TEMPORARY EMERGENCY IMPACT AID FOR DISPLACED STUDENTS.

SEC. 107. TEMPORARY EMERGENCY IMPACT AID FOR DISPLACED STUDENTS. (a) Temporary Emergency Impact Aid Authorized.—(1) Aid to state educational agencies.—From amounts appropriated to carry out this subtitle, the Secretary of Education shall provide emergency impact aid to State educational agencies to enable the State educational agencies to make emergency impact aid payments to eligible local educational agencies and eligible BIA-funded schools to enable—(A) such eligible local educational agencies and schools to provide for the instruction of students served by such agencies and schools; and (B) such eligible local educational agencies to make immediate impact aid payments to accounts established on behalf of displaced students (referred to in this section as “accounts”) who are attending eligible non-public schools located in the areas served by the eligible local educational agencies. (2) Aid to local educational agencies and bia-funded schools.—A State educational agency shall make emergency impact aid payments to eligible local educational agencies and eligible BIA-funded schools in accordance with subsection (d). (3) State educational agencies in certain states.—In the case of the States of Louisiana and Mississippi, the State educational agency shall carry out the activities of eligible local educational agencies that are unable to carry out this section, including eligible local educational agencies in such States for which the State exercises the authorities normally exercised by such local educational agencies.(4) Notice of funds availability.—Not later than 14 calendar days after the date of enactment of this Act, the Secretary of Education shall publish in the Federal Register a notice of the availability of funds under this section. (b) Definitions.—In this section: (1) Displaced student.—The term “displaced student” means a student who enrolled in an elementary school or secondary school (other than the school that the student was enrolled in, or was eligible to be enrolled in, on August 22, 2005) because such student resides or resided on August 22, 2005, in an area for which a major disaster has been declared in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), related to Hurricane Katrina or Hurricane Rita. (2) Eligible local educational agencies.—The term “eligible local educational agency” means a local educational agency that serves—(A) an elementary school or secondary school (including a charter school) in which there is enrolled a displaced student; or (B) an area in which there is located an eligible non-public school. (3) Eligible non-public school.—The term “eligible non-public school” means a non-public elementary school or secondary school that—(A) is accredited or licensed or otherwise operates in accordance with State law; (B) was in existence on August 22, 2005; and 119 STAT. 2799(C) serves a displaced student on behalf of whom an application for an account has been made pursuant to subsection (c)(2)(A)(ii). (4) Eligible bia-funded school.—In this section, the term “eligible BIA-funded school” means a school funded by the Bureau of Indian Affairs in which there is enrolled a displaced student. (c) Application.—(1) State educational agency.—A State educational agency that desires to receive emergency impact aid under this section shall submit an application to the Secretary of Education, not later than 7 calendar days after the date by which an application under paragraph (2) must be submitted, in such manner, and accompanied by such information as the Secretary of Education may reasonably require, including—(A) information on the total displaced student child count of the State provided by eligible local educational agencies in the State and eligible BIA-funded schools in the State under paragraph (2); (B) a description of the process for the parent or guardian of a displaced student enrolled in a non-public school to indicate to the eligible local educational agency serving the area in which such school is located that the student is enrolled in such school; (C) a description of the procedure to be used by an eligible local educational agency in such State to provide payments to accounts; (D) a description of the process to be used by an eligible local educational agency in such State to obtain—(i) attestations of attendance of eligible displaced students from eligible non-public schools, in order for the local educational agency to provide payments to accounts on behalf of eligible displaced students; and (ii) attestations from eligible non-public schools that accounts are used only for the purposes described in subsection (e)(1); (E) the criteria, including family income, used to determine the eligibility for and the amount of assistance under this section provided on behalf of a displaced student attending an eligible non-public school; and(F) the student count for displaced students attending eligible non-public schools. (2) Local educational agencies and bia-funded schools.—An eligible local educational agency or eligible BIA-funded school that desires an emergency impact aid payment under this section shall submit an application to the State educational agency, not later than 14 calendar days after the date of the publication of the notice described in subsection (a)(4), in such manner, and accompanied by such information as the State educational agency may reasonably require, including documentation submitted quarterly for the 2005–2006 school year that indicates the following: (A) In the case of an eligible local educational agency—(i) the number of displaced students enrolled in the elementary schools and secondary schools (including charter schools and including the number 119 STAT. 2800 of displaced students who are children with disabilities) served by such agency for such quarter; (ii) the number of displaced students for whom the eligible local educational agency expects to provide payments to accounts under subsection (d)(3) (including the number of displaced students who are children with disabilities) for such quarter who meet the following criteria—(I) the displaced student enrolled in an eligible non-public school prior to the date of enactment of this Act; (II) the parent or guardian of the displaced student chose to enroll the student in the eligible non-public school in which the student is enrolled; and(III) the parent or guardian of the displaced student submitted, in a timely manner that allows the local educational agency to meet the documentation requirements under this paragraph, an application requesting that the agency make a payment to an account on behalf of the student; and(iii) an assurance that the local educational agency will make payments to accounts within 14 calendar days of receipt of funds provided under this section.(B) In the case of an eligible BIA-funded school, the number of displaced students, including the number of displaced students who are children with disabilities, enrolled in such school for such quarter. (3) Determination of number of displaced students.—In determining the number of displaced students for a quarter under paragraph (2), an eligible local educational agency or eligible BIA-funded school shall include the number of displaced students served—(A) in the case of a determination for the first quarterly installment, during the quarter prior to the date of enactment of this Act; and(B) in the case of a determination for each subsequent quarterly installment, during the quarter immediately preceding the quarter for which the installment is provided.(d) Amount of Emergency Impact Aid.—(1) Aid to state educational agencies.—(A) In general.—The amount of emergency impact aid received by a State educational agency for the 2005–2006 school year shall equal the sum of—(i) the product of the number of displaced students (who are not children with disabilities), as determined by the eligible local educational agencies and eligible BIA-funded schools in the State under subsection (c)(2), times $6,000; and (ii) the product of the number of displaced students who are children with disabilities, as determined by the eligible local educational agencies and eligible BIA-funded schools in the State under subsection (c)(2), times $7,500. (B) Insufficient funds.—If the amount available under this section to provide emergency impact aid under this subsection is insufficient to pay the full amount that 119 STAT. 2801 a State educational agency is eligible to receive under this section, the Secretary of Education shall ratably reduce the amount of such emergency impact aid. (C) Retention of state share.—In the case of a State educational agency that has made a payment prior to the date of enactment of this Act to a local educational agency for the purpose of covering additional costs incurred as a result of enrolling a displaced student in a school served by the local educational agency, the State educational agency may retain a portion of the payment described in paragraph (2)(A)(ii) that bears the same relation to the total amount of the payment under such paragraph as the sum of such prior payments bears to the total cost of attendance for all students in that local educational agency for whom the State educational agency made such prior payments, except that a local educational agency shall not adjust the level of funding provided to accounts under this section based on the State’s retention of such amount.(2) Aid to eligible local educational agencies and eligible bia-funded schools.—(A) Quarterly installments.—(i) In general.—A State educational agency shall provide emergency impact aid payments under this section on a quarterly basis for the 2005–2006 school year by such dates as determined by the Secretary of Education. Such quarterly installment payments shall be based on the number of displaced students reported under subsection (c)(2) and in the amount determined under clause (ii). (ii) Payment amount.—Each quarterly installment payment under clause (i) shall equal 25 percent of the sum of—(I) the number of displaced students (who are not children with disabilities) reported by the eligible local educational agency or eligible BIA-funded school for such quarter (as determined under subsection (c)(2)) times $6,000; and (II) the number of displaced students who are children with disabilities reported by the eligible local educational agency or eligible BIA-funded school for such quarter (as determined under subsection (c)(2)) times $7,500. (iii) Timeline.—The Secretary of Education shall establish a timeline for quarterly reporting on the number of displaced students in order to make the appropriate disbursements in a timely manner. (iv) Insufficient funds.—If, for any quarter, the amount available under this section to make payments under this subsection is insufficient to pay the full amount that an eligible local educational agency or eligible BIA-funded school is eligible to receive under this section, the State educational agency shall ratably reduce the amount of such payments. (B) Maximum payment to account.—In providing quarterly payments to an account for the 2005–2006 school year on behalf of a displaced student for each quarter 119 STAT. 2802 that such student is enrolled in a non-public school in the area served by the agency under paragraph (3), an eligible local educational agency may provide not more than 4 quarterly payments to such account (each of which shall be paid not later than 14 calendar days after the date of receipt of each quarterly installment payment received under subparagraph (A)), and the aggregate amount of such payments shall not exceed the lesser of—(i)(I) in the case of a displaced student who is not a child with a disability, $6,000; or (II) in the case of a displaced student who is a child with a disability, $7,500; or (ii) the cost of tuition and fees (and transportation expenses, if any) at the non-public school for the 2005–2006 school year. (C) Limitation.—A non-public school accessing funds on behalf of a displaced student under this section must waive tuition, or reimburse tuition paid, in an amount equal to the amount accessed.(3) Displaced students.—Subject to the succeeding sentence, an eligible local educational agency or eligible BIA-funded school receiving emergency impact aid payments under this section shall use the payments to provide services and assistance to elementary schools and secondary schools (including charter schools) served by such agency, or to such BIA-funded school, that enrolled a displaced student. An eligible local educational agency that receives emergency impact aid payments under this section and that serves an area in which there is located an eligible non-public school shall, at the request of the parent or guardian of a displaced student who meets the criteria described in subsection (c)(2)(A)(ii) and who enrolled in a non-public school in an area served by the agency, use such emergency impact aid payment to provide payment on a quarterly basis (but not to exceed the total amount specified in subsection (d)(2)(B) for the 2005–2006 school year) to an account on behalf of such displaced student.(e) Use of Funds.—(1) Authorized uses.—The authorized uses of funds are the following:(A) Paying the compensation of personnel, including teacher aides, in schools enrolling displaced students. (B) Identifying and acquiring curricular material, including the costs of providing additional classroom supplies, and mobile educational units and leasing sites or spaces.(C) Basic instructional services for such students, including tutoring, mentoring, or academic counseling. (D) Reasonable transportation costs. (E) Health and counseling services. (F) Education and support services.(2) Verification of enrollment for non-public schools.—Before providing a quarterly payment to an account, the eligible local educational agency shall verify with the parent or guardian of a displaced student that such displaced student is, or was, enrolled in the non-public school for such quarter. (3) Prohibition.—Funds received under this section shall not be used for construction or major renovation of schools.119 STAT. 2803(4) Provision of special education and related services.—(A) In general.—In the case of a displaced student who is a child with a disability, any payment made on behalf of such student to an eligible local educational agency or any payment available in an account for such student, shall be used to pay for special education and related services consistent with the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.). (B) Special rule.—(i) Retention.—Notwithstanding any other provision of this section, if an eligible local educational agency provides services to a displaced student attending an eligible non-public school under section 612(a)(10) of the Individuals with Disabilities Education Act (20 U.S.C. 1412(a)(10)), the eligible local educational agency may retain a portion of the assistance received under this section on behalf of such student to pay for such services. (ii) Determination of portion.—(I) Guidelines.—Each State shall issue guidelines, not later than 14 calendar days after the date of the publication of the notice described in subsection (a)(4), that specify the portion of the assistance that an eligible local educational agency in the State may retain under this subparagraph. Each State shall apply such guidelines in a consistent manner throughout the State. (II) Determination of portion.—The portion specified in the guidelines shall be based on customary costs of providing services under such section 612(a)(10) for the local educational agency. (C) Definitions.—In this paragraph: (i) Special education; related services.—The terms “special education” and “related services” have the meaning given such terms in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401). (ii) Individualized education program.—The term “individualized education program” has the meaning given the term in section 614(d)(2) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)(2)). (f) Return of Aid.—(1) Eligible local educational agency or eligible bia-funded school.—An eligible local educational agency or eligible BIA-funded school that receives an emergency impact aid payment under this section shall return to the State educational agency any payment provided to the eligible local educational agency or school under this section that the eligible local educational agency or school has not obligated by the end of the 2005–2006 school year in accordance with this section. (2) State educational agency.—A State educational agency that receives emergency impact aid under this section, shall return to the Secretary of Education—119 STAT. 2804(A) any aid provided to the agency under this section that the agency has not obligated by the end of the 2005–2006 school year in accordance with this section; and (B) any payment funds returned to the State educational agency under paragraph (1). (g) Limitation on Use of Aid and Payments.—Aid and payments provided under this section shall only be used for expenses incurred during the 2005–2006 school year. (h) Administrative Expenses.—A State educational agency that receives emergency impact aid under this section may use not more than 1 percent of such aid for administrative expenses. An eligible local educational agency or eligible BIA-funded school that receives emergency impact aid payments under this section may use not more than 2 percent of such payments for administrative expenses. (i) Special Funding Rule.—In calculating funding under section 8003 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703) for an eligible local educational agency that receives an emergency impact aid payment under this section, the Secretary of Education shall not count displaced students served by such agency for whom an emergency impact aid payment is received under this section, nor shall such students be counted for the purpose of calculating the total number of children in average daily attendance at the schools served by such agency as provided in section 8003(b)(3)(B)(i) of such Act (20 U.S.C. 7703(b)(3)(B)(i)). (j) Notice.—Each State receiving emergency impact aid under this section shall provide, to the parent or guardian of each displaced student for whom a payment is made under this section to an account who resides in such State, notification that—(1) such parent or guardian has the option of enrolling such student in a public school or a non-public school; and(2) the temporary emergency impact aid for displaced students provided under this section is temporary and is only available for the 2005–2006 school year.(k) Bypass.—For a State in which State law prohibits the State from using Federal funds to directly provide services on behalf of students attending non-public schools and provides that another entity shall provide such services, the Secretary of Education shall make such arrangements with that entity.(l) Redirection of funds.—(1) In general.—If a State educational agency or eligible local educational agency is unable to carry out this section, the Secretary of Education shall make such arrangements with the State as the Secretary determines appropriate to carry out this section on behalf of displaced students attending an eligible non-public school in the area served by such agency. (2) Special rule.—If an eligible local educational agency does not make a payment to an account within 14 calendar days of receipt of funds provided under this section, then—(A) the eligible local educational agency shall return the funds received that quarter for such account to the State educational agency; and(B) the State educational agency shall ensure that the proper payment to such account for such quarter is made not later than 14 calendar days after the date of the receipt of funds under subparagraph (A), before any 119 STAT. 2805 further funds for such account are distributed to the eligible local educational agency.(m) Nondiscrimination.—(1) Prohibition.—(A) In general.—A school that enrolls a displaced student under this section shall not discriminate against students on the basis of race, color, national origin, religion, disability, or sex. (B) Applicability.—The prohibition of religious discrimination in subparagraph (A) shall not apply with regard to enrollment for a non-public school that is controlled by a religious organization or organized and operated on the basis of religious tenets, except that the prohibition of religious discrimination shall apply with respect to the enrollment of displaced students assisted under this section. (2) Single sex schools, classes, or activities.—(A) In general.—To the extent consistent with title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), the prohibition of sex discrimination in paragraph (1)(A) shall not apply to a non-public school that is controlled by a religious organization or organized and operated on the basis of religious tenets if the application of paragraph (1)(A) would not be consistent with the religious tenets of such organization. (B) Single sex schools, classes, or activities.—Notwithstanding paragraph (1)(A) and to the extent consistent with title IX of the Education Amendments of 1972, a parent or guardian may choose and a non-public school may offer a single sex school, class, or activity. (3) General provision.—Nothing in this subtitle may be construed to alter or modify the provisions of the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), and the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.). (4) Opt-out.—A parent or guardian of a displaced student on behalf of whom a payment to an account is made under this section shall have the option to have such parent or guardian’s displaced child opt out of religious worship or religious classes offered by the non-public school in which such student is enrolled and on behalf of whom a payment to an account is made under this section.(5) Rule of construction.—The amount of any payment (or other form of support provided on behalf of a displaced student) under this section shall not be treated as income of a parent or guardian of the student for purposes of Federal tax laws or for determining eligibility for any other Federal program. (m) Treatment of State Aid.—A State shall not take into consideration emergency impact aid payments received under this section by a local educational agency in the State in determining the eligibility of such local educational agency for State aid, or the amount of State aid, with respect to free public education of children.119 STAT. 2806