Sec. 70111. Need-based grants to qualified local educational agencies
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Subject to paragraph (2), from the amounts allocated to a State under section 70102(a) and contributed by the State under section 70102(c)(1), the State shall award grants to qualified local educational agencies, on a competitive basis, to carry out the activities described in section 70112(a). A State may use up to 10 percent of the amount described in paragraph
(1)to make grants to qualified local educational agencies carry out activities to improve digital learning in accordance with section 70112(b). To be eligible to receive a grant under this section a qualified local educational agency— shall be among the local educational agencies in the State with the highest numbers or percentages of students counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6333(c) ); shall agree to prioritize the improvement of the facilities of public schools that serve the highest percentages 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.) (which, in the case of a high school, may be calculated using comparable data from the schools that feed into the high school), as compared to other public schools in the jurisdiction of the agency; and may be among the local educational agencies in the State— with the greatest need to improve public school facilities, as determined by the State, which may include consideration of threats posed by the proximity of the facilities to toxic sites or brownfield sites or the vulnerability of the facilities to natural disasters; and with the most limited capacity to raise funds for the long-term improvement of public school facilities, as determined by an assessment of— the current and historic ability of the agency to raise funds for construction, renovation, modernization, and major repair projects for schools; whether the agency has been able to issue bonds or receive other funds to support school construction projects; and the bond rating of the agency. The State shall ensure that grants under this section are awarded to qualified local educational agencies that represent the geographic diversity of the State. The State shall establish reasonable thresholds for determining whether a local educational agency is among agencies in the State with the highest numbers or percentages of students counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6333(c) ) as required under paragraph (1)(A). In awarding grants under this section, the State— subject to paragraph (2), shall give priority to qualified local educational agencies that— demonstrate the greatest need for such a grant, as determined by a comparison of the factors described in subsection (b)(1) and other indicators of need in the public school facilities of such local educational agencies, including— the median age of facilities; the extent to which student enrollment exceeds physical and instructional capacity; the condition of major building systems such as heating, ventilation, air conditioning, electrical, water, and sewer systems; the condition of roofs, windows, and doors; and other critical health and safety conditions; and will use the grant to improve the facilities of— elementary schools or middle schools that have an enrollment 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.) that constitutes not less than 40 percent of the total student enrollment at such schools; or high schools that have an enrollment of students who are eligible for a free or reduced price lunch under such Act that constitutes not less than 30 percent of the total student enrollment at such schools (which may be calculated using comparable data from the schools that feed into the high school); and operate public school facilities that pose a severe health and safety threat to students and staff, which may include a threat posed by the proximity of the facilities to toxic sites or the vulnerability of the facilities to natural disasters; with respect to grants awarded for fiscal year 2020, shall give priority to local educational agencies described in paragraph
(1)that will use the grant to improve the facilities of schools described in paragraph (1)(B) to support indoor and outdoor social distancing, personal hygiene, and building hygiene (including with respect to HVAC usage and ventilation) in schools, consistent with guidance issued by the Centers for Disease Control and Prevention; and may give priority to qualified local educational agencies that— will use the grant to improve access to high-speed broadband sufficient to support digital learning accordance with section 70112(b); serve elementary schools or secondary schools, including rural schools, that lack such access; and meet one or more of the requirements set forth in subparagraphs
(A)through
(C)of paragraph (1). To be considered for a grant under this section, a qualified local educational agency shall submit an application to the State at such time, in such manner, and containing such information as the State may require. Such application shall include, at minimum— the information necessary for the State to make the determinations under subsections
(b)and (c); a description of the projects that the agency plans to carry out with the grant; an explanation of how such projects will reduce risks to the health and safety of staff and students at schools served by the agency; and 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. Not later than 180 days after receiving a grant under this section, a qualified local educational agency shall submit to the State 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 toxic substances; 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 (as of the date of application) on the design of current and future public school facilities, as well as the financial implications of such enrollment levels; the dollar amount and percentage of funds the local educational agency will dedicate to capital construction projects for public school facilities, including— any funds in the budget of the agency that will be dedicated to such projects; and any funds not in the budget of the agency that will be dedicated to such projects, including any funds available to the agency as the result of a bond issue; and the dollar amount and percentage of funds the local educational agency will dedicate to the maintenance and operation of public school facilities, including— any funds in the budget of the agency that will be dedicated to the maintenance and operation of such facilities; and any funds not in the budget of the agency that will be dedicated to the maintenance and operation of such facilities. In developing the facilities master plan required under paragraph (1)— a 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 in addition to the consultation required under subparagraph (A), a Bureau-funded school shall consult with the Bureau of Indian Education. A qualified local educational agency shall use a grant received under this section only to supplement the level of Federal, State, and local public funds that would, in the absence of such grant, be made available for the activities supported by the grant, and not to supplant such funds.
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