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I
117TH CONGRESS
1ST SESSION H. R. 1770
To allow Federal funds appropriated for kindergarten through grade 12
education to follow the student.
IN THE HOUSE OF REPRESENTATIVES
MARCH 10, 2021
Mr. ROY (for himself, Mr. LAMALFA, Mr. RICE of South Carolina, Mr. DA-
VIDSON, Mr. BIGGS, Mr. GOHMERT, Mr. HICE of Georgia, Mr. NORMAN,
Mr. DONALDS, Ms. HERRELL, Mr. MAST, and Mr. HARRIS) introduced
the following bill; which was referred to the Committee on Education and
Labor
A BILL
To allow Federal funds appropriated for kindergarten
through grade 12 education to follow the student.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Support Children Hav-
4
ing Open Opportunities for Learning Act of 2021’’ or the
5
‘‘SCHOOL Act of 2021’’.
6
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•HR 1770 IH
SEC. 2. FEDERAL FUNDING UNDER THE ELEMENTARY AND
1
SECONDARY EDUCATION ACT OF 1965 TO
2
FOLLOW THE STUDENT.
3
Title VIII of the Elementary and Secondary Edu-
4
cation Act of 1965 (20 U.S.C. 7801 et seq.) is amended
5
by adding at the end the following:
6
‘‘PART H—FUNDS TO FOLLOW THE STUDENT
7
‘‘SEC. 8701. FUNDS TO FOLLOW THE STUDENT.
8
‘‘(a) IN GENERAL.—
9
‘‘(1) FUNDS TO FOLLOW THE STUDENT.—Not-
10
withstanding any other provision of law and to the
11
extent permitted under State law, a State edu-
12
cational agency shall allocate grant funds provided
13
under titles I, III, IV, V, and VI, for the purposes
14
of ensuring that funding under such titles follows
15
children, whether learning in person or remotely, to
16
the public school, private school, or home school they
17
attend—
18
‘‘(A) among the local educational agencies
19
in the State based on the number of eligible
20
children enrolled in the public schools operated
21
by each local educational agency; and
22
‘‘(B) directly to the eligible children,
23
through education savings accounts, residing in
24
the State who are enrolled in private schools or
25
home schools.
26
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•HR 1770 IH
‘‘(2) ALLOWABLE USES OF FUNDS.—Funds al-
1
located under paragraph (1) may be used for, but
2
not limited to—
3
‘‘(A) curriculum and curricular materials;
4
‘‘(B) books or other instructional mate-
5
rials;
6
‘‘(C) technological educational materials;
7
‘‘(D) online educational materials;
8
‘‘(E) tutoring or educational classes out-
9
side the home;
10
‘‘(F) private school tuition;
11
‘‘(G) extracurricular activities;
12
‘‘(H) testing fees;
13
‘‘(I) diagnostic tools; and
14
‘‘(J) educational therapies for student with
15
disabilities.
16
‘‘(3) PLAN.—
17
‘‘(A) IN GENERAL.—Each State that car-
18
ries out allocations described in paragraph (1)
19
shall establish a plan whereby the parent or
20
guardian of each eligible child in the State will
21
annually notify the relevant local educational
22
agency of the public school or private school
23
which the child will attend, or if the child will
24
instead attend home school.
25
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•HR 1770 IH
‘‘(B)
DATA
COLLECTION.—Information
1
collected under this section by the State shall
2
be used for the sole purposes of calculating the
3
allocation of funds and distribution of funds
4
under this section.
5
‘‘(b) DEFINITIONS.—In this section:
6
‘‘(1) ELIGIBLE
CHILD.—The term ‘eligible
7
child’ means a child aged 5 to 17.
8
‘‘(2) HOME SCHOOL.—The term ‘home school’
9
means a home school as defined by the laws of the
10
State in which the eligible child resides.
11
‘‘(c) STUDENT ENROLLMENT IN PUBLIC SCHOOLS,
12
PRIVATE SCHOOLS, AND HOME SCHOOLS.—
13
‘‘(1) IDENTIFICATION
OF
ELIGIBLE
CHIL-
14
DREN.—On an annual basis, on a date to be deter-
15
mined by the State educational agency, each local
16
educational agency that receives grant funding in ac-
17
cordance with subsection (a) shall inform the State
18
educational agency of the number of eligible children
19
enrolled in public schools served by the local edu-
20
cational agency and private schools and home
21
schools located in the school district served by the
22
local educational agency in order to provide alloca-
23
tions for each eligible child in equal amounts regard-
24
less of where the child attends school in the State.
25
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•HR 1770 IH
‘‘(2) ALLOCATION
TO
LOCAL
EDUCATIONAL
1
AGENCIES AND ELIGIBLE CHILDREN.—Based on the
2
identification of eligible children in paragraph (1),
3
the State educational agency shall provide—
4
‘‘(A) to a local educational agency an
5
amount equal to the sum of the amount avail-
6
able for each eligible child in the State multi-
7
plied by the number of eligible children identi-
8
fied by the local educational agency under para-
9
graph (1) enrolled in public schools served by
10
the local educational agency; and
11
‘‘(B) to an eligible child residing in the
12
State who is enrolled in a private school or
13
home school, through an education savings ac-
14
count, an amount equal to the sum of the
15
amount available for an eligible child in the
16
State.
17
‘‘(3) DISTRIBUTION
TO
PUBLIC
SCHOOLS.—
18
Each local educational agency that receives funds
19
under paragraph (2)(A) shall distribute such funds
20
to the public schools served by the local educational
21
agency—
22
‘‘(A) based on the number of eligible chil-
23
dren enrolled in such schools; and
24
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•HR 1770 IH
‘‘(B) in a manner that would, in the ab-
1
sence of such Federal funds, supplement the
2
funds made available from non-Federal re-
3
sources for the education of pupils participating
4
in programs under this Act, and not to sup-
5
plant such funds (in accordance with the meth-
6
od of determination described in section 1117).
7
‘‘(4) DISTRIBUTION TO ELIGIBLE CHILDREN.—
8
Each State that carries out allocations described in
9
paragraph (1) shall distribute amounts to the eligi-
10
ble children residing in that State who enroll in a
11
private school or home school—
12
‘‘(A) through an education savings ac-
13
count, as described in paragraph (2)(B); and
14
‘‘(B) in a manner that would, in the ab-
15
sence of such Federal funds, supplement the
16
funds made available from non-Federal re-
17
sources for the education of pupils participating
18
in programs under this Act, and not to sup-
19
plant such funds (in accordance with the meth-
20
od of determination described in section 1117).
21
‘‘(d) APPLICATION OF PARTICIPATION OF CHILDREN
22
ENROLLED IN PRIVATE SCHOOLS.—The provisions of sec-
23
tion 1116 shall apply to this section.
24
‘‘(e) RULE OF CONSTRUCTION.—
25
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•HR 1770 IH
‘‘(1) FEDERALLY FUNDED SCHOOL FOOD PRO-
1
GRAMS.—Nothing in this section shall be construed
2
to preclude a child eligible for assistance under the
3
free and reduced price school lunch program estab-
4
lished under the Richard B. Russell National School
5
Lunch Act (42 U.S.C. 1751 et seq.) from receiving
6
assistance under such program.
7
‘‘(2) PROHIBITION
OF
CONTROL
OVER
NON-
8
PUBLIC
EDUCATION
PROVIDERS.—Nothing in this
9
section shall permit, allow, encourage, or authorize
10
Federal or State control over non-public education
11
providers.’’.
12
SEC. 3. FEDERAL FUNDING UNDER THE INDIVIDUALS WITH
13
DISABILITIES EDUCATION ACT TO FOLLOW
14
THE STUDENT.
15
Part A of the Individuals with Disabilities Education
16
Act (20 U.S.C. 1401 et seq.) is amended by adding at
17
the end the following:
18
‘‘SEC. 611. FUNDS TO FOLLOW THE STUDENT.
19
‘‘(a) IN GENERAL.—
20
‘‘(1) FUNDS TO FOLLOW THE STUDENT.—Not-
21
withstanding any other provision of law and to the
22
extent permitted under State law, a State edu-
23
cational agency shall allocate grant funds provided
24
under this Act, for the purposes of ensuring that
25
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•HR 1770 IH
funding under this Act follows children, whether
1
learning in person or remotely, to the public school,
2
private school, or home school they attend—
3
‘‘(A) among the local educational agencies
4
in the State based on the number of eligible
5
children enrolled in the public schools operated
6
by each local educational agency; and
7
‘‘(B) directly to the eligible children,
8
through education savings accounts, residing in
9
that State who are enrolled in private schools or
10
home schools.
11
‘‘(2) ALLOWABLE USES OF FUNDS.—Funds al-
12
located under paragraph (1) may be used for, but
13
not limited to—
14
‘‘(A) curriculum and curricular materials;
15
‘‘(B) books or other instructional mate-
16
rials;
17
‘‘(C) technological educational materials;
18
‘‘(D) online educational materials;
19
‘‘(E) tutoring or educational classes out-
20
side the home;
21
‘‘(F) private school tuition;
22
‘‘(G) extracurricular activities;
23
‘‘(H) testing fees;
24
‘‘(I) diagnostic tools; and
25
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•HR 1770 IH
‘‘(J) educational therapies for student with
1
disabilities.
2
‘‘(3) PLAN.—
3
‘‘(A) IN GENERAL.—Each State that car-
4
ries out allocations described in paragraph (1)
5
shall establish a plan whereby the parent or
6
guardian of each eligible child in the State will
7
annually notify the relevant local educational
8
agency of the public school or private school
9
which the child will attend, or if the child will
10
instead attend home school.
11
‘‘(B)
DATA
COLLECTION.—Information
12
collected under this section by the State shall
13
be used for the sole purposes of calculating the
14
allocation of funds and distribution of funds
15
under this section.
16
‘‘(b) DEFINITIONS.—In this section:
17
‘‘(1) ELIGIBLE
CHILD.—The term ‘eligible
18
child’ means a child with a disability who is eligible
19
to receive special education and related services
20
under this Act.
21
‘‘(2) HOME SCHOOL.—The term ‘home school’
22
means a home school as defined by the laws of the
23
State in which the eligible child resides.
24
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•HR 1770 IH
‘‘(c) STUDENT ENROLLMENT IN PUBLIC SCHOOLS,
1
PRIVATE SCHOOLS, AND HOME SCHOOLS.—
2
‘‘(1) IDENTIFICATION
OF
ELIGIBLE
CHIL-
3
DREN.—On an annual basis, on a date to be deter-
4
mined by the State educational agency, each local
5
educational agency that receives grant funding in ac-
6
cordance with subsection (a) shall inform the State
7
educational agency of the number of eligible children
8
enrolled in public schools served by the local edu-
9
cational agency and private schools and home
10
schools located in the school district served by the
11
local educational agency in order to provide alloca-
12
tions for each eligible child in equal amounts regard-
13
less of where the child attends school in the State.
14
‘‘(2) ALLOCATION
TO
LOCAL
EDUCATIONAL
15
AGENCIES AND ELIGIBLE CHILDREN.—Based on the
16
identification of eligible children in paragraph (1),
17
the State educational agency shall provide—
18
‘‘(A) to a local educational agency an
19
amount equal to the sum of the amount avail-
20
able for each eligible child in the State multi-
21
plied by the number of eligible children identi-
22
fied by the local educational agency under para-
23
graph (1) enrolled in public schools served by
24
the local educational agency; and
25
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•HR 1770 IH
‘‘(B) to an eligible child residing in the
1
State who is enrolled in a private school or
2
home school, through an education savings ac-
3
count, an amount equal to the sum of the
4
amount available for an eligible child in the
5
State.
6
‘‘(3) DISTRIBUTION
TO
PUBLIC
SCHOOLS.—
7
Each local educational agency that receives funds
8
under paragraph (2)(A) shall distribute such funds
9
to the public schools served by the local educational
10
agency—
11
‘‘(A) based on the number of eligible chil-
12
dren enrolled in such schools; and
13
‘‘(B) in a manner that would, in the ab-
14
sence of such Federal funds, supplement the
15
funds made available from non-Federal re-
16
sources for the education of pupils participating
17
in programs under this Act, and not to sup-
18
plant such funds.
19
‘‘(4) DISTRIBUTION TO ELIGIBLE CHILDREN.—
20
Each State that carries out allocations described in
21
paragraph (1) shall distribute amounts to the eligi-
22
ble children residing in that State who enroll in a
23
private school or home school—
24
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•HR 1770 IH
‘‘(A) through an education savings ac-
1
count, as described in paragraph (2)(B); and
2
‘‘(B) in a manner that would, in the ab-
3
sence of such Federal funds, supplement the
4
funds made available from non-Federal re-
5
sources for the education of pupils participating
6
in programs under this Act, and not to sup-
7
plant such funds.
8
‘‘(d) RULE OF CONSTRUCTION.—
9
‘‘(1) FEDERALLY FUNDED SCHOOL LUNCH PRO-
10
GRAMS.—Nothing in this section shall be construed
11
to preclude a child eligible for assistance under the
12
free and reduced price school lunch program estab-
13
lished under the Richard B. Russell National School
14
Lunch Act (42 U.S.C. 1751 et seq.) from receiving
15
assistance under such program.
16
‘‘(2) PROHIBITION
OF
CONTROL
OVER
NON-
17
PUBLIC
EDUCATION
PROVIDERS.—Nothing in this
18
section shall permit, allow, encourage, or authorize
19
Federal or State control over non-public education
20
providers.’’.
21
Æ
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