,,ii #aaeth ,,congress #b;d ,session ,s4 #beag ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #g1 #bjah,mr4 ,sasse 7for himself1 ,mr4 ,scott1 and ,mr4 ,lee7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to amend the ,elementary and ,secondary ,education ,act of #aife to allow parents of eligible military dependent children to establish ,military ,education ,savings ,accounts1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,military ,education ,savings ,account ,act of #bjah4 #b4 ,military education savings accounts ,title ,,vii of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ggja et seq47 is amended by inserting after section #gjab the following3 #gjab;,a4 ,military education savings accounts 7a7 ,in general ,the ,secretary of ,education1 in consultation with the ,secretary of ,defense1 shall carry out a program under which the ,secretary of ,education shall-- 7#a7 subject to the availability of funds pursuant to section #gjad7;f71 at the request of a parent of an eligible military dependent child1 establish an account on behalf of such child 7to be known as a ,military ,education ,savings ,account7 into which the ,secretary shall deposit funds in an amount determined under subsection 7d72 and 7#b7 establish a procedure under which the parent of the child may use funds in the account to pay for the educational expenses of the child in accordance with this section4 7b7 ,application 7#a7 ,in general ,to be eligible to participate in the program under this section for a school year1 a parent of an eligible military dependent child shall submit an application to the ,secretary in accordance with this subsection4 7#b7 ,application process ,in carrying out paragraph 7#a71 the ,secretary shall-- 7,a7 accept applications on a year-round basis and establish procedures for approving applications in an expeditious manner2 and 7,b7 create a standardized form that parents can use to apply for the program and ensure that such form is readily available in written and electronic formats1 including on a publicly accessible website4 7#c7 ,approval ,subject to the availability of funds to carry out this section1 the ,secretary shall approve the application of a parent to establish a ,military ,education ,savings ,account if-- 7,a7 the application is submitted in accordance with the application process established by the ,secretary pursuant to this subsection2 7,b7 the application demonstrates that the child on whose behalf the ,military ,education ,savings ,account is to be established is an eligible military dependent child2 and 7,c7 the parent who submits the application enters into a written agreement with the ,secretary pursuant to subsection 7c74 7#d7 ,renewals ,the ,secretary shall establish an expedited application process for the renewal of a previously established ,military ,education ,savings ,account4 7c7 ,written agreement ,as a condition of participating in the program under this section1 the parent of a child on whose behalf a ,military ,education ,savings ,account is established shall enter into a written agreement with the ,secretary under which the parent agrees-- 7#a7 to provide the child with instruction in1 at minimum1 the fields of reading1 language1 mathematics1 science1 and social studies2 7#b7 to not enroll the child in a public school on a full-time basis while participating in the program2 7#c7 to use funds in the ,military ,education ,savings ,account only for the purposes authorized under this section2 and 7#d7 to comply with all other requirements of this section4 7d7 ,amount of deposits 7#a7 ,first year of program ,the amount of funds deposited into each ,military ,education ,savings ,account for the first school year for which such accounts are established under this section shall be-- 7,a7 #d1ejj for an account established for an eligible military dependent child described in subsection 7t77#a77;,a72 and 7,b7 #b1ejj for an account established for an eligible military dependent child described in subsection 7t77#a77;,b74 7#b7 ,subsequent years ,the amount of funds deposited into each ,military ,education ,savings ,account for any school year after the year described in paragraph 7#a71 shall be the amount determined under this subsection for the previous school year increased by a percentage equal to the percentage increase in the ,chained ,consumer ,price ,index for ,all ,urban ,consumers 7as published by the ,bureau of ,labor ,statistics of the ,department of ,labor7 over the period of such previous school year4 7#c7 ,source of funds ,in accordance with section #gjad7;f71 funds deposited into a ,military ,education ,savings ,account under this subsection shall be drawn from amounts otherwise appropriated to carry out the impact aid program under section #gjjc and no new appropriation may be made for the purpose of carrying out this subsection4 7e7 ,use of funds ,funds deposited into a ,military ,education ,savings ,account for a school year may be used by the parent of an eligible military dependent child to make payments to a qualified educational service provider for-- 7#a7 costs of attendance at a private elementary school or secondary school recognized by the ,state1 which may include a private school that is a religious institution2 7#b7 private online learning programs2 7#c7 private tutoring2 7#d7 services provided by a public elementary school or secondary school attended by the child on a less than full-time basis1 including individual classes and extracurricular activities and programs2 7#e7 textbooks1 curriculum programs1 or other instructional materials1 including any supplemental materials required by a curriculum program1 private school1 private online learning program1 or a public school1 or any parent directed curriculum associated with kindergarten through grade #ab education2 7#f7 computer hardware or other technological devices that are used to help meet a student's educational needs1 except that such hardware or devices may not be purchased by a parent more than once in an #ah-month period2 7#g7 educational software and applications2 7#h7 uniforms purchased from or through a private school recognized by the ,state2 7#i7 fees for nationally standardized assessment examinations1 advanced placement examinations1 any exams related to admission to an institution of higher education1 or tuition or fees for preparatory courses for such examinations2 7#aj7 fees for summer education programs and specialized after-school education programs 7but not including after-school childcare72 7#aa7 educational services and therapies1 including occupational1 behavioral1 physical1 speech-language1 and audiology therapies2 7#ab7 fees for transportation paid to a fee-for-service transportation provider for the student to travel to and from the facilities of a qualified educational service provider2 7#ac7 costs of attendance at an institution of higher education2 7#ad7 costs associated with an apprenticeship or other vocational training program2 7#ae7 fees for ,state-recognized industry certification examinations1 and tuition or fees for preparatory courses for such examinations2 7#af7 contributions to a college savings account1 which may include contributions to a qualified tuition program 7as defined in section #ebi7;b77#a7 of the ,internal ,revenue ,code of #aihf1 without regard to subparagraph 7,b7 thereof7 or other prepaid tuition plan offered by a ,state2 or 7#ag7 any other educational expenses approved by the ,secretary4 7f7 ,transfer schedule ,the ,secretary shall make quarterly transfers of the amount calculated pursuant to subsection 7d7 for deposit into the account of each qualified student1 except that the ,secretary may make transfers according to another transfer schedule if the ,secretary determines that a transfer schedule other than quarterly transfers is necessary for the operation of the ,military ,education ,savings ,account4 ,parents shall be required to complete an expense report issued by the ,secretary electronically or in paper format prior to the next quarter's deposit4 7g7 ,rollover ,amounts remaining in the ,military ,education ,savings ,account of a student at the end of a school year shall remain available for use in accordance with subsection 7e7 until the date on which such account terminates under subsection 7h74 7h7 ,termination and return of funds 7#a7 ,termination ,the ,military ,education ,savings ,account of a student shall terminate on-- 7,a7 the date on which the student enrolls in a public elementary school or secondary school on a full-time basis2 7,b7 in the case of a student who is pursuing postsecondary education1 the earlier of-- 7i7 the date on which the student completes postsecondary education2 or 7ii7 the date on which the student attains the age of #bb years2 7,c7 in the case of a student who is an individual with a disability1 the date on which the student attains the age of #bf years2 or 7,d7 in the case of an individual not described in subparagraphs 7,b7 or 7,c71 the earlier of-- 7i7 the date on which the student attains the age of #bb years2 or 7ii7 the expiration of any #d-year period during which funds in the account are not used in accordance with this section4 7#b7 ,return of funds ,any funds remaining in a ,military ,education ,savings ,account before such account terminates under paragraph 7#a7 shall be-- 7,a7 returned to the ,secretary2 and 7,b7 used for the program under this section4 7i7 ,compulsory attendance requirements ,a ,state that receives funds under this title shall consider a child with a ,military ,education ,savings ,account for a school year as meeting the ,state's compulsory school attendance requirements for such school year4 7j7 ,special rule ,in the case of a child with a ,military ,education ,savings ,account who attends a public school on a less than full-time basis in a school year-- 7#a7 the child may not attend the public school free of charge2 and 7#b7 funds in the ,account1 in an amount determined pursuant to an agreement between the parent of the child and the local educational agency concerned1 shall be used to pay for the child's costs of attendance at such school4 7k7 ,tax treatment of accounts 7#a7 ,in general ,a ,military ,education ,savings ,account is exempt from taxation under subtitle ,a of the ,internal ,revenue ,code of #aihf4 7#b7 ,contributions and distributions ,for purposes of such subtitle-- 7,a7 any contribution to a military education savings account by the ,secretary under this section shall not be includible in the gross income of the individual for whose benefit such account is maintained or the parent of such individual2 and 7,b7 any distribution from a military education savings account which is permitted under this section shall not be includible in the gross income of the individual for whose benefit such account is maintained or the parent of such individual4 7l7 ,privacy ,section #ddd of the ,general ,education ,provisions ,act 7commonly known as the ,family ,educational ,rights and ,privacy ,act of #aigd7 7#bj ,u4,s4,c4 #abcb;g7 shall apply to a qualified educational service provider in the same manner that such section applies to an educational agency or institution 7as that term is defined in such section74 7m7 ,fraud prevention and reporting ,the ,secretary shall establish a website and a telephone hotline that enable individuals to anonymously report suspected fraud in the program under this section4 ,the ,secretary also shall conduct or contract for random1 quarterly1 or annual audits of accounts as needed to ensure compliance with this section4 7n7 ,contract authority ,the ,secretary of ,education may enter into one or more contracts for the purpose of carrying out the responsibilities of the ,secretary under this section4 7o7 ,surety bond 7#a7 ,in general ,the ,secretary shall require each qualified educational service provider that receives not less than #ajj1jjj in funds from ,military ,education ,savings ,accounts in a school year to post a surety bond1 in an amount determined by the ,secretary1 for such school year4 7#b7 ,retention ,the ,secretary shall prescribe the circumstances under which a surety bond under paragraph 7#a7 may be retained by the ,secretary4 7p7 ,refunds ,the ,secretary shall establish a process under which payments from a ,military ,education ,savings ,account to a qualified educational service provider may be refunded to the account in the event of fraud or nonperformance by the provider4 7q7 ,rules of construction 7#a7 ,nonagency ,a qualified educational service provider that receives a payment from a ,military ,education ,savings ,account pursuant to this section shall not be considered an agent of the ,state or the ,federal ,government solely because the provider received such payment4 7#b7 ,federal or ,state supervision ,nothing in this section shall be construed to allow any agency of a ,state or the ,federal ,government to exercise control or supervision over any qualified educational service provider4 7#c7 ,no imposition of additional requirements ,nothing in this section shall be construed to require a qualified educational service provider to alter its creed1 practices1 admissions policy1 or curriculum in order to be eligible to receive payments from a ,military ,education ,savings ,account4 7#d7 ,treatment of assistance ,for purposes of any ,federal law1 assistance provided under this section shall be considered assistance to the military dependent student or to the parents of a student on whose behalf a ,military ,education ,savings ,account is established and shall not be considered assistance to the qualified educational service provider that uses or receives funds from a ,military ,education ,savings ,account4 7r7 ,legal proceedings 7#a7 ,burden ,in any legal proceeding in which a qualified educational service provider challenges a requirement imposed by the ,department on the provider1 the ,department shall have the burden of establishing that the requirement is necessary and does not impose any undue burden on the provider4 7#b7 ,limitation on liability 7,a7 ,in general ,no liability shall arise on the part of an entity described in subparagraph 7,b7 solely because such entity awards1 uses1 or receives funds from a ,military ,education ,savings ,account4 7,b7 ,entity described ,the entities described in this subparagraph are the following3 7i7 ,the ,department4 7ii7 ,an entity that enters into a contract with the ,secretary pursuant to subsection 7n74 7#c7 ,intervention 7,a7 ,in general ,except as provided in subparagraph 7,b71 a parent of an eligible military dependant student or a parent of a student on whose behalf a ,military ,education ,savings ,account is established may intervene in any legal proceeding in which the constitutionality of the program under this section is challenged under a ,state constitution or the ,constitution of the ,united ,states4 7,b7 ,exception ,for purposes of judicial administration1 a court may-- 7i7 limit the number of parents allowed to intervene in a proceeding under subparagraph 7,a72 or 7ii7 require all parents who have intervened in a proceeding under subparagraph 7,a7 to file a joint brief1 except that no parent shall be required to join any brief filed on behalf of a ,state that is a defendant in the proceeding4 7s7 ,administrative expenses ,the ,secretary may use not more than #e percent of the funds made available to carry out this section for the direct costs of administering ,military ,education ,savings ,accounts4 7t7 ,definitions ,in this section3 7#a7 ,the term eligible military dependent child means a child who-- 7,a7 7i7 has a parent on active duty in the uniformed services 7as that term defined in section #aja of title #cg1 ,united ,states ,code1 except that such term does not include an officer in the ,national ,guard who has been activated72 and 7ii7 resides within the boundaries of a heavily impacted local educational agency2 or 7,b7 7i7 has a parent on active duty in the uniformed services 7as that term defined in section #aja of title #cg1 ,united ,states ,code1 except that such term does not include an officer in the ,national ,guard who has been activated72 and 7ii7 resides within the boundaries of a local educational agency eligible to receive a basic support payment under section #gjjc7;b77#a7 that is not a heavily impacted local educational agency4 7#b7 ,the term heavily impacted local educational agency means a local educational agency eligible to receive a payment under section #gjjc7;b77#b74 7#c7 ,the term institution of higher education has the meaning given the term in section #ajb of the ,higher ,education ,act of #aife4 7#d7 ,the term qualified educational service provider means an entity or person that provides educational services for which funds may be expended under subsection 7e71 including-- 7,a7 a private school2 7,b7 a private online learning program or course2 7,c7 an institution of higher education1 including a ,state institution of higher education1 a junior or community college1 or a postsecondary vocational institution2 7,d7 a public school2 7,e7 a private tutor or entity that operates a tutoring facility2 7,f7 a provider of educational materials or curricula2 7,g7 a provider of education-related therapies or services2 and 7,h7 any other provider of educational services approved by the ,secretary4 4 #c4 ,authorization of appropriations ,section #gjad of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ggad7 is amended by adding at the end the following3 7f7 ,military education savings accounts 7#a7 ,source of funds and prohibition on new appropriation ,subject to paragraph 7#b71 section #gjab;,a shall be carried out using funds otherwise appropriated to carry out section #gjjc and no new appropriation may be made to carry out such section #gjab;,a4 7#b7 ,prohibition on use of certain funds ,in making funds available to carry out section #gjab;,a under paragraph 7#a71 the ,secretary shall ensure that such funds are drawn only from amounts otherwise made available for the education of military dependent children under section #gjjc and not from other sources4 4