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