Sec. 5. 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 such agency, the following: including those children enrolled in a State that has a State open enrollment policy (but not including those children enrolled in a distance learning program not residing within the defined boundaries of the agency), ; by striking paragraph
(4)and inserting the following: Beginning in fiscal year 2014, in determining the amount of a payment for a local educational agency for children described in paragraph (1)(D)(i), the Secretary shall consider those children as if they were children described in paragraph (1)(B) if the Secretary determines, on the basis of a certification provided to the Secretary by a designated representative of the Secretary of Defense, that those children would have resided in housing on Federal property if the housing was not undergoing renovation or rebuilding. The total number of children treated as children described in paragraph (1)(B) shall not exceed the lesser of— the total number of children eligible under paragraph (1)(B) for the year prior to the initiation of the housing project on Federal property undergoing renovation or rebuilding; or the total number of federally connected children enrolled in the local educational agency as stated in the application filed for the payment for the year for which the determination is made. Beginning in fiscal year 2014, in determining the amount of a payment for a local educational agency that received a payment for children that resided on Indian lands in accordance with paragraph (1)(C) for the fiscal year prior to the fiscal year for which the local educational agency is making an application, the Secretary shall consider those children to be children described in paragraph (1)(C) if the Secretary determines on the basis of certification provided to the Secretary by a designated representative of the Secretary of the Interior or the Secretary of Housing and Urban Development that those children would have resided in housing on Indian lands if the housing was not undergoing renovation or rebuilding. The total number of children treated as children described in paragraph (1)(C) shall not exceed the lesser of— the total number of children eligible under paragraph (1)(C) for the year prior to the initiation of the housing project on Indian lands undergoing renovation or rebuilding; or the total number of federally connected children enrolled in the local educational agency as stated in the application filed for the payment for the year for which the determination is made. Renovation or rebuilding shall be defined as projects considered as capitalization, modernization, or restoration, as defined by the Secretary of Defense or the Secretary of the Interior (as the case may be) and are projects that last more than 30 days, but do not include sustainment projects such as painting, carpeting, or minor repairs. ; and in paragraph (5)(A), by striking 1984, to be children described under paragraph (1)(B) if the property described is within the fenced security perimeter of the military facility upon which such housing is situated. and inserting 1984, or under lease of off-base property under subchapter IV of ; chapter 169 of title 10, United States Code, to be children described under paragraph (1)(B) if the property described is within the fenced security perimeter of the military facility or attached to and under any type of force protection agreement with the military installation where such housing is situated. in subsection (b)— in paragraph (2)— in subparagraph (B)— in the subparagraph heading, by striking ; continuing by striking clause
(i)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 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; 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 5,000 of such children are children described in subparagraphs
(A)and
(B)of subsection (a)(1); or is a local educational agency that was eligible for and received a payment under this paragraph in fiscal year 2012 and— 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. ; by striking clause
(ii)and inserting the following: Subject to subclause (II), 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 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. 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 2 consecutive years shall lose its eligibility and be subject to subclause (I). ; by striking clause
(iii)and inserting the following: With respect to the first 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 fiscal year. ; 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 paragraph
(2)for fiscal year 2001. ; by striking subparagraph
(C)and inserting the following: 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 subparagraph
(D)or
(E)(or a combination thereof) 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 those children described in subparagraph
(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 in fiscal year 2012 (as such clause was in effect for that fiscal year), the local educational agency 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 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) 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 5,000 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), (G), and
(H)as subparagraphs (E), (F), and (G), respectively; in subparagraph
(E)(as redesignated by clause (v))— 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 (v))— Except as provided in clause (ii), for the purpose of determining the average tax rates for general fund purposes for local educational agencies in a State under this paragraph, the Secretary shall use either— the average tax rate for general fund purposes for comparable local educational agencies, as determined by the Secretary in regulations; or the average tax rate of all the local educational agencies in the State. For fiscal years 2010 through 2015, any local educational agency that was found ineligible to receive a payment under subsection (b)(2)(A) because the Secretary determined that it failed to meet the average tax rate requirement for general fund purposes in subparagraph (B)(i)(II)(bb), as in effect on the day before the date of enactment of the Local Taxpayer Relief Act , shall be considered to have met that requirement, if the State determined, through an alternate calculation of average tax rates for general fund purposes, that such local educational agency met that requirement. For any fiscal year after fiscal year 2015, any local educational agency that met the requirements of subclause
(I)and received a payment under such subclause for 1 or more of fiscal years 2010 through 2015 may continue to have the State use such subclause
(I)to determine if the local educational agency has met the average tax rate requirement of clause (i), including using the alternate methodology described in subclause
(I)to determine whether the local educational agency has met the average tax rate requirement for general fund purposes under subclause (B)(i)(II)(bb), as in effect on the day before the date of enactment of the Local Taxpayer Relief Act . Notwithstanding any other provision of law limiting the period during which the Secretary may obligate funds appropriated for any fiscal year after 2012, the Secretary shall reserve an amount equal to a total of $14,000,000 from funds that remain unobligated under this section from fiscal year 2013 or 2014 in order to make payments under this subparagraph for fiscal years 2011 through 2014. ; and in subparagraph
(G)(as redesignated by clause (v))— 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); and in paragraph (3)— in subparagraph (B)— by striking clause
(iii)and inserting the following: In the case of a local educational agency providing a free public education to students enrolled in kindergarten through grade 12, that enrolls students described in subparagraphs (A), (B), and
(D)of subsection (a)(1) only in grades 9 through 12, and that received a final payment in fiscal year 2009 calculated under this paragraph (as this paragraph was in effect on the day before the date of enactment of the Local Taxpayer Relief Act ) for students in grades 9 through 12, the Secretary shall, in calculating the agency’s payment, consider only that portion of such agency’s total enrollment of students in grades 9 through 12 when calculating the percentage under clause (i)(I) and only that portion of the total current expenditures attributed to the operation of grades 9 through 12 in such agency when calculating the percentage under clause (i)(II). ; by redesignating clause
(iv)as clause (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 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 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 striking paragraph
(2)and inserting the following: 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 the 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 the Interior or head of another Federal agency; and 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, or 100 students, of children described in subsection (a)(1); 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 (e)— by striking paragraph
(1)and inserting the following: In the case of any local educational agency whose payment under subsection
(b)for a fiscal year is determined to be reduced by an amount greater than $5,000,000 or by 20 percent, as compared to the amount received in the previous fiscal year, the Secretary shall, subject to paragraph (2), pay a local educational agency, for each of the 3 years following the reduction under subsection (b), the amount determined under paragraph (2). Subject to paragraph (3), a local educational agency described in paragraph
(1)shall receive— for the first year for which the reduced payment is determined, the amount shall not be less than 90 percent of the total amount that the local educational agency received under paragraph
(1)or
(2)of subsection
(b)in the fiscal year prior to the reduction (referred to in this paragraph as the base year ); for the second year following such reduction, the amount shall be not less than 85 percent of the total amount that the local educational agency received under paragraph
(1)or
(2)of subsection
(b)in the base year. for the third year following such reduction, the amount shall not be less than 80 percent of the total amount that the local educational agency received under paragraph
(1)or
(2)of subsection
(b)in the base year. For any fiscal year for which a local educational agency would be subject to a reduced payment under subparagraph
(B)or
(C)of paragraph (2), but the total amount of the payment that the local educational agency is eligible for under subsection
(b)for that fiscal year is greater than the amount that initially subjected the local educational agency to the requirements of this subsection, the Secretary shall pay the greater amount to the local educational agency for such year. ; by striking paragraph (2); and by redesignating paragraph
(3)as paragraph (2); and by striking subsection (g).
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Sec. 5
Payments for eligible federally connected children
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