I 

111TH CONGRESS 

1ST SESSION H. R. 2280 

To reauthorize the impact aid program under the Elementary and Secondary 

Education Act of 1965. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 6, 2009 

Ms. HIRONO (for herself, Mr. TERRY, Mr. KISSELL, Mr. YOUNG of Alaska, 

Mr. MCINTYRE, Mrs. CAPPS, Mr. GONZALEZ, Mr. DICKS, Mr. COSTELLO, 

Mr. LARSEN of Washington, and Mr. SIRES) introduced the following bill; 

which was referred to the Committee on Education and Labor 

A BILL 

To reauthorize the impact aid program under the Elementary 

and Secondary Education Act of 1965. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fair Funding for 

5 Schools Act of 2009’’. 

6 SEC. 2. PAYMENTS RELATING TO FEDERAL ACQUISITION 

7 OF REAL PROPERTY. 

8 Section 8002 of the Elementary and Secondary Edu9 cation Act of 1965 (20 U.S.C. 7702) is amended— 


jbell on PROD1PC69 with BILLS
2 

•HR 2280 IH

1 (1) in subsection (a)(1)(C), by amending the 

2 matter preceding clause (i) to read as follows: 

3 ‘‘(C) had an assessed value (according to 

4 original records (including facsimiles or other 

5 reproductions of those records) documenting 

6 the assessed value of such property (determined 

7 as of the time or times when so acquired) pre8 pared by a legally authorized official or other 

9 records that the Secretary determines to be ap10 propriate and reliable, including Federal agency 

11 records or local historical records) aggregating 

12 10 percent or more of the assessed value 

13 of—’’; 

14 (2) in subsection (f) by striking paragraphs (4) 

15 and (5); 

16 (3) in subsection (h) by striking paragraphs (1) 

17 through (4) and inserting the following: 

18 ‘‘(1) FOUNDATION PAYMENTS FOR CURRENT

19 ELIGIBLE LOCAL EDUCATIONAL AGENCIES.— 

20 ‘‘(A) IN GENERAL.—The Secretary shall 

21 first make a foundation payment to each local 

22 educational agency that was eligible for a pay23 ment under this section for fiscal year 2006. 

24 ‘‘(B) AMOUNT.—The amount of payment 

25 under subparagraph (A) for a local educational 


jbell on PROD1PC69 with BILLS
3 

•HR 2280 IH

1 agency shall be equal to 90 percent of the 

2 amount received by such local educational agen3 cy under subsection (a) for fiscal year 2006. 

4 ‘‘(C) INSUFFICIENT APPROPRIATIONS.—If 

5 the amount appropriated under section 8014(a) 

6 is insufficient to pay the full amount deter7 mined under this paragraph for all eligible local 

8 educational agencies for the fiscal year, then 

9 the Secretary shall ratably reduce the payment 

10 to each local educational agency under this 

11 paragraph. 

12 ‘‘(2) FOUNDATION PAYMENTS FOR LOCAL EDU13 CATIONAL AGENCIES DEEMED ELIGIBLE AFTER FIS14 CAL YEAR 2006.— 

15 ‘‘(A) IN GENERAL.—From the funds re16 maining after making payments under para17 graph (1), the Secretary shall make a founda18 tion payment to each local educational agency 

19 eligible for a payment under this section after 

20 fiscal year 2006 for the first fiscal year after 

21 fiscal year 2006 such local educational agency 

22 is eligible for such payment. 

23 ‘‘(B) AMOUNTS.—The amount of a pay24 ment under subparagraph (A) for a local edu25 cational agency shall be determined as follows: 


jbell on PROD1PC69 with BILLS
4 

•HR 2280 IH

1 ‘‘(i) Calculate the local educational 

2 agency’s maximum payment under sub3 section (b). 

4 ‘‘(ii) Calculate the percentage that the 

5 amount appropriated under section 

6 8014(a) for the most recent fiscal year for 

7 which the Secretary has completed making 

8 payments under this section is of the total 

9 maximum payments for such fiscal year for 

10 all eligible local educational agencies and 

11 multiply the agency’s maximum payment 

12 by such percentage. 

13 ‘‘(iii) Multiply the amount determined 

14 under clause (ii) by 90 percent. 

15 ‘‘(3) REMAINING FUNDS.—From any funds re16 maining after making payments under paragraphs 

17 (1) and (2) for a fiscal year, the Secretary shall 

18 make a payment to each local educational agency 

19 that receives a foundation payment under paragraph 

20 (1) or (2) for the fiscal year in an amount that 

21 bears the same relation to the funds remaining as a 

22 percentage share determined for the local edu23 cational agency (by dividing the maximum amount 

24 that the agency is eligible to receive under sub25 section (b) by the total of the maximum amounts for 


jbell on PROD1PC69 with BILLS
5 

•HR 2280 IH

1 all such agencies) bears to the percentage share de2 termined (in the same manner) for all local edu3 cational agencies eligible to receive a payment under 

4 this section for the fiscal year, except that, for the 

5 purpose of calculating a local educational agency’s 

6 maximum payment under subsection (b), data from 

7 the most current fiscal year shall be used.’’; 

8 (4) by striking subsections (i), (k), and (m); 

9 and 

10 (5) by redesignating subsection (l) and (n) as 

11 (i) and (j), respectively. 

12 SEC. 3. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED 

13 CHILDREN. 

14 Section 8003 of that Act (20 U.S.C. 7703) is amend15 ed— 

16 (1) in subsection (a)— 

17 (A) in paragraph (1), in the matter pre18 ceding subparagraph (A), by inserting after 

19 ‘‘such agency,’’ the following: ‘‘including those 

20 children enrolled in a State that has a State 

21 open enrollment policy (but not including chil22 dren enrolled in a distance learning program 

23 not residing within the geographic boundaries 

24 of the agency),’’; 

25 (B) in paragraph (2)— 


jbell on PROD1PC69 with BILLS
6 

•HR 2280 IH

1 (i) by redesignating subparagraphs 

2 (D) through (F) as (E) through (G), re3 spectively; 

4 (ii) by inserting after subparagraph 

5 (C) the following: 

6 ‘‘(D) Multiply the number of children de7 scribed in subparagraphs (A) and (B) of para8 graph (1) by a factor of 1.35 if the local edu9 cational agency has a total student enrollment 

10 of not less that 25,000 students, of which not 

11 less than 50 percent are children described in 

12 paragraph (1) and not less than 6,000 are chil13 dren described in subparagraphs (A) and (B) of 

14 paragraph (1).’’; and 

15 (iii) in subparagraph (F) (as so redes16 ignated) by striking ‘‘.10’’ and inserting 

17 ‘‘.05’’; 

18 (C) in paragraph (4)(B), in each of clauses 

19 (i)(I) and (ii)(I), by striking ‘‘3 fiscal years’’ 

20 and inserting ‘‘4 fiscal years’’; and 

21 (D) in paragraph (5)(A) by inserting after 

22 ‘‘1984,’’ the following: ‘‘or under lease of off23 base property under subchapter IV of chapter 

24 169 of part IV on subtitle A of title 10, United 

25 States Code (10 U.S.C. 2871 et. seq.),’’; 


jbell on PROD1PC69 with BILLS
7 

•HR 2280 IH

1 (2) subsection (b)(2)— 

2 (A) in subparagraph (B)— 

3 (i) in the subparagraph heading by 

4 striking ‘‘CONTINUING’’; 

5 (ii) in clause (i) by striking subclauses 

6 (I) and (II) and inserting the following: 

7 ‘‘(I) is a local educational agency 

8 whose boundaries are the same as a 

9 Federal military installation or the 

10 boundaries are the same as island 

11 property designated by the Secretary 

12 of the Interior to be property that is 

13 held in trust by the Federal Govern14 ment and the agency has no taxing 

15 authority, or the agency; 

16 ‘‘(II) has an enrollment of chil17 dren described in subsection (a)(1) 

18 that constitutes a percentage of the 

19 total student enrollment of the agency 

20 that is not less than 40 percent; 

21 ‘‘(III) has a per-pupil expendi22 ture that is less than— 

23 ‘‘(aa) for a local educational 

24 agency that has a total student 

25 enrollment of 350 or more stuVerDate Nov 24 2008 02:40 May 08, 2009 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2280.IH H2280

jbell on PROD1PC69 with BILLS
8 

•HR 2280 IH

1 dents, 120 percent of the average 

2 per-pupil expenditure of the 

3 State in which the agency is lo4 cated; or 

5 ‘‘(bb) for a local educational 

6 agency that has a total student 

7 enrollment of less than 350— 

8 ‘‘(AA) 120 percent of 

9 the average per-pupil ex10 penditure of the State in 

11 which the agency is located; 

12 or 

13 ‘‘(BB) the average per14 pupil expenditure of 3 com15 parable local educational 

16 agencies in the State in 

17 which the agency is located; 

18 ‘‘(IV) has a tax rate for general 

19 fund purposes that is at least 95 per20 cent of the average tax rate for gen21 eral fund purposes of comparable local 

22 educational agencies in the State; 

23 ‘‘(V) for a local educational agen24 cy that has an enrollment of children 

25 described in subsection (a)(1) that 


jbell on PROD1PC69 with BILLS
9 

•HR 2280 IH

1 constitutes a percentage of the total 

2 student enrollment of the agency 

3 which is not less than 30 percent, and 

4 has a tax rate for general fund pur5 poses which is not less that 125 per6 cent of the average tax rate for gen7 eral fund purposes for comparable 

8 local educational agencies in the 

9 State; and 

10 ‘‘(VI) for a local educational 

11 agency that was eligible to receive a 

12 payment under this subsection for fis13 cal year 2008 and is located in a 

14 State that by State law has eliminated 

15 ad valorem tax as a revenue source 

16 for local educational agencies, the Sec17 retary shall consider such agency as 

18 meeting the requirements of subclause 

19 (IV).’’; and 

20 (iii) by adding at the end of the fol21 lowing: 

22 ‘‘(iv) SPECIAL RULE.—Notwith23 standing clause (i)(II), a local educational 

24 agency shall be considered eligible to re25 ceive a basic support payment under subVerDate Nov 24 2008 02:40 May 08, 2009 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2280.IH H2280

jbell on PROD1PC69 with BILLS
10 

•HR 2280 IH

1 paragraph (A) with respect to the number 

2 of children determined under subsection 

3 (a)(1) if the agency— 

4 ‘‘(I) has an enrollment of chil5 dren described in subsection (a)(1), 

6 including, for purposes of determining 

7 eligibility, those children described in 

8 subparagraphs (F) and (G) of such 

9 subsection, that constitutes a percent10 age of the total student enrollment of 

11 the agency that is not less than 35 

12 percent; and 

13 ‘‘(II) was eligible to receive as14 sistance under subsection (b)(2) for 

15 fiscal year 2001.’’; 

16 (B) by striking subparagraphs (C), (D), 

17 and (E); 

18 (C) by inserting after subparagraph (B) 

19 the following: 

20 ‘‘(C) MAXIMUM AMOUNT FOR HEAVILY IM21 PACTED LOCAL EDUCATIONAL AGENCIES.— 

22 ‘‘(i) IN GENERAL.—The maximum 

23 amount that a heavily impacted local edu24 cational agency is eligible to receive under 

25 this paragraph for any fiscal year is the 


jbell on PROD1PC69 with BILLS
11 

•HR 2280 IH

1 sum of the total weighted student units, as 

2 computed under subsection (a)(2) and sub3 ject to clause (ii), multiplied by the greater 

4 of— 

5 ‘‘(I) four-fifths of the average 

6 per-pupil expenditure of the State in 

7 which the local educational agency is 

8 located for the third fiscal year pre9 ceding the fiscal year for which the 

10 determination is made; or 

11 ‘‘(II) four-fifths of the average 

12 per-pupil expenditure of all of the 

13 States for the third fiscal year pre14 ceding the fiscal year for which the 

15 determination is made. 

16 ‘‘(ii) SPECIAL RULE.—(I)(aa) For a 

17 local educational agency with respect to 

18 which 35 percent or more of the total stu19 dent enrollment of the schools of the agen20 cy are children described in subparagraphs 

21 (D) or (E) (or a combination thereof) of 

22 subsection (a)(1), and has an enrollment of 

23 children described in subparagraphs (A), 

24 (B), or (C) of such subsection equal to at 

25 least 10 percent of the agency’s total enVerDate Nov 24 2008 02:40 May 08, 2009 Jkt 079200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2280.IH H2280

jbell on PROD1PC69 with BILLS
12 

•HR 2280 IH

1 rollment, the Secretary shall calculate the 

2 weighted student units of those children 

3 described in subparagraphs (D) or (E) of 

4 such subsection by multiplying the number 

5 of such children by a factor of 0.55. 

6 ‘‘(bb) For any local educational agen7 cy that received a payment under this 

8 clause for fiscal year 2006, the local edu9 cational agency shall not be required to 

10 have an enrollment of children described in 

11 subparagraph (A), (B), or (C) of such sub12 section equal to at least 10 percent of the 

13 agency’s total enrollment. 

14 ‘‘(II) For a local educational agency 

15 that has an enrollment of 100 or fewer 

16 children described in subsection (a)(1), the 

17 Secretary shall calculate the total number 

18 of weighted student units for purposes of 

19 subsection (a)(2) by multiplying the num20 ber of such children by a factor of 1.75. 

21 ‘‘(III) For a local educational agency 

22 that does not qualify under subparagraph 

23 (B)(i)(I) of this subsection and has an en24 rollment of more than 100 but not more 

25 than 1000 children described in subsection 


jbell on PROD1PC69 with BILLS
13 

•HR 2280 IH

1 (a)(1), the Secretary shall calculate the 

2 total number of weighted student units for 

3 purposes of subsection (a)(2) by multi4 plying the number of such children by a 

5 factor of 1.25.’’; 

6 (D) by redesignating subparagraph (F) as 

7 (D) and, in that subparagraph— 

8 (i) by striking clause (ii); 

9 (ii) by striking ‘‘; and’’ at the end of 

10 clause (i) and inserting a period; and 

11 (iii) by striking ‘‘the Secretary’’ and 

12 all that follows through ‘‘shall use and in13 serting the Secretary shall use’’; 

14 (E) by redesignating subparagraph (G) as 

15 (E) and, in that subparagraph, in the matter 

16 preceding clause (i), by striking ‘‘(C)(i)(II)(bb)’’ 

17 and inserting ‘‘(B)(i)(II)(bb)’’; 

18 (F) by redesignating subparagraph (H) as 

19 (F) and, in that subparagraph— 

20 (i) in clause (i)— 

21 (I) by striking ‘‘(B), (C), (D), or 

22 (E),’’ and inserting ‘‘(B) or (C),’’; 

23 (II) by striking ‘‘by reason of’’ 

24 and inserting ‘‘due to’’; 


jbell on PROD1PC69 with BILLS
14 

•HR 2280 IH

1 (III) by inserting after ‘‘clause 

2 (iii),’’ the following: ‘‘or as the direct 

3 result of base realignment and closure 

4 or modularization as determined by 

5 the Secretary of Defense and force 

6 structure change or force relocation,’’; 

7 and 

8 (IV) by inserting before the pe9 riod at the end the following: ‘‘or dur10 ing such time as activities associated 

11 with base closure and realignment, 

12 modularization, force structure 

13 change, or force relocation is ongo14 ing’’; and 

15 (ii) in clause (ii) by striking ‘‘(D) or 

16 (E)’’ in both places such term appears and 

17 inserting ‘‘(C)’’; 

18 (3) in subsection (b)(3)(B)— 

19 (A) by redesignating clause (iv) as (v); and 

20 (B) by inserting after clause (iii) the fol21 lowing: 

22 ‘‘(iv) For any local educational agency 

23 that is providing a program of distant 

24 learning to children not residing within the 

25 geographic boundaries of the agency, the 


jbell on PROD1PC69 with BILLS
15 

•HR 2280 IH

1 Secretary shall disregard such children 

2 from such agency’s total enrollment when 

3 calculating the percentage under subclause 

4 (I) of clause (i) and shall disregard any 

5 funds received for such children when cal6 culating the total current expenditures at7 tributed to the operation of such agency 

8 when calculating the percentage under sub9 clause (II) of clause (i).’’; 

10 (4) in subsection (b)(3)(C) by striking ‘‘or (E) 

11 of paragraph (2), as the case may be’’ and inserting 

12 ‘‘of paragraph (2)’’. 

13 (5) in subsection (b)(3), by amending subpara14 graph (D) to read as follows: 

15 ‘‘(D) RATABLE DISTRIBUTION.—For any 

16 fiscal year described in subparagraph (A) for 

17 which the sums available exceed the amount re18 quired to pay each local educational agency 140 

19 percent of its threshold payment the Secretary 

20 shall distribute the excess sums to each eligible 

21 local educational agency that has not received 

22 its full amount computed under paragraphs (1) 

23 or (2) (as the case may be) by multiplying— 

24 ‘‘(i) a percentage, the denominator of 

25 which is the difference between the full 


jbell on PROD1PC69 with BILLS
16 

•HR 2280 IH

1 amount computed under paragraphs (1) or 

2 (2) (as the case may be) for all local edu3 cational agencies and the amount of the 

4 threshold payment as calculated under sub5 paragraphs (B) and (C) of all local edu6 cational agencies, and the numerator of 

7 which is the aggregate amount of the ex8 cess sums by: 

9 ‘‘(ii) the difference between the full 

10 amount computed under paragraphs (1) or 

11 (2) (as the case may be) for the agency 

12 and the amount of the threshold payment 

13 as calculated under subparagraphs (B) and 

14 (C) of the agency.’’; 

15 (6) in subsection (c) by amending paragraph 

16 (2) to read as follows: 

17 ‘‘(2) EXCEPTION.—Calculation of payments for 

18 a local educational agency shall be based on data 

19 from the fiscal year for which the agency is making 

20 an application for payment if such agency— 

21 ‘‘(A) is newly established by a State, for 

22 the first year of operation of such agency only; 

23 or 

24 ‘‘(B) was eligible to receive a payment 

25 under this section for the previous fiscal year 


jbell on PROD1PC69 with BILLS
17 

•HR 2280 IH

1 and has had an overall increase in enrollment 

2 (as determined by the Secretary of Education 

3 in consultation with the Secretary of Defense, 

4 the Secretary of Interior, or the heads of other 

5 Federal agencies)— 

6 ‘‘(i) of not less than 10 percent, or 

7 100 students, of children described in— 

8 ‘‘(I) subparagraph (A), (B), (C), 

9 or (D) of subsection (a)(1); or 

10 ‘‘(II) subparagraph (F) or (G) of 

11 subsection (a)(1), but only to the ex12 tent such children are civilian depend13 ents of employees of the Department 

14 of Defense or the Department of the 

15 Interior; and 

16 ‘‘(ii) that is the direct result of closure 

17 or realignment of military installations 

18 under the base closure process or the relo19 cation of members of the Armed Forces 

20 and civilian employees of the Department 

21 of Defense as part of force structure 

22 changes or movements of units or per23 sonnel between military installations or be24 cause of actions initiated by the Secretary 


jbell on PROD1PC69 with BILLS
18 

•HR 2280 IH

1 of Interior or the head of another Federal 

2 agency.’’; 

3 (7) in subsection (e) by striking paragraphs (1) 

4 and (2) and inserting the following: 

5 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

6 the total amount the Secretary shall pay a local edu7 cation agency— 

8 ‘‘(A) for fiscal year 2009, shall be not less 

9 than 95 percent of the total amount that the 

10 local educational agency received under sub11 section (b)(1), (b)(2), or (b)(2)(B)(ii) for fiscal 

12 year 2008; 

13 ‘‘(B) for fiscal year 2010, shall be not less 

14 than 90 percent of the total amount that the 

15 local educational agency received under sub16 section (b)(1), (b)(2), or (b)(2)(B)(ii) for fiscal 

17 year 2008; and 

18 ‘‘(C) for fiscal year 2011, shall be not less 

19 than 85 percent of the total amount that the 

20 local educational agency received under sub21 section (b)(1), (b)(2), or (b)(2)(B)(ii) for fiscal 

22 year 2008 of which such amount shall be con23 sidered a foundation payment for each suc24 ceeding fiscal year until such time as the agen25 cy’s maximum payment as determined under 


jbell on PROD1PC69 with BILLS
19 

•HR 2280 IH

1 paragraphs (1) or (2) of subsection (b), as the 

2 case may be, exceeds the amount provided for 

3 under this subparagraph. 

4 ‘‘(2) RATABLE REDUCTION.— 

5 ‘‘(A) IN GENERAL.—If the sums made 

6 available under this title for any fiscal year are 

7 insufficient to pay the full amounts that all 

8 local educational agencies in all States are eligi9 ble to receive under paragraph (1) for such fis10 cal year, then the Secretary shall ratably reduce 

11 the payments to all agencies for such year. 

12 ‘‘(B) ADDITIONAL FUNDS.—If additional 

13 funds become available for making payments 

14 under paragraph (1) for such fiscal year, pay15 ments that were reduced under subparagraph 

16 (A) shall be increased on the same basis as 

17 such payments were reduced.’’; and 

18 (8) by striking subsection (g). 

19 SEC. 4. APPLICATION FOR PAYMENTS UNDER SECTIONS 

20 8002 AND 8003. 

21 Section 8005 of that Act (20 U.S.C. 7705) is amend22 ed by inserting a new subsection (e) as follows: 

23 ‘‘(e) For the purpose of meeting the requirements of 

24 section 222.35 of the Code of Federal Regulations, the 

25 Secretary shall establish a third option for an applicant 


jbell on PROD1PC69 with BILLS
20 

•HR 2280 IH

1 when counting its federally connected children by using 

2 the date established by the applicant to register the stu3 dents of such applicant for the fiscal year for which the 

4 application is filed.’’. 

5 SEC. 5. CONSTRUCTION. 

6 Section 8007 of that Act (20 U.S.C. 7707) is amend7 ed— 

8 (1) in subsection (a)— 

9 (A) in paragraph (1), by striking ‘‘40 per10 cent’’ and inserting ‘‘80 percent.’’; 

11 (B) in paragraph (2) by adding at the end 

12 the following: 

13 ‘‘(C) The agency is eligible under section 

14 8003(b)(2) or is receiving a basic support pay15 ment under circumstances described in section 

16 8003 (b)(2)(B)(ii).’’; and 

17 (C) by striking paragraph (3) and insert18 ing the following: 

19 ‘‘(2) AMOUNT OF PAYMENTS.— 

20 ‘‘(A) LOCAL EDUCATION AGENCIES IM21 PACTED BY MILITARY DEPENDENT CHIL22 DREN.—The amount of a payment to each local 

23 educational agency described in this subsection 

24 that is impacted by military dependent children 

25 for a fiscal year shall be equal to— 


jbell on PROD1PC69 with BILLS
21 

•HR 2280 IH

1 ‘‘(i)(I) 40 percent of the amount ap2 propriated under section 8014(e) for such 

3 fiscal year; divided by 

4 ‘‘(II) the number of children described 

5 in subparagraphs (B) and (D)(i) of section 

6 (8003)(a)(1) who were in average daily at7 tendance for all local educational agencies 

8 described in paragraph (2), including the 

9 number of children attending a school fa10 cility described in section 8008(a) if the 

11 Secretary does not provide assistance for 

12 the school facility under that section for 

13 the fiscal year; multiplied by 

14 ‘‘(ii) the number of children deter15 mined for such agency; 

16 ‘‘(I) but not less than $25,000, 

17 except that this subparagraph shall 

18 not apply if the amount available to 

19 carry out paragraph (1) for such fis20 cal year is less than $32,000,000; and 

21 ‘‘(II) not more than $4,000,000. 

22 ‘‘(B) LOCAL EDUCATIONAL AGENCIES IM23 PACTED BY CHILDREN WHO RESIDE ON INDIAN

24 LANDS.—The amount of a payment to each 

25 local educational agency described in the subVerDate Nov 24 2008 02:40 May 08, 2009 Jkt 079200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H2280.IH H2280

jbell on PROD1PC69 with BILLS
22 

•HR 2280 IH

1 section that is impacted by children who reside 

2 on Indian lands for a fiscal year shall be equal 

3 to— 

4 ‘‘(i)(I) 40 percent of the amount ap5 propriated under section 8014(e) for such 

6 fiscal year divided by 

7 ‘‘(II) the number of children described 

8 in section 8003(a)(1)(C) who were in aver9 age daily attendance for all local edu10 cational agencies described in paragraph 

11 (2); multiplied by— 

12 ‘‘(ii) the number of children deter13 mined for such agency; 

14 ‘‘(I) but not less than $25,000, 

15 except that this subparagraph shall 

16 not apply if the amount available to 

17 carry out paragraph (1) for such fis18 cal year is less than $32,000,000; and 

19 ‘‘(II) not more than 

20 $4,000,000.’’; and 

21 (2) in subsection (b)— 

22 (A) in paragraph (1), in the matter pre23 ceding subparagraph (A), by striking ‘‘60 per24 cent’’ and inserting ‘‘20 percent’’; 


jbell on PROD1PC69 with BILLS
23 

•HR 2280 IH

1 (B) in paragraph (3)(A), in the matter 

2 preceding clause (i), by inserting after ‘‘an 

3 emergency grant under paragraph (2)(A)’’ the 

4 following: ‘‘if the agency is covered by para5 graph (7), or’’; 

6 (C) in paragraph (3)(C)(i)(I) by striking 

7 ‘‘the agency meets at least one’’ and all that 

8 follows through the period at the end and in9 serting ‘‘the number of children determined 

10 under section 8003(a)(1)(C) for the agency for 

11 the preceding school year constituted at least 

12 40 percent of the total student enrollment in 

13 the schools of the agency during the preceding 

14 school year.’’; 

15 (D) by striking paragraph (3)(D)(ii)(II) 

16 and inserting the following: 

17 ‘‘(II) The number of children de18 termined under section 8003(a)(1)(C) 

19 for the school for the preceding school 

20 year constituted at least 40 percent of 

21 the total student enrollment in the 

22 school during the preceding school 

23 year.’’. 


jbell on PROD1PC69 with BILLS
24 

•HR 2280 IH

1 (E) in paragraph (4)(C) by striking ‘‘(A), 

2 (B), (C), and (D)’’ and inserting ‘‘(A) and 

3 (C)’’; 

4 (F) by redesignating paragraph (7) as 

5 paragraph (8); and 

6 (G) by inserting after paragraph (6) the 

7 following: 

8 ‘‘(7) SPECIAL RULE.—Notwithstanding para9 graphs (3)(C)(i)(I) and (3)(D)(ii)(II), a local edu10 cational agency is eligible to receive a grant under 

11 this subsection not to exceed $4,000,000 in any one 

12 fiscal year if such agency— 

13 ‘‘(A) was eligible to receive a payment 

14 under section 8003 for the fiscal year prior to 

15 the year for which the application is made; and 

16 ‘‘(B) has had an overall increase in enroll17 ment— 

18 ‘‘(i) during the period between the end 

19 of the school year preceding the fiscal year 

20 for which the application is made and the 

21 beginning of the school year immediately 

22 preceding that school year; 

23 ‘‘(ii) of not less than 100 students or 

24 10 percent (whichever is lower), are chil25 dren described in— 


jbell on PROD1PC69 with BILLS
25 

•HR 2280 IH

1 ‘‘(I) subparagraphs (A), (B), (C), 

2 or (D) of section 8003(a)(1); or 

3 ‘‘(II) subparagraphs (F) or (G) 

4 of section 8003(a)(1), but only to the 

5 extent such children are civilian de6 pendents of employees of the Depart7 ment of Defense; and 

8 ‘‘(iii) that is the direct result of one or 

9 more of the following: 

10 ‘‘(I) Base realignment and clo11 sure or global rebasing, as determined 

12 by the Secretary of Defense. 

13 ‘‘(II) Force structure changes or 

14 force reductions. 

15 ‘‘(III) An action initiated by the 

16 Secretary of Interior or head of an17 other Federal agency.’’. 

18 SEC. 6. STATE CONSIDERATION OF PAYMENTS IN PRO19 VIDING STATE AID. 

20 Section 8009 of that Act (20 U.S.C. 7709) is amend21 ed— 

22 (1) in subsection (b)(1) by inserting before the 

23 period at the end the following: ‘‘and for which the 

24 average per-pupil expenditure is equal to or greater 

25 than the average per-pupil expenditure of all the 


jbell on PROD1PC69 with BILLS
26 

•HR 2280 IH

1 States in the third fiscal year preceding the fiscal 

2 year for which the State is applying for equalization 

3 under this section’’; 

4 (2) in subsection (b)(2) by striking subpara5 graphs (A) and (B) and inserting the following: 

6 ‘‘(A) STATES CURRENTLY QUALIFYING.— 

7 ‘‘(i) IN GENERAL.—For purposes of 

8 paragraph (1), a program of State aid for 

9 any State qualifying under this section for 

10 fiscal year 2006 equalizes expenditures 

11 among local educational agencies if, in the 

12 second fiscal year preceding the fiscal year 

13 for which the determination is made the 

14 amount of per-pupil expenditures made by, 

15 or per-pupil revenues available to, the local 

16 educational agency in the State with the 

17 highest such per-pupil expenditures or rev18 enues did not exceed the amount of such 

19 per-pupil expenditures made by, or per20 pupil revenues available to, the local edu21 cational agency in the State with the low22 est such expenditures or revenues by more 

23 than 25 percent as calculated under clause 

24 (ii). 


jbell on PROD1PC69 with BILLS
27 

•HR 2280 IH

1 ‘‘(ii) OTHER FACTORS.—Notwith2 standing regulations in effect prior to the 

3 date of enactment of this subparagraph, in 

4 making a determination under this sub5 paragraph, the Secretary shall— 

6 ‘‘(I) arrange all local educational 

7 agencies in the State by per-pupil ex8 penditures or revenues in descending 

9 order from the highest to the lowest; 

10 ‘‘(II) using per-pupil expendi11 tures or revenues as the only criteria 

12 disregard those local educational 

13 agencies that are spending above the 

14 95th percentile and those spending 

15 below the 5th percentile; 

16 ‘‘(III) identify the local edu17 cational agency at the 95th percentile 

18 and the local educational agency at 

19 the 5th percentile; 

20 ‘‘(IV) subtract the amount of 

21 per-pupil expenditures or revenues of 

22 the local educational agency at the 

23 5th percentile from the amount of 

24 per-pupil expenditures or revenues of 

25 the local educational agency at the 


jbell on PROD1PC69 with BILLS
28 

•HR 2280 IH

1 95th percentile and divide the dif2 ference by the per-pupil expenditures 

3 or revenues of the local educational 

4 agency at the 5th percentile; and 

5 ‘‘(V) take into account the extent 

6 to which a program of State aid re7 flects the additional cost of providing 

8 free public education in particular 

9 types of local educational agencies, 

10 such as those that are geographically 

11 isolated, or to particular types of stu12 dents, such as children with disabil13 ities. 

14 ‘‘(B) NEW STATES APPLICANTS.— 

15 ‘‘(i) IN GENERAL.—For purposes of 

16 paragraph (1), a program of State aid for 

17 any State qualifying under this section 

18 after fiscal year 2006 equalizes expendi19 tures among local educational agencies if, 

20 in the second fiscal year preceding the fis21 cal year for which the determination is 

22 made, the amount of per-pupil expendi23 tures made by, or per-pupil revenues avail24 able to, the local educational agency in the 

25 State with the highest such per-pupil exVerDate Nov 24 2008 02:40 May 08, 2009 Jkt 079200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H2280.IH H2280

jbell on PROD1PC69 with BILLS
29 

•HR 2280 IH

1 penditures or revenues did not exceed the 

2 amount of such per-pupil expenditures 

3 made by, or per-pupil revenues available 

4 to, the local educational agency in the 

5 State with the lowest such expenditures or 

6 revenues by more than 10 percent as cal7 culated under clause (ii). 

8 ‘‘(ii) OTHER FACTORS.—Notwith9 standing regulations in effect prior to the 

10 date of the enactment of this subpara11 graph, in making a determination under 

12 this subparagraph, the Secretary shall— 

13 ‘‘(I) arrange all local educational 

14 agencies in the State by per-pupil ex15 penditures or revenues in descending 

16 order from the highest to the lowest; 

17 ‘‘(II) using per-pupil expendi18 tures or revenues as the only criteria 

19 disregard those local educational 

20 agencies that are spending above the 

21 95th percentile and those spending 

22 below the 5th percentile; 

23 ‘‘(III) identify the local edu24 cational agency at the 95th percentile 


jbell on PROD1PC69 with BILLS
30 

•HR 2280 IH

1 and the local educational agency at 

2 the 5th percentile; 

3 ‘‘(IV) subtract the amount of 

4 per-pupil expenditures or revenues of 

5 the local educational agency at the 

6 5th percentile from the amount of 

7 per-pupil expenditures or revenues of 

8 the local educational agency at the 

9 95th percentile and divide the dif10 ference by the per-pupil expenditures 

11 or revenues of the local educational 

12 agency at the 5th percentile; and 

13 ‘‘(V) take into account the extent 

14 to which a program of State aid re15 flects the additional cost of providing 

16 free public education in particular 

17 types of local educational agencies, 

18 such as those that are geographically 

19 isolated, or to particular types of stu20 dents, such as children with disabil21 ities.’’; and 

22 (3) in subsection (d)(2)— 

23 (A) by striking ‘‘A State’’ and inserting 

24 the following: 

25 ‘‘(A) IN GENERAL.—A State’’; and 


jbell on PROD1PC69 with BILLS
31 

•HR 2280 IH

1 (B) by adding at the end of the following: 

2 ‘‘(B) STATES THAT ARE NOT EQUALIZED

3 STATES.—A State that has not been approved 

4 as an equalized State under subsection (b) shall 

5 not consider funds received under section 8002 

6 or section 8003 of this title in any State for7 mula or place a limit or direct the use of such 

8 funds.’’. 

9 SEC. 7. DEFINITIONS. 

10 Section 8013 of that Act (20 U.S.C. 7713) is amend11 ed— 

12 (1) in paragraph (1) by striking ‘‘and Marine 

13 Corps’’ and inserting ‘‘Marine Corps, and Coast 

14 Guard’’; 

15 (2) in paragraph (4)— 

16 (A) in the first sentence thereof, by strik17 ing ‘‘part (A) of title I and title VI’’ and insert18 ing ‘‘title I and part A of title V’’; and 

19 (B) in the second sentence, by striking ‘‘be 

20 determined’’ and inserting ‘‘be made’’; 

21 (3) in paragraph (5)(A)(iii), by amending sub22 clauses (II) and (III) to read as follows: 

23 ‘‘(II) used to provide housing for 

24 homeless children at closed military 

25 installations pursuant to section 501 


jbell on PROD1PC69 with BILLS
32 

•HR 2280 IH

1 of the McKinney-Vento Homeless As2 sistance Act (42 U.S.C. 11411); 

3 ‘‘(III) used for affordable hous4 ing assisted under the Native Amer5 ican Housing Assistance and Self-De6 termination Act of 1996 (25 U.S.C. 

7 4101 et seq.);’’; 

8 (4) in paragraph (8)(A), by inserting commas 

9 before and after ‘‘and verified by’’; and 

10 (5) in paragraph (9)— 

11 (A) by amending subparagraph (A) to read 

12 as follows: 

13 ‘‘(A) IN GENERAL.—Except as provided in 

14 subparagraph (B), the term local educational 

15 agency— 

16 ‘‘(i) means a board of education or 

17 other legally constituted local school au18 thority having administrative control and 

19 direction of free public education in a 

20 county, township, independent school dis21 trict, or other school district; and 

22 ‘‘(ii) includes any State agency that 

23 directly operates and maintains facilities 

24 for providing free public education; 


jbell on PROD1PC69 with BILLS
33 

•HR 2280 IH

1 that, except for those local educational agencies 

2 determined to be eligible to receive a payment 

3 under section 8003 prior to the date of the en4 actment of the Fair Funding for Schools Act of 

5 2009, when submitting an application under 

6 this title for the first time on or after the date 

7 of the enactment of such Act, has the authority 

8 to tax and has boundaries as defined by appli9 cable State law for the purposes of levying such 

10 taxes, or has been granted the authority to re11 ceive an imputed tax from a city, county, town12 ship, or other general-purpose political subdivi13 sion of a State.’’; and 

14 (B) in subparagraph (B), by inserting a 

15 comma after ‘‘Secretary determines’’. 

16 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

17 Section 8014 of that Act (20 U.S.C. 7714) is amend18 ed— 

19 (1) in subsection (a) by striking ‘‘$32,000,000 

20 for fiscal year 2000’’ and inserting ‘‘$75,000,000 for 

21 fiscal year 2010’’; 

22 (2) in subsection (b) by striking ‘‘$809,400,000 

23 for fiscal year 2000’’ and inserting ‘‘$1,225,000,000 

24 for fiscal year 2010’’; 


jbell on PROD1PC69 with BILLS
34 

•HR 2280 IH

1 (3) in subsection (c) by striking ‘‘$50,000,000 

2 for fiscal year 2000’’ and inserting ‘‘$55,000,000 for 

3 fiscal year 2010’’; 

4 (4) by redesignating subsection (e) as (d) and, 

5 in that subsection, by striking ‘‘$10,052,000’’ and 

6 all that follows through ‘‘and such sums’’ and insert7 ing ‘‘$150,000,000 for fiscal year 2010 and such 

8 sums’’; 

9 (5) by redesignating subsection (f) as (e) and, 

10 in that subsection, by striking ‘‘$5,000,000 for fiscal 

11 year 2000’’ and inserting ‘‘$10,000,000 for fiscal 

12 year 2010’’; and 

13 (6) by adding at the end of the following: 

14 ‘‘(f) ALLOCATION OF DOLLARS FROM PREVIOUS FIS15 CAL YEARS.—When final payments are made for a fiscal 

16 year the Secretary shall add any remaining funds to those 

17 funds appropriated for such section for the next fiscal year 

18 for the purpose of making payments subject to the provi19 sions of the applicable section.’’. 

20 SEC. 9. ADDITIONAL AND CONFORMING AMENDMENTS. 

21 (a) Subpart 20 (20 U.S.C. 7281 et seq.) of part D 

22 of title V of that Act (relating to additional assistance for 

23 certain local educational agencies impacted by Federal 

24 property acquisition) is repealed. 


jbell on PROD1PC69 with BILLS
35 

•HR 2280 IH

1 (b) Title VIII of Elementary and Secondary Edu2 cation Act (20 U.S.C. 7701 et seq.) is further amended— 

3 (1) in section 8004 (20 U.S.C. 7704)— 

4 (A) in subsection (e)(1)(B)(i), by striking 

5 ‘‘involved, or if’’ and inserting ‘‘involved or, if’’; 

6 (B) in subsection (f), by striking ‘‘upon’’ 

7 and inserting ‘‘on’’; 

8 (2) in section 8008(a) (20 U.S.C. 7708(a)), by 

9 striking ‘‘section 8014(f)’’ and inserting ‘‘section 

10 8014(e)’’; 

11 (3) in section 8010 (20 U.S.C. 7710)— 

12 (A) in subsection (b), by striking out ‘‘re13 quire’’ and inserting in lieu thereof ‘‘need’’; and 

14 (B) in subsection (c)(1)— 

15 (i) in subparagraph (A), by striking 

16 ‘‘paragraph (3)’’ and inserting ‘‘paragraph 

17 (2)’’; and 

18 (ii) in subparagraph (B), by striking 

19 ‘‘paragraph (3)’’ and inserting ‘‘paragraph 

20 (2)’’; and 

21 (4) in section 8011(a) (20 U.S.C. 7711 (a)), by 

22 striking ‘‘or under’’ and all that follows through ‘‘of 

23 1994)’’. 

Æ 


jbell on PROD1PC69 with BILLS