US Federal 2023-2024 Regular Session

US Federal Senate Bill SB105

Introduced
1/26/23  

Caption

Children Have Opportunities in Classrooms Everywhere Act

Impact

One of the significant impacts of SB105 would be on how education funds are allocated. By allowing funds to follow individual students, the bill has the potential to enhance educational quality and access, particularly for low-income households. This measure is designed to give parents greater choice in their children's education, empowering them to select schools that best meet their needs without being constrained by the limitations of local public school districts. As a result, public schools may feel competitive pressure to improve their offerings if they want to retain students and the associated funding.

Summary

SB105, also known as the Children Have Opportunities in Classrooms Everywhere Act, aims to reform the distribution of federal education funds by ensuring that funding follows students rather than being allocated strictly to public schools. This legislative proposal introduces a mechanism under which grant funds under the Elementary and Secondary Education Act would be directed to public schools that eligible children attend or used for educational expenses associated with their enrollment in private or home schools. The bill defines 'eligible children' as those from households with income not exceeding 130% of the poverty level, which grants them access to additional educational resources and opportunities.

Contention

Despite its potential benefits, SB105 has raised concerns among various stakeholders, particularly regarding its implications for public education. Critics argue that diverting funds to private and home schooling could undermine public school systems, particularly those that rely heavily on federal funding. There are fears that this could exacerbate inequalities in education, as families with more resources may have greater access to private school options, effectively creating a two-tier system. Additionally, the bill's reliance on 529 educational savings plans for funding raises questions about the accessibility of these accounts for lower-income families, potentially limiting the act's intended benefits.

Companion Bills

US HB463

Related Children Have Opportunities in Classrooms Everywhere Act This bill allows tax-exempt distributions from qualified tuition programs (known as 529 plans) to be used for additional educational expenses in connection with elementary or secondary school. The bill also allows certain federal funds for elementary and secondary education to follow a student from a low-income household to the public school that the student attends or for tax-exempt educational expenses. Under current law, tax-exempt distributions in connection with elementary or secondary school are limited to tuition for a public, private, or religious school. The bill allows these distributions to be used additionally for curriculum and curricular materials, books or other instructional materials, online educational materials, tutoring or educational classes outside the home, testing fees, fees for dual enrollment in an institution of higher education, and educational therapies for students with disabilities. Distributions may also be used for tuition and the purposes above in connection with a home school (whether treated as a home school or a private school under state law). In addition, the bill directs state educational agencies to allocate grant funds to ensure the funding follows students to their public school or for other tax-exempt educational expenses outlined by the bill. Each state that carries out these allocations must establish a plan that allows the parent of an eligible child to apply for grant funds.

Previously Filed As

US HB2275

SCHOOL Act of 2025 Support Children Having Open Opportunities for Learning Act of 2025

US HB3262

NURSE Act Nurses for Under-Resourced Schools Everywhere Act

US S1528

Educational Opportunities for Military Children

US HB5406

Opportunities to Support Mothers and Deliver Children Act

US SB1248

EASE Act Ensuring Access to Specialty Care Everywhere Act

US HB118

Revise the Montana interstate compact on educational opportunities for military children

US HB2533

EASE Act of 2025 Ensuring Access to Specialty care Everywhere Act of 2025

US HB4945

GO Ag Act Growing Opportunities in Agriculture Act

US HB6165

CREATIVE Act of 2025 Capital, Repairs, and Employment for Art Talent to Improve Visibility Everywhere Act of 2025

US HB8245

GRACIE Act of 2026 Generate Recordings of All Child protective Interviews Everywhere Act

Similar Bills

No similar bills found.