[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 65 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                 H. R. 65

 To amend part A of title I of the Elementary and Secondary Education 
   Act of 1965 to allow States, in accordance with State law, to let 
 Federal funds for the education of disadvantaged children follow low-
   income children to the public school, charter school, accredited 
   private school, or supplemental educational service program they 
                    attend, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 9, 2023

  Mr. Biggs introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
 To amend part A of title I of the Elementary and Secondary Education 
   Act of 1965 to allow States, in accordance with State law, to let 
 Federal funds for the education of disadvantaged children follow low-
   income children to the public school, charter school, accredited 
   private school, or supplemental educational service program they 
                    attend, 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 ``Ending Common Core and Expanding 
School Choice Act''.

SEC. 2. STATE EDUCATIONAL AGENCY GRANTS TO ELIGIBLE CHILDREN.

    (a) In General.--Part A of title I of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6311 et seq.) is amended to read as 
follows:

     ``PART A--STATE EDUCATIONAL AGENCY GRANTS TO ELIGIBLE CHILDREN

``SEC. 1111. ALLOCATIONS TO STATES.

    ``(a) In General.--For each fiscal year, the Secretary shall 
allocate the amount appropriated to carry out this part among State 
education agencies based on the number of eligible children residing in 
each State.
    ``(b) Eligible Child.--In this section, the term `eligible child' 
means a child aged 5 to 17, inclusive, from a family with an income 
below the poverty level on the basis of the most recent satisfactory 
data published by the Department of Commerce.
    ``(c) Criteria of Poverty.--In determining the families with 
incomes below the poverty level for the purposes of this section, a 
State educational agency shall use the criteria of poverty used by the 
Census Bureau in compiling the most recent decennial census, as the 
criteria have been updated by increases in the Consumer Price Index for 
All Urban Consumers, published by the Bureau of Labor Statistics.

``SEC. 1112. FUNDS FOLLOWING ELIGIBLE CHILDREN.

    ``(a) Calculation of Per Pupil Amount.--For each fiscal year, the 
State educational agency shall calculate the per pupil amount by 
dividing the amount made available to the agency under section 1111 by 
the number of eligible children (as defined in section 1111(b)) 
residing in the State.
    ``(b) Use of Funds.--Each State educational agency shall use each 
per pupil amount calculated under subsection (a) for qualified 
elementary and secondary education expenses and in a manner directed by 
State law.
    ``(c) Funds Distributed to Parents.--In a case in which State law 
directs a State educational agency to distribute all or a portion of a 
per pupil amount to a parent of an eligible child, the agency also 
shall determine, consistent with State law, how the agency will verify 
that funds are being used in accordance with this section and whether 
to require the parent to establish an educational savings account or 
other dedicated account to maintain such funds.
    ``(d) Definition.--In this section, the term `qualified elementary 
and secondary education expenses', when used with respect to a child, 
means any of the following:
            ``(1) Expenses within the budget of the local educational 
        agency having jurisdiction over the geographic area in which 
        the child resides.
            ``(2) Expenses within the budget of the public or charter 
        school the child may attend without paying tuition or fees.
            ``(3) Tuition and fees required to be paid in order for the 
        child to attend a public or charter school in the State in 
        which the child resides.
            ``(4) Tuition and fees required to be paid in order for the 
        child to attend an accredited or otherwise State-approved 
        private school in the State in which the child resides.
            ``(5) Fees required to be paid for the child to participate 
        in a State-approved supplemental educational services program.

``SEC. 1113. RULES OF CONSTRUCTION.

    ``(a) In General.--No officer or employee of the Federal Government 
shall, through grants, contracts, or other cooperative agreements, 
mandate, direct, or control a State, local educational agency, or 
school's specific instructional content, academic standards and 
assessments, curricula, or program of instruction (including any 
requirement, direction, or mandate to adopt the Common Core State 
Standards developed under the Common Core State Standards Initiative, 
any other academic standards common to a significant number of States, 
or any assessment, instructional content, or curriculum aligned to such 
standards), nor shall anything in this Act be construed to authorize 
such officer or employee to do so.
    ``(b) No Requirement To Implement Assessments, Standards, or 
Accountability Systems.--An officer or employee of the Federal 
Government shall not require a State educational agency, local 
educational agency, school, or Indian Tribe to implement an annual 
assessment, academic standard, or accountability system, or condition 
funds made available under this part upon such implementation.''.
    (b) Conforming Amendments.--
            (1) Repeal of state assessment grants.--Part B of title I 
        of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 1201 et seq.) is repealed.
            (2) Authorization of appropriations.--Section 1002 of such 
        Act (20 U.S.C. 6302) is amended--
                    (A) by striking the subsection heading for 
                subsection (a) and inserting ``State Educational Agency 
                Grants for Eligible Children''; and
                    (B) by striking subsection (b).
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