II Calendar No. 208 109th CONGRESS 1st Session S. 1683 IN THE SENATE OF THE UNITED STATES September 12, 2005 Mrs. Hutchison (for herself and Mr. Cornyn) introduced the following bill; which was read the first time September 13, 2005 Read the second time and placed on the calendar A BILL To provide relief for students affected by Hurricane Katrina.

1.

Definition of student affected by Hurricane Katrina

In this Act, the term student affected by Hurricane Katrina means a student who resides or resided on August 22, 2005, in an area, or is enrolled or was enrolled on August 22, 2005, in a school located 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) as a result of Hurricane Katrina.

2.

Education expenses

Notwithstanding any other provision of law, any funds made available to the Federal Emergency Management Agency for Hurricane Katrina relief may be used to pay any education expense— (1)related to a student affected by Hurricane Katrina; and (2)that the Secretary of Education determines appropriate.

3.

Waiver of education requirements

Notwithstanding any other provision of law, the Secretary of Education may waive any requirement of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) for a State, local educational agency, school, teacher, or student that or who is affected by an influx of a student affected by Hurricane Katrina.

4.

Homeless students

(a)

School placement

(1)

In general

The school placement provisions shall not apply to students affected by Hurricane Katrina. (2)

School placement provisions

In this subsection, the term school placement provisions means subsection (e)(3), and paragraphs (1)(J)(i) and (3) of subsection (g), of section 722, and section 723(a)(2)(B), of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432, 11433(a)(2)(B)) and any other provision of subtitle B of title VII of such Act (42 U.S.C. 11431 et seq.) that relates to the placement, or a change in placement, of homeless children and youths in schools. (b)

Student identification

A local educational agency or an elementary school or secondary school may issue and require the use of identification cards or other identifying insignia for students affected by Hurricane Katrina, notwithstanding subtitle B of title VII of the McKinney-Vento Homeless Assistance Act. (c)

Definitions

In this subsection: (1)

Elementary school; secondary school

The terms elementary school and secondary school have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (42 U.S.C. 7801). (2)

Homeless children and youths

The term homeless children and youths has the meaning given the term in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).

5.

Effective date

This Act shall be effective for the period beginning on the date of enactment of this Act and ending on June 30, 2006.

September 13, 2005 Read the second time and placed on the calendar