II 110th CONGRESS 1st Session S. 1942 IN THE SENATE OF THE UNITED STATES August 2, 2007 Mr. Harkin (for himself, Mr. Kennedy, Mrs. Clinton, and Ms. Mikulski) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend part D of title V of the Elementary and Secondary Education Act of 1965 to provide grants for the renovation of schools.

1.

Short title

This Act may be cited as the Public School Repair and Renovation Act of 2007.

2.

Findings

Congress finds the following: (1)Providing safe, healthy, and up-to-date public elementary and secondary school facilities is a crucial component of improving student academic performance and retaining high-quality, committed educators. (2)The 2005 Infrastructure Report Card compiled by the American Society of Civil Engineers gives public schools a D grade. (3)The General Accounting Office, in 1995, reported that the Nation’s elementary and secondary schools require approximately $112,000,000,000 to repair or upgrade facilities. (4)Since 1995, public elementary and secondary school enrollment increased by more than 3,000,000 students. Since 1995, more than half of the construction funds for such schools were spent on new school construction, although repair and renovation of existing schools are critically needed, particularly in school districts with disadvantaged populations, where local educational agencies are working to close achievement gaps between subgroups of students. (5)A report issued by the National Education Association in 2000 estimated that $322,000,000,000 was needed to repair and upgrade the Nation’s elementary and secondary schools, including construction of new schools. (6)The Department of Education documented in 1998 that the average age of a public elementary or secondary school building is estimated at 42 years old, an age when schools tend to deteriorate. (7)School districts spent more than $304,000,000,000 (in 2005 dollars) for public school construction contracts from 1995 through 2004, according to data collected by McGraw-Hill Construction. (8)According to a 2006 report by the Building Educational Success Together (referred to in this section as BEST) coalition, the per-student investment made in the most affluent school districts to repair or construct schools was nearly double the amount of the per-student investment made in the most disadvantaged school districts. (9)The BEST report also found that students in school districts with predominantly Caucasian enrollment benefitted from about $2,000 more per student in school repair and construction spending than their peers living in schools districts with predominantly minority enrollment. (10)Since 1998, the Iowa Demonstration Construction Grant Program has provided $116,000,000 in Federal assistance to over 260 school districts for school repair and construction. That Federal investment in school repair and construction has generated millions of dollars of additional local funding through a match required by the State government.

3.

Grants for school renovation

Part D of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7241 et seq.) is amended by adding at the end the following: 22

School renovation

5621.

Grants for school renovation

(a)

Definitions

For purposes of this section: (1)

Charter school

The term charter school has the meaning given the term in section 5210. (2)

High-need local educational agency

The term high-need local educational agency has the meaning given the term in section 2102(3)(A). (3)

Poor children and child poverty

The terms poor children and child poverty refer to children 5 to 17 years of age, inclusive, who are from families with incomes below the poverty line (as defined by the Office of Management and Budget and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a family of the size involved for the most recent fiscal year for which data satisfactory to the Secretary are available. (4)

Rural local educational agency

The term rural local educational agency means a local educational agency that the State determines is located in a rural area using objective data and a commonly employed definition of the term rural. (5)

State

The term State means each of the several states of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. (b)

Allocation of funds

From the funds appropriated under subsection (j) for a fiscal year, the Secretary shall allocate to each State educational agency serving a State an amount that bears the same relation to the amount appropriated under subsection (j) for the fiscal year as the amount the State received under part A of title I for fiscal year 2008 bears to the amount all States received under such part for fiscal year 2008, except that no such State educational agency shall receive less than 0.5 percent of the amount allocated under this subsection. (c)

Within-State allocations

(1)

Administrative costs

(A)

State educational agency administration

Except as provided in subparagraph (D), each State educational agency may reserve not more than 2 percent of its allocation under subsection (b) for the purpose of administering the distribution of grants under this subsection. (B)

Required uses

The State educational agency shall use a portion of the reserved funds to establish or support a State-level database of public school facility inventory, condition, design, and utilization. (C)

Permissible uses

The State educational agency may use a portion of the reserved funds for— (i)developing a statewide educational facility master plan; (ii)developing policies, procedures, and standards for high quality public school facilities; (iii)supporting interagency collaboration that will lead to broad community use of public school facilities, and school-based services for students served by high-need local educational agencies or rural local educational agencies; and (iv)helping to defray the cost of issuing State bonds to finance public school repair and renovation. (D)

State entity administration

If the State educational agency transfers funds to a State entity described in paragraph (2)(A), the State educational agency shall transfer to such entity 0.75 of the amount reserved under this paragraph for the purpose of administering the distribution of grants under this subsection. (2)

Reservation for competitive school repair and renovation grants to local educational agencies

(A)

In general

Subject to the reservation under paragraph (1), of the funds allocated to a State educational agency under subsection (b), the State educational agency shall distribute 100 percent of such funds to local educational agencies or, if such State educational agency is not responsible for the financing of education facilities, the State educational agency shall transfer such funds to the State entity responsible for the financing of education facilities (referred to in this section as the State entity) for distribution by such entity to local educational agencies in accordance with this paragraph, to be used, consistent with subsection (d), for school repair and renovation. (B)

Competitive grants to local educational agencies

The State educational agency or State entity shall carry out a program awarding grants, on a competitive basis, to local educational agencies for the purpose described in subparagraph (A). Of the total amount available for distribution to local educational agencies under this paragraph, the State educational agency or State entity, shall, in carrying out the grant competition— (i)award to high-need local educational agencies, in the aggregate, at least an amount which bears the same relationship to such total amount as the aggregate amount such high-need local educational agencies received under part A of title I for fiscal year 2008 bears to the aggregate amount received for such fiscal year under such part by all local educational agencies in the State; (ii)award to rural local educational agencies in the State, in the aggregate, at least an amount which bears the same relationship to such total amount as the aggregate amount such rural local educational agencies received under part A of title I for fiscal year 2008 bears to the aggregate amount received for such fiscal year under such part by all local educational agencies in the State; and (iii)award the remaining funds to local educational agencies not receiving an award under clause (i) or (ii), including high-need local educational agencies and rural local educational agencies that did not receive such an award. (C)

Criteria for awarding grants

In awarding competitive grants under this paragraph, a State educational agency or State entity shall take into account the following criteria: (i)

Percentage of poor children

The percentage of poor children 5 to 17 years of age, inclusive, in a local educational agency. (ii)

Need for school repair and renovation

The need of a local educational agency for school repair and renovation, as demonstrated by the condition of the public school facilities of the local educational agency. (iii)

Fiscal capacity

The fiscal capacity of a local educational agency to meet the needs of the local educational agency for repair and renovation of public school facilities without assistance under this section, including the ability of the local educational agency to raise funds through the use of local bonding capacity and otherwise. (iv)

Charter school access to funding

In the case of a local educational agency that proposes to fund a repair or renovation project for a charter school, the extent to which the school has access to funding for the project through the financing methods available to other public schools or local educational agencies in the State. (v)

Likelihood of maintaining the facility

The likelihood that the local educational agency will maintain, in good condition, any facility whose repair or renovation is assisted under this section. (D)

Possible matching requirement

(i)

In general

A State educational agency or State entity may require local educational agencies to match funds awarded under this subsection. (ii)

Match amount

The amount of a match described in clause (i) may be established by using a sliding scale that takes into account the relative poverty of the population served by the local educational agency. (d)

Rules applicable to school repair and renovation

With respect to funds made available under this section that are used for school repair and renovation, the following rules shall apply: (1)

Permissible uses of funds

School repair and renovation shall be limited to 1 or more of the following: (A)

Emergency repairs or renovations

Emergency repairs or renovations to public school facilities only to ensure the health and safety of students and staff, including— (i)repairing, replacing, or installing roofs, windows, doors, electrical wiring, plumbing systems, or sewage systems; (ii)repairing, replacing, or installing heating, ventilation, or air conditioning systems (including insulation); and (iii)bringing public schools into compliance with fire and safety codes. (B)

Modifications for compliance with the Americans with Disabilities Act of 1990

School facilities modifications necessary to render public school facilities accessible in order to comply with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). (C)

Modifications for compliance with section 504 of the Rehabilitation Act of 1973

School facilities modifications necessary to render public school facilities accessible in order to comply with section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). (D)

Asbestos abatement or removal

Asbestos abatement or removal from public school facilities. (E)

Charter school building infrastructure

Renovation and repair needs related to the building infrastructure of a charter school. (2)

Impermissible uses of funds

No funds received under this section may be used for— (A)payment of maintenance costs in connection with any projects constructed in whole or part with Federal funds provided under this section; (B)the construction of new facilities; or (C)stadiums or other facilities primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public. (3)

Supplement, not supplant

Excluding the uses described in subparagraphs (B) and (C) of paragraph (1), a local educational agency shall use Federal funds subject to this subsection only to supplement the amount of funds that would, in the absence of such Federal funds, be made available from non-Federal sources for school repair and renovation. (e)

Qualified bidders; competition

Each local educational agency that receives funds under this section shall ensure that, if the local educational agency carries out repair or renovation through a contract, any such contract process ensures the maximum number of qualified bidders, including small, minority, and women-owned businesses, through full and open competition. (f)

Public comment

Each local educational agency receiving funds under paragraph (2) of subsection (c)— (1)shall provide parents, educators, and all other interested members of the community the opportunity to consult on the use of funds received under such paragraph; (2)shall provide the public with adequate and efficient notice of the opportunity described in paragraph (1) in a widely read and distributed medium; and (3)shall provide the opportunity described in paragraph (1) in accordance with any applicable State and local law specifying how the comments may be received and how the comments may be reviewed by any member of the public. (g)

Reporting

(1)

Local reporting

Each local educational agency receiving funds made available under subsection (b) shall submit a report to the State educational agency, at such time as the State educational agency may require, describing the use of such funds for school repair and renovation. (2)

State reporting

Each State educational agency receiving funds made available under subsection (b) shall submit to the Secretary, not later than December 31, 2010, a report on the use of funds received under subsection (b) and made available to local educational agencies for school repair and renovation. (h)

Reallocation

If a State educational agency does not apply for an allocation of funds under subsection (b) for a fiscal year, or does not use its entire allocation for such fiscal year, then the Secretary may reallocate the amount of the State educational agency’s allocation (or the remainder thereof, as the case may be) for such fiscal year to the remaining State educational agencies in accordance with subsection (b). (i)

GAO study

(1)

In general

The Comptroller General of the United States shall conduct a study relating to the— (A)costs of repair, renovation, and construction for public elementary schools and secondary schools in the United States; and (B)expenditures of Federal, State, local, and private funds for such costs. (2)

Estimates and measures

In conducting the study, the Comptroller General shall— (A)estimate the costs needed to repair, renovate, and construct all schools described in paragraph (1)(A) to good overall condition; and (B)measure the expenditures described in paragraph (1)(B) for the period beginning with fiscal year 2001 and ending with the most recent fiscal year for which data are available. (3)

Analysis

In conducting the study, the Comptroller General shall examine trends in expenditures of Federal, State, local, and private funds since fiscal year 2001 for repair, renovation, and construction activities for public elementary schools and secondary schools, including examining— (A)the differences between the types of schools assisted, and the types of repair, renovation, and construction activities conducted, with those expenditures; (B)how the expenditures were allocated among improvements to land, buildings, and equipment; and (C)how Federal funds appropriated for fiscal year 2001 for such activities for schools described in this paragraph were distributed. (4)

Report

The Comptroller General shall prepare and submit to Congress a report containing the results of the study. (j)

Authorization of appropriations

There is authorized to be appropriated to carry out this section, $1,600,000,000 for fiscal year 2008, and such sums as may be necessary for each of fiscal years 2009 through 2012.

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