HR-8747-119
Ordered to be Reported (Amended) by the Yeas and Nays: 18 - 15.
Sponsored by Randy Fine (R-FL)
What it does
This bill would amend the Elementary and Secondary Education Act of 1965 (ESEA) to add artificial intelligence (AI) literacy as a permissible use of existing federal Student Support and Academic Enrichment (SSAE) grant funds. Specifically, it would allow both states and local school districts to spend those funds on AI instruction for students and on professional development for teachers, paraprofessionals, librarians, and administrators. The bill does not appropriate new money — it expands the list of activities that already-allocated ESEA funds may be used for.
Who benefits
K-12 students who would gain access to AI literacy instruction, particularly those in lower-income districts that rely heavily on federal ESEA funds. Teachers, paraprofessionals, school librarians, media personnel, and administrators who would be eligible for AI-focused professional development. Technology and AI curriculum vendors who would gain a new federally eligible market. School districts currently spending discretionary funds on AI programs who could shift those costs to federal grants. Students in rural or under-resourced schools that lack the local tax base to fund such programs independently.
Who is hurt
Other currently permissible uses of SSAE funds — such as well-being programs, arts education, or STEM initiatives — could face reduced funding if districts redirect dollars toward AI instruction. Districts with limited administrative capacity may face implementation burdens without additional support. Teachers who are skeptical of or unprepared for AI integration may face new professional development expectations. Curriculum providers in non-AI subject areas may face increased competition for the same pool of federal dollars.
Supporters argue
Supporters argue that AI is rapidly transforming the workforce and that students who lack foundational AI literacy will be at a competitive disadvantage. They contend that expanding permissible uses of existing ESEA funds is a low-cost, flexible mechanism that gives states and districts the freedom to respond to a genuine skills gap without mandating a one-size-fits-all curriculum. They point to projections that AI-related jobs will grow significantly in coming decades, and argue that equitable access to AI education — especially through federal funds that flow to high-need schools — is essential to closing opportunity gaps.
Opponents argue
Opponents argue that adding AI literacy to the list of permissible uses without new appropriations means districts will divert limited federal dollars away from proven programs in reading, mental health, or arts education. They contend that the bill lacks any quality standards, outcome metrics, or guardrails on what qualifies as "safe, effective, and responsible" AI instruction, potentially allowing funds to flow to low-quality or commercially motivated curricula. They further argue that curriculum decisions are traditionally a state and local function under the Tenth Amendment, and that federal signaling — even through permissive spending — can distort local priorities.
Constitutional context
Congress uses its Spending Clause authority (Art. I, §8, cl. 1) to attach conditions to federal education funds, a power affirmed in South Dakota v. Dole (1987). This bill does not impose new mandates — it permissively expands allowable uses — so it is unlikely to raise coercion concerns under Dole. The Tenth Amendment is tangentially relevant because education is traditionally a state function, but permissive spending expansions generally do not compel state action and thus present a lower constitutional risk.
Checks and balances
Congress expands the list of permissible spending uses; the Department of Education retains oversight authority over ESEA fund compliance; states and local districts retain discretion over whether and how to use funds for AI programs.
Historical precedent
The Every Student Succeeds Act (2015) similarly expanded ESEA's permissible use categories to include technology and blended learning programs, establishing a precedent for using SSAE funds to address emerging educational technology needs.