Sec. 364. ASSISTANCE FOR MAINTENANCE, REPAIR, AND RENOVATION OF SCHOOL FACILITIES THAT SERVE DEPENDENTS OF MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES
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## SEC. 364 ASSISTANCE FOR MAINTENANCE, REPAIR, AND RENOVATION OF SCHOOL FACILITIES THAT SERVE DEPENDENTS OF MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES ###
(a)Repair and Renovation Assistance ####
(1)During fiscal year 2001, the Secretary of Defense may make a grant to an eligible local educational agency to assist the agency to repair and renovate— #####
(A)an impacted school facility that is used by significant numbers of military dependent students; or #####
(B)a school facility that was a former Department of Defense domestic dependent elementary or secondary school. ####
(2)Authorized repair and renovation projects may include repairs and improvements to an impacted school facility (including the grounds of the facility) designed to ensure compliance with the requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) or local health and safety ordinances, to meet classroom size requirements, or to accommodate school population increases. ####
(3)The total amount of assistance provided under this subsection to an eligible local educational agency may not exceed $2,500,000 during fiscal year 2001. ###
(b)Maintenance Assistance ####
(1)During fiscal year 2001, the Secretary of Defense may make a grant to an eligible local educational agency whose boundaries are the same as a military installation to assist the agency to maintain an impacted school facility, including the grounds of such a facility. ####
(2)The total amount of assistance provided under this subsection to an eligible local educational agency may not exceed $250,000 during fiscal year 2001. ###
(c)Determination of Eligible Local Educational Agencies ####
(1)A local educational agency is an eligible local educational agency under this section only if the Secretary of Defense determines that the local educational agency has— #####
(A)one or more federally impacted school facilities; and #####
(B)satisfies at least one of the following eligibility requirements: ######
(i)The local educational agency is eligible to receive assistance under subsection
(f)of section 8003 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703) and at least 10 percent of the students who were in average daily attendance in the schools of such agency during the preceding school year were students described under paragraph (1)(A) or (1)(B) of section 8003(a) of the Elementary and Secondary Education Act of 1965. ######
(ii)At least 35 percent of the students who were in average daily attendance in the schools of the local educational agency during the preceding school year were students described under paragraph (1)(A) or (1)(B) of section 8003(a) of the Elementary and Secondary Education Act of 1965. ######
(iii)The State education system and the local educational agency are one and the same. ####
(2)A local educational agency is also an eligible local educational agency under this section if the local educational agency has a school facility that was a former Department of Defense domestic dependent elementary or secondary school, but assistance provided under subsection
(a)may only be used to repair and renovate that specific facility. ###
(d)Notification of Eligibility Not later than April 30, 2001, the Secretary of Defense shall notify each local educational agency identified under subsection
(c)that the local educational agency is eligible to apply for a grant under subsection (a), subsection (b), or both subsections. ###
(e)Relation to Impact Aid Construction Assistance A local education agency that receives a grant under subsection
(a)to repair and renovate a school facility may not also receive a payment for school construction under section 8007 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7707) for fiscal year 2001. ###
(f)Grant Considerations In determining which eligible local educational agencies will receive a grant under this section, the Secretary of Defense shall take into consideration the following conditions and needs at impacted school facilities of eligible local educational agencies: ####
(1)The repair or renovation of facilities is needed to meet State mandated class size requirements, including student-teacher ratios and instructional space size requirements. ####
(2)There is an increase in the number of military dependent students in facilities of the agency due to increases in unit strength as part of military readiness. ####
(3)There are unhoused students on a military installation due to other strength adjustments at military installations. ####
(4)The repair or renovation of facilities is needed to address any of the following conditions: #####
(A)The condition of the facility poses a threat to the safety and well-being of students. #####
(B)The requirements of the Americans with Disabilities Act of 1990. #####
(C)The cost associated with asbestos removal, energy conservation, or technology upgrades. #####
(D)Overcrowding conditions as evidenced by the use of trailers and portable buildings and the potential for future overcrowding because of increased enrollment. ####
(5)The repair or renovation of facilities is needed to meet any other Federal or State mandate. ####
(6)The number of military dependent students as a percentage of the total student population in the particular school facility. ####
(7)The age of facility to be repaired or renovated. ###
(g)Definitions In this section: ####
(1)Local educational agency The term “**local educational agency**” has the meaning given that term in section 8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)). ####
(2)Impacted school facility The term “**impacted school facility**” means a facility of a local educational agency— #####
(A)that is used to provide elementary or secondary education at or near a military installation; and #####
(B)at which the average annual enrollment of military dependent students is a high percentage of the total student enrollment at the facility, as determined by the Secretary of Defense. ####
(3)Military dependent students The term “**military dependent students**” means students who are dependents of members of the armed forces or Department of Defense civilian employees. ####
(4)Military installation The term “**military installation**” has the meaning given that term in section 2687(e) of title 10, United States Code. ###
(h)Funding Source The amount authorized to be appropriated under section 301(25) for Quality of Life Enhancements, Defense-Wide, shall be available to the Secretary of Defense to make grants under this section.
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Sec. 364
ASSISTANCE FOR MAINTENANCE, REPAIR, AND RENOVATION OF SCHOOL FACILITIES THAT SERVE DEPENDENTS OF MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES
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