Kids Before Cons Act

Kids Before Cons Act

This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to limit waiver authority of the Department of Education (ED) under the Experimental Sites Initiative.

Specifically, it prohibits ED from waiving statutory provisions that ban Pell Grant eligibility and federal financial aid for incarcerated students (e.g., as part of an experimental initiative to allow incarcerated students to receive Pell Grants for postsecondary education opportunities). The legislation also prohibits ED from awarding funds to an institution of higher education for providing such postsecondary education to incarcerated individuals.

ED must conduct and make publicly available a study that compares incarceration rates of: (1) private or charter school students who receive vouchers, and (2) traditional public school students.

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3327 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 3327

    To prohibit the awarding of Federal Pell Grants to incarcerated 
                  individuals, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 29, 2015

   Mr. Collins of New York introduced the following bill; which was 
        referred to the Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
    To prohibit the awarding of Federal Pell Grants to incarcerated 
                  individuals, 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 ``Kids Before Cons Act''.

SEC. 2. LIMITATIONS ON WAIVERS FOR EXPERIMENTAL SITES.

    Section 487A(b)(3) (20 U.S.C. 1094a(b)(3)) is amended by adding at 
the end the following:
                    ``(C) Limitations.--Nothing in subparagraph (B) or 
                any other provision of this Act shall be construed to--
                            ``(i) authorize the Secretary to waive the 
                        prohibition under section 401(b)(6) on awarding 
                        a Federal Pell Grant to an incarcerated 
                        individual or any other individual described in 
                        such section 401(b)(6);
                            ``(ii) authorize the Secretary to waive the 
                        prohibition under 484(b)(5) on awarding a loan 
                        under this title to an incarcerated individual; 
                        or
                            ``(iii) authorize the Secretary to award 
                        funds to institutions of higher education for 
                        providing postsecondary education to 
                        incarcerated individuals.''.

SEC. 3. STUDY ON INCARCERATION RATES.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary of Education shall--
            (1) carry out a study to determine whether the 
        incarceration rates of students enrolled in a charter school or 
        private school as a result of participation in a voucher 
        program is lower than the incarceration rates of students 
        enrolled in a traditional public school in the same geographic 
        area with similar parent income levels; and
            (2) publish the results of such study on its publically 
        available website.
    (b) Incarceration Rates.--In comparing incarceration rates for 
purposes of subsection (a), the Secretary of Education--
            (1) may use incarceration rate data available from prior 
        years; and
            (2) shall include a comparison of post-graduation 
        incarceration rates of students described in subsection (a).
    (c) Definitions.--In this section:
            (1) Charter school.--The term ``charter school'' has the 
        meaning given the term in section 5210 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7221i).
            (2) Other esea terms.--The terms ``elementary school'', 
        ``parent'', ``secondary school'', and ``State'' have the 
        meanings given the terms in section 9101 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7801).
            (3) Private school.--The term ``private school'' means a 
        private elementary school or secondary school.
            (4) Voucher program.--The term ``voucher program'' means a 
        program that allows participating parents to use State funds to 
        enroll their children in a private school.
                                 <all>