S. 4047

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4047 Introduced in Senate (IS)]

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119th CONGRESS
2d Session
S. 4047

To establish an alternative use of certain Federal education funds when 
in-person instruction is not available.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

March 11, 2026

Mr. Scott of South Carolina introduced the following bill; which was 
read twice and referred to the Committee on Health, Education, Labor, 
and Pensions

_______________________________________________________________________

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 Representatives 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 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.

SEC. 3. USE OF TITLE I FUNDS IF IN-PERSON INSTRUCTION IS NOT AVAILABLE.

Section 1112 of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 6312) is amended--
(1) in subsection (c)--
(A) in paragraph (6), by striking ``and'' after the 
semicolon;
(B) in paragraph (7), by striking the period at the 
end and inserting ``; and''; and
(C) by adding at the end the following:
``(8) comply with the in-person instruction requirements 
described in subsection (f).''; and
(2) by adding at the end the following:
``(f) In-Person Instruction Requirements.--
``(1) Definitions.--In this subsection:
``(A) Covered funding amount.--The term `covered 
funding amount' means the quotient of--
``(i) an amount equal to--
``(I) the funds provided under this 
part to a particular elementary school 
or secondary school; divided by
``(II) the number of students who 
attend that school; divided by
``(ii) the number of school days for which 
such funds have been provided.
``(B) Covered school.--The term `covered school' 
means a public elementary school or secondary school 
that receives funds provided under this part.
``(C) Qualified educational expenses.--The term 
`qualified educational expenses' means 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.
``(2) Distribution of covered funding.--Not later than the 
beginning of the first school year that begins after the date 
of enactment of the Kids in Classes Act, and notwithstanding 
any other provision of law, in order to be eligible to receive 
funds under this part, each local educational agency shall--
``(A) establish a failure to open direct payment 
plan in accordance with paragraph (3); and
``(B) agree to carry out such plan in the event 
that a covered school served by the local educational 
agency 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.
``(3) Failure to open direct payment plan.--
``(A) In general.--Each local educational agency 
shall establish a failure to open direct payment plan 
that establishes and explains how a parent of each 
child who attends a covered school served by the local 
educational agency will be directly paid, for use on 
qualified educational expenses, the amount described in 
subparagraph (B), if that covered school 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.
``(B) Amount of payment.--The amount of payment 
shall be an amount equal to--
``(i) the covered funding amount; 
multiplied by
``(ii) the number of days in which such 
school fails, for reasons related to public 
health emergency or collective bargaining 
action, to make available in-person instruction 
for all students who wish to attend.
``(C) Timing of payment.--To the greatest extent 
practicable, direct payments made to parents under this 
subsection shall be made to parents on each day that a 
covered school fails to open as described in 
subparagraph (A).
``(D) Receipts.--As part of the failure to open 
direct payment plan, each local educational agency 
shall require that parents receiving direct payments 
under this subsection--
``(i) submit receipts to the local 
educational agency to demonstrate that such 
direct payments have been spent on qualified 
educational expenses; or
``(ii) return any amounts of such direct 
payments that are not used for qualified 
educational expenses to the local educational 
agency not later than 30 days after the covered 
school has resumed in-person instruction.''.
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