II 

118TH CONGRESS 

1ST SESSION S. 952 

To establish an alternative use of certain Federal education funds when 

in-person instruction is not available. 

IN THE SENATE OF THE UNITED STATES 

MARCH 23, 2023 

Mr. SCOTT of South Carolina introduced the following bill; which was read 

twice and referred to the Committee on Health, Education, Labor, and 

Pensions 

A BILL 

To establish an alternative use of certain Federal education 

funds when in-person instruction is not available. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Kids in Classes Act’’. 

5 SEC. 2. FINDINGS. 

6 Congress finds the following: 

7 (1) Research indicates that children living in 

8 the poorest 20 percent of neighborhoods in the 

9 United States will experience the most negative and 

10 long-lasting effects of school closures. 


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1 (2) Researchers predict that 1 year of school 

2 closures will cost ninth graders in the poorest com3 munities a 25 percent decrease in their post-edu4 cational earning potential, even if that year of clo5 sure is followed by 3 years of normal schooling. By 

6 contrast, the same researchers predict no substantial 

7 losses for students from the richest 20 percent of 

8 neighborhoods. 

9 (3) Long periods of school closures during the 

10 COVID–19 pandemic deprive low-income students 

11 and students of color the equalizing force of edu12 cation. 

13 (4) School closures will widen educational in14 equality and the learning gaps created by these clo15 sures will persist as students progress through high 

16 school, putting their future prospects at risk. 

17 (5) Data shows that closed classrooms were dis18 proportionately composed of disadvantaged students, 

19 as well as students with low mathematics scores, 

20 students with limited English proficiency, or stu21 dents who qualify for a free or reduced priced lunch. 

22 (6) School shutdowns contribute to dispropor23 tionate learning loss for disadvantaged students, 

24 compounding existing gaps. 


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1 SEC. 3. USE OF TITLE I FUNDS IF IN-PERSON INSTRUCTION 

2 IS NOT AVAILABLE. 

3 (a) TITLE I FUNDS TO FOLLOW ELIGIBLE CHIL4 DREN.—Notwithstanding any other provision of law, a 

5 State educational agency shall not receive grant funds pro6 vided under title I of the Elementary and Secondary Edu7 cation Act of 1965 (20 U.S.C. 6311 et seq.), unless the 

8 State has provided for the allocation of those funds di9 rectly to the parent or guardian of an eligible child for 

10 qualified educational expenses (including curriculum and 

11 curricular materials, books or instructional materials, 

12 technological educational materials, online educational 

13 materials, tutoring or educational classes outside the 

14 home, private school tuition, testing fees, diagnostic tools, 

15 and educational therapies for students with disabilities) 

16 for the purposes of ensuring that funding under such title 

17 follows eligible children. 

18 (b) ELIGIBLE CHILD.—In this section the term ‘‘eli19 gible child’’ means a child who attends a public elementary 

20 school or secondary school that— 

21 (1) receives funds provided under title I of the 

22 Elementary and Secondary Education Act of 1965 

23 (20 U.S.C. 6311 et seq.); and 

24 (2) fails, for reasons related to a collective bar25 gaining action or public health emergency, to make 


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1 available in-person instruction for all students who 

2 wish to attend. 

Æ 


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