[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1770 Introduced in House (IH)]

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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. 
Davidson, 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Support Children Having Open 
Opportunities for Learning Act of 2021'' or the ``SCHOOL Act of 2021''.

SEC. 2. FEDERAL FUNDING UNDER THE ELEMENTARY AND SECONDARY EDUCATION 
              ACT OF 1965 TO FOLLOW THE STUDENT.

    Title VIII of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7801 et seq.) is amended by adding at the end the following:

                 ``PART H--FUNDS TO FOLLOW THE STUDENT

``SEC. 8701. FUNDS TO FOLLOW THE STUDENT.

    ``(a) In General.--
            ``(1) Funds to follow the student.--Notwithstanding any 
        other provision of law and to the extent permitted under State 
        law, a State educational agency shall allocate grant funds 
        provided under titles I, III, IV, V, and VI, for the purposes 
        of ensuring that funding under such titles follows children, 
        whether learning in person or remotely, to the public school, 
        private school, or home school they attend--
                    ``(A) among the local educational agencies in the 
                State based on the number of eligible children enrolled 
                in the public schools operated by each local 
                educational agency; and
                    ``(B) directly to the eligible children, through 
                education savings accounts, residing in the State who 
                are enrolled in private schools or home schools.
            ``(2) Allowable uses of funds.--Funds allocated under 
        paragraph (1) may be used for, but not limited to--
                    ``(A) curriculum and curricular materials;
                    ``(B) books or other instructional materials;
                    ``(C) technological educational materials;
                    ``(D) online educational materials;
                    ``(E) tutoring or educational classes outside the 
                home;
                    ``(F) private school tuition;
                    ``(G) extracurricular activities;
                    ``(H) testing fees;
                    ``(I) diagnostic tools; and
                    ``(J) educational therapies for student with 
                disabilities.
            ``(3) Plan.--
                    ``(A) In general.--Each State that carries out 
                allocations described in paragraph (1) shall establish 
                a plan whereby the parent or guardian of each eligible 
                child in the State will annually notify the relevant 
                local educational agency of the public school or 
                private school which the child will attend, or if the 
                child will instead attend home school.
                    ``(B) Data collection.--Information collected under 
                this section by the State shall be used for the sole 
                purposes of calculating the allocation of funds and 
                distribution of funds under this section.
    ``(b) Definitions.--In this section:
            ``(1) Eligible child.--The term `eligible child' means a 
        child aged 5 to 17.
            ``(2) Home school.--The term `home school' means a home 
        school as defined by the laws of the State in which the 
        eligible child resides.
    ``(c) Student Enrollment in Public Schools, Private Schools, and 
Home Schools.--
            ``(1) Identification of eligible children.--On an annual 
        basis, on a date to be determined by the State educational 
        agency, each local educational agency that receives grant 
        funding in accordance with subsection (a) shall inform the 
        State educational agency of the number of eligible children 
        enrolled in public schools served by the local educational 
        agency and private schools and home schools located in the 
        school district served by the local educational agency in order 
        to provide allocations for each eligible child in equal amounts 
        regardless of where the child attends school in the State.
            ``(2) Allocation to local educational agencies and eligible 
        children.--Based on the identification of eligible children in 
        paragraph (1), the State educational agency shall provide--
                    ``(A) to a local educational agency an amount equal 
                to the sum of the amount available for each eligible 
                child in the State multiplied by the number of eligible 
                children identified by the local educational agency 
                under paragraph (1) enrolled in public schools served 
                by the local educational agency; and
                    ``(B) to an eligible child residing in the State 
                who is enrolled in a private school or home school, 
                through an education savings account, an amount equal 
                to the sum of the amount available for an eligible 
                child in the State.
            ``(3) Distribution to public schools.--Each local 
        educational agency that receives funds under paragraph (2)(A) 
        shall distribute such funds to the public schools served by the 
        local educational agency--
                    ``(A) based on the number of eligible children 
                enrolled in such schools; and
                    ``(B) in a manner that would, in the absence of 
                such Federal funds, supplement the funds made available 
                from non-Federal resources for the education of pupils 
                participating in programs under this Act, and not to 
                supplant such funds (in accordance with the method of 
                determination described in section 1117).
            ``(4) Distribution to eligible children.--Each State that 
        carries out allocations described in paragraph (1) shall 
        distribute amounts to the eligible children residing in that 
        State who enroll in a private school or home school--
                    ``(A) through an education savings account, as 
                described in paragraph (2)(B); and
                    ``(B) in a manner that would, in the absence of 
                such Federal funds, supplement the funds made available 
                from non-Federal resources for the education of pupils 
                participating in programs under this Act, and not to 
                supplant such funds (in accordance with the method of 
                determination described in section 1117).
    ``(d) Application of Participation of Children Enrolled in Private 
Schools.--The provisions of section 1116 shall apply to this section.
    ``(e) Rule of Construction.--
            ``(1) Federally funded school food programs.--Nothing in 
        this section shall be construed to preclude a child eligible 
        for assistance under the free and reduced price school lunch 
        program established under the Richard B. Russell National 
        School Lunch Act (42 U.S.C. 1751 et seq.) from receiving 
        assistance under such program.
            ``(2) Prohibition of control over non-public education 
        providers.--Nothing in this section shall permit, allow, 
        encourage, or authorize Federal or State control over non-
        public education providers.''.

SEC. 3. FEDERAL FUNDING UNDER THE INDIVIDUALS WITH DISABILITIES 
              EDUCATION ACT TO FOLLOW THE STUDENT.

    Part A of the Individuals with Disabilities Education Act (20 
U.S.C. 1401 et seq.) is amended by adding at the end the following:

``SEC. 611. FUNDS TO FOLLOW THE STUDENT.

    ``(a) In General.--
            ``(1) Funds to follow the student.--Notwithstanding any 
        other provision of law and to the extent permitted under State 
        law, a State educational agency shall allocate grant funds 
        provided under this Act, for the purposes of ensuring that 
        funding under this Act follows children, whether learning in 
        person or remotely, to the public school, private school, or 
        home school they attend--
                    ``(A) among the local educational agencies in the 
                State based on the number of eligible children enrolled 
                in the public schools operated by each local 
                educational agency; and
                    ``(B) directly to the eligible children, through 
                education savings accounts, residing in that State who 
                are enrolled in private schools or home schools.
            ``(2) Allowable uses of funds.--Funds allocated under 
        paragraph (1) may be used for, but not limited to--
                    ``(A) curriculum and curricular materials;
                    ``(B) books or other instructional materials;
                    ``(C) technological educational materials;
                    ``(D) online educational materials;
                    ``(E) tutoring or educational classes outside the 
                home;
                    ``(F) private school tuition;
                    ``(G) extracurricular activities;
                    ``(H) testing fees;
                    ``(I) diagnostic tools; and
                    ``(J) educational therapies for student with 
                disabilities.
            ``(3) Plan.--
                    ``(A) In general.--Each State that carries out 
                allocations described in paragraph (1) shall establish 
                a plan whereby the parent or guardian of each eligible 
                child in the State will annually notify the relevant 
                local educational agency of the public school or 
                private school which the child will attend, or if the 
                child will instead attend home school.
                    ``(B) Data collection.--Information collected under 
                this section by the State shall be used for the sole 
                purposes of calculating the allocation of funds and 
                distribution of funds under this section.
    ``(b) Definitions.--In this section:
            ``(1) Eligible child.--The term `eligible child' means a 
        child with a disability who is eligible to receive special 
        education and related services under this Act.
            ``(2) Home school.--The term `home school' means a home 
        school as defined by the laws of the State in which the 
        eligible child resides.
    ``(c) Student Enrollment in Public Schools, Private Schools, and 
Home Schools.--
            ``(1) Identification of eligible children.--On an annual 
        basis, on a date to be determined by the State educational 
        agency, each local educational agency that receives grant 
        funding in accordance with subsection (a) shall inform the 
        State educational agency of the number of eligible children 
        enrolled in public schools served by the local educational 
        agency and private schools and home schools located in the 
        school district served by the local educational agency in order 
        to provide allocations for each eligible child in equal amounts 
        regardless of where the child attends school in the State.
            ``(2) Allocation to local educational agencies and eligible 
        children.--Based on the identification of eligible children in 
        paragraph (1), the State educational agency shall provide--
                    ``(A) to a local educational agency an amount equal 
                to the sum of the amount available for each eligible 
                child in the State multiplied by the number of eligible 
                children identified by the local educational agency 
                under paragraph (1) enrolled in public schools served 
                by the local educational agency; and
                    ``(B) to an eligible child residing in the State 
                who is enrolled in a private school or home school, 
                through an education savings account, an amount equal 
                to the sum of the amount available for an eligible 
                child in the State.
            ``(3) Distribution to public schools.--Each local 
        educational agency that receives funds under paragraph (2)(A) 
        shall distribute such funds to the public schools served by the 
        local educational agency--
                    ``(A) based on the number of eligible children 
                enrolled in such schools; and
                    ``(B) in a manner that would, in the absence of 
                such Federal funds, supplement the funds made available 
                from non-Federal resources for the education of pupils 
                participating in programs under this Act, and not to 
                supplant such funds.
            ``(4) Distribution to eligible children.--Each State that 
        carries out allocations described in paragraph (1) shall 
        distribute amounts to the eligible children residing in that 
        State who enroll in a private school or home school--
                    ``(A) through an education savings account, as 
                described in paragraph (2)(B); and
                    ``(B) in a manner that would, in the absence of 
                such Federal funds, supplement the funds made available 
                from non-Federal resources for the education of pupils 
                participating in programs under this Act, and not to 
                supplant such funds.
    ``(d) Rule of Construction.--
            ``(1) Federally funded school lunch programs.--Nothing in 
        this section shall be construed to preclude a child eligible 
        for assistance under the free and reduced price school lunch 
        program established under the Richard B. Russell National 
        School Lunch Act (42 U.S.C. 1751 et seq.) from receiving 
        assistance under such program.
            ``(2) Prohibition of control over non-public education 
        providers.--Nothing in this section shall permit, allow, 
        encourage, or authorize Federal or State control over non-
        public education providers.''.
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