Sec. 513. Allocations to local educational agencies for the long-term improvement of public school facilities
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Funds made available under this section shall be for the purpose of supporting the immediate recovery and long-term improvements to public school facilities in covered disaster areas. From the total amount appropriated to carry out this section for each fiscal year, the Secretary shall allocate to each qualified local educational agency that has a plan approved by the Secretary under subsection
(c)for such fiscal year, an amount that bears the same relation to such total amount appropriated as the number of children, aged 5 to 17, inclusive, from families with incomes below the poverty level (weighted for the relative construction costs for the State in which the local educational agency is located) served by the qualified local educational agency for the most recent fiscal year for which data are available bears to all children, aged 5 to 17, inclusive, from families with incomes below the poverty level served by all qualified local educational agencies for the most recent fiscal year for which data are available. A qualified local educational agency may reserve not more than 5 percent of the allocation received under paragraph
(1)for administrative expenses associated with carrying out this section. A qualified local educational agency may reserve not more than 10 percent of the allocation received under paragraph
(1)to improve or provide digital learning, including to leverage existing public programs or public-private partnerships to expand access to high-speed broadband sufficient for digital learning. To be eligible to receive an allocation under this section, a qualified local educational agency shall submit to the Secretary a plan that— describes how the qualified local educational agency will use the allocation to make long-term improvements to public school facilities; identifies the period of time, and at what levels, the qualified local educational agency will maintain fiscal effort for the activities supported by the allocation after the qualified local educational agency no longer receives the allocation; and includes such other information as the Secretary may require. The Secretary shall have the authority to approve or disapprove a qualified local educational agency plan submitted under paragraph (1). A qualified local educational agency that receives an allocation under this section shall make the plan submitted by such qualified local educational agency under paragraph
(1)available to the public, including by posting the information on a publicly accessible website of the State in which such qualified local educational agency is located. As a condition of receiving an allocation under this section, a qualified local educational agency shall agree to the following: The qualified local educational agency shall provide an assurance to the Secretary that the combined fiscal effort per student or the aggregate expenditures of the qualified local educational agency with respect to the activities supported by the allocation under this section for fiscal years beginning with the fiscal year for which the allocation is received will be not less than 90 percent of the combined fiscal effort or aggregate expenditures by the qualified local educational agency for such purposes for the year preceding the fiscal year for which the allocation is received. The qualified local educational agency shall use an allocation under this section only to supplement the level of Federal, State, and local public funds that would, in absence of such allocation, be made available for the activities supported by the allocation, and not to supplant such funds. Not later than 180 days after receiving an allocation under this section, a qualified local educational agency shall submit to the Secretary a comprehensive 10-year facilities master plan. The facilities master plan required under paragraph
(1)shall include, with respect to all public school facilities of the qualified local educational agency, a description of— the extent to which public school facilities meet students’ educational needs and support the agency’s educational mission and vision; the physical condition of the public school facilities; the current health, safety, and environmental conditions of the public school facilities, including— indoor air quality; the presence of hazardous and toxic substances and chemicals; the safety of drinking water at the tap and water used for meal preparation, including the level of lead and other contaminants in such water; energy and water efficiency; excessive classroom noise; and other health, safety, and environmental conditions that would impact the health, safety, and learning ability of students; how the local educational agency will address any conditions identified under subparagraph (C); the impact of current and future student enrollment levels on the design of current and future public school facilities, as well as the financial implications of such enrollment levels; and the dollar amount and percentage of funds the local educational agency will dedicate to capital construction projects as well as maintenance and operations related to maintaining public school facilities. In developing the facilities master plan required under paragraph (1), the qualified local educational agency shall consult with teachers, principals and other school leaders, custodial and maintenance staff, emergency first responders, school facilities directors, students and families, community residents, and Indian Tribes and Tribal organizations (as applicable). A qualified local educational agency that receives covered funds may use such funds to— develop the facilities master plan required under subsection (e); construct, modernize, renovate, or retrofit public school facilities, which may include seismic retrofitting for schools vulnerable to natural disasters; carry out major repairs of public school facilities; install furniture or fixtures with at least a 10-year life in public school facilities; construct new public school facilities; acquire and prepare sites on which new public school facilities will be constructed; extend the life of basic systems and components of public school facilities; reduce current or anticipated overcrowding in public school facilities; ensure the building envelopes of public school facilities are structurally sound, secure, and protects occupants and interiors from the elements; improve energy and water efficiency to lower the costs of energy and water consumption in public school facilities; improve indoor air quality in public school facilities; reduce or eliminate the presence of— toxins and chemicals, including mercury, radon, PCBs, lead, and asbestos; mold and mildew; or rodents and pests; ensure the safety of drinking water at the tap and water used for meal preparation in public school facilities, which may include testing of the potability of water at the tap for the presence of lead and other contaminants; bring public school facilities into compliance with applicable fire, health, and safety codes; make public school facilities accessible to people with disabilities through compliance with the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.) and section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ); provide instructional program space improvements for programs relating to early learning (including early learning programs operated by partners of the agency), special education, science, technology, career and technical education, physical education, or the arts; increase the use of public school facilities for the purpose of community-based partnerships that provide students with academic, health, and social services; ensure the health of students and staff during the construction or modernization of public school facilities; or reduce or eliminate excessive classroom noise. A qualified local educational agency that receives covered funds may not use such funds for— payment of routine and predictable maintenance costs and minor repairs; any facility that is primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public; vehicles; or central offices, operation centers, or other facilities that are not primarily used to educate students. Not later than September 30 of each fiscal year beginning after the date of the enactment of this section, the Secretary shall submit to the appropriate congressional committees a report on the projects carried out with funds made available under this section. The report under paragraph
(1)shall include, with respect to the fiscal year preceding the year in which the report is submitted, the following: An identification of each qualified local educational agency that received an allocation under this section. With respect to each such agency, a description of— the demographic composition of the student population served by the agency, disaggregated by— race; the number and percentage of students counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6333(c) ); and the number and percentage of students who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq.); the population density of the geographic area served by the agency; the projects for which the agency used the allocation received under this section; the demonstrable or expected benefits of the projects; and the estimated number of jobs created by the projects. The total dollar amount of all allocations received by local educational agencies under this section. In this section: The term appropriate congressional committees means the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. The term covered funds means funds received under this section. The term local educational agency — has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ); and includes a public board of education or other public authority legally constituted within an outlying area for either administrative control or direction of, or to perform a service function for, public elementary schools or secondary schools in such outlying area. The term public school facilities means the facilities of a public elementary school or a public secondary school. The term qualified local educational agency means a local educational agency that— receives funds under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq.); and is located in a covered disaster area. There are authorized to be appropriated $1,500,000,000 for each of fiscal years 2018 through 2020 to carry out this section. Funds appropriated under paragraph
(1)shall remain available until expended.
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Sec. 513
Allocations to local educational agencies for the long-term improvement of public school facilities
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