I
119THCONGRESS
1
STSESSION H. R. 2275
To allow Federal funds appropriated for kindergarten through grade 12
education to follow the student.
IN THE HOUSE OF REPRESENTATIVES
MARCH21, 2025
Mr. R
OYintroduced the following bill; which was referred to the Committee
on Education and Workforce
A BILL
To allow Federal funds appropriated for kindergarten
through grade 12 education to follow the student.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Support Children Hav-4
ing Open Opportunities for Learning Act of 2025’’ or the 5
‘‘SCHOOL Act of 2025’’. 6
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SEC. 2. FEDERAL FUNDING UNDER THE ELEMENTARY AND 1
SECONDARY EDUCATION ACT OF 1965 TO 2
FOLLOW THE STUDENT. 3
Title VIII of the Elementary and Secondary Edu-4
cation Act of 1965 (20 U.S.C. 7801 et seq.) is amended 5
by adding at the end the following: 6
‘‘PART H—FUNDS TO FOLLOW THE STUDENT 7
‘‘SEC. 8701. FUNDS TO FOLLOW THE STUDENT. 8
‘‘(a) I
NGENERAL.— 9
‘‘(1) F
UNDS TO FOLLOW THE STUDENT .—Not-10
withstanding any other provision of law and to the 11
extent permitted under State law, a State edu-12
cational agency shall allocate grant funds provided 13
under titles I, III, IV, V, and VI, for the purposes 14
of ensuring that funding under such titles follows 15
children, whether learning in person or remotely, to 16
the public school, private school, or home school they 17
attend— 18
‘‘(A) among the local educational agencies 19
in the State based on the number of eligible 20
children enrolled in the public schools operated 21
by each local educational agency; and 22
‘‘(B) directly to the eligible children, 23
through education savings accounts, residing in 24
the State who are enrolled in private schools or 25
home schools. 26
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‘‘(2) ALLOWABLE USES OF FUNDS .—Funds al-1
located under paragraph (1) may be used for, but 2
not limited to— 3
‘‘(A) curriculum and curricular materials; 4
‘‘(B) books or other instructional mate-5
rials; 6
‘‘(C) technological educational materials; 7
‘‘(D) online educational materials; 8
‘‘(E) tutoring or educational classes out-9
side the home; 10
‘‘(F) private school tuition; 11
‘‘(G) extracurricular activities; 12
‘‘(H) testing fees; 13
‘‘(I) diagnostic tools; and 14
‘‘(J) educational therapies for student with 15
disabilities. 16
‘‘(3) P
LAN.— 17
‘‘(A) I
N GENERAL.—Each State that car-18
ries out allocations described in paragraph (1) 19
shall establish a plan whereby the parent or 20
guardian of each eligible child in the State will 21
annually notify the relevant local educational 22
agency of the public school or private school 23
which the child will attend, or if the child will 24
instead attend home school. 25
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‘‘(B) DATA COLLECTION .—Information 1
collected under this section by the State shall 2
be used for the sole purposes of calculating the 3
allocation of funds and distribution of funds 4
under this section. 5
‘‘(b) D
EFINITIONS.—In this section: 6
‘‘(1) E
LIGIBLE CHILD.—The term ‘eligible 7
child’ means a child aged 5 to 17. 8
‘‘(2) H
OME SCHOOL.—The term ‘home school’ 9
means a home school as defined by the laws of the 10
State in which the eligible child resides. 11
‘‘(c) S
TUDENTENROLLMENT IN PUBLICSCHOOLS, 12
P
RIVATESCHOOLS, ANDHOMESCHOOLS.— 13
‘‘(1) I
DENTIFICATION OF ELIGIBLE CHIL -14
DREN.—On an annual basis, on a date to be deter-15
mined by the State educational agency, each local 16
educational agency that receives grant funding in ac-17
cordance with subsection (a) shall inform the State 18
educational agency of the number of eligible children 19
enrolled in public schools served by the local edu-20
cational agency and private schools and home 21
schools located in the school district served by the 22
local educational agency in order to provide alloca-23
tions for each eligible child in equal amounts regard-24
less of where the child attends school in the State. 25
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‘‘(2) ALLOCATION TO LOCAL EDUCATIONAL 1
AGENCIES AND ELIGIBLE CHILDREN .—Based on the 2
identification of eligible children in paragraph (1), 3
the State educational agency shall provide— 4
‘‘(A) to a local educational agency an 5
amount equal to the sum of the amount avail-6
able for each eligible child in the State multi-7
plied by the number of eligible children identi-8
fied by the local educational agency under para-9
graph (1) enrolled in public schools served by 10
the local educational agency; and 11
‘‘(B) to an eligible child residing in the 12
State who is enrolled in a private school or 13
home school, through an education savings ac-14
count, an amount equal to the sum of the 15
amount available for an eligible child in the 16
State. 17
‘‘(3) D
ISTRIBUTION TO PUBLIC SCHOOLS .— 18
Each local educational agency that receives funds 19
under paragraph (2)(A) shall distribute such funds 20
to the public schools served by the local educational 21
agency— 22
‘‘(A) based on the number of eligible chil-23
dren enrolled in such schools; and 24
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‘‘(B) in a manner that would, in the ab-1
sence of such Federal funds, supplement the 2
funds made available from non-Federal re-3
sources for the education of pupils participating 4
in programs under this Act, and not to sup-5
plant such funds (in accordance with the meth-6
od of determination described in section 1117). 7
‘‘(4) D
ISTRIBUTION TO ELIGIBLE CHILDREN .— 8
Each State that carries out allocations described in 9
paragraph (1) shall distribute amounts to the eligi-10
ble children residing in that State who enroll in a 11
private school or home school— 12
‘‘(A) through an education savings ac-13
count, as described in paragraph (2)(B); and 14
‘‘(B) in a manner that would, in the ab-15
sence of such Federal funds, supplement the 16
funds made available from non-Federal re-17
sources for the education of pupils participating 18
in programs under this Act, and not to sup-19
plant such funds (in accordance with the meth-20
od of determination described in section 1117). 21
‘‘(d) A
PPLICATION OFPARTICIPATION OFCHILDREN 22
E
NROLLED INPRIVATESCHOOLS.—The provisions of sec-23
tion 1116 shall apply to this section. 24
‘‘(e) R
ULE OFCONSTRUCTION.— 25
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‘‘(1) FEDERALLY FUNDED SCHOOL FOOD PRO -1
GRAMS.—Nothing in this section shall be construed 2
to preclude a child eligible for assistance under the 3
free and reduced price school lunch program estab-4
lished under the Richard B. Russell National School 5
Lunch Act (42 U.S.C. 1751 et seq.) from receiving 6
assistance under such program. 7
‘‘(2) P
ROHIBITION OF CONTROL OVER NON - 8
PUBLIC EDUCATION PROVIDERS .—Nothing in this 9
section shall permit, allow, encourage, or authorize 10
Federal or State control over non-public education 11
providers.’’. 12
SEC. 3. FEDERAL FUNDING UNDER THE INDIVIDUALS WITH 13
DISABILITIES EDUCATION ACT TO FOLLOW 14
THE STUDENT. 15
Part A of the Individuals with Disabilities Education 16
Act (20 U.S.C. 1401 et seq.) is amended by adding at 17
the end the following: 18
‘‘SEC. 611. FUNDS TO FOLLOW THE STUDENT. 19
‘‘(a) I
NGENERAL.— 20
‘‘(1) F
UNDS TO FOLLOW THE STUDENT .—Not-21
withstanding any other provision of law and to the 22
extent permitted under State law, a State edu-23
cational agency shall allocate grant funds provided 24
under this Act, for the purposes of ensuring that 25
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funding under this Act follows children, whether 1
learning in person or remotely, to the public school, 2
private school, or home school they attend— 3
‘‘(A) among the local educational agencies 4
in the State based on the number of eligible 5
children enrolled in the public schools operated 6
by each local educational agency; and 7
‘‘(B) directly to the eligible children, 8
through education savings accounts, residing in 9
that State who are enrolled in private schools or 10
home schools. 11
‘‘(2) A
LLOWABLE USES OF FUNDS .—Funds al-12
located under paragraph (1) may be used for, but 13
not limited to— 14
‘‘(A) curriculum and curricular materials; 15
‘‘(B) books or other instructional mate-16
rials; 17
‘‘(C) technological educational materials; 18
‘‘(D) online educational materials; 19
‘‘(E) tutoring or educational classes out-20
side the home; 21
‘‘(F) private school tuition; 22
‘‘(G) extracurricular activities; 23
‘‘(H) testing fees; 24
‘‘(I) diagnostic tools; and 25
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‘‘(J) educational therapies for student with 1
disabilities. 2
‘‘(3) P
LAN.— 3
‘‘(A) I
N GENERAL.—Each State that car-4
ries out allocations described in paragraph (1) 5
shall establish a plan whereby the parent or 6
guardian of each eligible child in the State will 7
annually notify the relevant local educational 8
agency of the public school or private school 9
which the child will attend, or if the child will 10
instead attend home school. 11
‘‘(B) D
ATA COLLECTION .—Information 12
collected under this section by the State shall 13
be used for the sole purposes of calculating the 14
allocation of funds and distribution of funds 15
under this section. 16
‘‘(b) D
EFINITIONS.—In this section: 17
‘‘(1) E
LIGIBLE CHILD.—The term ‘eligible 18
child’ means a child with a disability who is eligible 19
to receive special education and related services 20
under this Act. 21
‘‘(2) H
OME SCHOOL.—The term ‘home school’ 22
means a home school as defined by the laws of the 23
State in which the eligible child resides. 24
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‘‘(c) STUDENTENROLLMENT IN PUBLICSCHOOLS, 1
P
RIVATESCHOOLS, ANDHOMESCHOOLS.— 2
‘‘(1) I
DENTIFICATION OF ELIGIBLE CHIL -3
DREN.—On an annual basis, on a date to be deter-4
mined by the State educational agency, each local 5
educational agency that receives grant funding in ac-6
cordance with subsection (a) shall inform the State 7
educational agency of the number of eligible children 8
enrolled in public schools served by the local edu-9
cational agency and private schools and home 10
schools located in the school district served by the 11
local educational agency in order to provide alloca-12
tions for each eligible child in equal amounts regard-13
less of where the child attends school in the State. 14
‘‘(2) A
LLOCATION TO LOCAL EDUCATIONAL 15
AGENCIES AND ELIGIBLE CHILDREN .—Based on the 16
identification of eligible children in paragraph (1), 17
the State educational agency shall provide— 18
‘‘(A) to a local educational agency an 19
amount equal to the sum of the amount avail-20
able for each eligible child in the State multi-21
plied by the number of eligible children identi-22
fied by the local educational agency under para-23
graph (1) enrolled in public schools served by 24
the local educational agency; and 25
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‘‘(B) to an eligible child residing in the 1
State who is enrolled in a private school or 2
home school, through an education savings ac-3
count, an amount equal to the sum of the 4
amount available for an eligible child in the 5
State. 6
‘‘(3) D
ISTRIBUTION TO PUBLIC SCHOOLS .— 7
Each local educational agency that receives funds 8
under paragraph (2)(A) shall distribute such funds 9
to the public schools served by the local educational 10
agency— 11
‘‘(A) based on the number of eligible chil-12
dren enrolled in such schools; and 13
‘‘(B) in a manner that would, in the ab-14
sence of such Federal funds, supplement the 15
funds made available from non-Federal re-16
sources for the education of pupils participating 17
in programs under this Act, and not to sup-18
plant such funds. 19
‘‘(4) D
ISTRIBUTION TO ELIGIBLE CHILDREN .— 20
Each State that carries out allocations described in 21
paragraph (1) shall distribute amounts to the eligi-22
ble children residing in that State who enroll in a 23
private school or home school— 24
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‘‘(A) through an education savings ac-1
count, as described in paragraph (2)(B); and 2
‘‘(B) in a manner that would, in the ab-3
sence of such Federal funds, supplement the 4
funds made available from non-Federal re-5
sources for the education of pupils participating 6
in programs under this Act, and not to sup-7
plant such funds. 8
‘‘(d) R
ULE OFCONSTRUCTION.— 9
‘‘(1) F
EDERALLY FUNDED SCHOOL LUNCH PRO -10
GRAMS.—Nothing in this section shall be construed 11
to preclude a child eligible for assistance under the 12
free and reduced price school lunch program estab-13
lished under the Richard B. Russell National School 14
Lunch Act (42 U.S.C. 1751 et seq.) from receiving 15
assistance under such program. 16
‘‘(2) P
ROHIBITION OF CONTROL OVER NON - 17
PUBLIC EDUCATION PROVIDERS .—Nothing in this 18
section shall permit, allow, encourage, or authorize 19
Federal or State control over non-public education 20
providers.’’. 21
Æ
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