[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8150 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 8150
To direct the Secretary of Health and Human Services to conduct a study
with respect to safety precautions to prevent the spread of COVID-19 in
schools, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 1, 2020
Ms. Mucarsel-Powell (for herself, Mr. Soto, Ms. Garcia of Texas, Mrs.
McBath, Mr. Cisneros, Ms. Frankel, Mrs. Demings, Mr. Hastings, Ms.
Wasserman Schultz, Mr. San Nicolas, Mr. Thompson of Mississippi, and
Mrs. Hayes) introduced the following bill; which was referred to the
Committee on Education and Labor, and in addition to the Committee on
Energy and Commerce, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To direct the Secretary of Health and Human Services to conduct a study
with respect to safety precautions to prevent the spread of COVID-19 in
schools, 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 ``Safe Considerations of the Health Of
Our Learning Students Act'' or ``SCHOOLS Act''.
SEC. 2. STUDY ON COVID-19 SAFETY PRECAUTIONS FOR SCHOOLS.
(a) In General.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary''), acting through the
Director of the Centers for Disease Control and Prevention, shall
conduct a study with respect to safety precautions to prevent the
spread of COVID-19 in schools.
(b) Content of Study.--The study conducted under subsection (a)
shall address each of the following:
(1) Reopening criteria and best practices.--
(A) Minimum criteria.--The minimum criteria that a
community needs to meet with respect to the spread of
COVID-19, including the sufficiency of such criteria,
before opening schools for full-time and in-person
instruction, including--
(i) a decreasing positivity rate reported
over a 28-day period that shall in no case
exceed 5 percent; and
(ii) a reproductive number over such 28-day
period of less than 1.
(B) Best practices.--Best practices with respect to
the criteria under subparagraph (A), including with
respect to--
(i) public health capacity to conduct
testing and contract tracing in the community;
(ii) surge capacity in hospitals; and
(iii) the amounts of personal protective
equipment needed.
(2) Crisis response personnel.--Practices for crisis
response personnel in schools, including--
(A) the designation of at least 1 staff member (or
nurse who may not be a staff member) to provide crisis
response in each school;
(B) the metrics to be reported by such staff
member;
(C) with respect to a school that has at least 2
such staff members, the composition of a team of such
staff members; and
(D) the actions such staff member should take to
minimize the spread of COVID-19 in schools (including
actions with respect to inclement weather).
(3) Staffing.--Recommended practices to increase the safety
of staff and reduce the spread of COVID-19 among staff,
including--
(A) the use of common spaces, such as break rooms;
(B) allowing staff to work remotely;
(C) the use of face coverings, including--
(i) appropriate times for and exemptions to
such use; and
(ii) appropriate spaces to suggest such
use; and
(D) health screenings and reporting of symptoms of
COVID-19, and any associated testing for COVID-19,
taking into account privacy protections.
(4) Facility conditions.--Recommended practices with
respect to facility conditions, including--
(A) the minimum physical distancing to reduce the
risk of spread between individuals in classrooms and
common spaces, including hallways;
(B) the appropriate ventilation and air flow;
(C) cleaning and disinfection of school supplies
and common areas; and
(D) the minimum physical distancing to reduce the
risk of spread during physical education and recreation
activities, and the level of risk associated with any
such physical education or recreation activity.
(5) Transportation.--Recommended practices to increase the
safety of staff and students with respect to transporting
students to and from schools, including--
(A) with respect to dropping students off at and
picking students up from schools--
(i) conducting health screenings;
(ii) implementing staggered schedules; and
(iii) physical distancing and hygiene
practices; and
(B) safety protocols with respect to the use of
buses.
(6) Organization of teaching and classes.--Recommended
practices with respect to the organization of teaching,
classes, and other group settings, including--
(A) consistent and small cohort groups among
students and teachers;
(B) rotating schedules or other alternate
schedules; and
(C) administering meal time.
(c) Recommendations.--Not later than 60 days after the date of the
enactment of this Act, the Secretary shall--
(1) submit to Congress recommendations based on the results
of the study under subsection (a); and
(2) update the recommendations under paragraph (1) as
necessary.
SEC. 3. GRANT PROGRAM TO IMPLEMENT CDC GUIDANCE RELATING TO COVID-19.
(a) Establishment.--The Secretary of Education shall carry out a
grant program to make grants to State educational agencies to carry out
the activities described in subsection (c).
(b) Application.--To be eligible to receive a grant under this
section, a State educational agency shall submit to the Secretary an
application not later than 2 months after funds are first made
available under subsection (g)(1) that includes--
(1) a plan developed by the State educational agency to
implement the guidance relating to health and safety measures
with respect to COVID-19 established by the Secretary of Health
and Human Services, acting through the Director of the Centers
for Disease Control and Prevention, in local educational
agencies, elementary schools, and secondary schools served by
such State Educational agency;
(2) an assurance that, with respect to school year 2020-
2021, the State educational agency will--
(A) offer remote digital learning options to
students such that the number of hours offered for
remote digital learning is equal to or greater than the
number of hours offered for in-person learning;
(B) not require a student who has an increased
health risk (as defined by the Secretary of Health and
Human Services, acting through the Director of the
Centers for Disease Control and Prevention) or lives
with a family member with an increased health risk to
attend in-person learning;
(C) limit in-person meetings and conferences;
(D) group students in such a manner as to minimize
the burden placed on teachers; and
(E) provide guidance for teachers who have an
increased health risk for instructing students
remotely;
(3) a plan to--
(A) close in-person learning in the case of a
resurgence (as defined by the Secretary of Health and
Human Services, acting through the Director of the
Centers for Disease Control and Prevention) of COVID-19
cases in the State;
(B) with respect to a school in which a student or
staff member who attends such school in-person tests
positive for COVID-19, close such school until it is
safe for students and staff to return; and
(C) notify each student and staff member who may
have come in to contact with a student or staff member
described in subparagraph (B) of the potential exposure
to COVID-19; and
(4) such other information as the Secretary may require.
(c) Use of Funds.--
(1) In general.--A State educational agency that receives a
grant under this section may only use such grant--
(A) to carry out such activities as are necessary
to implement the guidance described in subsection
(b)(1), as determined by the Secretary; and
(B) to--
(i) conduct teacher training on public
safety protocols;
(ii) establish or expand digital education
programs;
(iii) carry out teacher professional
development for digital learning;
(iv) establish or expand summer learning,
weekend instruction, or expanded school years
to supplement instruction;
(v) hire substitute teachers, including
substitute teachers for teachers who are
medically vulnerable;
(vi) provide paid sick and family leave for
all staff, including substitute teachers and
contract workers;
(vii) establish or expand mental health
support services, including by hiring staff and
other personnel to meet the social, emotional,
and mental health needs of students;
(viii) purchase school supplies needed for
student and staff health safety, including
personal protective equipment, sanitation
supplies, and equipment necessary for
temperature checks of students and staff;
(ix) purchase other school supplies
(including books and laptops) for students; or
(x) purchase equipment needed for physical
distancing and digital learning.
(2) Administrative expenses.--A State educational agency
may use not more than 5 percent of any grant received under
this section for administrative expenses related to carrying
out the activities described in paragraph (1).
(d) Department Report.--Not later than 30 days after the date of
the enactment of this Act, and every 30 days thereafter until the last
day of school year 2020-2021, the Secretary shall submit to Congress a
report that includes--
(1) the number and amount of grants made under this
section; and
(2) with respect to each State, the number of students and
faculty members in each such State who test positive for COVID-
19.
(e) Rules of Construction.--
(1) Employee rights.--Nothing in this section shall be
construed to alter or otherwise affect the rights, remedies,
and procedures afforded to school or local education agency
employees under Federal, State, or local laws (including
applicable regulations or court orders) or under the terms of
collective bargaining agreements, memoranda of understanding,
or other agreements between such employers and their employees.
(2) Immigration status.--Nothing in this section shall be
construed to limit any student, the State educational agency
and local educational agency serving such student, or the
elementary school or secondary school in which a student is
enrolled from receiving funds pursuant to this section based on
the immigration status of such student.
(f) Definitions.--In this section:
(1) ESEA terms.--The terms ``elementary school'', ``local
educational agency'', ``secondary school'', ``Secretary'', and
``State educational agency'' have the meanings given such terms
in section 8101 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7801 et seq.).
(2) Student.--The term ``student'' means a student who
attends a public elementary school or public secondary school.
(g) Funding.--
(1) In general.--Of the amounts made available to the
``Department of Education--Education Stabilization Fund'' under
Public Law 116-136, the Secretary shall use $300,000,000,000 to
carry out grants under this section for fiscal year 2020.
(2) No funding to private schools.--None of the funds made
available under paragraph (1) may be used to--
(A) provide funding to a private elementary school
or private secondary school; or
(B) establish vouchers for students to attend a
school described in subparagraph (A).
<all>
SCHOOLS Act
#8150 | HR Congress #116
Policy Area: Education
Subjects: Cardiovascular and respiratory healthChild healthCommunity life and organizationCongressional oversightEducation programs fundingEducational facilities and institutionsEducational technology and distance educationElementary and secondary educationEmergency medical services and trauma careEmployee leaveGovernment studies and investigationsHealth personnelHealth promotion and preventive careHealth technology, devices, suppliesHospital careInfectious and parasitic diseasesInternet and video servicesInternet, web applications, social mediaMedical tests and diagnostic methods
Last Action: Referred to the Committee on Education and Labor, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. (9/1/2020)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text