I 

117TH CONGRESS 

2D SESSION H. R. 6565 

To establish an alternative use of certain Federal education funds when 

in-person instruction is not available. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 2, 2022 

Mr. JACOBS of New York (for himself, Mr. LAMBORN, Mr. CARTER of Georgia, Mr. MOOLENAAR, Mr. TIMMONS, Mr. CURTIS, Mr. DUNCAN, Mr. 

OWENS, Mr. MOORE of Alabama, Mrs. MILLER of Illinois, Mr. JACKSON, 

Mr. WEBER of Texas, and Ms. VAN DUYNE) introduced the following bill; 

which was referred to the Committee on Education and Labor 

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 


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1 United States will experience the most negative and 

2 long-lasting effects of school closures. 

3 (2) Researchers predict that 1 year of school 

4 closures will cost ninth graders in the poorest com5 munities a 25-percent decrease in their post-edu6 cational earning potential, even if that year of clo7 sure is followed by 3 years of normal schooling. By 

8 contrast, the same researchers predict no substantial 

9 losses for students from the richest 20 percent of 

10 neighborhoods. 

11 (3) Long periods of school closures during the 

12 COVID–19 pandemic deprive low-income students 

13 and students of color the equalizing force of edu14 cation. 

15 (4) School closures will widen educational in16 equality and the learning gaps created by these clo17 sures will persist as students progress through high 

18 school, putting their future prospects at risk. 

19 (5) Data shows that closed classrooms were dis20 proportionately composed of disadvantaged students, 

21 as well as students with low mathematics scores, 

22 students with limited English proficiency, or stu23 dents who qualify for a free or reduced priced lunch. 


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1 (6) School shutdowns contribute to dispropor2 tionate learning loss for disadvantaged students, 

3 compounding existing gaps. 

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

5 IS NOT AVAILABLE. 

6 (a) TITLE I FUNDS TO FOLLOW ELIGIBLE CHIL7 DREN.—Notwithstanding any other provision of law, a 

8 State educational agency shall not receive grant funds pro9 vided under title I of the Elementary and Secondary Edu10 cation Act of 1965 (20 U.S.C. 6311 et seq.), unless the 

11 State has provided for the allocation of those funds di12 rectly to the parent or guardian of an eligible child for 

13 qualified educational expenses (including curriculum and 

14 curricular materials, books or instructional materials, 

15 technological educational materials, online educational 

16 materials, tutoring or educational classes outside the 

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

18 and educational therapies for students with disabilities) 

19 for the purposes of ensuring that funding under such title 

20 follows eligible children. 

21 (b) ELIGIBLE CHILD.—In this section the term ‘‘eli22 gible child’’ means a child who attends a public elementary 

23 school or secondary school that— 


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

2 Elementary and Secondary Education Act of 1965 

3 (20 U.S.C. 6311 et seq.); and 

4 (2) fails for more than 3 days during a school 

5 year, for reasons related to public health emergency 

6 or collective bargaining action, to make available in7 person instruction for all students who wish to at8 tend. 

Æ 


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