Sec. 101. Grants for school repair, renovation, and construction
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From the funds appropriated under subsection
(i)for a fiscal year, the Secretary shall reserve 1 percent to provide assistance to the outlying areas and for payments to the Secretary of the Interior to provide assistance to schools funded by the Bureau of Indian Education. Funds allocated under this paragraph shall be reserved by the Secretary for distribution among the outlying areas and the Secretary of the Interior on the basis of their relative need for public elementary school and secondary school repair, renovation, and construction, as determined by the Secretary. Subject to subparagraphs
(B)and (C), from the funds made available under subsection
(i)that remain after carrying out paragraph
(1)for a fiscal year, the Secretary shall allot to each State educational agency serving a State an amount that bears the same relation to such remainder as the amount the State received under subpart 2 of part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq.) for the fiscal year preceding the fiscal year for which the determination is made bears to the amount all States received under such subpart for such preceding fiscal year. No State receiving an allotment under this paragraph shall receive less than one-half of 1 percent of the total amount allotted under this paragraph. The amount allotted under this paragraph to the Commonwealth of Puerto Rico for a fiscal year may not exceed one-half of 1 percent of the total amount allotted under this paragraph. Except as provided in subparagraph (D), each State educational agency may reserve not more than 1 percent of the State educational agency's allotment under subsection
(a)for the purposes of administering the distribution of grants under this subsection and awarding grants under subparagraph (C)(v). The State educational agency shall use a portion of the funds reserved under subparagraph (A)— to provide technical assistance to local educational agencies; and to establish or support a State-level database of public school facility inventory, condition, design, and utilization, in accordance with section 304. The State educational agency may use a portion of the funds reserved under subparagraph
(A)for— developing a statewide public school facility master plan; developing policies, procedures, and standards for high-quality, energy efficient public school facilities; supporting interagency collaboration that will lead to broad community use of public school facilities, and school-based services for students served by high-need local educational agencies or rural local educational agencies; helping to defray the cost of issuing State bonds to finance public elementary school and secondary school repair, renovation, and construction; and awarding grants to State-operated or State-supported schools, such as a State school for the deaf or for the blind, to enable such schools to carry out school repair, renovation, and construction activities in accordance with subsection (c). If the State educational agency transfers funds to a State entity described in paragraph (2)(A), the State educational agency shall transfer to such State entity not less than 75 percent of the amount reserved under subparagraph
(A)for the purpose of carrying out the activities described in subparagraph (C). Of the funds allotted to a State educational agency under subsection
(a)that are not reserved under paragraph (1), the State educational agency shall distribute 100 percent of such funds to local educational agencies or, if the State educational agency is not responsible for the financing of public school facilities, the State educational agency shall transfer such funds to the State entity responsible for the financing of public school facilities (referred to in this section as the State entity ) for distribution by such State entity to local educational agencies in accordance with this paragraph, to be used, consistent with subsection (c), for public elementary school or secondary school repair, renovation, and construction. The State educational agency or State entity shall carry out a program to award grants, on a competitive basis, to local educational agencies for public elementary school or secondary school repair, renovation, and construction. Of the total amount available for distribution to local educational agencies under this paragraph, the State educational agency or State entity, shall, in carrying out the grant competition— award to high-need local educational agencies, in the aggregate, not less than an amount which bears the same relationship to such total amount as the aggregate amount such high-need local educational agencies received under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq.) for the fiscal year preceding the fiscal year for which the determination is made bears to the aggregate amount received for such preceding fiscal year under such part by all local educational agencies in the State; award to rural local educational agencies in the State, in the aggregate, not less than an amount which bears the same relationship to such total amount as the aggregate amount such rural local educational agencies received under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq.) for the fiscal year preceding the fiscal year for which the determination is made bears to the aggregate amount received for such preceding fiscal year under such part by all local educational agencies in the State; and award the remaining funds to local educational agencies in the State that did not receive a grant award under clause
(i)or (ii), including to high-need local educational agencies and rural local educational agencies that did not receive a grant award under clause
(i)or (ii). In awarding competitive grants under this paragraph, a State educational agency or State entity shall take into account the following criteria: The percentage of children served by the local educational agency who are between 5 to 17 years of age, inclusive, and who are from low-income families. The need of a local educational agency for public school facility repair, renovation, and construction, as demonstrated by a facility condition index or the local educational agency’s need for new public school facilities based on enrollment or anticipated enrollment. The extent to which a local educational agency will make use, in the repair, renovation, or construction to be undertaken, of green practices that are certified, verified, or consistent with any applicable provisions of— the LEED Green Building Rating System; Energy Star; the CHPS Criteria; the ASHRAE Energy Standard for Buildings; or an equivalent program adopted by the State or another jurisdiction with authority over the local educational agency. The fiscal capacity of a local educational agency to meet the needs of the local educational agency for repair, renovation, and construction of public school facilities without assistance under this section, including the ability of the local educational agency to raise funds through the use of local bonding capacity and otherwise. The ability of a local educational agency to provide an assurance that the local educational agency will maintain, in good condition, any public school facility whose repair, renovation, or construction is assisted under this section. In the case of a local educational agency that proposes to fund a repair, renovation, or construction project for a public charter school, the extent to which— the public charter school lacks access to funding for school repair, renovation, and construction through the financing methods available to other public schools or local educational agencies in the State; and the charter school operator owns or has care and control of the facility that is to be repaired, renovated, or constructed. A State educational agency or State entity shall require local educational agencies to match funds awarded under this paragraph. A State educational agency may establish a sliding scale for determining the match described in clause (i), taking into account the relative poverty of the population served by the local educational agency. With respect to funds made available under this section that are used for school repair, renovation, and construction, the following rules shall apply: School repair, renovation, and construction shall be limited to one or more of the following: Upgrades, repair, construction, or replacement of public elementary schools or secondary schools, or their building systems or components, in order to improve the quality of education and ensure the health and safety of students and staff, including— repairing, replacing, or constructing early learning facilities at public elementary schools (including renovation of existing facilities to serve children under 5 years of age); repairing, replacing, or constructing school library facilities; modernizing or upgrading school classroom facilities, including laboratories; repairing, replacing, or installing roofs, windows, doors, electrical wiring, plumbing systems, or sewage systems; installing classroom furniture or fixtures with at least a 10-year life cycle; repairing, replacing, or installing heating, ventilation, or air conditioning systems (including insulation); and bringing such public schools into compliance with fire and safety codes. Public school facility modifications necessary to render public school facilities accessible in order to comply 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 ). Improvements to the environmental conditions of public elementary school or secondary school sites, including— asbestos abatement or removal; the reduction or elimination of human exposure to lead-based paint, lead-contaminated drinking water, mercury, radon, polychlorinated biphenyls, or other toxic substances; the reduction or elimination of mold, mildew, pests, and rodents; and air quality improvement. Measures designed to reduce or eliminate human exposure to classroom noise and environmental noise pollution. Modifications necessary to reduce the consumption of electricity, natural gas, oil, water, coal, or land. Upgrades or installations of educational technology infrastructure to ensure that students have access to up-to-date educational technology. Measures that will broaden or improve the use of public elementary school or secondary school buildings and grounds by the community in order to improve educational outcomes. No funds received under this section may be used for— payment of maintenance costs in connection with any projects constructed in whole or part with Federal funds provided under this section; purchase or upgrade of vehicles; improvement or construction of any stand-alone facility whose purpose is not the education of children, including central office administration or operations or logistical support facilities; purchase of information technology hardware, including computers, monitors, printers, or other devices; or stadiums or other facilities primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public. A local educational agency or State-operated or State-supported school shall use Federal funds subject to this subsection only to supplement the amount of funds that would, in the absence of such Federal funds, be made available from non-Federal sources for school repair, renovation, and construction. Each local educational agency that receives funds under subsection (b)(2) shall ensure that, if the local educational agency carries out repair, renovation, or construction through a contract, any such contract process ensures the maximum number of qualified bidders, including small, minority, and women-owned businesses, through full and open competition. Each local educational agency receiving funds under subsection (b)(2) shall— provide an opportunity for public comment, and ensure that parents, educators, and all other interested members of the community in which the school to be assisted is located, have the opportunity to consult on the use of the funds received under such subsection; provide the public with adequate and efficient notice of the opportunity described in paragraph
(1)in a widely read and distributed medium; and provide the opportunity described in paragraph
(1)in accordance with any applicable State and local law specifying how the comments may be received and how the comments may be reviewed by any member of the public. Each local educational agency that receives funds under subsection (b)(2) for a fiscal year shall, for each fiscal year— compile the information described in subsection (g)(2)(B) with respect to the local educational agency for the preceding fiscal year; make the compiled information available to the public, including by posting the information on a publicly accessible website of the local educational agency; and prepare and submit to the State educational agency an annual report that includes— the compiled information described in subparagraph (A); a description of how the local educational agency used funds received under subsection (b)(2) for public elementary school and secondary school repair, renovation, and construction; and any other information the State educational agency may require. Each State educational agency that receives a grant under subsection
(a)for a fiscal year shall, for each such fiscal year— compile the information received from the reports described in paragraph (1)(C), and the information described in subsection (g)(2)(B) with respect to any State-operated or State-sponsored school receiving funds under subsection (b)(1)(C)(v), for the preceding fiscal year; make the compiled information available to the public, including by posting the information on a publicly accessible website of the State educational agency; regularly distribute the compiled information to local educational agencies and tribal governments in the State; and prepare and submit to the Secretary an annual report that includes— the compiled information described in subparagraph (A); and a description of how funds received under this section were made available and used for public elementary school and secondary school repair, renovation, and construction. Not later than September 30 of each fiscal year beginning after the date of the enactment of this Act, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives 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 local educational agency that received funds under subsection (b)(2). With respect to each such agency, a description of— the demographic composition of the student population served by the agency, disaggregated, by number and percentage, by— race; status as a student counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6333(c) ); and eligibility 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 grant 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 grants received by local educational agencies under this section. If a State educational agency does not apply for an allocation of funds under subsection
(a)for a fiscal year, or does not use the State educational agency's entire allocation for such fiscal year, then the Secretary may reallocate the amount of the State educational agency's allocation (or the remainder thereof, as the case may be) for such fiscal year to the remaining State educational agencies in accordance with such subsection. There are authorized to be appropriated to carry out this section $7,000,000,000 for each of fiscal years 2018 through 2027.
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Sec. 101
Grants for school repair, renovation, and construction
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