Sec. 4. Amendments to section 8003 (payments for eligible federally connected children) of the ESEA
2,130 words·~10 min read·
/bill/113/hr/2378/ih/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 8003 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7703 ) is amended— in subsection (a)— in paragraph (1), in the matter preceding subparagraph (A), by inserting after such agency, the following: including those children enrolled in a State that has a State open enrollment policy (but not including children enrolled in a distance learning program not residing within the defined boundaries of the agency), ; subsection (b)(2)— in subparagraph (B)— in the subparagraph heading, by striking ; continuing by amending clause
(i)to read as follows: A heavily impacted local educational agency is eligible to receive a basic support payment under subparagraph
(A)with respect to a number of children determined under subsection (a)(1) if the agency— 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 authority; is a local educational agency— that has an enrollment of children described in subsection (a)(1) that constitutes a percentage of the total student enrollment of the agency that is not less than 45 percent; that has a per-pupil expenditure that is less than— for an agency that has a total student enrollment of 500 or more students, 125 percent of the average per-pupil expenditure of the State in which the agency is located; or for an agency that has a total student enrollment of less than 500, 150 percent of the average per-pupil expenditure of the State in which the agency is located, or the average per-pupil expenditure of 3 or more comparable local educational agencies in the State in which the agency is located; and that is an agency that— has a tax rate for general fund purposes that is at least 95 percent of the average tax rate for general fund purposes of comparable local educational agencies in the State; or was eligible to receive a payment under this subsection for fiscal year 2008 and is located in a State that by State law has eliminated ad valorem tax as a revenue source for local educational agencies; is a local educational agency that has a total student enrollment of not less than 25,000 students, of which not less than 50 percent are children described in subsection (a)(1) and not less than 5,500 of such children are children described in subparagraphs
(A)and
(B)of subsection (a)(1); or is a local educational agency that— has an enrollment of children described in subsection (a)(1) that constitutes a percentage of the total student enrollment of the agency that is not less than 20 percent; for the 3 fiscal years preceding the fiscal year for which the determination is made, the average enrollment of children who are not described in subsection (a)(1) and who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act constitutes a percentage of the total student enrollment of the agency that is not less than 65 percent; and has a tax rate for general fund purposes which is not less than 1.25 percent of the average tax rate for general fund purposes for comparable local educational agencies in the State. ; and by amending clause
(ii)to read as follows: Subject to subclause (II), a heavily impacted local education agency that met the requirements of clause
(i)for a fiscal year shall be ineligible to receive a basic support payment under subparagraph
(A)if the agency fails to meet the requirements of clause
(i)for a subsequent fiscal year, 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 made. For a local educational agency that is eligible under subparagraph
(A)but whose tax rate for general fund purposes falls below 95 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 (I). ; and by adding at the end, the following: Notwithstanding clause (i)(II), a local educational agency shall be considered eligible to receive a basic support payment under subparagraph
(A)with respect to the number of children determined under subsection (a)(1) if the agency— has an enrollment of children described in subsection (a)(1), including, for purposes of determining eligibility, those children described in subparagraphs
(F)and
(G)of such subsection, that constitutes a percentage of the total student enrollment of the agency that is not less than 35 percent; and was eligible to receive assistance under subsection (b)(2) for fiscal year 2001. ; by amending subparagraph
(C)to read as follows: 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 units, as computed under subsection (a)(2) and subject to clause (ii), multiplied by the greater of— 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 made; or 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 made. For a local educational agency with respect to which 35 percent or more of the total student enrollment of the schools of the agency are children described in subparagraphs
(D)or
(E)(or a combination thereof) of subsection (a)(1), and has an enrollment of children described in subparagraphs (A), (B), or
(C)of such subsection equal to at least 10 percent of the agency’s total enrollment, the Secretary shall calculate the weighted student units of those children described in subparagraphs
(D)or
(E)of such subsection by multiplying the number of such children by a factor of 0.55. For any local educational agency that received a payment under this clause for fiscal year 2006, the local educational agency shall not be required to have an enrollment of children described in subparagraph (A), (B), or
(C)of such subsection equal to at least 10 percent of the agency’s total enrollment. For a local educational agency that has an enrollment of 100 or fewer children described in subsection (a)(1), the Secretary shall calculate the total number of weighted student units for purposes of subsection (a)(2) by multiplying the number of such children by a factor of 1.75. For a local educational agency that does not qualify under subparagraph (B)(i)(I) of this subsection and has an enrollment of more than 100 but not more than 1,000 children described in subsection (a)(1), the Secretary shall calculate the total number of weighted student units for purposes of subsection (a)(2) by multiplying the number of such children by a factor of 1.25. ; by amending subparagraph
(D)to read as follows: Subject to clause (ii), the maximum amount that a heavily impacted local educational agency described in subclause
(II)is eligible to receive under this paragraph for any fiscal year shall be determined in accordance with the formula described in paragraph (1)(C). 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 25,000 students, of which not less than 50 percent are children described in subsection (a)(1) and not less than 5,500 of such children are children described in subparagraph
(A)and
(B)of subsection (a)(1). For purposes of calculating the maximum amount described in clause (i), the factor used in determining the weighted student units under subsection (a)(2) with respect to children described in subparagraph
(A)and
(B)of subsection (a)(1) shall be 1.35. ; by striking subparagraph (E); by redesignating subparagraph
(F)as subparagraph (E); in subparagraph
(E)(as so redesignated by subparagraph (G))— by striking clause (ii); by striking ; and at the end of clause
(i)and inserting a period; and by striking the Secretary and all that follows through shall use and inserting the Secretary shall use ; by redesignating subparagraph
(G)as subparagraph (F); in subparagraph
(F)(as so redesignated by subparagraph (I)), in the matter preceding clause (i), by striking (C)(i)(II)(bb) and inserting (B)(i)(II)(bb) ; by redesignating subparagraph
(H)as subparagraph (G); and in subparagraph
(G)(as so redesignated by subparagraph (K))— in clause (i)— by striking (B), (C), (D), or (E), and inserting (B), (C), or (D), ; by striking by reason of and inserting due to ; by inserting after clause (iii), the following: 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 relocation, ; and by inserting before the period at the end the following: or during such time as activities associated with base closure and realignment, modularization, force structure change, or force relocation is ongoing ; and in clause
(ii)by striking
(D)or
(E)in both places such term appears and inserting
(C)or
(D); in subsection (b)(3)(B)— by redesignating clause
(iv)as (v); and by inserting after clause
(iii)the following: For any local educational agency that is providing a program of distant learning to children not residing within the legally defined boundaries of the agency, the Secretary shall disregard such children from such agency’s total enrollment when calculating the percentage under subclause
(I)of clause
(i)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
(II)of clause (i). ; in subsection (b)(3)(C) by striking or
(E)of paragraph (2), as the case may be and inserting of paragraph
(2); in subsection (b)(3), by amending subparagraph
(D)to read as follows: For any fiscal year described in subparagraph
(A)for which the sums available exceed the amount required to pay each local educational agency 100 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
(1)or
(2)(as the case may be) by multiplying— a percentage, the denominator of which is the difference between the full amount computed under paragraph
(1)or
(2)(as the case may be) for all local educational agencies and the amount of the threshold payment (as calculated under subparagraphs
(B)and (C)) of all local educational agencies, and the numerator of which is the aggregate amount of the excess sums, by: the difference between the full amount computed under paragraph
(1)or
(2)(as the case may be) for the agency and the amount of the threshold payment as calculated under subparagraphs
(B)and
(C)of the agency. ; in subsection
(c)by amending paragraph
(2)to read as follows: 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 (first year of operation only). ; in subsection
(e)by striking paragraphs
(1)and
(2)and inserting the following: Subject to paragraph (2), the total amount the Secretary shall pay a local educational agency— for fiscal year 2014 shall not be less than 90 percent of the total amount that the local education agency received under subsection (b)(1), (b)(2), or (b)(2)(B)(ii) for fiscal year 2011; for fiscal year 2015 shall not be less than 80 percent of the total amount that the local educational agency received under subsection (b)(1), (b)(2), or (b)(2)(B)(ii) for fiscal year 2011; for fiscal year 2016 shall not be less than 70 percent of the total amount that the local educational agency received under subsection (b)(1), (b)(2), or (b)(2)(B)(ii) for fiscal year 2011, 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
(1)or
(2)of subsection
(b)as the case may be, exceeds the amount provided for under this subparagraph. 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
(1)for such year, then the Secretary shall ratably reduce the payments to all agencies for such year. If additional funds become available for making payments under paragraph
(1)for such fiscal year, payments that were reduced under subparagraph
(A)shall be increased on the same basis as such payments were reduced. ; and by striking subsection (g).
Connectionstraces to 1
Traces to 1 document
Citation graph
cites case law
Sec. 4
Amendments to section 8003 (payments for eligible federally connected children) of the ESEA
Cites 1Cited by 0 across 0 sources