Sec. 617. Temporary emergency impact aid for displaced students
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From amounts appropriated to carry out this subtitle, the Secretary shall provide emergency impact aid to State educational agencies to enable the State educational agencies to make emergency impact aid payments to eligible local educational agencies and eligible BIA-funded schools to enable such eligible local educational agencies and schools to provide for the instruction of students served by such agencies and schools. A State educational agency shall make emergency impact aid payments to eligible local educational agencies and eligible BIA-funded schools in accordance with subsection (d).
The State educational agency for Puerto Rico or the Virgin Islands, as the case may be, shall carry out the activities of eligible local educational agencies that are unable to carry out this section, including any eligible local educational agency where the authorities normally exercised by local educational agencies are exercised by the government of Puerto Rico or the Virgin Islands. Not later than 14 calendar days after the date of enactment of this Act, the Secretary shall publish in the Federal Register a notice of the availability of funds under this section.
In this section: The term displaced student means a student who— enrolled in a public elementary school or secondary school (other than the school that the student was enrolled in, or was eligible to be enrolled in, on September 5, 2017) because such student resides or resided on September 5, 2017, in a covered disaster area due to Hurricane Irma; or enrolled in a public elementary school or secondary school (other than the school that the student was enrolled in, or was eligible to be enrolled in, on September 16, 2017) because such student resides or resided on September 16, 2017, in a covered disaster area due to Hurricane Maria.
The term eligible local educational agency means a local educational agency that serves a public elementary school or secondary school in which there is enrolled a displaced student. In this section, the term eligible BIA-funded school means a school funded by the Bureau of Indian Affairs in which there is enrolled a displaced student. A State educational agency that desires to receive emergency impact aid under this section shall submit an application to the Secretary, not later than 7 calendar days after the date by which an application under paragraph
(2)must be submitted, in such manner, and accompanied by such information as the Secretary may reasonably require, including information on the total displaced student child count of the State provided by eligible local educational agencies in the State and eligible BIA-funded schools in the State under paragraph (2). An eligible local educational agency or eligible BIA-funded school that desires an emergency impact aid payment under this section shall submit an application to the State educational agency, not later than 14 calendar days after the date of the publication of the notice described in subsection (a)(4), in such manner, and accompanied by such information as the State educational agency may reasonably require, including documentation submitted quarterly for the 2017–2018 school year that indicates the following: In the case of an eligible local educational agency, the number of displaced students enrolled in the public elementary schools and secondary schools (including the number of displaced students who are children with disabilities) served by such agency for such quarter. In the case of an eligible BIA-funded school, the number of displaced students, including the number of displaced students who are children with disabilities, enrolled in such school for such quarter. In determining the number of displaced students for a quarter under paragraph (2), an eligible local educational agency or eligible BIA-funded school shall include the number of displaced students served— in the case of a determination for the first quarterly installment, during the quarter prior to the date of enactment of this Act; and in the case of a determination for each subsequent quarterly installment, during the quarter immediately preceding the quarter for which the installment is provided. The amount of emergency impact aid received by a State educational agency for the 2017–2018 school year shall equal the sum of— the product of the number of displaced students (who are not children with disabilities), as determined by the eligible local educational agencies and eligible BIA-funded schools in the State under subsection (c)(2), times $6,000; and the product of the number of displaced students who are children with disabilities, as determined by the eligible local educational agencies and eligible BIA-funded schools in the State under subsection (c)(2), times $7,500. If the amount available under this section to provide emergency impact aid under this subsection is insufficient to pay the full amount that a State educational agency is eligible to receive under this section, the Secretary shall ratably reduce the amount of such emergency impact aid. In the case of a State educational agency that has made a payment prior to the date of enactment of this Act to a local educational agency for the purpose of covering additional costs incurred as a result of enrolling a displaced student in a school served by the local educational agency, the State educational agency may retain a portion of the payment described in paragraph (2)(B) that bears the same relation to the total amount of the payment under such paragraph as the sum of such prior payments bears to the total cost of attendance for all students in that local educational agency for whom the State educational agency made such prior payments. A State educational agency shall provide emergency impact aid payments under this section on a quarterly basis for the 2017–2018 school year by such dates as determined by the Secretary. Such quarterly installment payments shall be based on the number of displaced students reported under subsection (c)(2) and in the amount determined under subparagraph (B). Each quarterly installment payment under subparagraph
(A)shall equal 25 percent of the sum of— the number of displaced students (who are not children with disabilities) reported by the eligible local educational agency or eligible BIA-funded school for such quarter (as determined under subsection (c)(2)) times $6,000; and the number of displaced students who are children with disabilities reported by the eligible local educational agency or eligible BIA-funded school for such quarter (as determined under subsection (c)(2)) times $7,500. The Secretary shall establish a timeline for quarterly reporting on the number of displaced students in order to make the appropriate disbursements in a timely manner. If, for any quarter, the amount available under this section to make payments under this subsection is insufficient to pay the full amount that an eligible local educational agency or eligible BIA-funded school is eligible to receive under this section, the State educational agency shall ratably reduce the amount of such payments. Subject to the succeeding sentence, an eligible local educational agency or eligible BIA-funded school receiving emergency impact aid payments under this section shall use the payments to provide services and assistance to public elementary schools and secondary schools served by such agency, or to such BIA-funded school, that enrolled a displaced student. The authorized uses of funds are the following: Paying the compensation of personnel, including teacher aides, in schools enrolling displaced students. Identifying and acquiring curricular material, including the costs of providing additional classroom supplies, and mobile educational units and leasing sites or spaces. Basic instructional services for such students, including tutoring, mentoring, or academic counseling. Reasonable transportation costs. Health and counseling services. Education and support services. In the case of a displaced student who is a child with a disability or an infant or toddler with a disability, any payment made on behalf of such student to an eligible local educational agency shall be used to pay for special education and related services (as such terms are defined in section 602 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1401 )) or early intervention services for infants and toddlers with disabilities and their families described in part C of such Act ( 20 U.S.C. 1431 et seq.), as applicable, consistent with such Act. An eligible local educational agency or eligible BIA-funded school that receives an emergency impact aid payment under this section shall return to the State educational agency any payment provided to the eligible local educational agency or school under this section that the eligible local educational agency or school has not obligated by the end of the 2017–2018 school year in accordance with this section. A State educational agency that receives emergency impact aid under this section, shall return to the Secretary— any aid provided to the agency under this section that the agency has not obligated by the end of the 2017–2018 school year in accordance with this section; and any payment funds returned to the State educational agency under paragraph (1). Aid and payments provided under this section shall only be used for expenses incurred during the 2017–2018 school year. A State educational agency that receives emergency impact aid under this section may use not more than 1 percent of such aid for administrative expenses. An eligible local educational agency or eligible BIA-funded school that receives emergency impact aid payments under this section may use not more than 2 percent of such payments for administrative expenses. In calculating funding under section 8003 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7703 ) for an eligible local educational agency that receives an emergency impact aid payment under this section, the Secretary shall not count displaced students served by such agency for whom an emergency impact aid payment is received under this section, nor shall such students be counted for the purpose of calculating the total number of children in average daily attendance at the schools served by such agency as provided in section 8003(b)(3)(B)(i) of such Act ( 20 U.S.C. 7703(b)(3)(B)(i) ). A State shall not take into consideration emergency impact aid payments received under this section by a local educational agency in the State in determining the eligibility of such local educational agency for State aid, or the amount of State aid, with respect to free public education of children.
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