[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6733 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 6733

  To provide assistance to local educational agencies in areas of the 
Midwest adversely affected by storms and severe flooding that occurred 
             in May and June, 2008, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 31, 2008

Mr. Hare (for himself, Mr. Loebsack, Mr. Davis of Illinois, Mr. Braley 
of Iowa, Mr. Boswell, Mr. Latham, Mr. Jackson of Illinois, Mr. Shimkus, 
 and Ms. Schakowsky) introduced the following bill; which was referred 
                to the Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
  To provide assistance to local educational agencies in areas of the 
Midwest adversely affected by storms and severe flooding that occurred 
             in May and June, 2008, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Midwest Schools Disaster Recovery 
Act''.

SEC. 2. DEFINITIONS.

    Unless otherwise specified in this Act, the terms used in this Act 
have the meanings given the terms in section 9101 of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7801).

SEC. 3. IMMEDIATE AID TO RESTART SCHOOL OPERATIONS.

    (a) Purpose.--It is the purpose of this section--
            (1) to provide immediate services or assistance to local 
        educational agencies in Illinois, Indiana, Iowa, Michigan, 
        Minnesota, Missouri, and Wisconsin 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 storms and severe 
        flooding in the Midwest during the months of May and June, 
        2008;
            (2) to assist school administrators and personnel of such 
        agencies with expenses related to the restart of operations in, 
        the re-opening of, and the re-enrollment of students in, public 
        elementary schools and secondary schools in such areas; and
            (3) to assist education service agencies with expenses 
        related to the continuation of services provided to public 
        elementary and secondary schools in such areas.
    (b) Payments Authorized.--From amounts appropriated to carry out 
this Act, the Secretary of Education is authorized to make payments, on 
such basis as the Secretary determines appropriate, taking into 
consideration the number of students who were enrolled, during the 
2007-2008 school year, in elementary schools and secondary schools that 
were adversely impacted by the Midwest floods of May and June 2008 to 
State educational agencies in Illinois, Indiana, Iowa, Michigan, 
Minnesota, Missouri, and Wisconsin to enable such agencies to provide 
services or assistance 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 severe storms and flooding in the Midwest 
during the months of May and June.
    (c) Eligibility, Consideration, and Equity.--From the payment 
provided by the Secretary of Education under subsection (b), the State 
educational agency shall provide services and assistance to local 
educational agencies consistent with the provisions of this section. In 
determining the amount to be provided for services or assistance under 
this section, 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 services or assistance are provided, or in 
        the case of an education service agency, the number of school-
        aged children served by public elementary and secondary schools 
        within the education service agency area.
            (2) The severity of the impact of the Midwest floods of May 
        and June 2008 on the local educational agency and the extent of 
        the needs in each local educational agency in Illinois, 
        Indiana, Iowa, Michigan, Minnesota, Missouri, and Wisconsin 
        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 severe storms and flooding in the Midwest during the 
        months of May and June.
            (3) The cost of operating schools in geographically 
        isolated and rural areas to ensure proportionate distribution 
        of funds.
            (4) After making allocations to eligible local education 
        agencies, any remaining funds shall be distributed to education 
        service agencies serving an area in Illinois, Indiana, Iowa, 
        Michigan, Minnesota, Missouri, and Wisconsin that serve an area 
        in which a major disaster has been declared in accordance with 
        section 401 of the Stafford Act, related to storms and severe 
        flooding in the Midwest during the months of May and June 2008.
    (d) Applications.--Each local educational agency desiring services 
or assistance 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 provision of services or 
assistance to the local educational agency.
    (e) Uses of Funds.--
            (1) In general.--A local educational agency or education 
        service agency receiving services or assistance from the State 
        educational agency under this section shall use such services 
        or assistance 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, including specialized instructional 
                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 services or assistance under this section may 
        use such services or assistance in coordination with other 
        Federal, State, or local funds available for the activities 
        described in paragraph (1).
            (3) Special rules.--Services or assistance provided under 
        this section shall not be used for construction or major 
        renovation of schools or education service agencies.
    (f) Supplement Not Supplant.--
            (1) In general.--Except as provided in paragraph (2), 
        services or assistance 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 State educational agency or local 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 State educational agency or local 
                educational agency has not received such other benefits 
                by the time of application for Federal assistance under 
                this section; and
                    (B) such State educational agency or local 
                educational agency, agrees to repay all duplicative 
                Federal assistance received to carry out the purposes 
                of this section.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary.

SEC. 4. 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 severe storms 
and flooding in the Midwest during the months of May and June, 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 2009 shall be not less than the amount made available for such 
local educational agency under each of such sections for fiscal year 
2008.

SEC. 5. REGULATORY AND FINANCIAL RELIEF.

    (a) Waiver Authority.--Subject to subsections (b) and (c), in 
providing any grant or other assistance, directly or indirectly, to an 
entity in an affected State 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 storms 
and severe flooding in the Midwest during the months of May and June 
2008, the Secretary of Education may, as applicable, waive or modify, 
in order to ease fiscal burdens, any requirement relating to the 
following:
            (1) Maintenance of effort.
            (2) The use of Federal funds to supplement, not supplant, 
        non-Federal funds.
            (3) Any non-Federal share or capital contribution required 
        to match Federal funds provided under programs administered by 
        the Secretary of Education.
    (b) Duration.--A waiver under this section shall be for the fiscal 
year 2009 and each subsequent fiscal year, if necessary.
    (c) Limitations.--
            (1) Relation to idea.--Nothing in this section shall be 
        construed to waive or modify any provision of the Individuals 
        with Disabilities Education Act (20 U.S.C. 1400 et seq.).
            (2) Maintenance of effort.--If the Secretary grants a 
        waiver or modification under this section waiving or modifying 
        a requirement relating to maintenance of effort for fiscal year 
        2009, the level of effort required for fiscal year 2010 shall 
        not be reduced because of the waiver or modification.

SEC. 6. TEMPORARY EMERGENCY IMPACT AID FOR DISPLACED STUDENTS.

    (a) Temporary Emergency Impact Aid Authorized.--
            (1) Aid to state educational agencies.--From amounts 
        appropriated to carry out this Act, 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 such 
        eligible local educational agencies and schools to provide for 
        the instruction of students served by such agencies and 
        schools.
            (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) Notice of funds availability.--Not later than 14 
        calendar days after the date of enactment of this Act, the 
        Secretary of Education shall publish in the Federal Register a 
        notice of the availability of funds under this section.
    (b) Definitions.--In this section:
            (1) Displaced student.--The term ``displaced student'' 
        means a student who enrolled in an elementary school or 
        secondary school (other than the school that the student was 
        enrolled in, or was eligible to be enrolled in, the 2007-2008 
        school year) because such student resides or resided on May 1, 
        2008, 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 severe storms and flooding in the Midwest during the 
        months of May and June.
            (2) Eligible local educational agencies.--The term 
        ``eligible local educational agency'' means a local educational 
        agency that serves an elementary school or secondary school 
        which there is enrolled a displaced student.
            (3) Eligible bia-funded school.--In this section, the term 
        ``eligible BIA-funded school'' means a school funded by the 
        Bureau of Indian Affairs in which there is enrolled a displaced 
        student.
    (c) Application.--
            (1) State educational agency.--A State educational agency 
        that desires to receive emergency impact aid under this section 
        shall submit an application to the Secretary of Education, not 
        later than 14 calendar days after the date by which an 
        application under paragraph (2) must be submitted, in such 
        manner, and accompanied by such information as the Secretary of 
        Education may reasonably require, including 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).
            (2) Local educational agencies and bia-funded schools.--An 
        eligible local educational agency or eligible BIA-funded school 
        that desires an emergency impact aid payment under this section 
        shall submit an application to the State educational agency, 
        not later than 14 calendar days after the date of the 
        publication of the notice described in subsection (a)(4), in 
        such manner, and accompanied by such information as the State 
        educational agency may reasonably require, including 
        documentation submitted quarterly for the 2007-2008 school year 
        that indicates the following:
                    (A) In the case of an eligible local educational 
                agency, the number of displaced students enrolled in 
                the elementary schools and secondary schools (and 
                including the number of displaced students who are 
                children with disabilities) served by such agency for 
                such quarter.
                    (B) In the case of an eligible BIA-funded school, 
                the number of displaced students, including the number 
                of displaced students who are children with 
                disabilities, enrolled in such school for such quarter.
            (3) Determination of number of displaced students.--In 
        determining the number of displaced students for a quarter 
        under paragraph (2), an eligible local educational agency or 
        eligible BIA-funded school shall include the number of 
        displaced students served in the case of a determination for 
        each quarterly installment, during the quarter immediately 
        preceding the quarter for which the installment is provided.
    (d) Amount of Emergency Impact Aid.--
            (1) Aid to state educational agencies.--
                    (A) In general.--The amount of emergency impact aid 
                received by a State educational agency for the 2008-
                2009 school year shall equal the sum of--
                            (i) the product of the number of displaced 
                        students (who are not children with 
                        disabilities), as determined by the eligible 
                        local educational agencies and eligible BIA-
                        funded schools in the State under subsection 
                        (c)(2), times $7,000; and
                            (ii) the product of the number of displaced 
                        students who are children with disabilities, as 
                        determined by the eligible local educational 
                        agencies and eligible BIA-funded schools in the 
                        State under subsection (c)(2), times $8,500.
                    (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) In general.--A State educational agency shall 
                provide emergency impact aid payments under this 
                section on a quarterly basis for the 2008-2009 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 subparagraph (B).
                    (B) Payment amount.--Each quarterly installment 
                payment under subparagraph (A) shall equal 25 percent 
                of the sum of--
                            (i) the number of displaced students (who 
                        are not children with disabilities) reported by 
                        the eligible local educational agency or 
                        eligible BIA-funded school for such quarter (as 
                        determined under subsection (c)(2)) times 
                        $7,000; and
                            (ii) the number of displaced students who 
                        are children with disabilities reported by the 
                        eligible local educational agency or eligible 
                        BIA-funded school for such quarter (as 
                        determined under subsection (c)(2)) times 
                        $8,500.
                    (C) 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.
                    (D) 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.
            (3) Displaced students.--Subject to the succeeding 
        sentence, an eligible local educational agency or eligible BIA-
        funded school receiving emergency impact aid payments under 
        this section shall use the payments to provide services and 
        assistance to elementary schools and secondary schools 
        (including charter schools) served by such agency, or to such 
        BIA-funded school, that enrolled a displaced student.
    (e) Use of Funds.--
            (1) Authorized uses.--The authorized uses of funds are the 
        following:
                    (A) Paying the compensation of personnel, including 
                teacher aides, in schools enrolling displaced students.
                    (B) Identifying and acquiring curricular material, 
                including the costs of providing additional classroom 
                supplies, and mobile educational units and leasing 
                sites or spaces.
                    (C) Basic instructional services for such students, 
                including tutoring, mentoring, or academic counseling.
                    (D) Reasonable transportation costs.
                    (E) Health and counseling services.
                    (F) Education and support services.
            (2) Prohibition.--Funds received under this section shall 
        not be used for construction or major renovation of schools.
            (3) Provision of special education and related services.--
                    (A) In general.--In the case of a displaced student 
                who is a child with a disability, any payment made on 
                behalf of such student to an eligible local educational 
                agency shall be used to pay for special education and 
                related services consistent with the Individuals with 
                Disabilities Education Act (20 U.S.C. 1400 et seq.).
                    (B) 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 under this section that the eligible local 
        educational agency has not obligated by the end of the 2008-
        2009 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 2008-2009 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 2008-2009 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) General Provision.--Nothing in this Act 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.).
    (k) 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.
    (l) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary.

SEC. 7. ASSISTANCE FOR HOMELESS YOUTH.

    (a) In General.--The Secretary of Education shall provide 
assistance to local educational agencies serving children and youth who 
are homeless as a result of storms and severe flooding in the Midwest 
during the months of May and June, 2008, 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 the 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 need, as determined by the 
        Secretary, and such State educational agencies shall distribute 
        funds, that are appropriated under this Act and available to 
        carry out this section, 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) Coordination.--Services provided under this section shall be 
provided in coordination and collaboration with the local educational 
agency liaison designated under section 722(g)(1)(J)(ii)) of the 
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii)).
    (d) Ensuring Benefits.--Children and youth who are homeless, as 
such term is defined in section 725(2)of the McKinney-Vento Homeless 
Assistance Act (42 U.S.C. 11434a(2)), as a result of storms and severe 
flooding in the Midwest during the months of May and June, 2008, shall 
be eligible for all the rights and services provided to homeless 
children and youth under subtitle B of title VIII of the McKinney-Vento 
Homeless Assistance Act (42 U.S.C. 11431 et seq.), the Head Start Act 
(42 U.S.C. 9801 et seq.), the Individuals with Disabilities Education 
Act (20 U.S.C. 1400), and the Child Nutrition Act (42 U.S.C. 1751).
    (e) Clarification.--Children and youth who have obtained a 
permanent residence are no longer eligible for services under this 
section.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary.

SEC. 8. SUNSET PROVISION.

    This Act shall be effective for the period beginning on the date of 
enactment of this Act and ending on August 1, 2009.
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