Kids in Classes Act
This bill prohibits a state educational agency from receiving specified federal education funds unless funds are provided directly to a parent or guardian of an eligible child for certain qualified educational expenses (e.g., educational materials, tutoring, or private school tuition). Eligible child refers to a child who attends a public elementary or secondary school and such school (1) receives specified federal education funds; and (2) does not provide, for more than three days during a school year and for reasons related to a public health emergency or collective bargaining action, in-person instruction for all students who wish to attend.
To establish an alternative use of certain Federal education funds when 
                in-person instruction is not available.

    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 in Classes Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Research indicates that children living in the poorest 
        20 percent of neighborhoods in the United States will 
        experience the most negative and long-lasting effects of school 
        closures.
            (2) Researchers predict that 1 year of school closures will 
        cost ninth graders in the poorest communities a 25-percent 
        decrease in their post-educational earning potential, even if 
        that year of closure is followed by 3 years of normal 
        schooling. By contrast, the same researchers predict no 
        substantial losses for students from the richest 20 percent of 
        neighborhoods.
            (3) Long periods of school closures during the COVID-19 
        pandemic deprive low-income students and students of color the 
        equalizing force of education.
            (4) School closures will widen educational inequality and 
        the learning gaps created by these closures will persist as 
        students progress through high school, putting their future 
        prospects at risk.
            (5) Data shows that closed classrooms were 
        disproportionately composed of disadvantaged students, as well 
        as students with low mathematics scores, students with limited 
        English proficiency, or students who qualify for a free or 
        reduced priced lunch.
            (6) School shutdowns contribute to disproportionate 
        learning loss for disadvantaged students, compounding existing 
        gaps.

SEC. 3. USE OF TITLE I FUNDS IF IN-PERSON INSTRUCTION IS NOT AVAILABLE.

    (a) Title I Funds To Follow Eligible Children.--Notwithstanding any 
other provision of law, a State educational agency shall not receive 
grant funds provided under title I of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6311 et seq.), unless the State has 
provided for the allocation of those funds directly to the parent or 
guardian of an eligible child for qualified educational expenses 
(including curriculum and curricular materials, books or instructional 
materials, technological educational materials, online educational 
materials, tutoring or educational classes outside the home, private 
school tuition, testing fees, diagnostic tools, and educational 
therapies for students with disabilities) for the purposes of ensuring 
that funding under such title follows eligible children.
    (b) Eligible Child.--In this section the term ``eligible child'' 
means a child who attends a public elementary school or secondary 
school that--
            (1) receives funds provided under title I of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.); 
        and
            (2) fails for more than 3 days during a school year, for 
        reasons related to public health emergency or collective 
        bargaining action, to make available in-person instruction for 
        all students who wish to attend.
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Kids in Classes Act
To establish an alternative use of certain Federal education funds when in-person instruction is not available.
Kids in Classes Act
Rep. Jacobs, Chris