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H. R. 1097: To Direct the Secretary of Education to Establish a Grant Program to Make Grants to the Parents of Students (117th Congress)

Summary

House bill 1097, the CHOICE Act, introduced in the House of Representatives on February 18, 2021, by Bishop of North Carolina with Owens, Norman and others, and referred to the Committee on Education and Labor. Its printed purpose is to direct the Secretary of Education to establish a grant program for the parents of students served by local educational agencies that will not provide in-person instruction in a manner consistent with school year 2019–2020. Section 2 establishes the Opportunity Grant Program; an application must demonstrate household income and, for school year 2020–2021, that the local educational agency has not provided in-person instruction consistent with school year 2019–2020. Reduced price lunch rate income is defined as 185 percent of the applicable family size income levels.

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“H. R. 1097: To Direct the Secretary of Education to Establish a Grant Program to Make Grants to the Parents of Students (117th Congress).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117hr1097ih-bills-117hr1097ih/, SHA-256 96850e8065bc61d4480c2e99103a2ff465a3db5af7046ab59ee4521f93b25762.

Full text

                                                                                                                                                                          I




                                                                       117TH CONGRESS
                                                                          1ST SESSION
                                                                                                            H. R. 1097
                                                                       To direct the Secretary of Education to establish a grant program to make
                                                                           grants to the parents of students served by local educational agencies
                                                                           that will not provide in-person instruction in a manner consistent with
                                                                           school year 2019–2020, and for other purposes.




                                                                                     IN THE HOUSE OF REPRESENTATIVES
                                                                                                     FEBRUARY 18, 2021
                                                                       Mr. BISHOP of North Carolina (for himself, Mr. OWENS, Mr. NORMAN, Ms.
                                                                           HERRELL, Mr. HARRIS, Mr. STEUBE, and Mr. CAWTHORN) introduced
                                                                           the following bill; which was referred to the Committee on Education and
                                                                           Labor




                                                                                                                 A BILL
                                                                       To direct the Secretary of Education to establish a grant
                                                                          program to make grants to the parents of students
                                                                          served by local educational agencies that will not provide
                                                                          in-person instruction in a manner consistent with school
                                                                          year 2019–2020, and for other purposes.

                                                                         1              Be it enacted by the Senate and House of Representa-
                                                                         2 tives of the United States of America in Congress assembled,
                                                                         3     SECTION 1. SHORT TITLE.

                                                                         4              This Act may be cited as the ‘‘Creating Hope and




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                                                                         5 Opportunity through Increased Choice in Education Act’’
                                                                         6 or the ‘‘CHOICE Act’’.


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                                                                         1     SEC. 2. OPPORTUNITY GRANT PROGRAM.

                                                                         2              (a) IN GENERAL.—The Secretary shall establish a
                                                                         3 grant program (to be known as the ‘‘Opportunity Grant
                                                                         4 Program’’) to make grants to parents of eligible students
                                                                         5 for the purposes described in subsection (d).
                                                                         6              (b) APPLICATION.—
                                                                         7                        (1) IN GENERAL.—To be eligible to receive a
                                                                         8              grant under this section, a parent of an eligible stu-
                                                                         9              dent shall submit to the Secretary an application
                                                                       10               demonstrating—
                                                                       11                                  (A) the household income of such eligible
                                                                       12                         student; and
                                                                       13                                  (B) with respect to school year 2020–2021,
                                                                       14                         that the local educational agency serving such
                                                                       15                         eligible student has not provided in-person in-
                                                                       16                         struction in a manner consistent with school
                                                                       17                         year 2019–2020.
                                                                       18                         (2) OTHER                REQUIREMENTS.—The                              Secretary
                                                                       19               shall accept applications under paragraph (1) on an
                                                                       20               annual rolling basis and make such application avail-
                                                                       21               able as a standardized form in electronic and written
                                                                       22               format.
                                                                       23               (c) AMOUNT OF GRANTS.—Subject to the availability
                                                                       24 of appropriations, each parent of an eligible student who




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                                                                       25 the Secretary determines qualifies for a grant under this


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                                                                         1 section shall receive a grant under this section in an
                                                                         2 amount that—
                                                                         3                        (1) in the case of an eligible student with a
                                                                         4              household income less than or equal to 100 percent
                                                                         5              of the reduced price lunch rate income, is equal to
                                                                         6              100 percent of the per-pupil funding with respect to
                                                                         7              the local educational agency serving such eligible
                                                                         8              student, as determined by the Secretary;
                                                                         9                        (2) in the case of an eligible student with a
                                                                       10               household income greater than 100 percent but less
                                                                       11               than or equal to 150 percent of the reduced price
                                                                       12               lunch rate income, is equal to 90 percent of the per-
                                                                       13               pupil funding with respect to the local educational
                                                                       14               agency serving such eligible student, as determined
                                                                       15               by the Secretary;
                                                                       16                         (3) in the case of an eligible student with a
                                                                       17               household income greater than 150 percent but less
                                                                       18               than or equal to 200 percent of the reduced price
                                                                       19               lunch rate income, is equal to 80 percent of the per-
                                                                       20               pupil funding with respect to the local educational
                                                                       21               agency serving such eligible student, as determined
                                                                       22               by the Secretary; and
                                                                       23                         (4) in the case of an eligible student with a




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                                                                       24               household income greater than 200 percent but less
                                                                       25               than or equal to 250 percent of the reduced price


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                                                                         1              lunch rate income, is equal to 70 percent of the per-
                                                                         2              pupil funding with respect to the local educational
                                                                         3              agency serving such eligible student, as determined
                                                                         4              by the Secretary.
                                                                         5              (d) USE OF FUNDS.—Any amounts made available
                                                                         6 to a parent under this section may be used—
                                                                         7                        (1) with respect to an eligible student, to pay
                                                                         8              the tuition and fees for a private elementary school
                                                                         9              or a private secondary school;
                                                                       10                         (2) for private tutoring (including through a
                                                                       11               learning pod or microschool);
                                                                       12                         (3) for the home school expenses of such eligi-
                                                                       13               ble student;
                                                                       14                         (4) to purchase educational materials, including
                                                                       15               instruction materials and textbooks for such eligible
                                                                       16               student;
                                                                       17                         (5) for purchasing electronic devices to facili-
                                                                       18               tate the education of such eligible student; or
                                                                       19                         (6) for such other purposes as the Secretary de-
                                                                       20               termines appropriate.
                                                                       21               (e) RULES OF CONSTRUCTION.—Nothing in this sec-
                                                                       22 tion shall be construed—
                                                                       23                         (1) to impact any aspect of private, religious, or




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                                                                       24               home education providers;




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                                                                         1                        (2) to exclude private, religious, or home edu-
                                                                         2              cation providers from receiving funds pursuant to a
                                                                         3              grant under this section; or
                                                                         4                        (3) to require a qualified educational service
                                                                         5              provider to alter any creed, practice, admissions pol-
                                                                         6              icy, or curriculum in order to receive funds pursuant
                                                                         7              to a grant under this section.
                                                                         8              (f) FUNDING.—From any amounts appropriated for
                                                                         9 section 18003 of division B of the CARES Act on or after
                                                                       10 the date of enactment of this Act, the Secretary shall, not-
                                                                       11 withstanding any other provision of title XVIII of division
                                                                       12 B of the CARES Act (Public Law 116–136), use 10 per-
                                                                       13 cent of such amounts to carry out this section and award
                                                                       14 opportunity grants to parents with approved applications
                                                                       15 in accordance with this section.
                                                                       16               (g) DEFINITIONS.—In this section:
                                                                       17                         (1) ELIGIBLE STUDENT.—The term ‘‘eligible
                                                                       18               student’’ means a student—
                                                                       19                                  (A) served by a local educational agency
                                                                       20                         that, with respect to school year 2020–2021,
                                                                       21                         will not provide in-person instruction in a man-
                                                                       22                         ner consistent with school year 2019–2020; and
                                                                       23                                  (B) from a household with a household in-




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                                                                       24                         come that is less than 200 percent of the re-
                                                                       25                         duced price lunch rate income.


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                                                                         1                        (2) ESEA               TERMS.—The                   terms ‘‘local edu-
                                                                         2              cational agency’’, ‘‘parent’’, and ‘‘Secretary’’ have
                                                                         3              the meanings given such terms in section 8101 of
                                                                         4              the Elementary and Secondary Education Act of
                                                                         5              1965 (20 U.S.C. 7801).
                                                                         6                        (3) HOUSEHOLD INCOME.—The term ‘‘house-
                                                                         7              hold income’’ has the meaning given such term in
                                                                         8              section 36B(d)(2) of the Internal Revenue Code of
                                                                         9              1986 (26 U.S.C. 36B(d)(2)).
                                                                       10                         (4) REDUCED PRICE LUNCH RATE INCOME.—
                                                                       11               The term ‘‘reduced price lunch rate income’’ means
                                                                       12               185 percent of the applicable family size income lev-
                                                                       13               els contained in the nonfarm income poverty guide-
                                                                       14               lines prescribed by the Office of Management and
                                                                       15               Budget, as adjusted annually in accordance with
                                                                       16               subparagraph (B) of section 9(b)(1) of the Richard
                                                                       17               B. Russell National School Lunch Act (42 U.S.C.
                                                                       18               1758(b)(1)).
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