Short title

This Act may be cited as the Hurricane Katrina Elementary and Secondary Education Recovery Act.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.