119-hr2275

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2275 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 2275

 To allow Federal funds appropriated for kindergarten through grade 12 
 education to follow the student.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 March 21, 2025

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

_______________________________________________________________________

 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 2025'' or the ``SCHOOL Act of 2025''.

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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