,i #aafth ,,congress #ast ,session ,h4 ,r4 #dcaf ,,in ,,the ,,house ,,of ,,representatives ,september #ab1 #bjai,mr4 ,king of ,new ,york 7for himself and ,miss ,rice of ,new ,york7 introduced the following bill2 which was referred to the ,committee on ,education and ,labor ,a ,,bill ,to provide for temporary emergency impact aid for local educational agencies4 #a4 ,short title ,this ,act may be cited as the ,public ,school ,emergency ,relief ,act4 #b4 ,findings ,the ,congress finds the following3 7#a7 ,the ,united ,states continues to experience an unprecedented influx in arrivals of unaccompanied children4 7#b7 ,in fiscal year #bjah1 the ,department of ,health and ,human ,services ,office of ,refugee ,resettlement released #di1ajj unaccompanied alien children to sponsors nationwide4 7#c7 ,federal law1 as upheld by the ,supreme ,court decision in ,plyer v4 ,doe1 #deg ,u4,s4 #bjb 7#aihb71 permits all children residing in the ,united ,states access to a public elementary and secondary education regardless of their immigration status4 7#d7 ,an unprecedented influx of unaccompanied alien children has resulted in a strain on the ,nation's public school system4 7#e7 ,in response to these conditions1 this ,act creates an emergency grant for the #bjai-bjbj school year tailored to the needs of local educational agencies affected by enrollment increases attributable to unaccompanied alien children4 #c4 ,temporary emergency impact aid for immigrant students 7a7 ,temporary emergency impact aid authorized 7#a7 ,aid to ,state educational agencies ,from amounts appropriated to carry out this ,act1 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 schools4 7#b7 ,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 7c74 7#c7 ,notice of funds availability ,not later than #ad calendar days after funds are made available to carry out this ,act1 the ,secretary of ,education shall publish in the ,federal ,register a notice of the availability of funds under this section4 7b7 ,application 7#a7 ,state educational agency ,not later than #g calendar days after the date by which applications under paragraph 7#b7 shall be submitted1 a ,state educational agency that desires to receive emergency impact aid under this section shall submit an application to the ,secretary of ,education1 in such manner and accompanied by such information as the ,secretary of ,education may require1 including information on the total immigrant student child count of the ,state provided in applications submitted under paragraph 7#b7 by eligible local educational agencies and eligible ,,bia-funded schools in the ,state4 7#b7 ,local educational agencies and ,,bia-funded schools ,not later than #ad days after the date of the publication of the notice described in subsection 7a77#c71 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 agency1 in such manner1 and accompanied by such information as the ,state educational agency may require1 including documentation submitted for the most recent quarter completed that indicates the following3 7,a7 ,in the case of an eligible local educational agency1 the number of immigrant students enrolled in the elementary schools and secondary schools 7including charter schools7 served by such agency for such quarter4 7,b7 ,in the case of an eligible ,,bia-funded school1 the number of immigrant students enrolled in such school for such quarter4 7#c7 ,determination of number of immigrant students ,in determining the number of immigrant students for a quarter under paragraph 7#b71 an eligible local educational agency or eligible ,,bia-funded school shall include the number of immigrant students served-- 7,a7 in the case of a determination for the first quarterly installment1 during the most recent quarter completed before the date of enactment of this ,act2 and 7,b7 in the case of a determination for each subsequent quarterly installment1 during the quarter immediately preceding the quarter for which the installment is provided4 7c7 ,amount of emergency impact aid 7#a7 ,aid to ,state educational agencies 7,a7 ,in general ,the amount of emergency impact aid received by a ,state educational agency for the #bjai-bjbj school year shall equal the product of-- 7i7 the increase 7if any7 in the total number of immigrant students-- 7,i7 as determined by the eligible local educational agencies and eligible ,,bia-funded schools in the ,state under subsection 7b77#b72 over 7,,ii7 the number of such students enrolled in such ,state during the corresponding quarter of the #bjah-bjai school year2 and 7ii7 #ab1jjj4 7,b7 ,insufficient funds ,if the amount available to provide emergency impact aid under this section is insufficient to pay the full amount that each ,state educational agency is eligible to receive under this section1 the ,secretary of ,education shall ratably reduce the amount of such emergency impact aid to each such ,state educational agency4 7,c7 ,retention of ,state share ,in the case of a ,state educational agency that has made a payment to a local educational agency prior to the date of enactment of this ,act for the purpose of covering additional costs incurred as a result of enrolling an immigrant student in a school served by the local educational agency for the #bjag-bjah and #bjah-bjai school years1 the ,state educational agency may retain a portion of the payment described in paragraph 7#b77;,a77ii7 that bears the same relation to the total amount of the payment under such paragraph as the sum of such prior payments bears to the total cost of attendance for all students in that local educational agency for whom the ,state educational agency made such prior payments4 7#b7 ,aid to eligible local educational agencies and eligible ,,bia-funded schools 7,a7 ,quarterly installments 7i7 ,in general ,a ,state educational agency shall provide emergency impact aid payments under this section to eligible local educational agencies and eligible ,,bia-funded schools on a quarterly basis for the #bjai-bjbj school year by such dates as determined by the ,secretary of ,education4 ,such quarterly installment payments shall be based on the number of immigrant students reported under subsection 7b77#b74 7ii7 ,payment amount ,subject to paragraph 7#a77;,b71 each quarterly installment payment under clause 7i7 shall equal #be percent of the amount determined under paragraph 7#a77;,a74 7iii7 ,timeline ,the ,secretary of ,education shall establish a timeline for quarterly reporting on the number of immigrant students in order to make the appropriate disbursements in a timely manner4 7iv7 ,insufficient funds ,if1 for any quarter1 the amount available to a ,state educational agency under this section to make payments to eligible local educational agencies and eligible ,,bia-funded schools 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 section1 the ,state educational agency shall ratably reduce the amount of such payments to each such agency and school4 7#c7 ,immigrant students ,subject to the subsection 7d71 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 7including charter schools7 served by such agency1 or to such ,,bia-funded school1 that enrolled an immigrant student4 7d7 ,use of funds 7#a7 ,authorized uses ,the authorized uses of funds are the following3 7,a7 ,paying the compensation of personnel1 including teacher aides1 in schools enrolling immigrant students4 7,b7 ,identifying and acquiring curricular material1 including the costs of providing additional classroom supplies1 and mobile educational units and leasing sites or spaces4 7,c7 ,basic instructional services for such students1 including tutoring1 mentoring1 or academic counseling4 7,d7 ,reasonable transportation costs4 7,e7 ,health and counseling services4 7,f7 ,education and support services4 7,g7 ,other uses as allowed under title ,,iii of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fhja et seq474 7#b7 ,provision of special education and related services 7,a7 ,in general ,in the case of an immigrant student who is a child with a disability1 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 7#bj ,u4,s4,c4 #adjj et seq474 7,b7 ,definitions ,in subparagraph 7,a71 the terms child with a disability1 special education1 and related services have the meaning given such terms in section #fjb of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adja74 7e7 ,return of aid 7#a7 ,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 #bjai-bjbj school year in accordance with this section4 7#b7 ,state educational agency ,a ,state educational agency that receives emergency impact aid under this section1 shall return to the ,secretary of ,education-- 7,a7 any aid provided to the agency under this section that the agency has not obligated by the end of the #bjai-bjbj school year in accordance with this section2 and 7,b7 any payment funds returned to the ,state educational agency under paragraph 7#a74 7f7 ,limitation on use of aid and payments ,aid and payments provided under this section shall only be used for expenses incurred during the #bjai-bjbj school year4 7g7 ,administrative expenses ,a ,state educational agency that receives emergency impact aid under this section may use not more than #a percent of such aid for administrative expenses4 ,an eligible local educational agency or eligible ,,bia-funded school that receives emergency impact aid payments under this section may use not more than #b percent of such payments for administrative expenses4 7h7 ,special funding rule ,in calculating funding under section #hjjc of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ggjc7 for an eligible local educational agency that receives an emergency impact aid payment under this section1 the ,secretary of ,education shall not count immigrant students served by such agency for whom an emergency impact aid payment is received under this section1 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 #hjjc7;b77#c77;,b77i7 of such ,act 7#bj ,u4,s4,c4 #ggjc7;b77#c77;,b77i774 7i7 ,nondiscrimination 7#a7 ,in general ,nothing in this ,act may be construed to alter or modify the provisions of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adjj et seq471 title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq471 title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq471 and the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gja et seq474 7#b7 ,prohibition ,a school that enrolls an immigrant student under this section shall not discriminate against students on the basis of race1 color1 national origin1 religion1 disability1 or sex4 7#c7 ,rule of construction ,the amount of any payment 7or other form of support provided on behalf of an immigrant student7 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 program4 7j7 ,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 aid1 or the amount of ,state aid1 with respect to free public education of children4 #d4 ,definitions 7a7 ,in general ,unless otherwise specified1 the terms used in this ,act have the meanings given the terms in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7b7 ,specific definitions ,in this ,act3 7#a7 ,eligible local educational agency ,the term eligible local educational agency means a local educational agency that serves an elementary school or secondary school 7including a charter school7 in which there is enrolled an immigrant student4 7#b7 ,eligible ,,bia-funded school ,the term eligible ,,bia-funded school means a school funded by the ,bureau of ,indian ,affairs in which there is enrolled an immigrant student4 7#c7 ,immigrant student ,the term immigrant student has the meaning given the term immigrant children and youth in section #ccja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gjaa7 7as such section was in effect on the day before the date of enactment of the ,every ,student ,succeeds ,act 7,public ,law #aad-ie774