[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1904 Placed on Calendar Senate (PCS)]







                                                       Calendar No. 253
109th CONGRESS
  1st Session
                                S. 1904

 To provide elementary and secondary education assistance to students 
               and schools impacted by Hurricane Katrina.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 20, 2005

   Mr. Alexander (for himself, Mr. Kennedy, Mr. Enzi, and Mr. Dodd) 
      introduced the following bill; which was read the first time

                            October 21, 2005

             Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
 To provide elementary and secondary education assistance to students 
               and schools impacted by Hurricane Katrina.

    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 ``Hurricane Katrina Elementary and 
Secondary Education Recovery Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Hurricane Katrina has had a devastating and 
        unprecedented impact on students who attended schools in the 
        disaster areas.
            (2) Due to the devastating effects of Hurricane Katrina, a 
        significant number of students have enrolled in schools outside 
        of the area in which they resided on August 22, 2005, including 
        a significant number of students who enrolled in non-public 
        schools because their parents chose to enroll them in such 
        schools.
            (3) 372,000 students were displaced by Hurricane Katrina. 
        Approximately 700 schools have been damaged or destroyed. Nine 
        States each have more than 1,000 of such displaced students 
        enrolled in their schools. In Texas alone, over 45,000 
        displaced students have enrolled in schools.
            (4) In response to these extraordinary conditions, this Act 
        creates a one-time only emergency grant for the 2005-2006 
        school year tailored to the needs and particular circumstances 
        of students displaced by Hurricane Katrina.
            (5) The level and type of assistance provided under this 
        Act, both for students attending public schools and students 
        attending non-public schools, is being authorized solely 
        because of the unprecedented nature of the crisis, the massive 
        dislocation of students, and the short duration of assistance.

SEC. 3. WAIVERS AND OTHER ACTIONS.

    (a) Current Waiver and Other Authority.--The Secretary of Education 
is encouraged to exercise the maximum waiver authority available or 
exercise other actions for States, local educational agencies, and 
schools affected by Hurricane Katrina with respect to the waiver 
authority or authorization of actions provided under the following 
provisions of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6301 et seq.):
            (1) Section 1111(b)(3)(C)(vii) of such Act (20 U.S.C. 
        6311(b)(3)(C)(vii)).
            (2) Section 1111(b)(7) of such Act (20 U.S.C. 6311(b)(7)).
            (3) Section 1111(c)(1) of such Act (20 U.S.C. 6311(c)(1)).
            (4) Section 1111(h)(2)(A)(i) of such Act (20 U.S.C. 
        6311(h)(2)(A)(i)).
            (5) Section 1116(b)(7)(D) of such Act (20 U.S.C. 
        6316(b)(7)(D)).
            (6) Section 1116(c)(10)(F) of such Act (20 U.S.C. 
        6316(c)(10)(F)).
            (7) Section 1125A(e)(3) of such Act (20 U.S.C. 6337(e)(3)).
            (8) Section 3122(a)(3)(B) of such Act (20 U.S.C. 
        6842(a)(3)(B)).
            (9) Section 5141(c) of such Act (20 U.S.C. 7217(c)).
            (10) Section 7118(c)(3)(A) of such Act (20 U.S.C. 
        7428(c)(3)(A)).
            (11) Section 9521(c) of such Act (20 U.S.C. 7901(c)).
    (b) Report on Waivers.--Not later than December 31, 2005, the 
Secretary of Education shall prepare and submit a report on the States 
and local educational agencies requesting a waiver of any provision 
under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
6301 et seq.) and the Individuals with Disabilities Education Act (20 
U.S.C. 1400 et seq.) due to the impact of Hurricane Katrina to the 
Committee on Education and the Workforce and the Committee on 
Appropriations of the House of Representatives and the Committee on 
Health, Education, Labor, and Pensions and the Committee on 
Appropriations of the Senate.

SEC. 4. PROVIDING ADDITIONAL SUPPORT FOR STUDENTS AFFECTED BY HURRICANE 
              KATRINA.

    (a) Grants to States Authorized.--From amounts appropriated under 
subsection (g), the Secretary of Education is authorized to make grants 
to States for assistance to eligible local educational agencies to 
enable the agencies to provide services, programs, and activities as 
described in subsection (c).
    (b) State Applications.--A State that desires to receive a grant 
under this section shall submit an application to the Secretary of 
Education at such time, in such manner, and accompanied by such 
information as the Secretary may reasonably require.
    (c) Assistance to Local Educational Agencies.--A State that 
receives a grant under subsection (a) shall use the funds made 
available through the grant to provide assistance to eligible local 
educational agencies to enable such agencies to provide, to students 
displaced by Hurricane Katrina or students attending a school in an 
area described in subsection (f)(1)--
            (1) supplemental educational services consistent with the 
        definitions, criteria, and amounts established under section 
        1116(e) of the Elementary and Secondary Education Act of 1965 
        (20 U.S.C. 6316(e)); or
            (2) additional programs and activities under part B of 
        title IV of the Elementary and Secondary Education Act of 1965 
        (20 U.S.C. 7171 et seq.) relating to 21st century community 
        learning centers.
    (d) Local Applications.--An eligible local educational agency that 
desires to receive assistance under this section from a State shall 
submit an application to the State at such time, in such manner, and 
accompanied by such information as the State may reasonably require.
    (e) Interaction With the ESEA.--An eligible local educational 
agency providing services described in subsection (c)(1) may provide 
such services to a student displaced by Hurricane Katrina regardless of 
the status of the school under section 1116(b) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 6316(b)) that such student 
attends.
    (f) Definition of Eligible Local Educational Agency.--In this 
section, the term ``eligible local educational agency'' means--
            (1) a local educational agency in an area in 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
            (2) a local educational agency that enrolls a student 
        displaced from an area where 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.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $100,000,000 for fiscal year 
2006.

SEC. 5. IMMEDIATE AID TO RESTART SCHOOL OPERATIONS.

    (a) Purpose.--It is the purpose of this section--
            (1) to provide immediate and direct assistance to local 
        educational agencies in Louisiana, Mississippi, and Alabama 
        that serve an area in 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;
            (2) to assist school district administrators and personnel 
        of such agencies who are working to restart operations in 
        elementary schools and secondary schools served by such 
        agencies; and
            (3) to facilitate the re-opening of elementary schools and 
        secondary schools served by such agencies and the re-enrollment 
        of students in such schools as soon as possible.
    (b) Payments and Grants Authorized.--From amounts appropriated to 
carry out this section, the Secretary of Education is authorized to 
make payments, not later than November 30, 2005, to State educational 
agencies (as defined in section 9101 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7801 et seq.)) in Louisiana, 
Mississippi, and Alabama to enable such agencies to award grants to 
local educational agencies serving an area in 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.
    (c) Eligibility and Consideration.--In determining whether to award 
a grant under this section, or the amount of the grant, the State 
educational agency shall consider the following:
            (1) The number of school-aged children served by the local 
        educational agency in the academic year preceding the academic 
        year for which the grant is awarded.
            (2) The severity of the impact of Hurricane Katrina on the 
        local educational agency and the extent of the needs in each 
        local educational agency in Louisiana, Mississippi, and Alabama 
        that is in an area in 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.
    (d) Applications.--Each local educational agency desiring a grant 
under this section shall submit an application to the State educational 
agency at such time, in such manner, and accompanied by such 
information as the State educational agency may reasonably require to 
ensure expedited and timely payment to the local educational agency.
    (e) Uses of Funds.--
            (1) In general.--A local educational agency receiving a 
        grant under this section shall use the grant funds for--
                    (A) recovery of student and personnel data, and 
                other electronic information;
                    (B) replacement of school district information 
                systems, including hardware and software;
                    (C) financial operations;
                    (D) reasonable transportation costs;
                    (E) rental of mobile educational units and leasing 
                of neutral sites or spaces;
                    (F) initial replacement of instructional materials 
                and equipment, including textbooks;
                    (G) redeveloping instructional plans, including 
                curriculum development;
                    (H) initiating and maintaining education and 
                support services; and
                    (I) such other activities related to the purpose of 
                this section that are approved by the Secretary.
            (2) Use with other available funds.--A local educational 
        agency receiving a grant under this section may use the grant 
        funds in coordination with other Federal, State, or local funds 
        available for the activities described in paragraph (1).
            (3) Prohibitions.--Grant funds received under this section 
        shall not be used for any of the following:
                    (A) Construction or major renovation of schools.
                    (B) Payments to school administrators or teachers 
                who are not actively engaged in restarting or re-
                opening schools.
    (f) Supplement Not Supplant.--
            (1) In general.--Except as provided in paragraph (2), funds 
        made available under this section shall be used to supplement, 
        not supplant, any funds made available through the Federal 
        Emergency Management Agency or through a State.
            (2) Exception.--Paragraph (1) shall not prohibit the 
        provision of Federal assistance under this section to an 
        eligible educational agency that is or may be entitled to 
        receive, from another source, benefits for the same purposes as 
        under this section if--
                    (A) such agency has not received such other 
                benefits by the time of application for Federal 
                assistance under this section; and
                    (B) such agency agrees to repay all duplicative 
                Federal assistance received to carry out the purposes 
                of this section.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $900,000,000 for fiscal year 
2006.

SEC. 6. HOLD HARMLESS FOR LOCAL EDUCATIONAL AGENCIES SERVING MAJOR 
              DISASTER AREAS.

    In the case of a local educational agency that serves an area in 
which the President has declared that a major disaster exists 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, the amount made available for such local educational agency 
under each of sections 1124, 1124A, 1125, and 1125A of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 6333, 6334, 6335, and 
6337) for fiscal year 2006 shall be not less than the amount made 
available for such local educational agency under each of such sections 
for fiscal year 2005.

SEC. 7. TEACHER AND PARAPROFESSIONAL RECIPROCITY; DELAY.

    (a) Teacher and Paraprofessional Reciprocity.--
            (1) Teachers.--
                    (A) Affected teacher.--In this subsection, the term 
                ``affected teacher'' means a teacher who is displaced 
                due to Hurricane Katrina and relocates to a State that 
                is different from the State in which such teacher 
                resided on August 22, 2005.
                    (B) In general.--A local educational agency may 
                consider an affected teacher hired by such agency who 
                is not highly qualified in the State in which such 
                agency is located to be highly qualified, for purposes 
                of section 1119 of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 6319) and section 
                612(a)(14) of the Individuals with Disabilities 
                Education Act (20 U.S.C. 1412(a)(14)), for a period not 
                to exceed 1 year, if such teacher was highly qualified, 
                consistent with section 9101(23) of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 7801(23)) 
                and section 602(10) of the Individuals with 
                Disabilities Education Act (20 U.S.C. 1401(10)), on or 
                before August 22, 2005, in the State in which such 
                teacher resided on August 22, 2005.
            (2) Paraprofessional.--
                    (A) Affected paraprofessional.--In this subsection, 
                the term ``affected paraprofessional'' means a 
                paraprofessional who is displaced due to Hurricane 
                Katrina and relocates to a State that is different from 
                the State in which such paraprofessional resided on 
                August 22, 2005.
                    (B) In general.--A local educational agency may 
                consider an affected paraprofessional hired by such 
                agency who does not satisfy the requirements of section 
                1119(c) of the Elementary and Secondary Education Act 
                of 1965 (20 U.S.C. 6319(c)) in the State in which such 
                agency is located to satisfy such requirements, for 
                purposes of such section, for a period not to exceed 1 
                year, if such paraprofessional satisfied such 
                requirements on or before August 22, 2005, in the State 
                in which such paraprofessional resided on August 22, 
                2005.
    (b) Delay.--The Secretary of Education may delay, for a period not 
to exceed 1 year, applicability of the requirements of paragraphs (2) 
and (3) of section 1119(a) of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6319(a)(2) and (3)) and section 612(a)(14)(C) of 
the Individuals with Disabilities Education Act (20 U.S.C. 
1412(a)(14)(C)) with respect to the States of Alabama, Louisiana, and 
Mississippi (and local educational agencies within the jurisdiction of 
such States), if any such State or local educational agency 
demonstrates that a failure to comply with such requirements is due to 
exceptional or uncontrollable circumstances, such as a natural disaster 
or a precipitous and unforeseen decline in the financial resources of 
local educational agencies within the State.

SEC. 8. ASSISTANCE FOR HOMELESS YOUTH.

    (a) In General.--The Secretary of Education shall provide 
assistance to local educational agencies serving homeless children and 
youths displaced by Hurricane Katrina, consistent with section 723 of 
the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11433), including 
identification, enrollment assistance, assessment and school placement 
assistance, transportation, coordination of school services, supplies, 
referrals for health, mental health, and other needs.
    (b) Exception and Distribution of Funds.--
            (1) Exception.--For purposes of providing assistance under 
        subsection (a), subsections (c) and (e)(1) of section 722 and 
        subsections (b) and (c) of section 723 of the McKinney-Vento 
        Homeless Assistance Act (42 U.S.C. 11432(c) and (e)(1), 
        11433(b) and (c)) shall not apply.
            (2) Disbursement.--The Secretary of Education shall 
        disburse funding provided under subsection (a) to State 
        educational agencies based on demonstrated need, as determined 
        by the Secretary, and such State educational agencies shall 
        distribute funds available under subsection (c) to local 
        educational agencies based on demonstrated need, for the 
        purposes of carrying out section 723 of the McKinney-Vento 
        Homeless Assistance Act (42 U.S.C. 11433).
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $50,000,000.

SEC. 9. ALTERNATIVE EDUCATION PROGRAMS FOR DISPLACED ADOLESCENT 
              STUDENTS.

    (a) Definitions.--In this section:
            (1) Alternative education program.--The term ``alternative 
        education program'' means a transitional program that provides 
        displaced adolescent students with--
                    (A) instruction in reading, mathematics, writing, 
                study skills, and other relevant subjects;
                    (B) counseling;
                    (C) tutoring;
                    (D) activities designed to familiarize the 
                displaced adolescent students with the range of career 
                options available to the students;
                    (E) mentoring;
                    (F) test preparation for college entrance 
                examinations, including the PSAT, SAT, and ACT;
                    (G) counseling on the financial aid available for 
                postsecondary education; or
                    (H) job readiness skills and career and technical 
                education.
            (2) Displaced adolescent student.--The term ``displaced 
        adolescent student'' means a secondary school student who--
                    (A) 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;
                    (B) cannot continue enrollment in a secondary 
                school because of Hurricane Katrina; and
                    (C) is expected to obtain a secondary school 
                diploma by the end of the 2006-2007 school year.
            (3)  Eligible entity.--The term ``eligible entity'' means a 
        State educational agency, local educational agency, or 
        consortium of such agencies, located in an area in 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, 
        that--
                    (A) demonstrates a need for additional funds in 
                order to provide an alternative education program to 
                displaced adolescent students; and
                    (B) has the ability to administer the alternative 
                education program and to serve displaced adolescent 
                students.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
    (b) Program Authorized.--From amounts appropriated under this 
section for fiscal year 2006, the Secretary shall award grants to 
States for assistance to eligible entities to enable the entities to 
develop and carry out alternative education programs for displaced 
adolescent students.
    (c) State Applications.--A State desiring a grant under this 
section shall submit an application to the Secretary at such time, in 
such manner, and containing such information as the Secretary may 
require.
    (d) Assistance to Eligible Entities.--
            (1) In general.--A State that receives a grant under this 
        section may use the funds made available through the grant to 
        provide assistance to eligible entities to enable the eligible 
        entities to develop and carry out alternative education 
        programs for displaced adolescent students.
            (2) Partnerships.--An eligible entity may apply for 
        assistance under this section in partnership with 1 or more 
        community-based organizations or institutions of higher 
        education (as such term is defined in section 101 of the Higher 
        Education Act of 1965 (20 U.S.C. 1001)), or both.
    (e) Local Applications.--An eligible entity desiring assistance 
under this section from a State shall submit an application to the 
Governor of the State at such time, in such manner, and containing such 
information as the Governor may require. At a minimum, the Governor 
shall require an entity that desires to carry out an alternative 
education program in an area in which another organization is carrying 
out an alternative education program to provide an assurance that the 
entity will coordinate activities carried out under its program with 
the activities carried out by the organization under its program
    (f) Uses of Funds.--An eligible entity that receives assistance 
under this section shall use the assistance to carry out an alternative 
education program that meets the needs of displaced adolescent 
students, including the staffing, curricular materials, and other 
programmatic costs needed to carry out the alternative education 
program.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for fiscal year 2006.

SEC. 10. GENERAL PROVISION.

    Nothing in sections 1 through 9 of this Act shall be construed to 
permit discrimination on the basis of race, color, religion, sex 
(except as otherwise permitted under title IX of the Education 
Amendments of 1972 (20 U.S.C. 1681 et seq.)), national origin, or 
disability in any program funded under sections 1 through 9 of this 
Act.

SEC. 11. TEMPORARY EMERGENCY IMPACT AID FOR DISPLACED STUDENTS.

    (a) Temporary Emergency Impact Aid Authorized.--
            (1) Aid to state educational agencies.--From amounts 
        appropriated under subsection (o), 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 displaced 
                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.
    (b) Definitions.--In this section:
            (1) Displaced student.--The term ``displaced student'' 
        means a student who enrolled in a 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.
            (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 school that--
                    (A) is accredited or licensed or otherwise operates 
                in accordance with State law;
                    (B) was in existence on August 22, 2005; and
                    (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 at 
        such time, 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)(2)(A); and
                    (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.
            (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 at 
        such time, 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 of displaced students 
                        who are served under part B of the Individuals 
                        with Disabilities Education Act) served by such 
                        agency for such quarter; and
                            (ii) the number of displaced students for 
                        whom the eligible local educational agency 
                        expects to provide payments to accounts under 
                        subsection (e)(2) (including the number of 
                        displaced students who are served under part B 
                        of the Individuals with Disabilities Education 
                        Act) 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.
                                    (III) The parent or guardian of the 
                                displaced student submitted an 
                                application requesting that the agency 
                                make a payment to an account on behalf 
                                of the student.
                                    (IV) The displaced student's 
                                tuition and fees (and transportation 
                                expenses, if any) for the 2005-2006 
                                school year is waived or reimbursed (by 
                                the eligible non-public school) in an 
                                amount that is not less than the amount 
                                of emergency impact aid payment 
                                provided on behalf of such student 
                                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 served under part B of 
                the Individuals with Disabilities Education Act (20 
                U.S.C. 1411 et seq.), 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 in such number the 
        number of displaced students served during such quarter prior 
        to the date of enactment of this Act.
    (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 served under part B of 
                        the Individuals with Disabilities Education Act 
                        (20 U.S.C. 1411 et seq.)), 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 served under part B of the 
                        Individuals with Disabilities Education Act, 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 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.
            (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 served under part 
                                B of the Individuals with Disabilities 
                                Education Act (20 U.S.C. 1411 et seq.)) 
                                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 served under part B of 
                                the Individuals with Disabilities 
                                Education Act (20 U.S.C. 1411 et seq.) 
                                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 that such student is enrolled in a non-public 
                school in the area served by the agency under 
                subsection (e)(2), an eligible local educational agency 
                may provide not more than 4 quarterly payments to such 
                account, 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 served under part B of the 
                        Individuals with Disabilities Education Act (20 
                        U.S.C. 1411 et seq.), $6,000; or
                            (II) in the case of a displaced student who 
                        is served under part B of the Individuals with 
                        Disabilities Education Act, $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.
    (e) Use of Funds.--
            (1) Displaced students in public schools.--An eligible 
        local educational agency or eligible BIA-funded school 
        receiving emergency impact aid payments under this section 
        shall use the payments to provide instructional opportunities 
        for displaced students who enroll in elementary schools and 
        secondary schools (including charter schools) served by such 
        agency or in such a school, and for other expenses incurred as 
        a result of the agency or school serving displaced students, 
        which uses may include--
                    (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 services (including counseling and 
                mental health services); and
                    (F) education and support services.
            (2) Displaced students in non-public schools.--
                    (A) In general.--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, which 
                payment shall be used to assist in paying for any of 
                the following:
                            (i) Paying the compensation of personnel, 
                        including teacher aides, in the non-public 
                        school, which funds shall not be used for 
                        religious instruction, proselytization, or 
                        worship.
                            (ii) Identifying and acquiring curricular 
                        material, including the costs of providing 
                        additional classroom supplies (which shall be 
                        secular, neutral, and shall not have a 
                        religious component), and mobile educational 
                        units and leasing sites or spaces, which shall 
                        not be used for religious instruction, 
                        proselytization, or worship.
                            (iii) Basic instructional services, 
                        including tutoring, mentoring, or academic 
                        counseling, which services shall be secular and 
                        neutral and shall not be used for religious 
                        instruction, proselytization, or worship.
                            (iv) Reasonable transportation costs.
                            (v) Health services (including counseling 
                        and mental health services), which services 
                        shall be secular and neutral and shall not be 
                        used for religious instruction, 
                        proselytization, or worship.
                            (vi) Education and support services, which 
                        services shall be secular and neutral and shall 
                        not be used for religious instruction, 
                        proselytization, or worship.
                    (B) Verification of enrollment.--Before providing a 
                quarterly payment to an account under subparagraph (A), 
                the eligible local educational agency shall verify with 
                the parent or guardian of a displaced student that such 
                displaced student is enrolled in the non-public school.
            (3) Provision of special education and related services.--
                    (A) In general.--In the case of a displaced student 
                who is served under part B of the Individuals with 
                Disabilities Education Act (20 U.S.C. 1411 et seq.), 
                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 the cost of providing the student with 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 for such 
                        student to pay the cost of providing such 
                        services.
                            (ii) Determination of portion.--
                                    (I) Guidelines.--Each State shall 
                                issue guidelines 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--
                    (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) Termination of Authority.--The authority provided by this 
section shall terminate on August 1, 2006.
    (k) Notice of Option of Public School or Non-Public School 
Enrollment.--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 such parent or guardian has 
the option of enrolling such student in a public school or a non-public 
school.
    (l) By-Pass.--If a State educational agency or eligible local 
educational agency is unable to carry out this section, the Secretary 
of Education may 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. 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.
    (m) Nondiscrimination.--
            (1) 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.
            (2) Applicability and 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) shall not apply to a non-public school 
                that is controlled by a religious organization if the 
                application of paragraph (1) would not be consistent 
                with the religious tenets of such organization.
                    (B) Single sex schools, classes, or activities.--
                Notwithstanding paragraph (1) 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.
                    (C) Enrollment.--The prohibition of religious 
                discrimination in paragraph (1) shall not apply with 
                regard to enrollment for a non-public school that is 
                controlled by a religious organization, except in the 
                case of the enrollment of displaced students assisted 
                under this section.
            (3) General provision.--Nothing in this section 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-in.--A displaced student assisted under this 
        section who is enrolled in a non-public school shall not 
        participate in religious worship or religious classes at such 
        school unless such student's parent or guardian chooses to opt-
        in such student for such religious worship or religious 
        classes.
            (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.
    (n) 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.
    (o) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $2,400,000,000 for fiscal year 
2006.

SEC. 12. SUNSET PROVISION.

    Except as otherwise provided in this Act, the provisions of this 
Act shall be effective for the period beginning on the date of 
enactment of this Act and ending on August 1, 2006.
                                                       Calendar No. 253

109th CONGRESS

  1st Session

                                S. 1904

_______________________________________________________________________

                                 A BILL

 To provide elementary and secondary education assistance to students 
               and schools impacted by Hurricane Katrina.

_______________________________________________________________________

                            October 21, 2005

            Read the second time and placed on the calendar