Sec. 8003. Payments for eligible federally connected children
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Section 8003 ( 20 U.S.C. 7703 ) is amended— in subsection (a)— in paragraph (1), in the matter preceding subparagraph (A), by inserting after of 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 who are not residing within the geographic boundaries of the agency) ; and in paragraph (5)(A), by inserting after 1984, the following: or under lease of off-base property under subchapter IV of ; chapter 169 of title 10, United States Code ( 10 U.S.C. 2871 et seq. ), to be children described in paragraph (1)(B) if the property described is within the fenced security perimeter of the military facility or is attached to, and under any type of force protection agreement with, the military installation where such housing is situated, in subsection (b)— in each of paragraphs (1)(A) and (2)(A)(i), by striking 8014(b) and inserting 3(aa)(2) ; in paragraph (2)— in subparagraph (B)— in the subparagraph heading, by striking ; continuing by striking clauses
(i)and
(ii)and inserting the following: 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 whose 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 that 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; 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 students, 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 is an agency that— has a tax rate for general fund purposes that is not less than 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 2012 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 an enrollment of children described in subsection (a)(1) that constitutes a percentage of the total student enrollment of the agency which is not less than 30 percent, and has a tax rate for general fund purposes which is not less than 125 percent of the average tax rate for general fund purposes for comparable local educational agencies in the State; or 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). A heavily impacted local educational 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 such clause for the 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. Notwithstanding subclause
(I)and clause (i), a local educational agency that obtains eligibility for a basic support payment under subparagraph
(A)by meeting the requirements of clause (i)(II) for a fiscal year and, for the subsequent fiscal year, meets all of the requirements of such clause except for the requirement of item
(cc)of such clause, shall be eligible to receive a basic support payment under subparagraph (A). If, for the next subsequent fiscal year, such local educational agency again fails to meet the requirement of such item (cc), the local educational agency shall be ineligible to receive a basic support payment under subparagraph (A), 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. ; and by adding at the end the following: Notwithstanding clause (i)(II)(aa), 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) for a fiscal year 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; was eligible to receive assistance under this paragraph for fiscal year 2001; and meets the requirements of items
(bb)and
(cc)of clause (i)(II) for the fiscal year for which the determination is being made. With respect to the first fiscal year for which a heavily impacted local educational agency described in clause
(i)applies for a basic support payment under subparagraph (A), or with respect to the first fiscal year for which a heavily impacted local educational agency applies for a basic support payment under subparagraph
(A)after becoming ineligible under clause
(i)for 1 or more preceding fiscal years, the agency shall apply for such payment at least 1 year prior to the start of that first fiscal year. ; by striking subparagraphs
(C)and
(D)and inserting the following: Except as provided for in subparagraph (D), 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. In the case of 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 subparagraph
(D)or
(E)of subsection (a)(1), and that has 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, the Secretary shall calculate the weighted student units of the children described in subparagraph
(D)or
(E)of such subsection by multiplying the number of such children by a factor of 0.55. Notwithstanding subclause (I), any local educational agency that received a payment under this clause for fiscal year 2006, shall not be required to have an enrollment of children described in subparagraph (A), (B), or
(C)of subsection (a)(1) equal to at least 10 percent of the agency's total enrollment for purposes of subclause (I). 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 paragraph (2)(B)(i)(I) 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. 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 subparagraphs
(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 subparagraphs
(A)and
(B)of subsection (a)(1) shall be 1.35. ; by striking subparagraph (E); by redesignating subparagraphs
(F)through
(H)as subparagraph
(E)through (G), respectively; in subparagraph
(E)(as redesignated by clause (iv))— 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 ; in subparagraph
(F)(as redesignated by clause (iv)), in the matter preceding clause (i), by striking (C)(i)(II)(bb) and inserting (B)(i)(II)(bb) ; in subparagraph
(G)(as redesignated by clause (iv))— 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, 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 realignment and closure, modularization, force structure change, or force relocation are ongoing ; and in clause (ii), by striking
(D)or
(E)in both places such term appears and inserting
(C)or
(D); and by adding at the end the following: The Secretary shall— deem each local educational agency that received a fiscal year 2009 basic support payment for heavily impacted local educational agencies under this paragraph as eligible to receive a basic support payment for heavily impacted local educational agencies under this paragraph for each of fiscal years 2011, 2012, 2013, and 2014; and make a payment to such local educational agency under such section for each of fiscal years 2011, 2012, 2013, and 2014. For any fiscal year, a heavily impacted local educational agency that received a basic support payment under this paragraph for the fiscal year prior to the fiscal year for which such local educational agency entered into an intergovernmental cooperative agreement with a State educational agency shall remain eligible to receive a basic support payment under this paragraph for the duration of the intergovernmental cooperative agreement, but in no case for more than 5 years. ; and in paragraph (3)— in subparagraph (A), by striking 8014(b) and inserting 3(aa)(2) ; in subparagraph (B)— by redesignating clause
(iv)as clause (v); and by inserting after clause
(iii)the following: In the case of a local educational agency that is providing a program of distance learning to children not residing within the geographic boundaries of the agency, the Secretary shall disregard such children from such agency's total enrollment when calculating the percentage under clause (i)(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 clause (i)(II). ; in subparagraph (C), by striking subparagraph
(D)or
(E)of paragraph (2), as the case may be and inserting paragraph (2)(D) ; and by striking subparagraph
(D)and inserting the following: For each fiscal year described in subparagraph
(A)for which the sums appropriated under section 3(aa)(2) exceed the amount required to pay each local educational agency 100 percent of the local educational agency’s threshold payment under subparagraph
(B)or (C), the Secretary shall distribute such excess sums to each eligible local educational agency that has not received the agency’s maximum payment 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 maximum payment 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 funds appropriated under section 3(aa)(2) that exceeds the amount of such threshold payments for all local educational agencies; by the difference between the maximum payment 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)for the agency. For each fiscal year described in subparagraph
(A)for which the sums appropriated under section 3(aa)(2) are insufficient to pay each local educational agency all of the local educational agency’s threshold payment described in clause (i), the Secretary shall ratably reduce the payment to each local educational agency under this paragraph. If the sums appropriated under section 3(aa)(2) are sufficient to increase the threshold payment above the 100 percent threshold payment described in clause (i), then the Secretary shall increase payments on the same basis as such payments were reduced, except no local educational agency may receive a payment amount greater than 100 percent of the maximum payment calculated under this subsection. ; 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, for the first year of operation of such agency only; was eligible to receive a payment under this section for the previous fiscal year and has had an overall increase in enrollment (as determined by the Secretary in consultation with the Secretary of Defense, the Secretary of Interior, or the heads of other Federal agencies)— of not less than 10 percent, or 100 students, of children described in— subparagraph (A), (B), (C), or
(D)of subsection (a)(1); or subparagraph
(F)or
(G)of subsection (a)(1), but only to the extent such children are civilian dependents of employees of the Department of Defense or the Department of the Interior; and that is the direct result of closure or realignment of military installations under the base closure process or the relocation of members of the Armed Forces and civilian employees of the Department of Defense as part of force structure changes or movements of units or personnel between military installations or because of actions initiated by the Secretary of Interior or the head of another Federal agency; or was eligible to receive a payment under this section for the previous fiscal year and has had an overall increase in enrollment (as determined by the Secretary)— of not less than 10 percent of children described in subsection (a)(1), or not less than 100 of such children; and that is the direct result of the closure of a local educational agency that received a payment under paragraph
(1)or
(2)of subsection
(b)in the previous fiscal year. ; in subsection (d)(1), by striking 8014(c) and inserting 3(aa)(3) ; 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 under subsection (b)— for fiscal year 2014, shall not be less than 90 percent of the total amount that the local educational agency received under paragraphs
(1)and
(2)of subsection
(b)for fiscal year 2013; for fiscal year 2015, shall not be less than 85 percent of the total amount that the local educational agency received under paragraphs
(1)and
(2)of subsection
(b)for fiscal year 2013; and for fiscal year 2016, shall not be less than 80 percent of the total amount that the local educational agency received under paragraphs
(1)and
(2)of subsection
(b)for fiscal year 2013. ; and by redesignating paragraph
(3)as paragraph (2); and by striking subsection (g).
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