,i #aacth ,,congress #ast ,session ,h4 ,r4 #bcgh ,,in ,,the ,,house ,,of ,,representatives ,june #ad1 #bjac ,mr4 ,mullin 7for himself1 ,mr4 ,bucshon1 and ,mr4 ,o',rourke7 introduced the following bill2 which was referred to the ,committee on ,education and the ,workforce ,a ,,bill ,to reauthorize the ,impact ,aid ,program under the ,elementary and ,secondary ,education ,act of #aife4 #a4 ,short title ,this ,act may be cited as the ,impact ,aid ,fairness and ,equity ,act of #bjac4 #b4 ,amendments to the ,impact ,aid ,improvement ,act of #bjab ,section #efc7;c7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjac 7,public ,law #aab-bci2 #abf ,stat4 #agdh7 is amended-- 7#a7 in paragraphs 7#a71 by inserting paragraphs 7#b7 and 7#c7 of before subsection 7b72 and 7#b7 in paragraph 7#d71 by inserting paragraphs 7#b7 and 7#c7 of before subsection 7b74 #c4 ,amendments to section #hjjb 7payments relating to ,federal acquisition of real property7 of the ,,esea ,section #hjjb7;a7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ggjb7 is amended-- 7#a7 in paragraph 7#a71 by amending subparagraph 7,c7 to read as follows3 7,c7 had an assessed value 7according to original records 7including reproductions of those records7 documenting the assessed value of such property 7determined as of the time or times when so acquired7 prepared by the local official referred to in subsection 7b77#c7 or1 when such original records are not available due to unintentional destruction 7such as natural disaster1 fire1 flooding1 pest infestation1 or deterioration due to age71 other records1 including ,federal agency records1 local historical records1 or other records that the ,secretary determines to be appropriate and reliable7 aggregating #aj percent or more of the assessed value of-- 7i7 all real property in the local educational agency 7similarly determined as of the time or times when such ,federal property was so acquired72 or 7ii7 all real property in the local educational agency as assessed in the first year preceding or succeeding acquisition1 whichever is greater1 only if-- 7,i7 the assessment of all real property in the local educational agency is not made at the same time or times that such ,federal property was so acquired and assessed2 and 7,,ii7 ,state law requires an assessment be made of property so acquired2 and 2 and 7#b7 by amending paragraph 7#b7 to read as follows3 7#b7 that such agency is not being substantially compensated for the loss in revenue resulting from such ownership by increases in revenue accruing to the agency from the conduct of ,federal activities with respect to such ,federal property1 then such agency shall be eligible to receive the amount described in subsection 7b74 4 #d4 ,amendments to section #hjjc 7payments for eligible federally connected children7 of the ,,esea ,section #hjjc of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ggjc7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 in the matter preceding subparagraph 7,a71 by inserting after such agency1 the following3 including those children enrolled in a ,state that has a ,state open enrollment policy 7but not including children enrolled in a distance learning program not residing within the defined boundaries of the agency712 7#b7 subsection 7b77#b7-- 7,a7 in subparagraph 7,b7-- 7i7 in the subparagraph heading1 by striking continuing2 7ii7 by amending clause 7i7 to read as follows3 7i7 ,in general ,a heavily impacted local educational agency is eligible to receive a basic support payment under subparagraph 7,a7 with respect to a number of children determined under subsection 7a77#a7 if the agency-- 7,i7 is a local educational agency whose boundaries are the same as a ,federal military installation or the boundaries are the same as island property designated by the ,secretary of the ,interior to be property that is held in trust by the ,federal ,government and the agency has no taxing authority2 7,,ii7 is a local educational agency-- 7aa7 that has an enrollment of children described in subsection 7a77#a7 that constitutes a percentage of the total student enrollment of the agency that is not less than #de percent2 7bb7 that has a per-pupil expenditure that is less than-- 7,,aa7 for an agency that has a total student enrollment of #ejj or more students1 #abe percent of the average per-pupil expenditure of the ,state in which the agency is located2 or 7,,bb7 for an agency that has a total student enrollment of less than #ejj1 #aej percent of the average per-pupil expenditure of the ,state in which the agency is located1 or the average per-pupil expenditure of #c or more comparable local educational agencies in the ,state in which the agency is located2 and 7cc7 that is an agency that-- 7,,aa7 has a tax rate for general fund purposes that is at least #ie percent of the average tax rate for general fund purposes of comparable local educational agencies in the ,state2 or 7,,bb7 was eligible to receive a payment under this subsection for fiscal year #bjjh and is located in a ,state that by ,state law has eliminated ad valorem tax as a revenue source for local educational agencies2 7,,iii7 is a local educational agency that has a total student enrollment of not less than #be1jjj students1 of which not less than #ej percent are children described in subsection 7a77#a7 and not less than #e1ejj of such children are children described in subparagraphs 7,a7 and 7,b7 of subsection 7a77#a72 or 7,,iv7 is a local educational agency that-- 7aa7 has an enrollment of children described in subsection 7a77#a7 that constitutes a percentage of the total student enrollment of the agency that is not less than #bj percent2 7bb7 for the #c fiscal years preceding the fiscal year for which the determination is made1 the average enrollment of children who are not described in subsection 7a77#a7 and who are eligible for a free or reduced price lunch under the ,richard ,b4 ,russell ,national ,school ,lunch ,act constitutes a percentage of the total student enrollment of the agency that is not less than #fe percent2 and 7cc7 has a tax rate for general fund purposes which is not less than #a4be percent of the average tax rate for general fund purposes for comparable local educational agencies in the ,state4 2 and 7iii7 by amending clause 7ii7 to read as follows3 7ii7 ,loss of ,eligibility 7,i7 ,in general ,subject to subclause 7,,ii71 a heavily impacted local education agency that met the requirements of clause 7i7 for a fiscal year shall be ineligible to receive a basic support payment under subparagraph 7,a7 if the agency fails to meet the requirements of clause 7i7 for a subsequent fiscal year1 except that such agency shall continue to receive a basic support payment under this paragraph for the fiscal year for which the ineligibility determination is made4 7,,ii7 ,exception ,for a local educational agency that is eligible under subparagraph 7,a7 but whose tax rate for general fund purposes falls below #ie percent of the average tax rate for general fund purposes of local educational agencies in the ,state for two consecutive years shall lose its eligibility and be subject to subclause 7,i74 2 and 7iv7 by adding at the end1 the following3 7iv7 ,special rule ,notwithstanding clause 7i77,,ii71 a local educational agency shall be considered eligible to receive a basic support payment under subparagraph 7,a7 with respect to the number of children determined under subsection 7a77#a7 if the agency-- 7,i7 has an enrollment of children described in subsection 7a77#a71 including1 for purposes of determining eligibility1 those children described in subparagraphs 7,f7 and 7,g7 of such subsection1 that constitutes a percentage of the total student enrollment of the agency that is not less than #ce percent2 and 7,,ii7 was eligible to receive assistance under subsection 7b77#b7 for fiscal year #bjja4 2 7,b7 by amending subparagraph 7,c7 to read as follows3 7,c7 ,maximum amount for heavily impacted local educational agencies 7i7 ,in general ,the maximum amount that a heavily impacted local educational agency is eligible to receive under this paragraph for any fiscal year is the sum of the total weighted student units1 as computed under subsection 7a77#b7 and subject to clause 7ii71 multiplied by the greater of-- 7,i7 four-fifths of the average per-pupil expenditure of the ,state in which the local educational agency is located for the third fiscal year preceding the fiscal year for which the determination is made2 or 7,,ii7 four-fifths of the average per-pupil expenditure of all of the ,states for the third fiscal year preceding the fiscal year for which the determination is made4 7ii7 ,special rule 7,i7 7aa7 ,for a local educational agency with respect to which #ce percent or more of the total student enrollment of the schools of the agency are children described in subparagraphs 7,d7 or 7,e7 7or a combination thereof7 of subsection 7a77#a71 and has an enrollment of children described in subparagraphs 7,a71 7,b71 or 7,c7 of such subsection equal to at least #aj percent of the agency's total enrollment1 the ,secretary shall calculate the weighted student units of those children described in subparagraphs 7,d7 or 7,e7 of such subsection by multiplying the number of such children by a factor of #j4ee4 7bb7 ,for any local educational agency that received a payment under this clause for fiscal year #bjjf1 the local educational agency shall not be required to have an enrollment of children described in subparagraph 7,a71 7,b71 or 7,c7 of such subsection equal to at least #aj percent of the agency's total enrollment4 7,,ii7 ,for a local educational agency that has an enrollment of #ajj or fewer children described in subsection 7a77#a71 the ,secretary shall calculate the total number of weighted student units for purposes of subsection 7a77#b7 by multiplying the number of such children by a factor of #a4ge4 7,,iii7 ,for a local educational agency that does not qualify under subparagraph 7,b77i77,i7 of this subsection and has an enrollment of more than #ajj but not more than #a1jjj children described in subsection 7a77#a71 the ,secretary shall calculate the total number of weighted student units for purposes of subsection 7a77#b7 by multiplying the number of such children by a factor of #a4be4 2 7,c7 by amending subparagraph 7,d7 to read as follows3 7,d7 ,maximum amount for large heavily impacted local educational agencies 7i7 7,i7 ,subject to clause 7ii71 the maximum amount that a heavily impacted local educational agency described in subclause 7,,ii7 is eligible to receive under this paragraph for any fiscal year shall be determined in accordance with the formula described in paragraph 7#a77;,c74 7,,ii7 ,a heavily impacted local educational agency described in this subclause is a local educational agency that has a total student enrollment of not less than #be1jjj students1 of which not less than #ej percent are children described in subsection 7a77#a7 and not less than #e1ejj of such children are children described in subparagraph 7,a7 and 7,b7 of subsection 7a77#a74 7ii7 ,for purposes of calculating the maximum amount described in clause 7i71 the factor used in determining the weighted student units under subsection 7a77#b7 with respect to children described in subparagraph 7,a7 and 7,b7 of subsection 7a77#a7 shall be #a4ce4 2 7,d7 by striking subparagraph 7,e72 7,e7 by redesignating subparagraph 7,f7 as subparagraph 7,e72 7,f7 in subparagraph 7,e7 7as so redesignated by subparagraph 7,g77-- 7i7 by striking clause 7ii72 7ii7 by striking 2 and at the end of clause 7i7 and inserting a period2 and 7iii7 by striking the ,secretary and all that follows through shall use and inserting the ,secretary shall use2 7,g7 by redesignating subparagraph 7,g7 as subparagraph 7,f72 7,h7 in subparagraph 7,f7 7as so redesignated by subparagraph 7,i771 in the matter preceding clause 7i71 by striking 7,c77i77,,ii77bb7 and inserting 7,b77i77,,ii77bb72 7,i7 by redesignating subparagraph 7,h7 as subparagraph 7,g72 and 7,j7 in subparagraph 7,g7 7as so redesignated by subparagraph 7,k77-- 7i7 in clause 7i7-- 7,i7 by striking 7,b71 7,c71 7,d71 or 7,e71 and inserting 7,b71 7,c71 or 7,d712 7,,ii7 by striking by reason of and inserting due to2 7,,iii7 by inserting after clause 7iii71 the following3 or as the direct result of base realignment and closure or modularization as determined by the ,secretary of ,defense and force structure change or force relocation12 and 7,,iv7 by inserting before the period at the end the following3 or during such time as activities associated with base closure and realignment1 modularization1 force structure change1 or force relocation is ongoing2 and 7ii7 in clause 7ii7 by striking 7,d7 or 7,e7 in both places such term appears and inserting 7,c7 or 7,d72 7#c7 in subsection 7b77#c77;,b7-- 7,a7 by redesignating clause 7iv7 as 7v72 and 7,b7 by inserting after clause 7iii7 the following3 7iv7 ,for any local educational agency that is providing a program of distant learning to children not residing within the legally defined boundaries of the agency1 the ,secretary shall disregard such children from such agency's total enrollment when calculating the percentage under subclause 7,i7 of clause 7i7 and shall disregard any funds received for such children when calculating the total current expenditures attributed to the operation of such agency when calculating the percentage under subclause 7,,ii7 of clause 7i74 2 7#d7 in subsection 7b77#c77;,c7 by striking or 7,e7 of paragraph 7#b71 as the case may be and inserting of paragraph 7#b72 7#e7 in subsection 7b77#c71 by amending subparagraph 7,d7 to read as follows3 7,d7 ,ratable distribution ,for any fiscal year described in subparagraph 7,a7 for which the sums available exceed the amount required to pay each local educational agency #ajj percent of its threshold payment the ,secretary shall distribute the excess sums to each eligible local educational agency that has not received its full amount computed under paragraph 7#a7 or 7#b7 7as the case may be7 by multiplying-- 7i7 a percentage1 the denominator of which is the difference between the full amount computed under paragraph 7#a7 or 7#b7 7as the case may be7 for all local educational agencies and the amount of the threshold payment 7as calculated under subparagraphs 7,b7 and 7,c77 of all local educational agencies1 and the numerator of which is the aggregate amount of the excess sums1 by3 7ii7 the difference between the full amount computed under paragraph 7#a7 or 7#b7 7as the case may be7 for the agency and the amount of the threshold payment as calculated under subparagraphs 7,b7 and 7,c7 of the agency4 2 7#f7 in subsection 7c7 by amending paragraph 7#b7 to read as follows3 7#b7 ,exception ,calculation of payments for a local educational agency shall be based on data from the fiscal year for which the agency is making an application for payment if such agency is newly established by a ,state 7first year of operation only74 2 7#g7 in subsection 7e7 by striking paragraphs 7#a7 and 7#b7 and inserting the following3 7#a7 ,in general ,subject to paragraph 7#b71 the total amount the ,secretary shall pay a local educational agency-- 7,a7 for fiscal year #bjad shall not be less than #ij percent of the total amount that the local education agency received under subsection 7b77#a71 7b77#b71 or 7b77#b77;,b77ii7 for fiscal year #bjaa2 7,b7 for fiscal year #bjae shall not be less than #hj percent of the total amount that the local educational agency received under subsection 7b77#a71 7b77#b71 or 7b77#b77;,b77ii7 for fiscal year #bjaa2 7,c7 for fiscal year #bjaf shall not be less than #gj percent of the total amount that the local educational agency received under subsection 7b77#a71 7b77#b71 or 7b77#b77;,b77ii7 for fiscal year #bjaa1 of which such amount shall be considered a foundation payment for each succeeding fiscal year until such time as the agency's maximum payment as determined under paragraphs 7#a7 or 7#b7 of subsection 7b7 as the case may be1 exceeds the amount provided for under this subparagraph4 7#b7 ,ratable reduction 7,a7 ,in general ,if the sums made available under this title for any fiscal year are insufficient to pay the full amounts that all local educational agencies in all ,states are eligible to receive under paragraph 7#a7 for such year1 then the ,secretary shall ratably reduce the payments to all agencies for such year4 7,b7 ,additional funds ,if additional funds become available for making payments under paragraph 7#a7 for such fiscal year1 payments that were reduced under subparagraph 7,a7 shall be increased on the same basis as such payments were reduced4 2 and 7#h7 by striking subsection 7g74 #e4 ,amendments to section #hjjg 7construction7 of the ,,esea ,section #hjjg of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ggjg7 is amended to read as follows3 #hjjg4 ,construction 7a7 ,school facility emergency and modernization grants authorized 7#a7 ,in general ,from #ajj percent of the amount appropriated for each fiscal year under section #hjad7;e71 the ,secretary-- 7,a7 shall award emergency grants in accordance with this subsection to eligible local educational agencies to enable the agencies to carry out emergency repairs of school facilities2 and 7,b7 shall award modernization grants in accordance with this subsection to eligible local educational agencies to enable the agencies to carry out the modernization of school facilities4 7#b7 ,priority ,in approving applications from local educational agencies for emergency grants and modernization grants under this subsection1 the ,secretary shall give priority to applications in accordance with the following3 7,a7 ,the ,secretary shall first give priority to applications for emergency grants from local educational agencies that meet the requirements of paragraph 7#c77;,a7 and1 among such applications for emergency grants1 shall give priority to those applications from local educational agencies based on the severity of the emergency1 as determined by the ,secretary4 7,b7 ,the ,secretary shall next give priority to applications for modernization grants from local educational agencies that meet the requirements of paragraph 7#c77;,b7 and1 among such applications for modernization grants1 shall give priority to those applications from local educational agencies based on the severity of the need for modernization1 as determined by the ,secretary4 7#c7 ,eligibility requirements 7,a7 ,emergency grants ,a local educational agency is eligible to receive an emergency grant under paragraph 7#b77;,a7 if-- 7i7 the agency 7or in the case of a local educational agency that does not have the authority to tax or issue bonds1 the agency's fiscal agent7-- 7,i7 has no practical capacity to issue bonds2 or 7,,ii7 has minimal capacity to issue bonds and is at not less than #ge percent of the agency's limit of bonded indebtedness2 or 7ii7 the agency is eligible to receive assistance under subsection 7a7 for the fiscal year and has a school facility emergency1 as determined by the ,secretary1 that poses a health or safety hazard to the students and school personnel assigned to the school facility4 7,b7 ,modernization grants ,a local educational agency is eligible to receive a modernization grant under paragraph 7#b77;,b7 if-- 7i7 the agency receives a basic support payment under section #hjjc7;b7 for the fiscal year2 or 7ii7 the agency receives a ,federal properties payment under section #hjjb for the fiscal year4 7,c7 ,rule of construction ,for purposes of subparagraph 7,a77i71 a local educational agency-- 7i7 has no practical capacity to issue bonds if the total assessed value of real property that may be taxed for school purposes is less than #be1jjj1jjj2 and 7ii7 has minimal capacity to issue bonds if the total assessed value of real property that may be taxed for school purposes is at least #be1jjj1jjj but not more than #ej1jjj1jjj4 7#d7 ,award criteria ,in awarding emergency grants and modernization grants under this subsection1 the ,secretary shall consider the following factors3 7,a7 ,the ability of the local educational agency to respond to the emergency1 or to pay for the modernization project1 as the case may be1 as measured by-- 7i7 the agency's level of bonded indebtedness2 7ii7 the assessed value of real property per student that may be taxed for school purposes compared to the average of the assessed value of real property per student that may be taxed for school purposes in the ,state in which the agency is located2 7iii7 the agency's total tax rate for school purposes 7or for capital expenditures1 if applicable7 compared to the average total tax rate for school purposes 7or the average capital expenditure tax rate1 if applicable7 in the ,state in which the agency is located2 and 7iv7 funds that are available to the agency1 from any other source1 including subsection 7a71 that may be used for capital expenditures4 7,b7 ,the percentage of property in the agency that is nontaxable due to the presence of the ,federal ,government4 7,c7 ,the number and percentages of children described in subparagraphs 7,a71 7,b71 7,c71 and 7,d7 of section #hjjc7;a77#a7 served in the school facility with the emergency or served in the school facility proposed for modernization1 as the case may be4 7,d7 ,in the case of an emergency grant1 the severity of the emergency1 as measured by the threat that the condition of the school facility poses to the health1 safety1 and well-being of students4 7,e7 ,in the case of a modernization grant-- 7i7 the severity of the need for modernization1 as measured by such factors as-- 7,i7 overcrowding1 as evidenced by the use of portable classrooms1 or the potential for future overcrowding because of increased enrollment2 or 7,,ii7 the agency's inability to utilize technology or offer a curriculum in accordance with contemporary ,state standards due to the physical limitations of the current school facility2 and 7ii7 the age of the school facility proposed for modernization4 7#e7 ,other award provisions 7,a7 ,general provisions 7i7 ,limitations on amount of funds 7,i7 ,in general ,the amount of funds provided under an emergency grant or a modernization grant awarded under this subsection to a local educational agency that meets the requirements of subclause 7,,ii7 of paragraph 7#c77;,a77i7 for purposes of eligibility under subparagraph 7,a7 or 7,b7 of paragraph 7#c7-- 7aa7 shall not exceed #ej percent of the total cost of the project to be assisted under this subsection2 and 7bb7 shall not exceed #d1jjj1jjj during any #d-year period4 7,,ii7 ,in-kind contributions ,a local educational agency may use in-kind contributions to meet the matching requirement of subclause 7,i77aa74 7ii7 ,prohibitions on use of funds ,a local educational agency may not use funds provided under an emergency grant or modernization grant awarded under this subsection for-- 7,i7 a project for a school facility for which the agency does not have full title or other interest2 7,,ii7 stadiums or other school facilities that are primarily used for athletic contests1 exhibitions1 or other events for which admission is charged to the general public2 or 7,,iii7 the acquisition of real property4 7iii7 ,supplement1 not supplant ,a local educational agency shall use funds provided under an emergency grant or modernization grant awarded under this subsection only to supplement the amount of funds that would1 in the absence of the ,federal funds provided under the grant1 be made available from non-,federal sources to carry out emergency repairs of school facilities or to carry out the modernization of school facilities1 as the case may be1 and not to supplant such funds4 7iv7 ,maintenance costs ,nothing in this subsection shall be construed to authorize the payment of maintenance costs in connection with any school facility modernized in whole or in part with ,federal funds provided under this subsection4 7v7 ,environmental safeguards ,all projects carried out with ,federal funds provided under this subsection shall comply with all relevant ,federal1 ,state1 and local environmental laws and regulations4 7vi7 ,carry-over of certain applications ,a local educational agency that applies for an emergency grant or a modernization grant under this subsection for a fiscal year and does not receive the grant for the fiscal year shall have the application for the grant considered for the following fiscal year1 subject to the priority requirements of paragraph 7#b7 and the award criteria requirements of paragraph 7#d74 7,b7 ,emergency grants2 prohibition on use of funds ,a local educational agency that is awarded an emergency grant under this subsection may not use amounts under the grant for the complete or partial replacement of an existing school facility unless such replacement is less expensive or more cost-effective than correcting the identified emergency4 7#f7 ,application ,a local educational agency that desires to receive an emergency grant or a modernization grant under this subsection shall submit an application to the ,secretary at such time1 in such manner1 and accompanied by such information as the ,secretary may require4 ,each application shall contain the following3 7,a7 ,a description of how the local educational agency meets the award criteria under paragraph 7#d71 including the information described in clauses 7i7 through 7iv7 of paragraph 7#d77;,a7 and subparagraphs 7,b7 and 7,c7 of paragraph 7#d74 7,b7 ,in the case of an application for an emergency grant-- 7i7 a description of the school facility deficiency that poses a health or safety hazard to the occupants of the facility and a description of how the deficiency will be repaired2 and 7ii7 a signed statement from an appropriate local official certifying that a deficiency in the school facility threatens the health or safety of the occupants of the facility or that prevents the use of all or a portion of the building4 7,c7 ,in the case of an application for a modernization grant-- 7i7 an explanation of the need for the school facility modernization project2 7ii7 the date on which original construction of the facility to be modernized was completed2 7iii7 a listing of the school facilities to be modernized1 including the number and percentage of children determined under section #hjjc7;a77#a7 in average daily attendance in each school facility2 and 7iv7 a description of the ownership of the property on which the current school facility is located or on which the planned school facility will be located4 7,d7 ,a description of the project for which a grant under this subsection will be used1 including a cost estimate for the project4 7,e7 ,a description of the interest in1 or authority over1 the school facility involved1 such as an ownership interest or a lease arrangement4 7,f7 ,such other information and assurances as the ,secretary may reasonably require4 7#g7 ,report 7,a7 ,in general ,not later than ,january #a of each year1 the ,secretary shall prepare and submit to the appropriate congressional committees a report that contains a justification for each grant awarded under this subsection for the prior fiscal year4 7,b7 ,definition ,in this paragraph1 the term appropriate congressional committees means-- 7i7 the ,committee on ,appropriations and the ,committee on ,education and the ,workforce of the ,house of ,representatives2 and 7ii7 the ,committee on ,appropriations and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate4 4