Sec. 7004. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN
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## SEC. 7004 PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN **[**[20 U.S.C. 7703](/us/usc/t20/s7703)**]** Section 7003, as redesignated and amended by section 7001 of this Act, is further amended— ####
(1)in subsection (a)(5)(A), by striking “ to be children ” and all that follows through the period at the end and inserting > “or under lease of off-base property under subchapter IV of chapter 169 of title 10, United States Code, to be children described under paragraph (1)(B), if the property described is— > > > ###### “(i) > > within the fenced security perimeter of the military facility; or > > > ###### “(ii) > > attached to, and under any type of force protection agreement with, the military installation upon which such housing is situated.” > ; ####
(2)in subsection (b)— #####
(A)in paragraph (1)— ######
(i)by striking subparagraph (E); and ######
(ii)by redesignating subparagraphs
(F)and
(G)as subparagraphs
(E)and (F), respectively; #####
(B)in paragraph (2), by striking subparagraphs
(B)through
(H)and inserting the following: > > ##### “(B) Eligibility for heavily impacted local educational agencies > > > ###### “(i) In general > > A heavily impacted local educational agency is eligible to receive a basic support payment under subparagraph
(A)with respect to a number of children determined under subsection (a)(1) if the agency— > > > ###### “(I) > > is a local educational agency— > > > ###### “(aa) > > whose boundaries are the same as a Federal military installation or an island property designated by the Secretary of the Interior to be property that is held in trust by the Federal Government; and > > > ###### “(bb) > > that has no taxing authority; > > > ###### “(II) > > is a local educational agency that— > > > ###### “(aa) > > has an enrollment of children described in subsection (a)(1) that constitutes a percentage of the total student enrollment of the agency that is not less than 45 percent; > > > ###### “(bb) > > has a per-pupil expenditure that is less than— > > > ###### “(AA) > > for an agency that has a total student enrollment of 500 or more students, 125 percent of the average per-pupil expenditure of the State in which the agency is located; or > > > ###### “(BB) > > for any agency that has a total student enrollment of less than 500 students, 150 percent of the average per-pupil expenditure of the State in which the agency is located or the average per-pupil expenditure of 3 or more comparable local educational agencies in the State in which the agency is located; and > > > ###### “(cc) > > is an agency that has a tax rate for general fund purposes that is not less than 95 percent of the average tax rate for general fund purposes of comparable local educational agencies in the State; > > > ###### “(III) > > is a local educational agency that— > > > ###### “(aa) > > has a tax rate for general fund purposes which is not less than 125 percent of the average tax rate for general fund purposes for comparable local educational agencies in the State; and > > > ###### “(bb) > > > ######
(AA)> > has an enrollment of children described in subsection (a)(1) that constitutes a percentage of the total student enrollment of the agency that is not less than 30 percent; or > > > ###### “(BB) > > has an enrollment of children described in subsection (a)(1) that constitutes a percentage of the total student enrollment of the agency that is not less than 20 percent, and for the 3 fiscal years preceding the fiscal year for which the determination is made, the average enrollment of children who are not described in subsection (a)(1) and who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act constitutes a percentage of the total student enrollment of the agency that is not less than 65 percent; > > > ###### “(IV) > > is a local educational agency that has a total student enrollment of not less than 25,000 students, of which— > > > ###### “(aa) > > not less than 50 percent are children described in subsection (a)(1); and > > > ###### “(bb) > > not less than 5,000 of such children are children described in subparagraphs
(A)and
(B)of subsection (a)(1); or > > > ###### “(V) > > is a local educational agency that— > > > ###### “(aa) > > has an enrollment of children described in subsection (a)(1) including, for purposes of determining eligibility, those children described in subparagraphs
(F)and
(G)of such subsection, that is not less than 35 percent of the total student enrollment of the agency; > > > ###### “(bb) > > has a per-pupil expenditure described in subclause (II)(bb) (except that a local educational agency with a total student enrollment of less than 350 students shall be deemed to have satisfied such per-pupil expenditure requirement) and has a tax rate for general fund purposes which is not less than 95 percent of the average tax rate for general fund purposes for comparable local educational agencies in the State; and > > > ###### “(cc) > > was eligible to receive assistance under subparagraph
(A)for fiscal year 2001. > > > ###### “(ii) Loss of eligibility > > > ###### “(I) In general > > Subject to subclause (II), a heavily impacted local educational agency that met the requirements of clause
(i)for a fiscal year shall be ineligible to receive a basic support payment under subparagraph
(A)if the agency fails to meet the requirements of clause
(i)for a subsequent fiscal year, except that such agency shall continue to receive a basic support payment under this paragraph for the fiscal year for which the ineligibility determination is made. > > > ###### “(II) Loss of eligibility due to falling below 95 percent of the average tax rate for general fund purposes > > In the case of a heavily impacted local educational agency described in subclause
(II)or
(V)of clause
(i)that is eligible to receive a basic support payment under subparagraph (A), but that has had, for 2 consecutive fiscal years, a tax rate for general fund purposes that falls below 95 percent of the average tax rate for general fund purposes of comparable local educational agencies in the State, such agency shall be determined to be ineligible under clause
(i)and ineligible to receive a basic support payment under subparagraph
(A)for each fiscal year succeeding such 2 consecutive fiscal years for which the agency has such a tax rate for general fund purposes, and until the fiscal year for which the agency resumes such eligibility in accordance with clause (iii). > > > ###### “(III) Taken over by state board of education > > In the case of a heavily impacted local educational agency that is eligible to receive a basic support payment under subparagraph (A), but that has been taken over by a State board of education in any 2 previous years, such agency shall be deemed to maintain heavily impacted status for 2 fiscal years following the date of enactment of the Every Student Succeeds Act. > > > ###### “(iii) Resumption of eligibility > > A heavily impacted local educational agency described in clause
(i)that becomes ineligible under such clause for 1 or more fiscal years may resume eligibility for a basic support payment under this paragraph for a subsequent fiscal year only if the agency meets the requirements of clause
(i)for that subsequent fiscal year, except that such agency shall not receive a basic support payment under this paragraph until the fiscal year succeeding the fiscal year for which the eligibility determination is made. > > > ##### “(C) Maximum amount for heavily impacted local educational agencies > > > ###### “(i) In general > > Except as provided in subparagraph (D), the maximum amount that a heavily impacted local educational agency is eligible to receive under this paragraph for any fiscal year is the sum of the total weighted student units, as computed under subsection (a)(2) and subject to clause (ii), multiplied by the greater of— > > > ###### “(I) > > four-fifths of the average per-pupil expenditure of the State in which the local educational agency is located for the third fiscal year preceding the fiscal year for which the determination is made; or > > > ###### “(II) > > four-fifths of the average per-pupil expenditure of all of the States for the third fiscal year preceding the fiscal year for which the determination is made. > > > ###### “(ii) Calculation of weighted student units > > > ###### “(I) In general > > > ###### “(aa) Percentage enrollment > > For a local educational agency in which 35 percent or more of the total student enrollment of the schools of the agency are children described in subparagraph
(D)or
(E)(or a combination thereof) of subsection (a)(1), and that has an enrollment of children described in subparagraph (A), (B), or
(C)of such subsection equal to at least 10 percent of the agency’s total enrollment, the Secretary shall calculate the weighted student units of those children described in subparagraph
(D)or
(E)of such subsection by multiplying the number of such children by a factor of 0.55. > > > ###### “(bb) Exception > > Notwithstanding item (aa), a local educational agency that received a payment under this paragraph for fiscal year 2013 shall not be required to have an enrollment of children described in subparagraph (A), (B), or
(C)of subsection (a)(1) equal to at least 10 percent of the agency’s total enrollment and shall be eligible for the student weight as provided for in item (aa). > > > ###### “(II) Enrollment of 100 or fewer children > > For a local educational agency that has an enrollment of 100 or fewer children described in subsection (a)(1), the Secretary shall calculate the total number of weighted student units for purposes of subsection (a)(2) by multiplying the number of such children by a factor of 1.75. > > > ###### “(III) Enrollment of more than 100 children but less than 1000 > > For a local educational agency that is not described under subparagraph (B)(i)(I) and has an enrollment of more than 100 but not more than 1,000 children described in subsection (a)(1), the Secretary shall calculate the total number of weighted student units for purposes of subsection (a)(2) by multiplying the number of such children by a factor of 1.25. > > > ##### “(D) Maximum amount for large heavily impacted local educational agencies > > > ###### “(i) In general > > > ###### “(I) Formula > > Subject to clause (ii), the maximum amount that a heavily impacted local educational agency described in subclause
(II)is eligible to receive under this paragraph for any fiscal year shall be determined in accordance with the formula described in paragraph (1)(C). > > > ###### “(II) Heavily impacted local educational agency > > A heavily impacted local educational agency described in this subclause is a local educational agency that has a total student enrollment of not less than 25,000 students, of which not less than 50 percent are children described in subsection (a)(1) and not less than 5,000 of such children are children described in subparagraphs
(A)and
(B)of subsection (a)(1). > > > ###### “(ii) Factor > > For purposes of calculating the maximum amount described in clause (i), the factor used in determining the weighted student units under subsection (a)(2) with respect to children described in subparagraphs
(A)and
(B)of subsection (a)(1) shall be 1.35. > > > ##### “(E) Data > > For purposes of providing assistance under this paragraph, the Secretary shall use student, revenue, expenditure, and tax data from the third fiscal year preceding the fiscal year for which the local educational agency is applying for assistance under this paragraph. > > > ##### “(F) Determination of average tax rates for general fund purposes > > > ###### “(i) In general > > Except as provided in clause (ii), for the purpose of determining the average tax rates for general fund purposes for local educational agencies in a State under this paragraph, the Secretary shall use either— > > > ###### “(I) > > the average tax rate for general fund purposes for comparable local educational agencies, as determined by the Secretary in regulations; or > > > ###### “(II) > > the average tax rate of all the local educational agencies in the State. > > > ###### “(ii) Fiscal years 2010-2015 > > > ###### “(I) In general > > For fiscal years 2010 through 2015, any local educational agency that was found ineligible to receive a payment under subparagraph
(A)because the Secretary determined that it failed to meet the average tax rate requirement for general fund purposes in subparagraph (B)(i)(II)(cc), shall be considered to have met that requirement, if its State determined, through an alternate calculation of average tax rates for general fund purposes, that such local educational agency met that requirement. > > > ###### “(II) Subsequent fiscal years after 2015 > > For any succeeding fiscal year after 2015, any local educational agency identified in subclause
(I)may continue to have its State use that alternate methodology to calculate whether the average tax rate requirement for general fund purposes under subparagraph (B)(i)(II)(cc) is met. > > > ###### “(III) Availability of funds > > Notwithstanding any other provision of law limiting the period during which the Secretary may obligate funds appropriated for any fiscal year after 2012, the Secretary shall reserve a total of $14,000,000 from funds that remain unobligated under this section from fiscal years 2015 or 2016 in order to make payments under this clause for fiscal years 2011 through 2014. > > > ##### “(G) Eligibility for heavily impacted local educational agencies affected by privatization of military housing > > > ###### “(i) Eligibility > > For any fiscal year, a heavily impacted local educational agency that received a basic support payment under this paragraph for the prior fiscal year, but is ineligible for such payment for the current fiscal year under subparagraph
(B)due to the conversion of military housing units to private housing described in clause (iii), or as the direct result of base realignment and closure or modularization as determined by the Secretary of Defense and force structure change or force relocation, shall be deemed to meet the eligibility requirements under subparagraph
(B)for the period during which the housing units are undergoing such conversion or during such time as activities associated with base closure and realignment, modularization, force structure change, or force relocation are ongoing. > > > ###### “(ii) Amount of payment > > The amount of a payment to a heavily impacted local educational agency for a fiscal year by reason of the application of clause (i), and calculated in accordance with subparagraph
(C)or (D), as the case may be, shall be based on the number of children in average daily attendance in the schools of such agency for the fiscal year and under the same provisions of subparagraph
(C)or
(D)under which the agency was paid during the prior fiscal year. > > > ###### “(iii) Conversion of military housing units to private housing described > > For purposes of clause (i), ‘conversion of military housing units to private housing’ means the conversion of military housing units to private housing units pursuant to subchapter IV of chapter 169 of title 10, United States Code, or pursuant to any other related provision of law.” > ; #####
(C)in paragraph (3)— ######
(i)in subparagraph (B), by striking clause
(iii)and inserting the following: > > ###### “(iii) > > In the case of a local educational agency providing a free public education to students enrolled in kindergarten through grade 12, that enrolls students described in subparagraphs (A), (B), and
(D)of subsection (a)(1) only in grades 9 through 12, and that received a final payment for fiscal year 2009 calculated under section 8003(b)(3) (as such section was in effect on the day before the date of enactment of the Every Student Succeeds Act) for students in grades 9 through 12, the Secretary shall, in calculating the agency’s payment, consider only that portion of such agency’s total enrollment of students in grades 9 through 12 when calculating the percentage under clause (i)(I) and only that portion of the total current expenditures attributed to the operation of grades 9 through 12 in such agency when calculating the percentage under clause (i)(II).” > ; ######
(ii)in subparagraph (C), by striking “subparagraph
(D)or
(E)of paragraph (2), as the case may be” and inserting “subparagraph
(C)or
(D)of paragraph (2), as the case may be”; and ######
(iii)by striking subparagraph
(D)and inserting the following: > > ##### “(D) Ratable distribution > > For fiscal years described in subparagraph (A), for which the sums available exceed the amount required to pay each local educational agency 100 percent of its threshold payment, the Secretary shall distribute the excess sums to each eligible local educational agency that has not received its full amount computed under paragraphs
(1)or
(2)(as the case may be) by multiplying— > > > ###### “(i) > > a percentage, the denominator of which is the difference between the full amount computed under paragraph
(1)or
(2)(as the case may be) for all local educational agencies and the amount of the threshold payment (as calculated under subparagraphs
(B)and (C)) of all local educational agencies, and the numerator of which is the aggregate of the excess sums, by > > > ###### “(ii) > > the difference between the full amount computed under paragraph
(1)or
(2)(as the case may be) for the agency and the amount of the threshold payment (as calculated under subparagraphs
(B)or (C)) of the agency, except that no local educational agency shall receive more than 100 percent of the maximum payment calculated under subparagraph
(C)or
(D)of paragraph (2). > > > ##### “(E) Insufficient payments > > For each fiscal year described in subparagraph
(A)for which the sums appropriated are insufficient to pay each local educational agency all of the local educational agency’s threshold payment described in subparagraph (B), the Secretary shall ratably reduce the payment to each local educational agency under this paragraph. > > > ##### “(F) Increases > > > ###### “(i) Increases based on insufficient funds > > If additional funds become available under 7014(b) for making payments under paragraphs
(1)and
(2)and those funds are not sufficient to increase each local educational agency’s threshold payment above 100 percent of its threshold payment described in subparagraph (B), payments that were reduced under subparagraph
(E)shall be increased by the Secretary on the same basis as such payments were reduced. > > > ###### “(ii) Increases based on sufficient funds > > If additional funds become available under section 7014(b) for making payments under paragraphs
(1)and
(2)and those funds are sufficient to increase each local educational agency’s threshold payment above 100 percent of its threshold payment described in subparagraph (B), the payment for each local educational agency shall be 100 percent of its threshold payment. The Secretary shall then distribute the excess sums to each eligible local educational agency in accordance with subparagraph (D). > > > ##### “(G) Provision of tax rate and resulting percentage > > As soon as practicable following the payment of funds under paragraph
(2)to an eligible local educational agency, the Secretary shall provide the local educational agency with a description of— > > > ###### “(i) > > the tax rate of the local educational agency; and > > > ###### “(ii) > > the percentage such tax rate represents of the average tax rate for general fund purposes of comparable local educational agencies in the State as determined under subclauses (II)(cc), III(aa), or (V)(bb) of paragraph (2)(B)(i) (as the case may be).” > ; and #####
(D)in paragraph (4)— ######
(i)in subparagraph (A), by striking “through (D)” and inserting “and (C)”; and ######
(ii)in subparagraph (B), by striking “subparagraph
(D)or (E)” and inserting “subparagraph
(C)or (D)”; ####
(3)in subsection (c), by striking paragraph
(2)and inserting the following: > > #### “(2) Exception > > Calculation of payments for a local educational agency shall be based on data from the fiscal year for which the agency is making an application for payment if such agency— > > > ##### “(A) > > is newly established by a State, for the first year of operation of such agency only; > > > ##### “(B) > > was eligible to receive a payment under this section for the previous fiscal year and has had an overall increase in enrollment (as determined by the Secretary in consultation with the Secretary of Defense, the Secretary of the Interior, or the heads of other Federal agencies)— > > > ###### “(i) > > > ######
(I)> > of not less than 10 percent of children described in— > > > ###### “(aa) > > subparagraph (A), (B), (C), or
(D)of subsection (a)(1); or > > > ###### “(bb) > > subparagraphs
(F)and
(G)of subsection (a)(1), but only to the extent that such children are civilian dependents of employees of the Department of Defense or the Department of the Interior; or > > > ###### “(II) > > of not less than 100 of such children; and > > > ###### “(ii) > > that is the direct result of closure or realignment of military installations under the base closure process or the relocation of members of the Armed Forces and civilian employees of the Department of Defense as part of the force structure changes or movements of units or personnel between military installations or because of actions initiated by the Secretary of the Interior or the head of another Federal agency; or > > > ##### “(C) > > was eligible to receive a payment under this section for the previous fiscal year and has had an increase in enrollment (as determined by the Secretary)— > > > ###### “(i) > > of not less than 10 percent of children described in subsection (a)(1) or not less than 100 of such children; and > > > ###### “(ii) > > that is the direct result of the closure of a local educational agency that received a payment under subsection (b)(1) or (b)(2) for the previous fiscal year.” > ; ####
(4)in subsection (d)(1), by striking “section 8014(c)” and inserting “section 7014(c)”; ####
(5)in subsection (e)— #####
(A)by redesignating paragraph
(3)as paragraph (4); #####
(B)by striking paragraphs
(1)and
(2)and inserting the following: > > #### “(1) In general > > In the case of any local educational agency eligible to receive a payment under subsection
(b)whose calculated payment amount for a fiscal year is reduced by 20 percent, as compared to the amount received for the previous fiscal year, the Secretary shall pay the local educational agency, for the year of the reduction and the following 2 years, the amount determined under paragraph (2). > > > #### “(2) Amount of reduction > > Subject to paragraph (3), A local educational agency described in paragraph
(1)shall receive— > > > ##### “(A) > > for the first year for which the reduced payment is determined, an amount that is not less than 90 percent of the total amount that the local educational agency received under subsection
(b)for the previous fiscal year; > > > ##### “(B) > > for the second year following such reduction, an amount that is not less than 85 percent of the total amount that the local educational agency received under subparagraph (A); and > > > ##### “(C) > > for the third year following such reduction, an amount that is not less than 80 percent of the total amount that the local educational agency received under subparagraph (B). > > > #### “(3) Special rule > > For any fiscal year for which a local educational agency would receive a payment under subsection
(b)in excess of the amount determined under paragraph (2), the payment received by the local educational agency for such fiscal year shall be calculated under paragraph
(1)or
(2)of subsection (b).” > ; and ####
(6)by striking subsection (g).
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Sec. 7004
PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN
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