‘‘(1) FEDERALLY FUNDED SCHOOL FOOD PRO-
GRAMS.—Nothing in this section shall be construed 
to preclude a child eligible for assistance under the 
free and reduced price school lunch program estab-
lished 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.—Not-
withstanding any other provision of law and to the 
extent permitted under State law, a State edu-
cational agency shall allocate grant funds provided 
under this Act, for the purposes of ensuring that 
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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 al-
located under paragraph (1) may be used for, but 
not limited to— 
‘‘(A) curriculum and curricular materials; 
‘‘(B) books or other instructional mate-
rials; 
‘‘(C) technological educational materials; 
‘‘(D) online educational materials; 
‘‘(E) tutoring or educational classes out-
side the home; 
‘‘(F) private school tuition; 
‘‘(G) extracurricular activities; 
‘‘(H) testing fees; 
‘‘(I) diagnostic tools; and 
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‘‘(J) educational therapies for student with 
disabilities. 
‘‘(3) PLAN.— 
‘‘(A) IN GENERAL.—Each State that car-
ries 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. 
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‘‘(c) STUDENT ENROLLMENT IN PUBLIC SCHOOLS, 
PRIVATE SCHOOLS, AND HOME SCHOOLS.— 
‘‘(1) IDENTIFICATION
OF
ELIGIBLE
CHIL-
DREN.—On an annual basis, on a date to be deter-
mined by the State educational agency, each local 
educational agency that receives grant funding in ac-
cordance with subsection (a) shall inform the State 
educational agency of the number of eligible children 
enrolled in public schools served by the local edu-
cational agency and private schools and home 
schools located in the school district served by the 
local educational agency in order to provide alloca-
tions for each eligible child in equal amounts regard-
less 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 avail-
able for each eligible child in the State multi-
plied by the number of eligible children identi-
fied by the local educational agency under para-
graph (1) enrolled in public schools served by 
the local educational agency; and 
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‘‘(B) to an eligible child residing in the 
State who is enrolled in a private school or 
home school, through an education savings ac-
count, 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 chil-
dren enrolled in such schools; and 
‘‘(B) in a manner that would, in the ab-
sence of such Federal funds, supplement the 
funds made available from non-Federal re-
sources for the education of pupils participating 
in programs under this Act, and not to sup-
plant such funds. 
‘‘(4) DISTRIBUTION TO ELIGIBLE CHILDREN.— 
Each State that carries out allocations described in 
paragraph (1) shall distribute amounts to the eligi-
ble children residing in that State who enroll in a 
private school or home school— 
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‘‘(A) through an education savings ac-
count, as described in paragraph (2)(B); and 
‘‘(B) in a manner that would, in the ab-
sence of such Federal funds, supplement the 
funds made available from non-Federal re-
sources for the education of pupils participating 
in programs under this Act, and not to sup-
plant such funds. 
‘‘(d) RULE OF CONSTRUCTION.— 
‘‘(1) FEDERALLY FUNDED SCHOOL LUNCH PRO-
GRAMS.—Nothing in this section shall be construed 
to preclude a child eligible for assistance under the 
free and reduced price school lunch program estab-
lished 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.’’. 
Æ 
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