I 117th CONGRESS 2d Session H. R. 6565 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. Short title This Act may be cited as the Kids in Classes Act . 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. 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.