Save Education Jobs Act
This bill establishes through FY2030 the Education Jobs Fund, from which the Department of Education (ED) must award grants to state educational agencies and, through them, subgrants to local educational agencies (LEAs) to retain and create education jobs. ED must also provide grants to outlying areas and the Bureau of Indian Education.
Specifically, LEAs must use subgrants for compensation and benefits to retain existing employees, rehire former employees, and hire new employees. Further, subgrants may be used for certain activities such as training and professional development, providing salary increases to cover extended days or school years to make up for lost instructional time due to COVID-19 (i.e., coronavirus disease 2019), and developing teacher leadership roles in high-need schools.
The bill prohibits the use of subgrants for certain activities, such as funding voucher programs, tax-credit scholarships, or education savings accounts.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8691 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 8691
To authorize the establishment of an Education Jobs Fund to retain and
create education jobs in communities most impacted by COVID-19, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 27, 2020
Mrs. Hayes (for herself, Mr. Sablan, and Mr. Scott of Virginia)
introduced the following bill; which was referred to the Committee on
Education and Labor
_______________________________________________________________________
A BILL
To authorize the establishment of an Education Jobs Fund to retain and
create education jobs in communities most impacted by COVID-19, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Save Education Jobs Act''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS TO RETAIN AND CREATE EDUCATION
JOBS.
(a) In General.--There are authorized to be appropriated to the
Secretary to establish and implement an Education Jobs Fund--
(1) $56,600,000,000 for fiscal year 2021;
(2) $52,400,000,000 for fiscal year 2022;
(3) $34,300,000,000 for fiscal year 2023;
(4) $26,100,000,000 for fiscal year 2024;
(5) $17,700,000,000 for fiscal year 2025;
(6) $14,400,000,000 for fiscal year 2026;
(7) $14,600,000,000 for fiscal year 2027;
(8) $14,800,000,000 for fiscal year 2028;
(9) $15,000,000,000 for fiscal year 2029; and
(10) $15,200,000,000 for fiscal year 2030.
(b) Reservation for Administrative Expenses.--Of the amounts made
available for a fiscal year under subsection (a), the Secretary may
reserve not more than $1,000,000 for each such fiscal year for
administration and oversight of this Act.
(c) Allocation Schedule.--
(1) First year of grants.--From the amounts first made
available under subsection (a), not later than 30 days after
the date of the enactment of this Act, the Secretary shall
award grants in accordance with section 3.
(2) Subsequent years.--Not later than 30 days after the
first day of the first fiscal year that begins after the date
of the enactment of this Act and annually thereafter, from the
amounts made available under subsection (a), the Secretary
shall award grants in accordance with section 3.
SEC. 3. GRANTS TO RETAIN AND CREATE EDUCATION JOBS.
(a) Eligibility.--
(1) National eligibility.--
(A) Fiscal years 2021 through 2026.--For fiscal
years 2021 through 2026, each State educational agency
that submits an application meeting the requirements
under section 5 shall be eligible to receive a grant in
accordance with this section for each such fiscal year.
(B) Fiscal years 2027 through 2030.--Except as
provided in paragraph (2), for fiscal years 2027
through 2030, each State educational agency that
submits an application meeting the requirements under
section 5 shall be eligible to receive a grant in
accordance with this section for each such fiscal year.
(2) State educational agency eligibility in the case of
national unemployment average decrease.--
(A) Fiscal years for which national eligibility
does not apply.--Paragraph (1)(B) shall not apply with
respect to a fiscal year described in such paragraph if
during the period beginning on the first day of fiscal
year 2021 and ending on the last day of the fiscal year
preceding such a fiscal year, the average rate of total
unemployment in the Nation (seasonally adjusted) for
the period consisting of the most recent 3 consecutive
months for which data for all States are published by
the Bureau of Labor Statistics was less than or equal
to 5.5 percent.
(B) State educational agency-based eligibility.--In
the case of a fiscal year described in subparagraph
(A), a State educational agency shall be eligible to
receive a grant in accordance with this section for
such fiscal year if--
(i) such State educational agency submits
an application meeting the requirements under
section 5; and
(ii) with respect to each month occurring
in the fiscal year preceding such fiscal year,
the average rate of total unemployment in the
State (seasonally adjusted) for the period
consisting of the most recent 3 consecutive
months for which data are published by the
Bureau of Labor Statistics was greater than 5.5
percent.
(3) Outlying area and bureau of indian education
eligibility.--
(A) Fiscal years 2021 through 2026.--For fiscal
years 2021 through 2026, each outlying area and program
operated or funded by the Bureau of Indian Education
shall be eligible to receive a grant in accordance with
this section for each such fiscal year.
(B) Fiscal years 2027 through 2030.--Except as
provided in subparagraph (C), for fiscal years 2027
through 2030, each outlying area and program operated
or funded by the Bureau of Indian Education shall be
eligible to receive a grant in accordance with this
section for each such fiscal year.
(C) Exception.--Subparagraph (B) shall not apply
with respect to a fiscal year described in such
subparagraph if during the period beginning on the
first day of fiscal year 2021 and ending on the last
day of the fiscal year preceding such a fiscal year,
the average rate of total unemployment in the Nation
(seasonally adjusted) for the period consisting of the
most recent 3 consecutive months for which data for all
States are published by the Bureau of Labor Statistics
was less than or equal to 3.5 percent.
(b) Allocation of Grant Funds.--
(1) Allocation to outlying areas and bureau of indian
education.--
(A) Reservation.--Subject to subsection (a)(3),
from the amount made available under section 2(a) for a
fiscal year, the Secretary shall reserve--
(i) an amount equal to \1/2\ of 1 percent
for allocations to the outlying areas in
accordance with subparagraph (B); and
(ii) an amount equal to \1/2\ of 1 percent
for allocations to programs operated or funded
by the Bureau of Indian Education in accordance
with subparagraph (C).
(B) Outlying areas.--From the amount made available
under subparagraph (A)(i) for a fiscal year, the
Secretary shall allocate to each outlying area a grant
that bears the same proportion to such amount as the
amount the outlying area received under part A of title
I of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6311 et seq.) for the preceding fiscal year
bears to the amount all outlying areas received under
such part for the preceding fiscal year.
(C) Programs operated or funded by the bureau of
indian education.--From the amount made available under
subparagraph (A)(ii) for a fiscal year, the Secretary
shall, in consultation with the Secretary of the
Interior, allocate to each program operated or funded
by the Bureau of Indian Education a grant that bears
the same proportion to such amount as the amount the
program operated or funded by the Bureau of Indian
Education received under part A of title I of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311 et seq.) for the preceding fiscal year
bears to the amount all programs operated or funded by
the Bureau of Indian Education received under such part
for the preceding fiscal year.
(2) Allocation to state educational agencies.--From the
amount made available under section 2(a) for a fiscal year
remaining after the reservation under paragraph (1)(A), the
Secretary shall allocate to each State educational agency that
is eligible under subsection (a) a grant that bears the same
proportion to such amount as the amount the State educational
agency received under part A of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) for
the preceding fiscal year bears to the amount all State
educational agencies received under such part for the preceding
fiscal year.
(c) Reservation by State Educational Agency.--
(1) In general.--Of the amounts allocated to a State
educational agency under subsection (b)(2) for a fiscal year,
such State educational agency may reserve not more than 5
percent--
(A) for administrative costs of carrying out
subgrants under subsection (d);
(B) for the costs of retaining or creating
positions in the State educational agency related to
the administration or support of early childhood,
public elementary, public secondary, or public
postsecondary education; and
(C) to implement evidence-based strategies to
ensure that low-income students and minority children
enrolled in schools assisted under this section are not
served at disproportionate rates by ineffective, out-
of-field, or inexperienced teachers, as described in
section 1111(g)(1)(B) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311(g)(1)(B)).
(2) Prohibited use of funds.--None of the funds reserved by
a State educational agency under paragraph (1) may be used by
such State educational agency to carry out an activity
described in paragraphs (1) through (5) of section 4(c).
(d) Subgrants to Local Educational Agencies.--Of the amounts
allocated to a State educational agency under subsection (b)(2) for a
fiscal year and remaining after such State educational agency reserves
funds under subsection (c)(1), such State educational agency shall
allocate to each local educational agency in the State a grant that
bears the same proportion to such amount as the amount the local
educational agency received under part A of title I of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) for the
preceding fiscal year bears to the amount all local educational
agencies in the State received under such part for the preceding fiscal
year.
SEC. 4. USE OF FUNDS.
(a) Required Use of Funds.--A local educational agency that
receives a subgrant under section 3(d) shall use not less than 90
percent of the subgrant funds for compensation and benefits and other
expenses, such as support services, necessary to retain existing
employees, to recall or rehire former employees, and to hire new
employees, in order to provide early childhood, elementary, or
secondary educational related services.
(b) Permissible Use of Funds.--A local educational agency that
receives a subgrant under section 3(d) may use not more than 10 percent
of such subgrant funds for any of the following:
(1) Training, which may include high-quality residency,
mentoring and induction programs, and professional development.
(2) Salary increases to cover extended days or school years
for instruction and enrichment to make up for students' lost
instructional time due to COVID-19 and to ensure all students
have access to a well-rounded education and the supports needed
to succeed.
(3) Salary increases to cover increased workdays to provide
intensive professional learning and educator planning
opportunities, including through professional learning
communities.
(4) Except as provided in subsection (c)(2), incentives,
such as loan forgiveness, service scholarship programs, fee
reimbursement for costs associated with obtaining advanced or
additional teacher certification, or increased salaries, for
teachers to teach in high-need schools and in high-need fields
such as special education.
(5) To develop, maintain, or expand partnership programs
with teacher preparation programs in institutions of higher
education that target high-need fields, high-need schools, and
diverse candidates to expand the pipeline into the teaching
profession.
(6) Developing teacher leadership roles in high-need
schools.
(c) Prohibited Use of Funds.--A local educational agency that
receives a subgrant under section 3(d) may not use such subgrant
funds--
(1) for general administrative expenses or for other
support services expenditures (as such terms are defined on the
date of the enactment of this Act in the Common Core of Data of
the National Center for Education Statistics);
(2) to provide increased salaries or bonuses related to on-
the-job performance;
(3) directly or indirectly, to--
(A) establish, restore, or supplement a rainy-day
fund;
(B) supplant State funds in a manner that has the
effect of establishing, restoring, or supplementing a
rainy-day fund;
(C) reduce or retire debt obligations incurred by
the State; or
(D) supplant State funds in a manner that has the
effect of reducing or retiring debt obligations
incurred by the State;
(4) to meet the requirements under section 1117 or 8501 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6320; 20 U.S.C. 7881); or
(5) to support private schools, through employment,
services, vouchers, tax-credit scholarships, or savings
accounts for students to attend private elementary or secondary
schools, or other means.
SEC. 5. APPLICATIONS.
(a) In General.--A State educational agency seeking to receive a
grant under this Act shall provide to the Secretary an application that
includes the following:
(1) An assurance that the State educational agency will
develop and implement a monitoring plan that will enable the
State educational agency to ensure that local educational
agencies in such State comply with all applicable programmatic
and fiscal requirements, including with the use of funds
requirements under section 4.
(2) An assurance that the State educational agency will
support local educational agencies in targeting funding
provided under this Act to high-need schools and to support
subgroups of students, including low-income students, students
with disabilities, English learners, minority children,
students experiencing homelessness, children or youth in foster
care, migrant children, students involved with the juvenile
justice system, or children at risk for academic failure.
(3) An assurance that the funds received under this Act
will be used to supplement the level of Federal, State, and
local public funds that would, in the absence of such Federal
funds provided under this Act, be used to support public
elementary and public secondary education and not supplant such
funds.
(4) An assurance that the State educational agency and
local educational agencies in such State will provide the
reports required under section 7.
(5) An assurance that the State educational agency will
provide the local educational agencies in such State with the
technical assistance and support needed to help avoid
unanticipated spending cliffs.
(6) An assurance that the State educational agency will
take action to ensure that low-income students and minority
children enrolled in schools assisted under this section are
not served at disproportionate rates by ineffective, out-of-
field, or inexperienced teachers, as described in section
1111(g)(1)(B) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6311(g)(1)(B)).
(7) An assurance the State educational agency will meet the
maintenance of effort and equity requirements under section 6.
(b) No Further Information or Assurances.--The Secretary may not
require information or assurances in addition to the information and
assurances required under subsection (a) and section 6 unless such
information or assurance is necessary to determine compliance with this
Act.
SEC. 6. MAINTENANCE OF EFFORT AND EQUITY.
(a) State Educational Agency Maintenance of Effort.--As a condition
of receiving a grant under this Act for a fiscal year, a State
educational agency shall provide to the Secretary an assurance that
such State educational agency will, in such fiscal year, provide
support for public elementary and public secondary education, including
current and capital spending, that bears the same proportion to the
overall State budget for such fiscal year as the average amount of such
support for school years 2017-2018 and 2018-2019 bears to the average
overall State budget for the fiscal years applicable to such school
years.
(b) Maintenance of Equity.--
(1) State educational agency maintenance of equity for
high-need local educational agencies.--As a condition of
receiving a grant under this Act for a fiscal year, a State
educational agency shall provide to the Secretary an assurance
that if any per-pupil reduction in State funding occurs in such
fiscal year for any high-need local educational agency in the
State, it shall not be more than the overall per-pupil
reduction in State funds.
(2) State educational agency maintenance of equity for
schools with highest share of economically disadvantaged
students.--As a condition of receiving a grant under this Act
for a fiscal year, a State educational agency shall provide to
the Secretary an assurance that the State educational agency
will not reduce State funding below fiscal year 2019 levels for
the 20 percent of local educational agencies in the State with
the highest share of economically disadvantaged students.
(3) Local educational agency maintenance of equity for
high-poverty schools.--As a condition of receiving a subgrant
under this Act for a fiscal year, a local educational agency
shall provide to the State educational agency an assurance
that--
(A) if any per-pupil reduction in local educational
agency funding occurs in such fiscal year for any high-
poverty school served by the local educational agency,
it shall not be more than the overall per-pupil
reduction in local educational agency funds; and
(B) the local educational agency will not reduce
staffing in any high-poverty school in an amount that
is greater than--
(i) the total reduction in staffing in all
schools served by the local educational agency,
divided by
(ii) the total enrollment in such local
educational agency.
SEC. 7. REPORTING REQUIREMENTS.
(a) Reporting Requirements.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, and annually for each subsequent year
for which funds are made available under this Act, the
Secretary shall submit a report to the Committee on Health,
Education, Labor, and Pensions of the Senate, the Committee on
Appropriations of the Senate, the Committee on Education and
Labor of the House of Representatives, and the Committee on
Appropriations of the House of Representatives that includes
the following information:
(A) The outlying areas to which the Secretary
allocated funds under this Act.
(B) The outlying areas to which the Secretary did
not allocate funds under this Act.
(C) The amounts allocated to each outlying area
under this Act.
(D) The programs operated or funded by the Bureau
of Indian Education to which the Secretary, in
consultation with the Secretary of the Interior,
allocated funds.
(E) The programs operated or funded by the Bureau
of Indian Education to which the Secretary, in
consultation with the Secretary of the Interior, did
not allocate funds.
(F) The amount allocated to each program operated
or funded by the Bureau of Indian Education.
(G) The amount allocated to each State educational
agency under this Act.
(H) A summary of the reports the Secretary received
under subsections (b) and (c).
(2) Publication.--The Secretary shall make each report
submitted under paragraph (1) publicly available on the website
of the Department of Education.
(b) State Educational Agency Reporting.--Not later than 6 months
after the disbursement of subgrants and annually for each subsequent
year for which funds are made available under this Act, a State
educational agency that receives a grant under this Act shall submit a
report to the Secretary that includes the following information:
(1) The number and percentage of educator and other staff
positions that are eliminated or left unfilled in the State (as
reported on the annual report card under paragraph (1) or (2)
of section 1111(h) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6311(h))), included in the aggregate and
disaggregated by:
(A) High-poverty local education agencies and
schools compared to low-poverty local education
agencies and schools.
(B) Local educational agencies and schools serving
the highest number and percentage of minority children
compared to local education agencies and schools
serving the fewest number and percent of minority
children.
(2) The number and percentage of teaching positions that
are eliminated or left unfilled in the State (as reported on
the annual report card under paragraph (1) or (2) of section
1111(h) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6311(h))), included in the aggregate and
disaggregated by the following characteristics of the teacher
who previously held the position:
(A) Race and ethnicity.
(B) Certification status (full-certification or
provisional certification).
(C) Teachers in the first 2 years of teaching.
(D) Teachers with 3 or more years of teaching
experience.
(E) If determined appropriate by the State
educational agency, the most recent effectiveness
rating with respect to such teacher.
(3) The percentage of funds under this Act reserved under
section 3(c) and how such funds were spent.
(4) A summary of the activities for which the subgrants
were used in the State.
(5) A summary of how the State educational agency ensured
State funding for the 20 percent of local educational agencies
in the State with the highest share of economically
disadvantaged students remained at or above fiscal year 2019
levels.
(6) A summary of how the State educational agency supported
local educational agencies in prioritizing subgrants to meet
the needs of low-income students, students with disabilities,
English learners, minority children, students experiencing
homeless, children and youth in foster care, migrant children,
students involved with the juvenile justice system, and
children at risk for academic failure.
(7) The amount allocated by the State educational agency to
each local educational agency.
(8) A description of grant outcomes, including the extent
to which teacher shortages in high-need-fields in high-needs
schools remain.
(9) A summary of the reports the State educational agency
received under subsection (d).
(c) Fiscal Accountability.--Not later than 60 days after a State
educational agency receives funds under this Act, and annually for each
subsequent year for which funds are made available under this Act
thereafter, such State educational agency shall submit to the Secretary
the following:
(1) The number of full-time equivalent employees by
category prior to receiving the funds under this Act and the
number of full-time equivalent employees by category after
receiving such funds.
(2) The most current applicable maintenance of effort data
available to demonstrate compliance with section 6(a).
(3) The most current maintenance of equity data available
to demonstrate compliance with section 6(b).
(4) A summary of development and implementation of a
monitoring plan that will enable the State educational agency
to ensure that its local educational agencies comply with all
applicable programmatic and fiscal requirements.
(d) Local Educational Agency Reporting.--Not later than 1 year
after a local educational agency receives a subgrant under section
3(d), and annually for each subsequent year for which funds are made
available under this Act thereafter, such local educational agency
shall submit a report to the State educational agency that includes the
following:
(1) A list of the activities for which such subgrant funds
were used.
(2) A description of the outcomes from the use of such
subgrant funds.
(3) A summary of how the local educational agency sought to
preserve or improve the number of teacher and support staff
positions in the local educational agency's highest poverty
schools.
(4) The per-pupil expenditures (which shall include actual
personnel expenditures, including staff salary differentials
for years of employment, and actual nonpersonnel expenditures)
of State and local education funds for each school served by
the agency for the preceding fiscal year, disaggregated by each
quartile of students attending the school based on student
level of poverty and by each major racial or ethnic group in
the school, for the preceding fiscal year.
(5) A description of how the local educational agency
sought to protect the highest poverty schools from reductions-
in-force or hiring freezes.
(6) A description of how low-income and minority children
are not served at disproportionate rates by ineffective, out-
of-field, or inexperienced teachers.
(7) A description of how the local educational agency
allocated funding to high-need schools to support subgroups of
students, including low-income students, students with
disabilities, English learners, minority children, students
experiencing homelessness, children or youth in foster care,
migrant children, students involved with the juvenile justice
system, and children at risk for academic failure.
(8) The number of full-time equivalent employees by
category prior to receiving the subgrant and the number of full
time equivalent employees by category after receiving the
subgrant.
SEC. 8. DEFINITIONS.
In this Act:
(1) Economically disadvantaged student.--The term
``economically disadvantaged student'' means a student eligible
for a free or reduced price lunch under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.).
(2) Education jobs fund.--The term ``Education Jobs Fund''
means the fund established under section 2(a).
(3) ESEA terms.--The terms ``English learner'', ``local
educational agency'', ``outlying area'', ``paraprofessional'',
``professional development'', ``school leader'', ``specialized
instructional support personnel'', ``Secretary'', ``State'',
``State educational agency'', and ``well-rounded education''
have the meanings given such terms in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(4) High-need local educational agency.--The term ``high-
need local educational agency'' means a local educational
agency that has a percentage of economically disadvantaged
students that is greater than the median percentage of
economically disadvantaged students for all local educational
agencies in the State.
(5) High-poverty school.--The term ``high-poverty school''
means, with respect to a school served by a local educational
agency, a school that serves a higher percentage of
economically disadvantaged students than the school that serves
the median amount of economically disadvantaged students served
by such local educational agency.
(6) Overall per-pupil reduction in local educational agency
funds.--The term ``overall per-pupil reduction in local
educational agency funds'' means, with respect to a fiscal
year--
(A) the total reduction in local educational agency
funds in such fiscal year provided to all schools
served by such local educational agency, divided by
(B) the total student enrollment in such schools
served by such local educational agency for each school
year applicable to such fiscal year.
(7) Overall per-pupil reduction in state funds.--The term
``overall per-pupil reduction in State funds'' means, with
respect to a fiscal year--
(A) the total reduction in State funds in such
fiscal year provided to all local educational agencies
in the State, divided by
(B) the total student enrollment in such local
educational agencies in the State for each school year
applicable to such fiscal year.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and Labor.
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