as appropriate4 7,b7 ,consultation by ,l,e,as ,a local educational agency that receives a grant under this section shall consult with the ,secretary of ,education1 the ,state educational agency1 and ,indian ,tribes 7as applicable7 in implementing such grant4 7#c7 ,qualified local educational agency ,in this section1 the term qualified local educational agency means-- 7,a7 a local educational agency that serves #a or more elementary schools or secondary schools that are ranked as one of the #a_/c most vulnerable schools in the ,united ,states1 based on the most recent available vulnerability ranking2 7,b7 a local educational agency that serves elementary schools or secondary schools that are in the bottom #a_/c of all schools in the ,state when ranked by student-to-staff ratios from lowest to highest ratios based on the most recent data from the ,national ,center for ,education ,statistics2 or 7,c7 a ,,bie school or school funded by ,,bie4 7#d7 ,additional local educational agencies ,notwithstanding paragraph 7#a71 if funding under this section remains after the ,secretary of ,education has awarded grants to each qualified local educational agency that submits an application under this section1 in amounts that are sufficient to meet the needs of those agencies1 the ,secretary of ,education shall award grants under this section to other local educational agencies that are not qualified local educational agencies1 in accordance with the priority requirements described in subsection 7b77#c74 7b7 ,application 7#a7 ,in general ,a local educational agency desiring a grant under this section shall submit an application to the ,secretary of ,education1 at such time1 in such manner1 and containing such information as the ,secretary of ,education may reasonably require1 which shall include the following3 7,a7 ,the resource allocation plan described in section #aja4 7,b7 ,a description of the local educational agency's plan to attempt to hire eligible educators and support staff who1 in accordance with section #aja7;b77#b77;,c7-- 7i7 reside in the same catchment area as students attending the school in which those eligible educators and support staff will work1 or who previously attended the school in which the educators and staff will work2 or 7ii7 reside in the same ,,zip ,code1 or a neighboring ,,zip ,code1 as the school in which the educators and staff will work4 7,c7 ,an assurance that after the #aj-year period during which grant funds will pay for the eligible educator and support staff positions described in this section1 the local educational agency will-- 7i7 retain those positions1 and a description of the local educational agency's plan to fund those positions after such period2 and 7ii7 attempt to maintain and continue to fund community partnerships supported by such grant1 to the extent that the other entities in those partnerships desire to continue the activities supported with grant funds4 7,d7 ,a description of the local educational agency's plan to-- 7i7 aim to meet target student-to-staff ratios of #ab3a for students in kindergarten through grade #h1 and #ae3a for students in grades #i through #ab 7where staff is defined broadly to refer to any adult professional employed in the school whose work directly relates to education1 including the eligible educators and support staff described in this section72 7ii7 aim to place a lead teacher and paraprofessional in all prekindergarten through grade #c classes2 7iii7 aim to hire at least #a full-time equivalent school psychologist for every #ejj students1 at least #a full-time equivalent school counselor for every #bej students1 and at least #a full-time equivalent school social worker for every #bej students served by the agency2 and 7iv7 where applicable1 aim to shift special educators from a caseload model to a workload analysis model to ensure sufficient capacity and time to support students4 7,e7 ,a description of the local educational agency's plan-- 7i7 to meet the goals described in subsection 7a77#a72 7ii7 to progress toward ending the school-to-prison pipeline and zero tolerance discipline1 including by reducing suspensions1 expulsions1 and referrals to law enforcement2 7iii7 for progressing toward reallocating resources spent on punishment to restorative justice practices2 and 7iv7 to progress toward ending the use of seclusion1 restraint1 and corporal punishment4 7#b7 ,approval 7,a7 ,in general ,the ,secretary of ,education shall approve each application that meets the requirements of this section4 7,b7 ,consultation and technical assistance ,in the case of an application that does not meet the requirements of this section1 the ,secretary of ,education shall-- 7i7 consult with the local educational agency and shall provide technical assistance1 as necessary1 to ensure that the local educational agency meets such requirements2 and 7ii7 review and approve revised applications that meet such requirements4 7#c7 ,priority ,if the ,secretary of ,education awards grants under this section to local educational agencies that are not qualified local educational agencies1 in accordance with subsection 7a77#c71 the ,secretary of ,education shall give priority to local educational agencies that meet one of the following criteria3 7,a7 ,serving a percentage that is higher than the ,state median of students who are counted under section #aaac7;a77#e77;,a7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcac7;a77#e77;,a774 7,b7 ,serving a percentage that is higher than the ,state median of students who are children with a disability4 7,c7 ,serving a percentage that is higher than the ,state median of students who are ,english learners4 7,d7 ,serving schools that have a per-pupil expenditure that is lower than the ,state median per-pupil expenditure4 7c7 ,uses of funds 7#a7 ,support for eligible educators and support staff 7,a7 ,in general ,a local educational agency receiving a grant under this section shall use not less than #hj percent of grant funds-- 7i7 to hire1 on a full-time basis1 and pay the salaries of eligible educators and support staff described in subparagraph 7,b7 for a period of #aj years2 7ii7 to increase the salaries of paraprofessionals and promote paraprofessionals who meet the requirements for promotion2 and 7iii7 to provide or facilitate access for paraprofessionals to affordable training by establishing partnerships with community colleges and local institutions of higher education1 establishing tuition reimbursement programs1 or offering similar initiatives for training4 7,b7 ,eligible educators and support staff ,the eligible educators and support staff described in this subparagraph are-- 7i7 paraprofessionals2 7ii7 mental health professionals1 including psychologists1 therapists1 and social workers2 7iii7 school counselors2 7iv7 librarians2 7v7 nurses2 7vi7 restorative justice specialists2 7vii7 community school site coordinators2 7viii7 teachers1 including special education teachers2 7ix7 coordinators for culturally responsive education2 7x7 facilities and food service workers2 7xi7 learning specialists1 including mathematics and reading specialists2 7xii7 ,english as a ,second ,language instructors2 7xiii7 ,native language and cultural specialists2 and 7xiv7 staff to support other social services programming4 7#b7 ,community partnerships1 educational programming1 and social service programming 7,a7 ,in general ,in addition to carrying out the activities described in paragraph 7#a71 a local educational agency receiving a grant under this section shall use not less than #b4e percent and not more than #bj percent of such funds for community partnerships1 educational programming1 social service programming1 and violence prevention and school safety initiatives1 which shall include one or more of the following3 7i7 ,development of place-based and experiential education and community-driven educational programs1 with a focus on educational programs that affirm and explore the underlying principles of the ,green ,new ,deal1 including the significance of and the connections between racial1 economic1 and environmental and climate justice1 and that are responsive to the impacts of climate change and socioeconomic injustice on youth mental health4 7ii7 ,programs and spaces that engage students in hands-on1 project-based learning across science1 technology1 engineering1 arts1 and mathematics instruction1 as well as humanities instruction1 in the scientific1 technical1 design1 and social aspects of healthy green retrofits funded by the climate capital facilities grants under section #ajb1 as well as of any other uses of those grants4 7iii7 ,spaces and programming to advance vocational and career and technical education1 including project-based learning opportunities and advancing such education in partnership with career and technical education schools1 community colleges1 local institutions of higher education1 community organizations1 and pre-apprenticeship programs1 to prepare students for a wide range of careers related to addressing climate change4 7iv7 ,programming to support extracurricular1 co-curricular1 and community-based activities such as arts1 music1 recreation1 organized sports1 honor societies1 #d-;,h clubs1 foreign and ,native languages1 college access centers1 civic engagement clubs and activities1 clubs and activities to support movement and connectedness to nature1 early child care centers1 and after-school and summer education programming4 7v7 ,creating or supporting a school-based youth peer support program4 7vi7 ,other partnerships with local community organizations and social service providers to expand the scale and scope of on-site services in support of the resource allocation plan for the grant4 7vii7 ,training and professional development to advance trauma-informed1 healing-centered learning models and practices1 centering on the whole child and the child's cognitive1 emotional1 and social needs1 inclusive of culturally responsive pedagogy4 7viii7 ,providing funding to establish or improve libraries1 child care centers1 health offices1 mental health and wellness centers1 cafeteria and dining spaces1 gymnasiums1 studios and art spaces1 outdoor green spaces1 or job resource centers in the schools that are served by the local educational agency1 which shall be operated by the local educational agency or the local educational agency in partnership with a nonprofit organization4 7ix7 ,website development and other communications to share and exchange knowledge and best practices4 7x7 ,wellness1 stress management1 and mindfulness training4 7xi7 ,anti-racist and anti-hate educational programming4 7xii7 ,training for and implementation of restorative justice practices1 including peer mediation1 restorative conferences1 counseling1 and peace circles for students as well as anti-bullying initiatives4 7xiii7 ,developing and implementing evidence-based practices to support school safety that do not rely on the criminal justice system4 7xiv7 ,developing and implementing evidence-based1 inclusive1 and trauma-informed practices to prevent violence and improve school climate and culture1 including schoolwide positive behavioral interventions and supports1 restorative justice programs and interventions1 social and emotional learning programs1 community-integrated violence prevention programming1 and programs to ensure students have access to one-on-one relationships with mentors or other caring adults4 7xv7 ,improving school capacity to identify1 refer1 and provide services to students and families in need of trauma support services or other social services1 including with the appropriate technology and spaces to do so4 7xvi7 ,technical assistance1 including contract templates1 local data clearinghouses for best practices1 and temporary staff to support finding and building initial partnerships to build the capacity to develop and sustain local partnerships with other knowledge centers in the community4 7xvii7 ,increased parent and student engagement in learning4 7xviii7 ,increased availability of translation to create accessible learning environments for ,english learners4 7#c7 ,requirement ,a local educational agency receiving a grant under this section shall ensure that if such agency contracts with a third-party to carry out activities under this subsection1 such third-party-- 7,a7 is located in the same catchment area as students attending the school in which they will work1 or previously attended the school in which they will work2 or 7,b7 is located in a ,,zip ,code served by the local educational agency receiving the grant or in a neighboring ,,zip ,code4 7#d7 ,prohibitions on use of funds ,a local educational agency receiving a grant under this section may not use grant funds for any of the following3 7,a7 ,for measures that subject students to potential penalties imposed by law enforcement1 unduly surveil students1 or otherwise detract from a positive1 inclusive1 and welcoming school culture and environment4 7,b7 ,for measures that would reduce the accessibility of the school environment for students with disabilities4 7d7 ,wage and labor organization requirements ,each local educational agency that receives funds through a grant under this section1 with the exception of schools funded by ,,bie1 shall-- 7#a7 ensure that eligible educators and support staff hired with the grant funds are paid wages in accordance with prevailing rates in the locality or any applicable collective bargaining agreement1 and on a pathway with regular increases in pay2 7#b7 ensure that such educators and staff are considered to be part of any existing 7as of the date of the hiring7 applicable bargaining unit of a labor organization and not considered to be executive employees or employees in other positions exempt from the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq472 and 7#c7 if the local educational agency does not have such a bargaining unit1 have an explicit neutrality policy1 which covers such educators and staff1 on any issue involving the organization of employees for purposes of collective bargaining4 7e7 ,authorization of appropriations2 mandatory appropriations ,out of funds in the ,treasury not otherwise appropriated1 there are authorized to be appropriated1 and there are appropriated for the #aj-;fiscal-year period following the date of enactment of this ,act-- 7#a7 #bej1jjj1jjj1jjj to the ,secretary of ,education to provide grants under this section2 and 7#b7 sums as are necessary to the ,secretary of ,education for the administrative expenses and provision of technical assistance in carrying out this section4 #ajd4 ,educational equity planning grants 7a7 ,program established 7#a7 ,in ,general ,the ,secretary of ,education shall facilitate an inclusive1 regional equity planning process and award grants to eligible consortia to eliminate intra-region education inequities by providing ,federal funds to assist the eligible consortia in planning and carrying out regional education equity plans1 in accordance with this section4 7#b7 ,planning grant ,the ,secretary of ,education shall award a planning grant under this section1 for a period of not longer than #a year1 to each eligible consortium with an approved application to enable the eligible consortium to develop a regional education equity plan4 7#c7 ,implementation grant ,the ,secretary of ,education shall award an implementation grant under this section to each eligible consortium with an approved regional education equity plan to enable the consortium to carry out activities to implement such plan4 7b7 ,eligible consortium ,in this section1 the term eligible consortium means #b or more local educational agencies that are located within the same metropolitan or micropolitan statistical area and that have formed a regional consortium4 7c7 ,provision of data ,the ,secretary of ,education1 the ,secretary of ,housing and ,urban ,development1 the ,administrator of the ,environmental ,protection ,agency1 and the ,secretary of ,transportation shall provide each eligible consortium that receives a planning grant under this section with data relevant to that particular eligible consortium about demographic trends1 the spatial distribution of poverty1 environmental hazards1 and access to education1 transportation1 and economic opportunities across the consortium's region1 to assist the eligible consortium in developing the regional education equity plan4 7d7 ,community outreach ,each eligible consortium that receives a planning grant shall engage in extensive community outreach to solicit comments from diverse stakeholders on issues related to education equity in the region of the consortium1 as part of the process of developing the regional education equity plan4 7e7 ,regional education equity plan 7#a7 ,in ,general ,upon receipt of the data described in subsection 7c7 and completion of the outreach described in subsection 7d71 each eligible consortium that receives a planning grant under this section shall use such data and the results of such outreach to develop a #e-year regional education equity plan4 ,the regional education equity plan shall-- 7,a7 identify racial1 class1 gender1 and disability-related inequities in education access within the region at the time of the plan's development2 7,b7 identify the historic causes of those inequities2 and 7,c7 describe activities to redress those inequities4 7#b7 ,equity assessment tool ,the ,secretary of ,education shall provide each eligible consortium receiving a planning grant under this section with an equity assessment tool1 which shall be a structured list of questions to guide the consortium in the development of the regional education equity plan4 ,the structured list of questions shall be developed in consultation with representatives of impacted communities and education equity groups in a manner that aligns and is consistent with the principles entitled ,jemez ,principles for ,democratic ,organizing and dated ,december #aiif4 7f7 ,application2 ,equity plan 7#a7 ,application ,each eligible consortium desiring a planning grant under this section shall submit an application to the ,secretary of ,education1 at such time1 in such manner1 and containing such information as the ,secretary of ,education may reasonably require4 7#b7 ,equity plan ,each eligible consortium desiring an implementation grant under this section shall submit a regional education equity plan to the ,secretary of ,education1 at such time1 in such manner1 and containing such information as the ,secretary of ,education may reasonably require1 which shall include1 at a minimum1 the information described in subsection 7e74 ,if the ,secretary of ,education does not approve the plan1 the ,secretary of ,education shall work with the eligible consortium and provide technical assistance to assist the eligible consortium in revising the regional education equity plan until the ,secretary of ,education determines that such plan will be approved4 7g7 ,use of funds for implementation ,an eligible consortium receiving an implementation grant under this section shall-- 7#a7 distribute such grant funds to elementary schools and secondary schools that are served by local educational agencies in the eligible consortium in accordance with the regional education equity plan2 and 7#b7 may use grant funds for resource sharing and the centralization of administration1 planning1 and procurement among the local educational agencies in the consortium1 with the aim of ensuring an equitable distribution of funding and staffing and equitable access to high-quality educational opportunities for students1 including students who are children with disabilities and low-income students4 7h7 ,accountability ,an eligible consortium that receives an implementation grant under this section shall post on a publicly available website data about annual benchmarks that are achieved during the #e-year grant period4 7i7 ,authorization of appropriations2 mandatory appropriations ,out of funds in the ,treasury not otherwise appropriated1 there are authorized to be appropriated1 and there are appropriated for the #aj-;fiscal-year period following the date of enactment of this ,act-- 7#a7 #ajj1jjj1jjj to the ,secretary of ,education to carry out this section2 and 7#b7 sums as are necessary the ,secretary of ,education for the administrative expenses and provision of technical assistance in carrying out this section4 #aje4 ,mandatory funding of the ,individuals with ,disabilities ,education ,act ,section #faa7;i7 of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adaa7;i77 is amended to read as follows3 7i7 ,funding 7#a7 ,in general ,for the purpose of carrying out this part1 other than section #fai1 there are authorized to be appropriated-- 7,a7 #af1ffa1ibh1jjj or #aa4f percent of the amount determined under paragraph 7#b71 whichever is greater1 for fiscal year #bjbg1 and there are hereby appropriated #f1dbe1jdh1jjj or #d4e percent of the amount determined under paragraph 7#b71 whichever is greater1 for fiscal year #bjbg1 which shall become available for obligation on ,july #a1 #bjbg1 and shall remain available through ,september #cj1 #bjbh2 7,b7 #ai1eca1hdd1jjj or #ac4d percent of the amount determined under paragraph 7#b71 whichever is greater1 for fiscal year #bjbh1 and there are hereby appropriated #h1cgb1icb1jjj or #e4g percent of the amount determined under paragraph 7#b71 whichever is greater1 for fiscal year #bjbh1 which shall become available for obligation on ,july #a1 #bjbh1 and shall remain available through ,september #cj1 #bjbi2 7,c7 #bb1hif1jhd1jjj or #ae4c percent of the amount determined under paragraph 7#b71 whichever is greater1 for fiscal year #bjbi1 and there are hereby appropriated #aj1iaa1ceg1jjj or #g4c percent of the amount determined under paragraph 7#b71 whichever is greater1 for fiscal year #bjbi1 which shall become available for obligation on ,july #a1 #bjbi1 and shall remain available through ,september #cj1 #bjcj2 7,d7 #bf1hci1gie1jjj or #ag4f percent of the amount determined under paragraph 7#b71 whichever is greater1 for fiscal year #bjcj1 and there are hereby appropriated #ad1bai1ceg1jjj or #i4c percent of the amount determined under paragraph 7#b71 whichever is greater1 for fiscal year #bjcj1 which shall become available for obligation on ,july #a1 #bjcj1 and shall remain available through ,september #cj1 #bjca2 7,e7 #ca1dfb1ghf1jjj or #bj4b percent of the amount determined under paragraph 7#b71 whichever is greater1 for fiscal year #bjca1 and there are hereby appropriated #ah1ecj1bdd1jjj or #aa4i percent of the amount determined under paragraph 7#b71 whichever is greater1 for fiscal year #bjca1 which shall become available for obligation on ,july #a1 #bjca1 and shall remain available through ,september #cj1 #bjcb2 7,f7 #cf1hhb1jeh1jjj or #bc4a percent of the amount determined under paragraph 7#b71 whichever is greater1 for fiscal year #bjcb1 and there are hereby appropriated #bd1adh1jfd1jjj or #ae4b percent of the amount determined under paragraph 7#b71 whichever is greater1 for fiscal year #bjcb1 which shall become available for obligation on ,july #a1 #bjcb1 and shall remain available through ,september #cj1 #bjcc2 7,g7 #dc1bcd1gfh1jjj or #bf4e percent of the amount determined under paragraph 7#b71 whichever is greater1 for fiscal year #bjcc1 and there are hereby appropriated #ca1dfi1jda1jjj or #ai4c percent of the amount determined under paragraph 7#b71 whichever is greater1 for fiscal year #bjcc1 which shall become available for obligation on ,july #a1 #bjcc1 and shall remain available through ,september #cj1 #bjcd2 7,h7 #ej1fha1fic1jjj or #cj4d percent of the amount determined under paragraph 7#b71 whichever is greater1 for fiscal year #bjcd1 and there are hereby appropriated #da1jji1eba1jjj or #bd4f percent of the amount determined under paragraph 7#b71 whichever is greater1 for fiscal year #bjcd1 which shall become available for obligation on ,july #a1 #bjcd1 and shall remain available through ,september #cj1 #bjce2 7,i7 #ei1daa1cje1jjj or #cd4i percent of the amount determined under paragraph 7#b71 whichever is greater1 for fiscal year #bjce1 and there are hereby appropriated #ec1ddb1cib1jjj or #ca4d percent of the amount determined under paragraph 7#b71 whichever is greater1 for fiscal year #bjce1 which shall become available for obligation on ,july #a1 #bjce1 and shall remain available through ,september #cj1 #bjcf2 and 7,j7 #fi1fdd1edj1jjj or #dj percent of the amount determined under paragraph 7#b71 whichever is greater1 for fiscal year #bjcf and each subsequent fiscal year1 and there are hereby appropriated #fi1fdd1edj1jjj or #dj percent of the amount determined under paragraph 7#b71 whichever is greater1 for fiscal year #bjcf and each subsequent fiscal year1 which-- 7i7 shall become available for obligation with respect to fiscal year #bjcf on ,july #a1 #bjce1 and shall remain available through ,september #cj1 #bjcg2 and 7ii7 shall become available for obligation with respect to each subsequent fiscal year on ,july #a of that fiscal year and shall remain available through ,september #cj of the succeeding fiscal year4 7#b7 ,amount ,with respect to each subparagraph of paragraph 7#a71 the amount determined under this paragraph is the product of-- 7,a7 the total number of children with disabilities in all ,states who-- 7i7 received special education and related services during the last school year that concluded before the first day of the fiscal year for which the determination is made2 and 7ii7 were aged-- 7,i7 #c through #e 7with respect to the ,states that were eligible for grants under section #fai72 and 7,,ii7 #f through #ba2 and 7,b7 the average per-pupil expenditure in public elementary schools and secondary schools in the ,united ,states4 4 #ajf4 ,elementary and ,secondary ,education funding ,out of funds in the ,treasury not otherwise appropriated1 there are appropriated to carry out part ,a of title ,i of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcaa et seq471 #gd1jjj1jjj1jjj for each of the #aj fiscal years following the date of enactment of this ,act4 ,,ii ,climate change resiliency #bja4 ,definitions ,in this ,act3 7#a7 ,community resiliency center ,the term community resiliency center means a center that provides community resources and improves disaster preparedness1 response1 or recovery in the community and-- 7,a7 may conduct1 or provide space for1 targeted activities such as helping reach community members not well-served by existing resources or preparedness programs1 and serving as a shelter or communications center in emergencies1 distributing food1 energy and other basic needs during or after a disaster1 providing trauma-informed care and mental health services during or after a disaster1 and enabling faster recovery through connecting community members with services2 and 7,b7 may distribute food1 energy1 or other basic needs on an ongoing basis4 7#b7 ,environmental justice community ,the term environmental justice community means a community with significant representation of communities of color1 low-income communities1 or ,tribal and indigenous communities that experiences1 or is at risk of experiencing1 higher or more adverse human health or environmental effects as compared to other communities4 #bjb4 ,climate change resiliency program ,the ,secretary of ,education1 in coordination with the ,secretary of ,health and ,human ,services and the ,secretary of the ,interior1 shall establish a ,climate ,change ,resiliency ,program to-- 7#a7 increase the resiliency of the ,united ,states public school system1 ,,bie schools1 and schools funded by ,,bie during-- 7,a7 climate change-related events and natural disasters1 including extreme weather events1 droughts1 hurricanes1 coastal and inland flooding1 sea level rise1 increased storm surge1 wildfires1 mudslides1 extreme temperatures1 tornadoes1 earthquakes1 and volcanos2 and 7,b7 public health emergencies2 7#b7 increase the ability of the ,united ,states public school system1 ,,bie schools1 and schools funded by ,,bie to advance climate justice and environmental justice by serving as community resiliency centers2 7#c7 build partnerships among local businesses1 labor unions1 apprenticeship programs1 nonprofit organizations1 and educators to facilitate applied ,,steam and social science learning opportunities related to climate resiliency for students and create local jobs2 and 7#d7 prioritize public educational institutions1 ,,bie schools1 and schools funded by ,,bie as centers of innovation and pathways to green collar jobs through investments in vocational and technical education in public schools that connect to labor organization registered apprenticeships and other high-road jobs4 #bjc4 ,grant program 7a7 ,in general ,as part of the ,climate ,change ,resiliency ,program established under section #bjb1 the ,secretary of ,education shall establish a program to make grants to ,state educational agencies1 in partnership with local educational agencies and local nonprofit organizations1 for the development and implementation of statewide1 regional1 or local climate resiliency plans or climate resiliency projects for public elementary schools and secondary schools1 ,,bie schools1 and schools funded by ,,bie1 with the aim of enabling public schools to serve as community resiliency centers4 7b7 ,climate resiliency plans and projects ,each climate resiliency plan or climate resiliency project under subsection 7a7 shall include #a or more of the following depending on the needs of the schools and surrounding communities to be served3 7#a7 ,improvements to school buildings and grounds1 including projects such as-- 7,a7 installing on-site distributed generation that combines energy efficient devices1 energy storage1 and renewable energy to allow the school to access essential energy during power outages and optimize use of on-site and off-site energy sources for emissions reductions2 7,b7 upgrading school kitchen facilities to support the preparation of scratch-cooked student meals that use whole ingredients and are rich in fruits1 vegetables1 legumes1 and whole grains2 7,c7 projects that generate and maintain publicly accessibly integrated sustainability data and building management platforms2 7,d7 improving walkability and accessibility on school grounds and in all school buildings2 7,e7 acquiring relevant disaster response equipment and carrying out disaster response training2 7,f7 procuring electric school buses2 7,g7 installing public charging infrastructure for electric school buses and electric vehicles2 7,h7 establishing or improving dedicated infrastructure for safe transportation by bicycle1 including bicycle lanes and parking spots2 7,i7 enhancing multi-modal access to support the needs of all students1 families1 and staff1 whether they walk1 bike1 use transit1 or use other means of transportation to and from school2 7,j7 establishing or improving vehicle speed reduction infrastructure2 and 7,k7 a project involving the installation of high-speed internet infrastructure1 in coordination with the ,e-rate program of the ,federal ,communications ,commission set forth under subpart ,f of part #ed of title #dg1 ,code of ,federal ,regulations 7or any successor regulation7-- 7i7 in order to provide universal internet access for schools served by the grantee1 ,,bie schools1 and schools funded by ,,bie2 7ii7 with an upload speed that allows for the full execution of activities related to virtual teaching and learning1 including the access and use of interactive online learning modules and textbooks1 online professional learning courses1 videoconferencing1 and assistive technology2 7iii7 including the ongoing costs associated with providing that internet infrastructure and access2 7iv7 with respect to which1 schools are encouraged to partner with municipal and other public or nonprofit entities to support internet access2 and 7v7 with respect to which the school will ensure that all internet service providers with which the school contracts for the project include open access infrastructure4 7#b7 ,green infrastructure projects and projects to increase food supply resiliency1 such as-- 7,a7 wetlands1 drainage ponds1 and any other green infrastructure to protect schools from projected severe effects with respect to extreme weather1 natural disasters1 or climate change-related events1 including sea-level rise1 flooding1 and increased risk of wildfire2 7,b7 green rooftops and walls that meet the minimum performance standard specified within the ,living ,architecture ,performance ,tool 7,,lapt7 rating system1 implemented or completed in consultation with at least one ,green ,roof ,professional 7,,grp7 as accredited by the ,green ,roof ,industry ,association1 particularly those that can provide temperature management and air quality improvements and reduce stormwater runoff2 7,c7 indoor plantings1 particularly those that can provide air quality improvements2 7,d7 tree plantings and green playgrounds that1 at appropriate times1 can act as a green space for the community2 7,e7 community gardens that may be used by the school to provide healthy food for students or by the community to provide healthy food for community residents2 7,f7 procurement of local1 organic1 and sustainably produced food1 including a focus on healthy1 plant-based options2 and 7,g7 large scale food composting operations1 and other projects to reduce single-use plastic and promote zero-waste options4 7#c7 ,projects to enable remote learning in the event that a school building is unusable due to a natural disaster1 climate- or climate-change related event1 severe weather1 or infectious disease outbreaks4 7#d7 ,projects for climate resiliency education1 including ,,steam and social science education and career preparation1 such as projects that combine upgrades to school buildings and grounds with career and technical education opportunities4 7#e7 ,any other type of plan or project carried out by the ,state educational agency that the ,secretary of ,education determines will increase the resiliency of a school or school infrastructure provided1 operated1 or owned by the ,state educational agency with respect to the events described in section #bjb7a74 7c7 ,priority ,the ,secretary of ,education shall develop metrics to evaluate grant applications and give priority to applications for climate resiliency plans or climate resiliency projects that focus on improving schools in neighborhoods that experience low air quality1 lack green space and healthy food1 bear higher cumulative pollution burdens1 or are at high risk of experiencing the adverse effects of climate change4 7d7 ,components ,the ,secretary of ,education1 directly or through partnerships with ,states and nonprofit organizations1 shall provide technical assistance to support grantees in developing and implementing climate resiliency plans or climate resiliency projects that-- 7#a7 provide hands-on education and applied ,,steam and social science learning opportunities to students2 7#b7 demonstrate a commitment to provide job training1 registered apprenticeship programs1 and contracting opportunities to residents and small businesses owned by residents of the community that the school serves2 7#c7 identify and further community priority actions and conduct robust community engagement2 7#d7 utilize climate change and community health data for proactive solutions2 7#e7 employ nature-based solutions that focus on protection1 restoration1 or management of ecological systems to safeguard public health1 provide clean air and water1 increase natural hazard resilience1 and sequester carbon2 7#f7 increase equitable outcomes for and support strong partnerships with environmental justice communities and climate vulnerable populations2 7#g7 achieve broad and multiple community benefits2 and 7#h7 monitor project success and maintaining the project into the future4 7e7 ,existing initiatives ,the ,secretary of ,education may encourage and give priority to climate resiliency plans or climate resiliency projects that integrate with and inform existing sustainability initiatives1 such as the ,department of ,education ,green ,ribbon ,schools program4 7f7 ,environmental health ,the ,secretary of ,education may develop and encourage metrics to support consistent reporting of environmental health best practices and other outcomes4 7g7 ,coordination 7#a7 ,environmental protection agency and agriculture ,the ,secretary of ,education shall coordinate with the ,administrator of the ,environmental ,protection ,agency and the ,secretary of ,agriculture to provide technical guidance or assistance to ,state educational agencies in designing and carrying out climate resiliency plans or climate resiliency projects funded by the grant program as they relate to healthy schools4 7#b7 ,department of energy ,the ,secretary of ,education shall coordinate with the ,secretary of ,energy to develop metrics to evaluate grant applications and provide technical assistance to ,state and local educational agencies in designing and carrying out climate resiliency plans or climate resiliency projects4 7h7 ,partners ,a recipient of a grant under this section to carry out a project described in subsection 7b77#a77,k7 shall1 to the extent practicable1 partner with local government and other public or nonprofit entities to support internet access1 and all service providers shall use open access infrastructure4 7i7 ,environmental justice communities ,the ,secretary of ,education shall ensure that not less than #ej percent of funds awarded under this section are used for projects located in environmental justice communities4 7j7 ,wage rate requirements 7#a7 ,in general ,notwithstanding any other provision of law1 all laborers and mechanics employed by contractors and subcontractors on projects funded directly by a grant under this section shall be paid wages at rates not less than those prevailing on projects of a similar character in the locality1 as determined by the ,secretary of ,labor in accordance with subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code 7commonly referred to as the ,davis-,bacon ,act74 7#b7 ,authority ,with respect to the labor standards specified in paragraph 7#a71 the ,secretary of ,labor shall have the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#fd ,stat4 #abfg2 #e ,u4,s4,c4 ,app47 and section #cade of title #dj1 ,united ,states ,code4 7k7 ,use of american iron1 steel1 and manufactured products 7#a7 ,definitions ,in this subsection3 7,a7 ,manufactured product ,the term manufactured product means any construction material or end product 7as those terms are defined in part #be4jjc of the ,federal ,acquisition ,regulation7 that is not an iron or steel product1 including-- 7i7 electrical components2 and 7ii7 non-ferrous building materials1 including aluminum1 polyvinylchloride1 glass1 fiber optics1 plastic1 wood1 masonry1 rubber1 manufactured stone1 any other non-ferrous metals1 and any unmanufactured construction material4 7,b7 ,produced in the united states ,the term produced in the ,united ,states means the following3 7i7 ,when used with respect to a manufactured product1 the product was manufactured in the ,united ,states and the cost of the components of that product that were mined1 produced1 or manufactured in the ,united ,states exceeds #fj percent of the total cost of all components of the product4 7ii7 ,when used with respect to iron or steel products1 or an individual component of a manufactured product1 all manufacturing processes for those iron or steel products or components1 from the initial melting stage through the application of coatings1 occurred in the ,united ,states1 except that the term does not include-- 7,i7 steel or iron material or products manufactured abroad from semi-finished steel or iron from the ,united ,states2 or 7,,ii7 steel or iron material or products manufactured in the ,united ,states from semi-finished steel or iron of foreign origin4 7#b7 ,requirements ,a ,state that receives funds under this section shall ensure that any iron1 steel1 and manufactured products used in a project carried out with those funds are produced in the ,united ,states4 7#c7 ,waiver authority 7,a7 ,in general ,the ,secretary of ,education may waive the requirement under paragraph 7#b7 if the ,secretary of ,education determines that-- 7i7 applying the requirement would be inconsistent with the public interest2 7ii7 iron1 steel1 and manufactured products produced in the ,united ,states are not produced in a sufficient and reasonably available quantity or are not of a satisfactory quality2 or 7iii7 using iron1 steel1 and manufactured products produced in the ,united ,states will increase the cost of the applicable overall project by more than #be percent4 7,b7 ,publication ,before issuing a waiver under subparagraph 7,a71 the ,secretary of ,education shall publish in the ,federal ,register a detailed written explanation of the waiver determination4 7#d7 ,consistency with international agreements ,this subsection shall be applied in a manner consistent with the obligations of the ,united ,states under international agreements4 #bjd4 ,report ,not later than #b years after the date of enactment of this ,act1 and annually thereafter1 the ,secretary of ,education shall submit to ,congress a report that evaluates the effectiveness of the activities carried out under this title4 #bje4 ,authorization of appropriations2 mandatory appropriations 7a7 ,in general ,out of funds in the ,treasury not otherwise appropriated1 there are authorized to be appropriated1 and there are appropriated for each of fiscal years #bjbg through #bjcg1 #d1jjj1jjj1jjj to the ,secretary of ,education to carry out this title4 7b7 ,limitation ,not more than #e percent of the funds appropriated to carry out this title shall be used for projects described in section #bjc7;b77#c74