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 Geor-
gia, 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. 
Be it enacted by the Senate and House of Representa-
tives 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 
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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 com-
munities a 25-percent decrease in their post-edu-
cational earning potential, even if that year of clo-
sure 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 edu-
cation. 
(4) School closures will widen educational in-
equality and the learning gaps created by these clo-
sures will persist as students progress through high 
school, putting their future prospects at risk. 
(5) Data shows that closed classrooms were dis-
proportionately composed of disadvantaged students, 
as well as students with low mathematics scores, 
students with limited English proficiency, or stu-
dents who qualify for a free or reduced priced lunch. 
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(6) School shutdowns contribute to dispropor-
tionate 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 CHIL-
DREN.—Notwithstanding any other provision of law, a 
State educational agency shall not receive grant funds pro-
vided under title I of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6311 et seq.), unless the 
State has provided for the allocation of those funds di-
rectly 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 ‘‘eli-
gible child’’ means a child who attends a public elementary 
school or secondary school that— 
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(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 at-
tend. 
Æ 
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