What This Bill Does
The Kids in Classes Act establishes a new way to use certain federal education money when schools cannot provide in-person instruction. The bill allows money to follow students directly to their parents or guardians instead of going to the school district. This money can be used for educational expenses outside of school buildings.
Who It Affects
Parents and guardians of students who attend public elementary or secondary schools that receive federal Title I funds. Public elementary and secondary schools that receive federal Title I funds. State educational agencies that distribute federal education money.
Key Provisions
States cannot receive federal Title I grant funds (federal money for schools serving low-income students) unless they give that money directly to parents or guardians of eligible children when schools close (Sec. 3(a)).
Money given to parents or guardians can pay for qualified educational expenses including curriculum materials, books, online learning materials, tutoring, private school tuition, testing fees and educational therapy for students with disabilities (Sec. 3(a)).
An eligible child is a student attending a public school that receives Title I funds and whose school fails to provide in-person instruction for more than 3 days during a school year due to public health emergencies or labor union negotiations (Sec. 3(b)).
What Changes
If this bill becomes law, states would be required to give federal Title I education money to parents and guardians instead of keeping it in school districts when schools close for more than 3 days due to public health emergencies or collective bargaining actions.
Important Definitions
Eligible child: a student who attends a public elementary or secondary school receiving Title I funds and whose school fails to provide in-person instruction for more than 3 days during a school year due to public health emergency or labor union negotiations (Sec. 3(b)).
I
118TH CONGRESS
1ST SESSION H. R. 1733
To establish an alternative use of certain Federal education funds when
in-person instruction is not available.
IN THE HOUSE OF REPRESENTATIVES
MARCH 23, 2023
Mr. OWENS introduced the following bill; which was referred to the Committee
on Education and the Workforce
A BILL
To establish an alternative use of certain Federal education
funds when in-person instruction is not available.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Kids in Classes Act’’.
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SEC. 2. FINDINGS.
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Congress finds the following:
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(1) Research indicates that children living in
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the poorest 20 percent of neighborhoods in the
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United States will experience the most negative and
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long-lasting effects of school closures.
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(2) Researchers predict that 1 year of school
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closures will cost ninth graders in the poorest com-
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munities a 25-percent decrease in their post-edu-
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cational earning potential, even if that year of clo-
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sure is followed by 3 years of normal schooling. By
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contrast, the same researchers predict no substantial
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losses for students from the richest 20 percent of
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neighborhoods.
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(3) Long periods of school closures during the
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COVID–19 pandemic deprive low-income students
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and students of color the equalizing force of edu-
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cation.
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(4) School closures will widen educational in-
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equality and the learning gaps created by these clo-
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sures will persist as students progress through high
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school, putting their future prospects at risk.
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(5) Data shows that closed classrooms were dis-
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proportionately composed of disadvantaged students,
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as well as students with low mathematics scores,
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students with limited English proficiency, or stu-
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dents who qualify for a free or reduced priced lunch.
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(6) School shutdowns contribute to dispropor-
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tionate learning loss for disadvantaged students,
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compounding existing gaps.
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SEC. 3. USE OF TITLE I FUNDS IF IN-PERSON INSTRUCTION
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IS NOT AVAILABLE.
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(a) TITLE I FUNDS TO FOLLOW ELIGIBLE CHIL-
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DREN.—Notwithstanding any other provision of law, a
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State educational agency shall not receive grant funds pro-
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vided under title I of the Elementary and Secondary Edu-
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cation Act of 1965 (20 U.S.C. 6311 et seq.), unless the
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State has provided for the allocation of those funds di-
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rectly to the parent or guardian of an eligible child for
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qualified educational expenses (including curriculum and
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curricular materials, books or instructional materials,
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technological educational materials, online educational
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materials, tutoring or educational classes outside the
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home, private school tuition, testing fees, diagnostic tools,
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and educational therapies for students with disabilities)
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for the purposes of ensuring that funding under such title
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follows eligible children.
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(b) ELIGIBLE CHILD.—In this section the term ‘‘eli-
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gible child’’ means a child who attends a public elementary
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school or secondary school that—
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(1) receives funds provided under title I of the
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Elementary and Secondary Education Act of 1965
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(20 U.S.C. 6311 et seq.); and
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(2) fails for more than 3 days during a school
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year, for reasons related to public health emergency
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or collective bargaining action, to make available in-
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person instruction for all students who wish to at-
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tend.
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Æ
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