[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4048 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4048

    To authorize the Secretary of Education to make grants to local 
   educational agencies to restart school operations interrupted by 
      Hurricane Katrina or Hurricane Rita, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 7, 2005

Mr. George Miller of California (for himself, Ms. Woolsey, Mr. Kildee, 
  Mr. Payne, Mr. Scott of Virginia, Mr. Hinojosa, Mrs. McCarthy, Mr. 
 Holt, Mr. Davis of Illinois, Ms. McCollum of Minnesota, Mr. Grijalva, 
Mr. Van Hollen, Mr. Jefferson, Ms. Eddie Bernice Johnson of Texas, Mr. 
  Owens, and Mrs. Davis of California) introduced the following bill; 
   which was referred to the Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
    To authorize the Secretary of Education to make grants to local 
   educational agencies to restart school operations interrupted by 
      Hurricane Katrina or Hurricane Rita, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Gulf Coast Hurricanes Student and 
School Relief Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
Sec. 4. Supplement, not supplant.
Sec. 5. Reporting.
       TITLE I--IMMEDIATE AID TO RESTART PUBLIC SCHOOL OPERATIONS

Sec. 101. Immediate Aid to Restart Public School Operations.
     TITLE II--EDUCATION AND PUPIL SERVICES FOR RELOCATED STUDENTS

Sec. 201. Education and pupil services for elementary and secondary 
                            relocated students.
            TITLE III--RELOCATED CHILDREN WITH DISABILITIES

Sec. 301. Grants for LEA's serving relocated children with 
                            disabilities.
                  TITLE IV--COMMUNITY LEARNING CENTERS

Sec. 401. Grants for activities at community learning centers.
             TITLE V--IMPROVING EDUCATIONAL INFRASTRUCTURE

Sec. 501. Grants for construction, modernization, or repair of school 
                            facilities.
Sec. 502. Allowable uses of funds.
Sec. 503. Application for grant.
Sec. 504. Special rule.
Sec. 505. Fair wages.
Sec. 506. Authorization of appropriations.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) The term ``child'' means any person within the age 
        limits for which the State in which the person is located 
        provides free public education.
            (2) The term ``relocated student'' means a child who--
                    (A) is a homeless child or youth as those terms are 
                used in the McKinney-Vento Homeless Assistance Act (42 
                U.S.C. 11421 et seq.);
                    (B) but for Hurricane Katrina or Hurricane Rita, 
                would be enrolled in an elementary or secondary school 
                in an area for which, due to the hurricane, a major 
                disaster has been declared under the Robert T. Stafford 
                Disaster Relief and Emergency Assistance Act (42 U.S.C. 
                5121 et seq.); and
                    (C) because of Hurricane Katrina or Hurricane 
                Rita--
                            (i) is unable to access the education and 
                        related services that the child otherwise would 
                        be receiving at such school; and
                            (ii) is enrolled at a public elementary 
                        school or secondary school in a different 
                        geographical location in a State.
            (3) The term ``elementary school'' has the meaning given to 
        that term in section 9101 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7801) and includes a public 
        elementary charter school.
            (4) The term ``impacted local educational agency'' means a 
        local educational agency serving an area for which, due to 
        Hurricane Katrina or Hurricane Rita, a major disaster has been 
        declared under the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5121 et seq.).
            (5) The term ``local educational agency'' has the meaning 
        given to that term in section 9101 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7801).
            (6) The terms ``pupil services'' and ``pupil services 
        personnel'' have the meanings given to those terms in section 
        9101 of the Elementary and Secondary Education Act of 1965 (8 
        U.S.C. 7801).
            (7) The term ``receiving local educational agency'' means a 
        local educational agency enrolling relocated students.
            (8) The term ``secondary school'' has the meaning given to 
        that term in section 9101 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7801) and includes a public 
        secondary charter school.
            (9) The term ``Secretary'' means the Secretary of 
        Education.
            (10) The term ``State'' has the meaning given to that term 
        in section 9101 of the Elementary and Secondary Education Act 
        of 1965 (8 U.S.C. 7801).

SEC. 4. SUPPLEMENT, NOT SUPPLANT.

    Funds made available pursuant to this Act shall be used to 
supplement, not supplant, any funds made available through the Federal 
Emergency Management Agency.

SEC. 5. REPORTING.

    Not later than December 31, 2005, and each 6 months thereafter 
through December 31, 2007, the Secretary shall submit to the Committee 
on Education and the Workforce of the House of Representatives and the 
Committee on Health, Education, Labor, and Pensions of the Senate a 
report on grants made under this Act, including the uses to which such 
grants were put, the effectiveness of such grants in accomplishing the 
purposes for which they were made, and the number of students impacted, 
including the number of students counted under section 1124(c) of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)).

       TITLE I--IMMEDIATE AID TO RESTART PUBLIC SCHOOL OPERATIONS

SEC. 101. IMMEDIATE AID TO RESTART PUBLIC SCHOOL OPERATIONS.

    (a) Grants.--The Secretary of Education shall award grants to 
impacted local educational agencies for the purposes of--
            (1) providing immediate and direct assistance to impacted 
        local educational agencies;
            (2) assisting administrators and other personnel in such 
        agencies who are working to restart public elementary school 
        and secondary school operations; and
            (3) facilitating the reopening of public elementary schools 
        and secondary schools served by such agencies and the 
        reenrollment of students in such schools as soon as possible.
    (b) Amount.--The Secretary shall determine the amount of a local 
educational agency's grant under this section based upon the agency's 
need for funds to fulfill the purposes described in subsection (a).
    (c) Use of Funds.--Each local educational agency that receives a 
grant under this section shall use the grant to restart public 
elementary school and secondary school operations and resume the 
instruction that was halted as a result of Hurricane Katrina or 
Hurricane Rita, which uses may include--
            (1) recovery of student and personnel data and other 
        information;
            (2) replacement of school district information systems, 
        including longitudinal data systems, including hardware and 
        software;
            (3) financial operations;
            (4) damage assessments, decontamination, and refurbishment 
        in the agency's school and administration buildings;
            (5) rental of portable classroom units and facilities;
            (6) replacement of instructional materials and equipment;
            (7) redeveloping instructional plans;
            (8) student transportation services;
            (9) continued payment of salaries and benefits to teachers 
        and other staff; and
            (10) such other activities as may be necessary to fulfill 
        the purposes described in subsection (a), including activities 
        authorized by title I of the Elementary and Secondary Education 
        Act of 1965 and parts B and C of the Individuals with 
        Disabilities Act.
    (d) Application.--To seek a grant under this section, a local 
educational agency shall submit an application to the Secretary at such 
time, in such manner, and containing or accompanied by such information 
as the Secretary may reasonably require.
    (e) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated $4,000,000,000 for fiscal year 
2006 and such sums as are necessary for fiscal year 2007.

     TITLE II--EDUCATION AND PUPIL SERVICES FOR RELOCATED STUDENTS

SEC. 201. EDUCATION AND PUPIL SERVICES FOR ELEMENTARY AND SECONDARY 
              RELOCATED STUDENTS.

    (a) In General.--The Secretary shall award grants to receiving 
local educational agencies for the purpose of facilitating the 
enrollment, attendance, and success in public elementary schools and 
secondary schools of relocated students.
    (b) Maximum Grant Amount.--The maximum amount of a grant to a local 
educational agency under this section for any fiscal year shall be--
            (1) $8,314; multiplied by
            (2) the number of students who have relocated to the area 
        served by the local educational agency as a result of Hurricane 
        Katrina or Hurricane Rita.
    (c) Use of Funds.--A local educational agency receiving funds under 
this section shall use such funds for education and pupil services. 
Such services may include the following:
            (1) Outreach to families affected by a specified hurricane 
        disaster in order to facilitate such families in enrolling 
        relocated students in school.
            (2) Hiring and training additional teachers, 
        paraprofessionals, pupil services personnel, and school health 
        personnel required due to the enrollment of such students.
            (3) Procurement of additional equipment and classroom 
        supplies required due to the enrollment of such students.
            (4) Procurement of additional classroom space required due 
        to the enrollment of such students.
            (5) Transportation services provided to such students.
            (6) Counseling and other mental health services for such 
        students.
            (7) Activities authorized by title I of the Elementary and 
        Secondary Education Act of 1965.
    (d) Application.--To seek a grant under this section, a local 
educational agency shall submit an application to the Secretary at such 
time, in such manner, and containing or accompanied by such information 
as the Secretary may reasonably require.
    (e) School Lunches.--Notwithstanding any other provision of law, a 
student who has relocated as a result of Hurricane Katrina or Hurricane 
Rita is deemed eligible for free lunches under section 9 of the Richard 
B. Russell National School Lunch Act (42 U.S.C. 1758).
    (f) Reports.--Not later than 6 months after the date of the 
enactment of this Act, and every 6 months thereafter, the Secretary 
shall submit reports to the appropriate committees of the Congress 
concerning the implementation of this section.
    (g) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated $3,500,000,000 for fiscal year 
2006 and such sums as may be necessary for fiscal year 2007.

            TITLE III--RELOCATED CHILDREN WITH DISABILITIES

SEC. 301. GRANTS FOR LEA'S SERVING RELOCATED CHILDREN WITH 
              DISABILITIES.

    (a) Grants.--The Secretary shall make grants to receiving local 
educational agencies for the purpose of assisting public elementary 
schools and secondary schools in such agencies to provide special 
education and related services to students with disabilities who have 
relocated to the area served by the local educational agency as a 
result of Hurricane Katrina or Hurricane Rita in accordance with parts 
B and C of the Individuals with Disabilities Education Act (20 U.S.C. 
1400 et seq.).
    (b) Maximum Amount.--The maximum amount of a grant to a local 
educational agency under this section for any fiscal year shall be--
            (1) the amount that is 40 percent of the average per-pupil 
        expenditure in public elementary schools and secondary schools 
        in the United States; multiplied by
            (2) the number of students with disabilities described in 
        subsection (a) who--
                    (A) are receiving special education and related 
                services from the agency; and
                    (B) are--
                            (i) 3 through 5 years of age if the State 
                        in which the agency is located is eligible for 
                        a grant under section 619 of the Individuals 
                        with Disabilities Education Act (20 U.S.C. 
                        1419); or
                            (ii) 6 through 21 years of age.
    (c) Use of Funds.--A local educational agency receiving funds under 
this section may use such funds for any purpose authorized under part B 
or C of the Individuals with Disabilities Education Act (20 U.S.C. 1400 
et seq.).
    (d) Application.--To seek a grant under this section, a local 
educational agency shall submit an application to the Secretary at such 
time, in such manner, and containing or accompanied by such information 
as the Secretary may reasonably require.
    (e) Relation to IDEA.--Subject to any waivers granted by the 
Secretary, local educational agency receiving funds under this section 
shall be subject to the same provisions that would apply to the receipt 
of such funds under part B or C of the Individuals with Disabilities 
Education Act (20 U.S.C. 1400 et seq.), except that this section shall 
not be interpreted to grant the Secretary any new waiver authority.
    (f) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated $250,000,000 for fiscal year 
2006 and such sums as may be necessary for fiscal year 2007.

                  TITLE IV--COMMUNITY LEARNING CENTERS

SEC. 401. GRANTS FOR ACTIVITIES AT COMMUNITY LEARNING CENTERS.

    (a) Grants.--The Secretary shall make grants to eligible entities 
for the purpose of assisting such agencies to carry out activities 
authorized by part B of title IV of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7171 et seq.).
    (b) Eligible Entity.--In this section, the term ``eligible entity'' 
means an eligible entity (as that term is defined in section 4201 of 
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7171)) in 
a geographical area served by an impacted or receiving local 
educational agency.
    (c) Maximum Amount.--The maximum amount of a grant to an eligible 
entity under this section for any fiscal year shall be--
            (1) $1000; multiplied by
            (2) the number of additional students expected to be served 
        by the entity as a result of Hurricane Katrina or Hurricane 
        Rita.
    (d) Use of Funds.--An eligible entity receiving funds under this 
section may use such funds for any purpose authorized under part B of 
title IV of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 7171 et seq.).
    (e) Application.--To seek a grant under this section, an eligible 
entity shall submit an application at such time, in such manner, and 
containing such information as the Secretary may require.
    (f) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated $400,000,000 for fiscal year 
2006 and such sums as may be necessary for fiscal year 2007.

             TITLE V--IMPROVING EDUCATIONAL INFRASTRUCTURE

SEC. 501. GRANTS FOR CONSTRUCTION, MODERNIZATION, OR REPAIR OF SCHOOL 
              FACILITIES.

    The Secretary of Education shall make grants to impacted local 
educational agencies and receiving local educational agencies for the 
purpose of constructing, modernizing, or repairing public kindergarten, 
elementary, and secondary educational facilities, including the 
appropriate portion of shared-use facilities, that are safe, healthy, 
and technology-ready.

SEC. 502. ALLOWABLE USES OF FUNDS.

    A local educational agency receiving a grant under this title may 
use the grant for the following:
            (1) Construction of new public school facilities that 
        ensure the health and safety of students and staff, are energy-
        efficient, and include up-to-date educational technology 
        infrastructure, including where such construction is 
        economically or otherwise more feasible than large scale 
        modernization or repair of existing facilities.
            (2) Repair or modernization of public school facilities to 
        ensure the health and safety of students and staff, including--
                    (A) repairing, replacing, or installing roofs, 
                electrical wiring, plumbing systems, sewage systems, 
                windows, or doors;
                    (B) repairing, replacing, or installing heating, 
                ventilation, or air conditioning systems (including 
                insulation); and
                    (C) bringing public schools into compliance with 
                fire and safety codes.
            (3) Upgrading or installation of educational technology 
        infrastructure to ensure that students have access to up-to-
        date educational technology.
            (4) Upgrading school facilities to make them energy-
        efficient.
            (5) Modifications necessary to make public school 
        facilities accessible to comply with the Americans with 
        Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and section 
        504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), except 
        that such modifications shall not be the primary use of the 
        grant.
            (6) Asbestos abatement or removal from public school 
        facilities.
            (7) Implementation of measures designed to reduce or 
        eliminate human exposure to lead-based paint hazards though 
        methods including interim controls, abatement, or a combination 
        of each.

SEC. 503. APPLICATION FOR GRANT.

    (a) Applications Required.--A local educational agency desiring to 
receive a grant under this title shall submit an application to the 
Secretary as such time, in such manner, and containing such information 
as the Secretary may reasonably require.
    (b) Application Contents.--Each application described in subsection 
(a) shall contain--
            (1) an assurance that the application was developed in 
        consultation with parents and classroom teachers, to the extent 
        practicable;
            (2) a description of the overall condition of the local 
        educational agency's school facilities, including health and 
        safety problems;
            (3) a description of the capacity of the local educational 
        agency's schools to house current and projected enrollments;
            (4) a description of the improvements to be supported with 
        funds provided under this title;
            (5) a cost estimate of the proposed improvements;
            (6) an identification of other resources that are available 
        to carry out the activities for which funds are requested under 
        this title;
            (7) in the case of a local educational agency that proposes 
        to fund a construction, renovation, or repair project for one 
        or more public charter schools, the extent to which the schools 
        have access to funding for the project through the financing 
        methods available to other public schools or local educational 
        agencies in the State; and
            (8) such other information and assurances as the Secretary 
        may reasonably require.

SEC. 504. SPECIAL RULE.

    Each local educational agency receiving a grant under this title 
shall ensure that, if the agency carries out construction, 
modernization, or repair through a contract, the process for any such 
contract ensures the maximum number of qualified bidders, including 
small, minority, and women-owned businesses, through full and open 
competition.

SEC. 505. FAIR WAGES.

    All laborers and mechanics employed by contractors or 
subcontractors in the performance of any contract or subcontract for 
the repair, modernization, alteration, or construction, including 
painting and decorating, of any building or work that is financed in 
whole or in part by a grant under this title shall be paid wages not 
less than those determined by the Secretary of Labor in accordance with 
sections 3141 through 3144 and 3146 of title 40, United States Code 
(commonly known as the Davis-Bacon Act). The Secretary of Labor shall 
have the authority and functions set forth in Reorganization Plan No. 
14 of 1950 (15 FR 3176; 64 Stat. 1267) and section 3145 of title 40, 
United States Code (commonly known as the Copeland Anti-Kickback Act). 
Notwithstanding any other provision of law, this section may not be 
waived or suspended.

SEC. 506. AUTHORIZATION OF APPROPRIATIONS.

    To carry out this title, there are authorized to be appropriated 
such sums as may be necessary for each of fiscal years 2006 and 2007.
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