H.R. 10547

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10547 Introduced in House (IH)]

<DOC>

118th CONGRESS
2d Session
H. R. 10547

To amend the Elementary and Secondary Education Act to expand the 
Magnet Schools Assistance Program.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

December 20, 2024

Mr. Courtney (for himself, Mrs. Hayes, and Mr. Bishop of Georgia) 
introduced the following bill; which was referred to the Committee on 
Education and the Workforce

_______________________________________________________________________

A BILL

To amend the Elementary and Secondary Education Act to expand the 
Magnet Schools Assistance Program.

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 ``Magnet Schools Accessibility, 
Growth, and Nonexclusionary Enrollment Transformation Act'' or the 
``MAGNET Act''.

SEC. 2. FINDINGS.

Congress finds the following:
(1) Studies have found that the academic benefits of 
attending integrated schools for students of color include--
(A) higher achievement in mathematics, science, 
language, and reading;
(B) school climates supportive of learning and 
studying;
(C) increased likelihood of graduating from high 
school and entering and graduating from college;
(D) higher income and educational attainment; and
(E) increased access to highly qualified teachers 
and leaders who are less likely to transfer to other 
schools.
(2) The benefits of integrated schools extend to all 
students regardless of race or socioeconomic background. On 
average, students in socioeconomically and racially diverse 
schools have stronger academic outcomes than students in 
schools with concentrated poverty. Students in diverse schools 
have higher test scores, are more likely to enroll in college, 
and are less likely to drop out. Integrated schools help reduce 
racial bias and counter stereotypes, as well as foster 
friendships across diverse groups, improve students' 
satisfaction and self-confidence, and enhance leadership 
skills.
(3) Students of color attending schools that are highly 
segregated by race and poverty are deprived of the benefits of 
integrated education. These schools are characterized by 
resource inequities that translate into large proportions of 
inexperienced and underprepared educators and a lack of 
rigorous coursework, which have negative consequences for 
students' academic outcomes as measured by performance on 
standardized achievement tests and high school graduation 
rates.
(4) A 2019 study of every school district in the United 
States found that higher racial segregation contributes to a 
greater magnitude of achievement gaps in 3rd grade, and 
increases the rate at which gaps grow from 3rd to 8th grade, 
for students of color.
(5) A recent Government Accountability Office report found 
that more than a third of students in the United States 
attended a school where 75 percent or more of students were of 
a single race or ethnicity and 14 percent of students attended 
schools where 90 percent or more of students were of a single 
race or ethnicity. The report also found that 80 percent of 
schools that were predominantly Black, Hispanic, and American 
Indian or Alaska Native had a high percentage of students from 
low-income families.
(6) A study reviewing 8 years of data from all United 
States school districts found that racial segregation appears 
to undermine achievement, in part, because it concentrates 
minority students in high-poverty schools, which are, on 
average, less effective than lower-poverty schools and tend to 
be under-resourced.
(7) Research shows that students' exposure to other 
students from different backgrounds and the new ideas and 
opportunities that such exposure brings leads to improved 
critical thinking and problem-solving skills. Other benefits of 
attending diverse schools include increased civic participation 
in a diverse global economy and increased likelihood of living 
in integrated neighborhoods and holding jobs in integrated 
workplaces as adults.
(8) Research finds that magnet schools that most 
effectively foster school diversity share common features, 
including incorporation of integration into school design, 
ongoing family engagement, implementation of inclusive 
enrollment practices, and provision of free transportation. In 
addition, whole school magnets in which all students in the 
school can participate in the programming can be more diverse 
than in-school magnet programs.

SEC. 3. PURPOSE.

The purpose of this Act is to amend the Magnet Schools Assistance 
Program under part D of title IV of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7231 et seq.)--
(1) to create a supplemental diversity grant for aspiring 
magnet school programs to adopt effective practices designed to 
further desegregation aims and promote racial and socioeconomic 
diversity; and
(2) to supplement voluntary State efforts to promote inter-
district diversity.

SEC. 4. AMENDMENTS TO MAGNET SCHOOLS ASSISTANCE PROGRAM.

Part D of title IV of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7231 et seq.) is amended--
(1) in section 4403, by striking ``eligible local 
educational agencies, and consortia of such agencies'' and 
inserting ``State educational agencies, eligible local 
educational agencies, and consortia of eligible local 
educational agencies'';
(2) in section 4404--
(A) in the matter preceding paragraph (1)--
(i) by striking ``local educational agency, 
or consortium of such agencies'' and inserting 
``State educational agency, local educational 
agency, or consortium of local educational 
agencies'';
(ii) by inserting ``(except as provided 
under section 4408A)'' after ``under this 
part''; and
(B) in paragraph (2), by striking ``local 
educational agency, or consortium of such agencies'' 
and inserting ``State educational agency, local 
educational agency, or consortium of local educational 
agencies'';
(3) in section 4405--
(A) in subsection (a)--
(i) by striking ``An eligible local 
educational agency, or consortium of such 
agencies'' and inserting ``A State educational 
agency, eligible local educational agency, or 
consortium of eligible local educational 
agencies''; and
(ii) by inserting ``(except as provided 
under section 4408A)'' after ``under this 
part''; and
(4) in section 4406--
(A) in the matter preceding paragraph (1)--
(i) by striking ``In awarding'' and 
inserting the following:
``(a) In General.--In awarding''; and
(ii) by inserting ``(except as provided 
under section 4408A)'' after ``under this 
part'';
(B) by striking paragraph (3);
(C) by redesignating paragraph (4) as paragraph 
(3);
(D) in paragraph (3), as redesignated by 
subparagraph (C), by striking the period at the end; 
and
(E) by adding at the end the following:
``(4) propose to establish whole-school magnet schools 
through proposing to design and implement schools that 
incorporate integration into school design, mission, structure, 
focus, and goals, over the placement of a specialized magnet 
program in a non-magnet public school;
``(5) propose to newly implement or continue the 
implementation of inter-district public school choice programs, 
and propose magnet schools constructed or placed in a location 
that optimizes diversity and accessibility to transportation 
for low-income students;
``(6) propose to improve the diversity and performance of 
the local educational agency, consortium of local educational 
agencies, or State as a whole versus focusing on improvements 
confined to an individual school; or
``(7) propose to design and implement inclusive enrollment 
practices, such as utilizing weighted lotteries and other 
inclusive and accessible practices that are consistent with the 
latest research and evidence-based practices identified by the 
Secretary.
``(b) Priority for Meeting Multiple Criteria.--In awarding grants 
under this part, the Secretary shall give additional priority to 
applicants that meet more than 1 criterion under subsection (a).'';
(5) in section 4407--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1)--
(I) by striking ``an eligible local 
educational agency, or consortium of 
such agencies'' and inserting ``a State 
educational agency, eligible local 
educational agency, or a consortium of 
eligible local educational agencies''; 
and
(II) by inserting ``(except as 
provided under section 4408A)'' after 
``under this part'';
(ii) in paragraph (6), by striking ``local 
educational agency, or consortium of such 
agencies'' and inserting ``State educational 
agency, local educational agency, or consortium 
of local educational agencies'';
(iii) in paragraph (7), by striking ``local 
educational agency, or consortium of such 
agencies'' and inserting ``State educational 
agency, local educational agency, or consortium 
of local educational agencies'';
(iv) in paragraph (8), by striking ``local 
educational agency, or consortium of such 
agencies'' and inserting ``State educational 
agency, local educational agency, or consortium 
of local educational agencies''; and
(v) in paragraph (9)(B), by inserting ``the 
State educational agency or'' before ``the 
eligible local educational agency'';
(B) in subsection (b), by inserting ``(except as 
provided under section 4408A)'' after ``under this 
part''; and
(C) by adding at the end the following:
``(c) Technical Assistance for Novice or First-Time Applicants.--
``(1) In general.--A State educational agency, an eligible 
local educational agency, or a consortium of eligible local 
educational agencies, that is a novice or first-time applicant 
for a grant under this part and receives a grant under this 
part may use not more than 1 percent of the grant funds for 
technical assistance in implementing the magnet school plan.
``(2) Definition of novice.--In this subsection, the term 
`novice', when used with respect to an applicant, means as 
applicant that applied for a grant under this part previously 
but did not receive such a grant.'';
(6) in section 4408--
(A) in subsection (b)--
(i) by striking ``A local educational 
agency, or consortium of such agencies,'' and 
inserting ``A State educational agency, local 
educational agency, or consortium of local 
educational agencies''; and
(ii) by inserting ``(except as provided 
under section 4408A)'' after ``under this 
part'';
(B) in subsection (c)--
(i) by striking ``a local educational 
agency, or a consortium of such agencies,'' and 
inserting ``a State educational agency, local 
educational agency, or consortium of local 
educational agencies''; and
(ii) by inserting ``(except as provided 
under section 4408A)'' after ``under this 
part''; and
(C) in subsection (d), by inserting ``(except as 
provided under section 4408A)'' after ``under this 
part''; and
(7) by striking section 4409 and inserting the following:

``SEC. 4409. AUTHORIZATION OF APPROPRIATIONS; RESERVATION.

``(a) Authorization.--There are authorized to be appropriated to 
carry out this part such sums as may be necessary for fiscal years 2025 
through 2029.
``(b) Use of Funding.--From the total amount appropriated under 
subsection (a) for any fiscal year, the Secretary shall expend not less 
than $109,000,000 to carry out this part, except for section 4408A. The 
Secretary may use any amounts appropriated under subsection (a) for a 
fiscal year that are in excess of $109,000,000 to carry out section 
4408A.
``(c) Reservation for Technical Assistance.--The Secretary may 
reserve not more than 1 percent of the funds appropriated under 
subsection (a) for any fiscal year to provide technical assistance and 
share best practices with respect to magnet school programs assisted 
under this part.
``(d) Availability of Funds for Grants to Agencies Not Previously 
Assisted.--In any fiscal year for which the amount appropriated 
pursuant to subsection (a) exceeds $75,000,000, the Secretary shall 
give priority in using such amounts in excess of $75,000,000 to 
awarding grants to State educational agencies, local educational 
agencies, or consortia of local educational agencies that did not 
receive a grant under this part in the preceding fiscal year.''.

SEC. 5. MAGNET SCHOOLS ASSISTANCE PROGRAM SUPPLEMENTAL DIVERSITY GRANT.

Part D of title IV of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7231 et seq.) is amended by inserting after section 
4408 the following:

``SEC. 4408A. SUPPLEMENTAL DIVERSITY GRANTS.

``(a) In General.--The Secretary, in accordance with this section, 
is authorized to award grants to eligible entities--
``(1) that have not received a grant under this part during 
the 3-year period preceding the date of the grant award under 
this section; and
``(2) that are looking to adopt additional effective, 
evidence-based practices designed to further desegregation aims 
and promote diversity.
``(b) Eligibility, Application, and Other Requirements.--
``(1) Eligibility.--For the purposes of this section, the 
term `eligible entity' means a local educational agency, 
consortium of such agencies, or State educational agency, 
including an agency or consortium that is described in 
paragraph (1) or (2) of section 4404.
``(2) Applications.--An eligible entity desiring to receive 
a grant under this section shall submit an application to the 
Secretary at such time, in such manner, and containing such 
information and assurances as the Secretary may reasonably 
require.
``(3) Information and assurances.--Each application 
submitted under paragraph (1) shall include--
``(A) a description of--
``(i) how a grant awarded under this 
section will be used to promote socioeconomic 
and racial integration, and implement evidence-
based practices, including any evidence, or if 
such evidence is not available, a rationale 
based upon current research findings, to 
support the grant promoting socioeconomic and 
racial integration;
``(ii) how the applicant will construct 
inclusive enrollment practices, such as 
utilizing weighted lotteries and other 
inclusive and accessible practices that are 
consistent with the latest research and 
evidence-based practices identified by the 
Secretary;
``(iii) whether the applicant--
``(I) has ever engaged in any 
voluntary desegregation effort, and to 
what extent such efforts have increased 
student diversity and decreased racial 
or socioeconomic isolation in schools 
served by such applicant; and
``(II) is engaged in any voluntary 
desegregation effort on the date of 
submitting the application, and to what 
extent;
``(iv) how the applicant will ensure that 
families from a multitude of racial, ethnic, 
socioeconomic, and linguistic backgrounds are 
aware of magnet schools and the application 
process, including a description of--
``(I) the variety of platforms 
(such as social media, print, 
television, and radio) the applicant 
will use to make families aware of 
magnet schools and the application 
process;
``(II) the language spoken by 
students and families in the region the 
applicant covers and how the applicant 
will make information on magnet schools 
and the application process available 
in these languages; and
``(III) how to enter a lottery or 
other inclusive enrollment pool for 
magnet schools;
``(v) the manner and extent to which the 
proposed activities will increase student 
academic achievement in the instructional area 
offered by the school, including any evidence, 
or if such evidence is not available, a 
rationale based on current research findings, 
to support the activities increasing student 
academic achievement;
``(vi) how the applicant will support the 
social and emotional learning of students;
``(vii) how the applicant will implement 
restorative school discipline policies that 
reduce the use of suspension and expulsion and 
improve overall school climate;
``(viii) how the applicant will assess, 
monitor, and evaluate the impact of the 
activities funded under this section on student 
achievement, integration, and overall school 
climate by developing a data plan that--
``(I) is aligned to a clear vision 
for equity, with specific criteria for 
determining racial or socioeconomic 
segregation and a target for reducing 
these conditions;
``(II) monitors the goal of 
reducing racial segregation by tracking 
multiple measures of success (including 
by enrollment, graduation rates, 
academic achievement, academic growth, 
and social-emotional outcomes);
``(III) disaggregates data across 
subgroups of students, as defined in 
section 1111(c)(2); and
``(IV) ensures data collected are 
accessible, with opportunities to 
include stakeholder feedback in a 
timely manner;
``(ix) how grant funds under this section 
will be used to--
``(I) improve student academic 
achievement for all students attending 
the magnet school programs;
``(II) close historic opportunity 
and achievement gaps between each of 
the subgroups of students, defined in 
section 1111(c)(2), attending the 
magnet school programs; and
``(III) implement services and 
activities that are consistent with 
other programs under this Act, as 
appropriate; and
``(x) how the magnet program funded by the 
grant will improve the overall quality of the 
school district the program is housed within; 
and
``(B) the same assurances described in section 
4405(b)(2).
``(4) Applications from state educational agencies.--A 
State educational agency that submits an application under 
paragraph (1) shall describe how, specifically, the State views 
magnet schools as a solution to promote integration in the 
State.
``(c) Priority.--
``(1) In general.--In awarding grants under this section, 
the Secretary shall give priority to applicants that--
``(A) have integration embedded into school design, 
mission, structure, focus, and goals;
``(B) propose to design and implement inclusive 
enrollment practices, such as utilizing weighted 
lotteries and other inclusive and accessible practices 
that are consistent with the latest research and 
evidence-based practices identified by the Secretary;
``(C) continue to experience pronounced disparities 
in educational opportunities between each of the 
subgroups of students, defined in section 1111(c)(2), 
and propose to use funds to carry out evidence-based 
practices to reduce such disparities;
``(D) demonstrate a commitment to furthering inter-
district diversity through partnerships with 
neighboring local educational agencies in States that 
allow for these types of partnerships;
``(E) demonstrate the provision of free and 
accessible transportation for students to attend the 
magnet school programs served by such grant funds; or
``(F) demonstrate a commitment to authentically 
engaging families and community members from a 
multitude of racial, ethnic, socioeconomic, and 
linguistic backgrounds at all stages in the magnet 
program's development and operations.
``(2) Priority for meeting multiple criteria.--In awarding 
grants under this section, the Secretary shall give additional 
priority to applicants that meet more than 1 criterion under 
paragraph (1).
``(d) Use of Funds.--Grant funds made available under this section 
may be used by an eligible entity to support any of the following:
``(1) Activities that promote socioeconomic and racial 
integration in schools, including evidence-based practices to 
increase student diversity and decrease racial or socioeconomic 
isolation in schools, such as--
``(A) providing for ongoing data collection and 
evaluation activities to promote continuous improvement 
that ensures fidelity of magnet implementation;
``(B) developing and refining diversity goals for 
magnet school enrollment; and
``(C) ensuring student recruitment for magnet 
schools includes students in public housing within the 
boundaries of the school district, if it exists.
``(2) Activities that increase the capacity of existing 
facilities to house specialized magnet programs or convert 
entirely to magnet schools, such as--
``(A) providing not more than 15 percent of the 
grant funds for making infrastructure improvements and 
necessary equipment purchases to enable an existing 
public school facility to effectively develop, 
implement, and operate a thematic magnet school 
program; and
``(B) allowing existing facilities or schools to 
transition entirely to a magnet school rather than a 
traditional school housing a magnet program.
``(3) Enrollment management activities that promote a more 
diverse classroom and safe learning environment, such as--
``(A) supporting enhanced selection and recruitment 
materials and activities (including parent tours, open 
houses, and revised marketing materials);
``(B) providing free and accessible transportation 
for students to attend the magnet school; and
``(C) funding an individual employed by the 
eligible entity to devote at least a majority of the 
employee's time to enrollment activities, including 
reaching underserved communities to support the 
school's diversity goals.
``(4) Activities that strengthen the educator pipeline for 
magnet school programs, such as--
``(A) forging partnerships with nearby institutions 
of higher education with comprehensive educator 
preparation programs that incorporate extensive 
clinical practice and experience, including 
historically Black colleges and universities, Tribal 
Colleges and Universities, and other minority-serving 
institutions, to recruit educators with a stated desire 
to work in a magnet program served by the eligible 
entity; and
``(B) hiring prospective educators who are 
instructional area specialists, defined as educators 
with a specialized knowledge of an instructional area 
that is gained over not less than 10 years of work 
experience in a relevant field, to teach at magnet 
programs served by the eligible entity.
``(5) Activities that support a rigorous, well-rounded 
curriculum and high-quality instruction, such as--
``(A) providing ongoing professional development to 
educators, principals, other school leaders, 
specialized instructional support personnel, and other 
staff (such as cultural competency training, job-
embedded coaching, social and emotional learning, 
activities that support college, career, and life 
readiness, and other activities);
``(B) creating culturally responsive teaching and 
learning environments;
``(C) offering school staff members opportunities 
for networking and attending conferences;
``(D) encouraging theme integration throughout the 
curriculum and curriculum writing;
``(E) updating equipment and resources, such as by 
utilizing supplemental materials to enhance and enrich 
the magnet theme and developing multiple assessments to 
engage different types of learners; and
``(F) developing and implementing opportunities for 
students to participate in experiential learning, 
including through field trips and meaningful project-
based learning.
``(6) Activities that support family engagement, such as--
``(A) planning community events specifically geared 
toward supporting low-income families, such as through 
purchasing food, providing subsidies or passes for 
local public transportation services, and providing 
subsidies for child care services while parents are 
engaging with the magnet school;
``(B) establishing schools housing magnet programs 
as centerpieces of their community through outreach and 
wraparound services;
``(C) creating a community advisory board, 
demographically reflective of both the local community 
where the magnet school is located and the broader 
community of students planning to attend the magnet 
school, to assist the magnet school in providing 
support and guidance in the selection and 
implementation of their respective theme;
``(D) providing opportunities for families to 
participate in exploration of the magnet theme, guest 
speaker presentations, and author visits; and
``(E) inviting parents to be a part of the 
recruitment team that helps promote the magnet program.
``(7) Strengthening partnerships in the community, such as 
developing community partnerships with businesses, health and 
human services agencies, and other entities that enhance and 
support the magnet theme and provide rich learning and 
educational experiences for students.
``(8) Activities that support inter-district or regional 
integration, such as--
``(A) collaborating with urban and suburban 
districts in a comprehensive regional plan;
``(B) providing financial incentives to help 
receiving schools cover the cost of transferring 
students;
``(C) creating a clear vision for equity that 
includes a set of goals and benchmarks, which are 
responsive to realistic timelines and local factors, 
for achieving greater diversity, educational quality, 
and equity for targeted student subgroups that are 
specific to the region;
``(D) establishing a measurable definition of and 
means to reduce racial isolation at school and 
classroom levels;
``(E) investing in regional magnet programs, 
capital improvements, and educator professional 
development that raise the quality of schooling options 
available in all districts;
``(F) developing marketing campaigns that build 
strong and accessible systems of public information 
around schooling options; and
``(G) offering services for transfer students and 
families that include transportation, school 
counseling, and family liaisons.
``(9) Activities that support the implementation of 
restorative discipline policies that reduce the use of 
suspension and expulsion and improve overall school climate.
``(e) Prohibition.--The Secretary shall not award a grant under 
this section to an eligible entity that plans to establish, or has in 
place, application fees or admissions criteria related to fees.
``(f) Limitations.--
``(1) Duration of awards.--A grant under this section shall 
be awarded for a period that shall not exceed 5 fiscal years.
``(2) Amount.--No grant awarded under this section to an 
eligible entity shall exceed $7,500,000 for the grant period.
``(g) Reporting and Accountability.--
``(1) Reports.--Each eligible entity that receives a grant 
under this section shall, on an annual basis, prepare and 
submit a report to the Secretary containing information about--
``(A) how the grant funds were used;
``(B) how the grant recipient widely distributed 
information about the magnet school funded by the grant 
in an accessible manner;
``(C) the immediate and projected near-term impact, 
over the remaining period of the grant, that the grant 
funds had and will have on increasing socioeconomic or 
racial diversity, or both, in schools served by the 
eligible entity, or in magnet school programs served by 
such entity, or both;
``(D) how, if applicable, the grant funds fostered 
inter-district diversity;
``(E) how the grant funds increased student 
academic achievement in the instructional area offered 
by the magnet school or local educational agency, or 
both;
``(F) how the grant funds improved academic 
achievement of all students across all subjects in 
schools served by the eligible entity;
``(G) how the grant funds improved students' access 
to well-rounded curriculum and prepared, qualified 
educators; and
``(H) how the grant funds improved the quality of 
education for students attending the magnet school 
program or schools served by the eligible entity, or 
both, measured by a tangible increase in access to 
other opportunities outlined in subsection (b)(2).
``(2) Making reports public.--The Secretary shall, on an 
annual basis, make public the reports received under paragraph 
(1).
``(3) Accountability.--
``(A) In general.--The Secretary shall pursue 
enforcement actions against a grant recipient under 
this section that fails to demonstrate the improvements 
described in subparagraphs (C) through (H) of paragraph 
(1).
``(B) Written notice of concerns.--
``(i) In general.--In a case in which the 
Secretary determines that it is not clear that 
grant funds awarded under this section to a 
grant recipient are making a tangible and 
noticeable improvement in the areas described 
in subparagraphs (C) through (H) of paragraph 
(1), the Secretary shall, after 2 fiscal years, 
provide a written notice to the grant recipient 
containing the Secretary's concerns regarding 
the recipient's use of grant funds.
``(ii) Response.--A grant recipient that 
receives a written notice under clause (i) 
shall, not later than 90 days after the date of 
receipt of the notice, submit to the Secretary 
a plan for addressing the Secretary's concerns 
not later than 1 year after the date of receipt 
of the notice.
``(C) Failure to demonstrate improvements.--In a 
case in which the Secretary determines that a grant 
recipient has not addressed the Secretary's concerns in 
accordance with subparagraph (B)(ii), the Secretary 
shall provide a written notice to the grant recipient--
``(i) to return the remainder of the grant 
funds not later than 90 days after the date of 
receipt of the written notice; or
``(ii) if the grant awarded to the 
recipient is disbursed on an annual basis, that 
the recipient will no longer receive a grant 
under this section.''.
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