Choice for Every Child Act
This bill allows certain federal funds for elementary and secondary education to follow low-income students and students with disabilities to the school that they attend (i.e., public, private, or home school). These funds may be used for educational and instructional materials, tutoring, and tuition.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4563 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 4563
To give States the flexibility to have Federal education funds follow
the child.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 10, 2020
Mrs. Loeffler introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To give States the flexibility to have Federal education funds follow
the child.
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 ``Choice for Every Child Act''.
SEC. 2. TITLE I PORTABILITY.
(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 by adding at
the end the following:
``SEC. 1128. TITLE I FUNDS FOLLOW THE LOW-INCOME CHILD STATE OPTION.
``(a) In General.--
``(1) Allocation to leas.--Notwithstanding any other
provision of law and to the extent permitted under State law, a
State educational agency may allocate grant funds under this
part to the local educational agencies in the State based on
the number of eligible children in each local educational
agency (including such children who are enrolled in the public
schools served by the local educational agency, enrolled in the
State-accredited private schools within local educational
agency's geographic jurisdiction, or participating in
homeschool in such jurisdiction).
``(2) Choice of distribution.--Each State may choose
whether to have local educational agencies in the State
distribute funds made available for eligible children who are
enrolled in State-accredited private schools within each local
educational agency's geographic jurisdiction directly to such
schools in accordance with subsection (c)(3)(A) or directly to
the parents of such children in accordance with subsection
(c)(3)(B).
``(b) Eligible Child.--
``(1) Definition.--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.
``(2) 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.
``(3) Amount per eligible child.--The amount available for
each eligible child in the State shall be equal to--
``(A) the total amount available to the State under
this section; divided by
``(B) the total number of eligible children in the
State.
``(c) Student Enrollment in Public and Private 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 the public schools served by the local educational
agency, enrolled in the State-accredited private schools within
local educational agency's geographic jurisdiction, or
participating in homeschool in such jurisdiction.
``(2) Allocation to local educational agencies.--Based on
the identification of eligible children in paragraph (1), the
State educational agency shall provide 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).
``(3) Distribution.--
``(A) Direct distribution to private schools.--In
the case of a State that chooses to have funds under
this section distributed directly to State-accredited
private schools within the local educational agency's
geographic jurisdiction, the local educational agency
that receives funds under paragraph (2) shall
distribute such funds to the public schools served by
the local educational agency and State-accredited
private schools within the local educational agency's
geographic jurisdiction--
``(i) based on the number of eligible
children enrolled in such schools; and
``(ii) 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 subpart, and not to
supplant such funds.
``(B) Distribution to parents of private school
students.--In the case of a State that chooses to have
funds under this section distributed directly to
parents of children that are enrolled in State-
accredited private schools within the local educational
agency's geographic jurisdiction, the local educational
agency that receives funds under paragraph (2) shall--
``(i) distribute such funds to the public
schools served by the local educational agency
based on the number of eligible children
enrolled in such schools;
``(ii) distribute the amount available for
each eligible child to the parents of each
child who is enrolled in a State-accredited
private school within the local educational
agency's geographic jurisdiction for use for
qualified educational expenses; and
``(iii) distribute funds under paragraph
(2) 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 subpart, and not to supplant such
funds.
``(C) Distribution to parents of home school
students.--Each local educational agency that receives
funds under paragraph (2) shall distribute the amount
available for each eligible child to the parents of
each child who participates in homeschool for use for
qualified educational expenses.
``(d) Qualified Educational Expenses.--
``(1) In general.--In this section, the term `qualified
educational expenses' means--
``(A) tuition;
``(B) curriculum and curricular materials;
``(C) books or other instructional materials;
``(D) online educational materials; and
``(E) tuition for tutoring or educational classes
outside of the home, including at a tutoring facility,
but only if the tutor or instructor--
``(i) is not related to the student;
``(ii) is licensed as a teacher in any
State; and
``(iii) is a subject matter expert in the
relevant subject.
``(2) Homeschool.--Qualified educational expenses shall
include expenses for the purposes described in subparagraphs
(A) through (E) of paragraph (1) in connection with a
homeschool (whether treated as a homeschool or a private school
for purposes of applicable State law).
``(e) Treatment of Direct Payments.--The amount of any direct
payment to parents of an eligible child under this section shall not be
treated as income of the child or his or her parents for purposes of
the Internal Revenue Code of 1986 or for determining eligibility for
any other Federal program.
``(f) Prohibition of Control Over Non-Public Education.--Nothing in
this section shall be construed to authorize additional Federal or
State control over non-public education providers.''.
(b) Table of Contents Amendment.--The table of contents in section
2 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301
et seq.) is amended by inserting after the item relating to section
1127 the following:
``1128. Title I funds follow the low-income child State option.''.
SEC. 3. FEDERAL FUNDING UNDER THE INDIVIDUALS WITH DISABILITIES
EDUCATION ACT TO FOLLOW THE CHILD.
Part B of the Individuals with Disabilities Education Act (20
U.S.C. 1411 et seq.) is amended by adding at the end the following:
``SEC. 620. IDEA FUNDS FOLLOW THE CHILD STATE OPTION.
``(a) In General.--Notwithstanding any other provision of law and
to the extent permitted under State law, a State educational agency may
establish a program through which the funds made available under this
part are allocated to the local educational agencies in the State based
on the number of eligible children within each local educational
agency's geographic jurisdiction.
``(b) Eligible Child.--
``(1) Eligible child defined.--In this section, the term
`eligible child' means a child with a disability who is
eligible to receive special education and related services
under this part.
``(2) Amount per eligible child.--The amount available for
each eligible child in the State shall be equal to--
``(A) the total amount available to the State under
this part; divided by
``(B) the total number of eligible children in the
State.
``(c) Allocation to LEAs.--
``(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
within the local educational agency's geographic jurisdiction.
``(2) Allocation to local educational agencies.--Based on
the identification of eligible children in paragraph (1), the
State educational agency shall provide to a local educational
agency an amount equal to 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).
``(3) Distribution of funds.--Each local educational agency
that receives funds under paragraph (2) shall--
``(A) distribute to each public school served by
the local educational agency an amount equal to--
``(i) number of eligible children enrolled
in such school; multiplied by
``(ii) the amount available for each
eligible child in the State;
``(B) distribute to the parents of each eligible
child in local educational agency's geographic
jurisdiction who is not enrolled in public school an
amount equal to the amount available for each eligible
child in the State for use for qualified educational
expenses; and
``(C) distribute the funds under paragraph (2) 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 subpart, and not
to supplant such funds.
``(d) Qualified Educational Expenses.--
``(1) In general.--In this section, the term `qualified
educational expenses' means--
``(A) tuition;
``(B) curriculum and curricular materials;
``(C) books or other instructional materials;
``(D) online educational materials; and
``(E) tuition for tutoring or educational classes
outside of the home, including at a tutoring facility,
but only if the tutor or instructor--
``(i) is not related to the student;
``(ii) is licensed as a teacher in any
State; and
``(iii) is a subject matter expert in the
relevant subject.
``(2) Homeschool.--Qualified educational expenses shall
include expenses for the purposes described in subparagraphs
(A) through (E) of paragraph (1) in connection with a
homeschool (whether treated as a homeschool or a private school
for purposes of applicable State law).
``(e) Payments to Parents.--In the case of an eligible child who is
not enrolled in public school and whose parents receive a direct
payment under subsection (c)(3)(B), the State shall be considered to
have provided that child with a free appropriate public education, to
have provided special education and related services to that child, and
to have fulfilled the State's other obligations under this part with
respect to that child.
``(f) Treatment of Direct Payments.--The amount of any direct
payment to parents of an eligible child under this section shall not be
treated as income of the child or his or her parents for purposes of
the Internal Revenue Code of 1986 or for determining eligibility for
any other Federal program.
``(g) Prohibition of Control Over Non-Public Education.--Nothing in
this section shall be construed to authorize additional Federal or
State control over non-public education providers.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Finance.
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