II 

Calendar No. 253 

109TH CONGRESS 

1ST SESSION S. 1904 

To provide elementary and secondary education assistance to students and 

schools impacted by Hurricane Katrina. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 20, 2005 

Mr. ALEXANDER (for himself, Mr. KENNEDY, Mr. ENZI, and Mr. DODD) 

introduced the following bill; which was read the first time 

OCTOBER 21, 2005 

Read the second time and placed on the calendar 

A BILL 

To provide elementary and secondary education assistance 

to students and schools impacted by Hurricane Katrina. 

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 ‘‘Hurricane Katrina El5 ementary and Secondary Education Recovery Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 
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1 (1) Hurricane Katrina has had a devastating 

2 and unprecedented impact on students who attended 

3 schools in the disaster areas. 

4 (2) Due to the devastating effects of Hurricane 

5 Katrina, a significant number of students have en6 rolled in schools outside of the area in which they 

7 resided on August 22, 2005, including a significant 

8 number of students who enrolled in non-public 

9 schools because their parents chose to enroll them in 

10 such schools. 

11 (3) 372,000 students were displaced by Hurri12 cane Katrina. Approximately 700 schools have been 

13 damaged or destroyed. Nine States each have more 

14 than 1,000 of such displaced students enrolled in 

15 their schools. In Texas alone, over 45,000 displaced 

16 students have enrolled in schools. 

17 (4) In response to these extraordinary condi18 tions, this Act creates a one-time only emergency 

19 grant for the 2005–2006 school year tailored to the 

20 needs and particular circumstances of students dis21 placed by Hurricane Katrina. 

22 (5) The level and type of assistance provided 

23 under this Act, both for students attending public 

24 schools and students attending non-public schools, is 

25 being authorized solely because of the unprecedented 
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1 nature of the crisis, the massive dislocation of stu2 dents, and the short duration of assistance. 

3 SEC. 3. WAIVERS AND OTHER ACTIONS. 

4 (a) CURRENT WAIVER AND OTHER AUTHORITY.— 

5 The Secretary of Education is encouraged to exercise the 

6 maximum waiver authority available or exercise other ac7 tions for States, local educational agencies, and schools 

8 affected by Hurricane Katrina with respect to the waiver 

9 authority or authorization of actions provided under the 

10 following provisions of the Elementary and Secondary 

11 Education Act of 1965 (20 U.S.C. 6301 et seq.): 

12 (1) Section 1111(b)(3)(C)(vii) of such Act (20 

13 U.S.C. 6311(b)(3)(C)(vii)). 

14 (2) Section 1111(b)(7) of such Act (20 U.S.C. 

15 6311(b)(7)). 

16 (3) Section 1111(c)(1) of such Act (20 U.S.C. 

17 6311(c)(1)). 

18 (4) Section 1111(h)(2)(A)(i) of such Act (20 

19 U.S.C. 6311(h)(2)(A)(i)). 

20 (5) Section 1116(b)(7)(D) of such Act (20 

21 U.S.C. 6316(b)(7)(D)). 

22 (6) Section 1116(c)(10)(F) of such Act (20 

23 U.S.C. 6316(c)(10)(F)). 

24 (7) Section 1125A(e)(3) of such Act (20 U.S.C. 

25 6337(e)(3)). 
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1 (8) Section 3122(a)(3)(B) of such Act (20 

2 U.S.C. 6842(a)(3)(B)). 

3 (9) Section 5141(c) of such Act (20 U.S.C. 

4 7217(c)). 

5 (10) Section 7118(c)(3)(A) of such Act (20 

6 U.S.C. 7428(c)(3)(A)). 

7 (11) Section 9521(c) of such Act (20 U.S.C. 

8 7901(c)). 

9 (b) REPORT ON WAIVERS.—Not later than December 

10 31, 2005, the Secretary of Education shall prepare and 

11 submit a report on the States and local educational agen12 cies requesting a waiver of any provision under the Ele13 mentary and Secondary Education Act of 1965 (20 U.S.C. 

14 6301 et seq.) and the Individuals with Disabilities Edu15 cation Act (20 U.S.C. 1400 et seq.) due to the impact 

16 of Hurricane Katrina to the Committee on Education and 

17 the Workforce and the Committee on Appropriations of 

18 the House of Representatives and the Committee on 

19 Health, Education, Labor, and Pensions and the Com20 mittee on Appropriations of the Senate. 

21 SEC. 4. PROVIDING ADDITIONAL SUPPORT FOR STUDENTS 

22 AFFECTED BY HURRICANE KATRINA. 

23 (a) GRANTS TO STATES AUTHORIZED.—From 

24 amounts appropriated under subsection (g), the Secretary 

25 of Education is authorized to make grants to States for 
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1 assistance to eligible local educational agencies to enable 

2 the agencies to provide services, programs, and activities 

3 as described in subsection (c). 

4 (b) STATE APPLICATIONS.—A State that desires to 

5 receive a grant under this section shall submit an applica6 tion to the Secretary of Education at such time, in such 

7 manner, and accompanied by such information as the Sec8 retary may reasonably require. 

9 (c) ASSISTANCE TO LOCAL EDUCATIONAL AGEN10 CIES.—A State that receives a grant under subsection (a) 

11 shall use the funds made available through the grant to 

12 provide assistance to eligible local educational agencies to 

13 enable such agencies to provide, to students displaced by 

14 Hurricane Katrina or students attending a school in an 

15 area described in subsection (f)(1)— 

16 (1) supplemental educational services consistent 

17 with the definitions, criteria, and amounts estab18 lished under section 1116(e) of the Elementary and 

19 Secondary Education Act of 1965 (20 U.S.C. 

20 6316(e)); or 

21 (2) additional programs and activities under 

22 part B of title IV of the Elementary and Secondary 

23 Education Act of 1965 (20 U.S.C. 7171 et seq.) re24 lating to 21st century community learning centers. 
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1 (d) LOCAL APPLICATIONS.—An eligible local edu2 cational agency that desires to receive assistance under 

3 this section from a State shall submit an application to 

4 the State at such time, in such manner, and accompanied 

5 by such information as the State may reasonably require. 

6 (e) INTERACTION WITH THE ESEA.—An eligible 

7 local educational agency providing services described in 

8 subsection (c)(1) may provide such services to a student 

9 displaced by Hurricane Katrina regardless of the status 

10 of the school under section 1116(b) of the Elementary and 

11 Secondary Education Act of 1965 (20 U.S.C. 6316(b)) 

12 that such student attends. 

13 (f) DEFINITION OF ELIGIBLE LOCAL EDUCATIONAL

14 AGENCY.—In this section, the term ‘‘eligible local edu15 cational agency’’ means— 

16 (1) a local educational agency in an area in 

17 which a major disaster has been declared in accord18 ance with section 401 of the Robert T. Stafford Dis19 aster Relief and Emergency Assistance Act (42 

20 U.S.C. 5170) related to Hurricane Katrina; or 

21 (2) a local educational agency that enrolls a 

22 student displaced from an area where a major dis23 aster has been declared in accordance with section 

24 401 of the Robert T. Stafford Disaster Relief and 
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1 Emergency Assistance Act (42 U.S.C. 5170) related 

2 to Hurricane Katrina. 

3 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to carry out this section 

5 $100,000,000 for fiscal year 2006. 

6 SEC. 5. IMMEDIATE AID TO RESTART SCHOOL OPERATIONS. 

7 (a) PURPOSE.—It is the purpose of this section— 

8 (1) to provide immediate and direct assistance 

9 to local educational agencies in Louisiana, Mis10 sissippi, and Alabama that serve an area in which a 

11 major disaster has been declared in accordance with 

12 section 401 of the Robert T. Stafford Disaster Relief 

13 and Emergency Assistance Act (42 U.S.C. 5170), 

14 related to Hurricane Katrina; 

15 (2) to assist school district administrators and 

16 personnel of such agencies who are working to re17 start operations in elementary schools and secondary 

18 schools served by such agencies; and 

19 (3) to facilitate the re-opening of elementary 

20 schools and secondary schools served by such agen21 cies and the re-enrollment of students in such 

22 schools as soon as possible. 

23 (b) PAYMENTS AND GRANTS AUTHORIZED.—From 

24 amounts appropriated to carry out this section, the Sec25 retary of Education is authorized to make payments, not 
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1 later than November 30, 2005, to State educational agen2 cies (as defined in section 9101 of the Elementary and 

3 Secondary Education Act of 1965 (20 U.S.C. 7801 et 

4 seq.)) in Louisiana, Mississippi, and Alabama to enable 

5 such agencies to award grants to local educational agen6 cies serving an area in which a major disaster has been 

7 declared in accordance with section 401 of the Robert T. 

8 Stafford Disaster Relief and Emergency Assistance Act 

9 (42 U.S.C. 5170), related to Hurricane Katrina. 

10 (c) ELIGIBILITY AND CONSIDERATION.—In deter11 mining whether to award a grant under this section, or 

12 the amount of the grant, the State educational agency 

13 shall consider the following: 

14 (1) The number of school-aged children served 

15 by the local educational agency in the academic year 

16 preceding the academic year for which the grant is 

17 awarded. 

18 (2) The severity of the impact of Hurricane 

19 Katrina on the local educational agency and the ex20 tent of the needs in each local educational agency in 

21 Louisiana, Mississippi, and Alabama that is in an 

22 area in which a major disaster has been declared in 

23 accordance with section 401 of the Robert T. Staf24 ford Disaster Relief and Emergency Assistance Act 

25 (42 U.S.C. 5170), related to Hurricane Katrina. 
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1 (d) APPLICATIONS.—Each local educational agency 

2 desiring a grant under this section shall submit an appli3 cation to the State educational agency at such time, in 

4 such manner, and accompanied by such information as the 

5 State educational agency may reasonably require to ensure 

6 expedited and timely payment to the local educational 

7 agency. 

8 (e) USES OF FUNDS.— 

9 (1) IN GENERAL.—A local educational agency 

10 receiving a grant under this section shall use the 

11 grant funds for— 

12 (A) recovery of student and personnel 

13 data, and other electronic information; 

14 (B) replacement of school district informa15 tion systems, including hardware and software; 

16 (C) financial operations; 

17 (D) reasonable transportation costs; 

18 (E) rental of mobile educational units and 

19 leasing of neutral sites or spaces; 

20 (F) initial replacement of instructional ma21 terials and equipment, including textbooks; 

22 (G) redeveloping instructional plans, in23 cluding curriculum development; 

24 (H) initiating and maintaining education 

25 and support services; and 
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1 (I) such other activities related to the pur2 pose of this section that are approved by the 

3 Secretary. 

4 (2) USE WITH OTHER AVAILABLE FUNDS.—A 

5 local educational agency receiving a grant under this 

6 section may use the grant funds in coordination with 

7 other Federal, State, or local funds available for the 

8 activities described in paragraph (1). 

9 (3) PROHIBITIONS.—Grant funds received 

10 under this section shall not be used for any of the 

11 following: 

12 (A) Construction or major renovation of 

13 schools. 

14 (B) Payments to school administrators or 

15 teachers who are not actively engaged in re16 starting or re-opening schools. 

17 (f) SUPPLEMENT NOT SUPPLANT.— 

18 (1) IN GENERAL.—Except as provided in para19 graph (2), funds made available under this section 

20 shall be used to supplement, not supplant, any funds 

21 made available through the Federal Emergency 

22 Management Agency or through a State. 

23 (2) EXCEPTION.—Paragraph (1) shall not pro24 hibit the provision of Federal assistance under this 

25 section to an eligible educational agency that is or 
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1 may be entitled to receive, from another source, ben2 efits for the same purposes as under this section 

3 if— 

4 (A) such agency has not received such 

5 other benefits by the time of application for 

6 Federal assistance under this section; and 

7 (B) such agency agrees to repay all dupli8 cative Federal assistance received to carry out 

9 the purposes of this section. 

10 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

11 authorized to be appropriated to carry out this section 

12 $900,000,000 for fiscal year 2006. 

13 SEC. 6. HOLD HARMLESS FOR LOCAL EDUCATIONAL AGEN14 CIES SERVING MAJOR DISASTER AREAS. 

15 In the case of a local educational agency that serves 

16 an area in which the President has declared that a major 

17 disaster exists in accordance with section 401 of the Rob18 ert T. Stafford Disaster Relief and Emergency Assistance 

19 Act (42 U.S.C. 5170), related to Hurricane Katrina, the 

20 amount made available for such local educational agency 

21 under each of sections 1124, 1124A, 1125, and 1125A 

22 of the Elementary and Secondary Education Act of 1965 

23 (20 U.S.C. 6333, 6334, 6335, and 6337) for fiscal year 

24 2006 shall be not less than the amount made available 
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1 for such local educational agency under each of such sec2 tions for fiscal year 2005. 

3 SEC. 7. TEACHER AND PARAPROFESSIONAL RECIPROCITY; 

4 DELAY. 

5 (a) TEACHER AND PARAPROFESSIONAL RECI6 PROCITY.— 

7 (1) TEACHERS.— 

8 (A) AFFECTED TEACHER.—In this sub9 section, the term ‘‘affected teacher’’ means a 

10 teacher who is displaced due to Hurricane 

11 Katrina and relocates to a State that is dif12 ferent from the State in which such teacher re13 sided on August 22, 2005. 

14 (B) IN GENERAL.—A local educational 

15 agency may consider an affected teacher hired 

16 by such agency who is not highly qualified in 

17 the State in which such agency is located to be 

18 highly qualified, for purposes of section 1119 of 

19 the Elementary and Secondary Education Act 

20 of 1965 (20 U.S.C. 6319) and section 

21 612(a)(14) of the Individuals with Disabilities 

22 Education Act (20 U.S.C. 1412(a)(14)), for a 

23 period not to exceed 1 year, if such teacher was 

24 highly qualified, consistent with section 

25 9101(23) of the Elementary and Secondary 
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1 Education Act of 1965 (20 U.S.C. 7801(23)) 

2 and section 602(10) of the Individuals with 

3 Disabilities Education Act (20 U.S.C. 

4 1401(10)), on or before August 22, 2005, in 

5 the State in which such teacher resided on Au6 gust 22, 2005. 

7 (2) PARAPROFESSIONAL.— 

8 (A) AFFECTED PARAPROFESSIONAL.—In 

9 this subsection, the term ‘‘affected paraprofes10 sional’’ means a paraprofessional who is dis11 placed due to Hurricane Katrina and relocates 

12 to a State that is different from the State in 

13 which such paraprofessional resided on August 

14 22, 2005. 

15 (B) IN GENERAL.—A local educational 

16 agency may consider an affected paraprofes17 sional hired by such agency who does not sat18 isfy the requirements of section 1119(c) of the 

19 Elementary and Secondary Education Act of 

20 1965 (20 U.S.C. 6319(c)) in the State in which 

21 such agency is located to satisfy such require22 ments, for purposes of such section, for a pe23 riod not to exceed 1 year, if such paraprofes24 sional satisfied such requirements on or before 
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1 August 22, 2005, in the State in which such 

2 paraprofessional resided on August 22, 2005. 

3 (b) DELAY.—The Secretary of Education may delay, 

4 for a period not to exceed 1 year, applicability of the re5 quirements of paragraphs (2) and (3) of section 1119(a) 

6 of the Elementary and Secondary Education Act of 1965 

7 (20 U.S.C. 6319(a)(2) and (3)) and section 612(a)(14)(C) 

8 of the Individuals with Disabilities Education Act (20 

9 U.S.C. 1412(a)(14)(C)) with respect to the States of Ala10 bama, Louisiana, and Mississippi (and local educational 

11 agencies within the jurisdiction of such States), if any 

12 such State or local educational agency demonstrates that 

13 a failure to comply with such requirements is due to excep14 tional or uncontrollable circumstances, such as a natural 

15 disaster or a precipitous and unforeseen decline in the fi16 nancial resources of local educational agencies within the 

17 State. 

18 SEC. 8. ASSISTANCE FOR HOMELESS YOUTH. 

19 (a) IN GENERAL.—The Secretary of Education shall 

20 provide assistance to local educational agencies serving 

21 homeless children and youths displaced by Hurricane 

22 Katrina, consistent with section 723 of the McKinney23 Vento Homeless Assistance Act (42 U.S.C. 11433), in24 cluding identification, enrollment assistance, assessment 

25 and school placement assistance, transportation, coordina-
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1 tion of school services, supplies, referrals for health, men2 tal health, and other needs. 

3 (b) EXCEPTION AND DISTRIBUTION OF FUNDS.— 

4 (1) EXCEPTION.—For purposes of providing as5 sistance under subsection (a), subsections (c) and 

6 (e)(1) of section 722 and subsections (b) and (c) of 

7 section 723 of the McKinney-Vento Homeless Assist8 ance Act (42 U.S.C. 11432(c) and (e)(1), 11433(b) 

9 and (c)) shall not apply. 

10 (2) DISBURSEMENT.—The Secretary of Edu11 cation shall disburse funding provided under sub12 section (a) to State educational agencies based on 

13 demonstrated need, as determined by the Secretary, 

14 and such State educational agencies shall distribute 

15 funds available under subsection (c) to local edu16 cational agencies based on demonstrated need, for 

17 the purposes of carrying out section 723 of the 

18 McKinney-Vento Homeless Assistance Act (42 

19 U.S.C. 11433). 

20 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

21 are authorized to be appropriated to carry out this section 

22 $50,000,000. 

23 SEC. 9. ALTERNATIVE EDUCATION PROGRAMS FOR DIS24 PLACED ADOLESCENT STUDENTS. 

25 (a) DEFINITIONS.—In this section: 
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1 (1) ALTERNATIVE EDUCATION PROGRAM.—The 

2 term ‘‘alternative education program’’ means a tran3 sitional program that provides displaced adolescent 

4 students with— 

5 (A) instruction in reading, mathematics, 

6 writing, study skills, and other relevant sub7 jects; 

8 (B) counseling; 

9 (C) tutoring; 

10 (D) activities designed to familiarize the 

11 displaced adolescent students with the range of 

12 career options available to the students; 

13 (E) mentoring; 

14 (F) test preparation for college entrance 

15 examinations, including the PSAT, SAT, and 

16 ACT; 

17 (G) counseling on the financial aid avail18 able for postsecondary education; or 

19 (H) job readiness skills and career and 

20 technical education. 

21 (2) DISPLACED ADOLESCENT STUDENT.—The 

22 term ‘‘displaced adolescent student’’ means a sec23 ondary school student who— 

24 (A) resides or resided on August 22, 2005, 

25 in an area for which a major disaster has been 
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1 declared in accordance with section 401 of the 

2 Robert T. Stafford Disaster Relief and Emer3 gency Assistance Act (42 U.S.C. 5170), related 

4 to Hurricane Katrina; 

5 (B) cannot continue enrollment in a sec6 ondary school because of Hurricane Katrina; 

7 and 

8 (C) is expected to obtain a secondary 

9 school diploma by the end of the 2006–2007 

10 school year. 

11 (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti12 ty’’ means a State educational agency, local edu13 cational agency, or consortium of such agencies, lo14 cated in an area in which a major disaster has been 

15 declared in accordance with section 401 of the Rob16 ert T. Stafford Disaster Relief and Emergency As17 sistance Act (42 U.S.C. 5170) related to Hurricane 

18 Katrina, that— 

19 (A) demonstrates a need for additional 

20 funds in order to provide an alternative edu21 cation program to displaced adolescent stu22 dents; and 

23 (B) has the ability to administer the alter24 native education program and to serve displaced 

25 adolescent students. 
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1 (4) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Education. 

3 (b) PROGRAM AUTHORIZED.—From amounts appro4 priated under this section for fiscal year 2006, the Sec5 retary shall award grants to States for assistance to eligi6 ble entities to enable the entities to develop and carry out 

7 alternative education programs for displaced adolescent 

8 students. 

9 (c) STATE APPLICATIONS.—A State desiring a grant 

10 under this section shall submit an application to the Sec11 retary at such time, in such manner, and containing such 

12 information as the Secretary may require. 

13 (d) ASSISTANCE TO ELIGIBLE ENTITIES.— 

14 (1) IN GENERAL.—A State that receives a 

15 grant under this section may use the funds made 

16 available through the grant to provide assistance to 

17 eligible entities to enable the eligible entities to de18 velop and carry out alternative education programs 

19 for displaced adolescent students. 

20 (2) PARTNERSHIPS.—An eligible entity may 

21 apply for assistance under this section in partner22 ship with 1 or more community-based organizations 

23 or institutions of higher education (as such term is 

24 defined in section 101 of the Higher Education Act 

25 of 1965 (20 U.S.C. 1001)), or both. 
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1 (e) LOCAL APPLICATIONS.—An eligible entity desir2 ing assistance under this section from a State shall submit 

3 an application to the Governor of the State at such time, 

4 in such manner, and containing such information as the 

5 Governor may require. At a minimum, the Governor shall 

6 require an entity that desires to carry out an alternative 

7 education program in an area in which another organiza8 tion is carrying out an alternative education program to 

9 provide an assurance that the entity will coordinate activi10 ties carried out under its program with the activities car11 ried out by the organization under its program 

12 (f) USES OF FUNDS.—An eligible entity that receives 

13 assistance under this section shall use the assistance to 

14 carry out an alternative education program that meets the 

15 needs of displaced adolescent students, including the staff16 ing, curricular materials, and other programmatic costs 

17 needed to carry out the alternative education program. 

18 (g) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to be appropriated to carry out this section 

20 such sums as may be necessary for fiscal year 2006. 

21 SEC. 10. GENERAL PROVISION. 

22 Nothing in sections 1 through 9 of this Act shall be 

23 construed to permit discrimination on the basis of race, 

24 color, religion, sex (except as otherwise permitted under 

25 title IX of the Education Amendments of 1972 (20 U.S.C. 
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1 1681 et seq.)), national origin, or disability in any pro2 gram funded under sections 1 through 9 of this Act. 

3 SEC. 11. TEMPORARY EMERGENCY IMPACT AID FOR DIS4 PLACED STUDENTS. 

5 (a) TEMPORARY EMERGENCY IMPACT AID AUTHOR6 IZED.— 

7 (1) AID TO STATE EDUCATIONAL AGENCIES.— 

8 From amounts appropriated under subsection (o), 

9 the Secretary of Education shall provide emergency 

10 impact aid to State educational agencies to enable 

11 the State educational agencies to make emergency 

12 impact aid payments to eligible local educational 

13 agencies and eligible BIA-funded schools to enable— 

14 (A) such eligible local educational agencies 

15 and schools to provide for the instruction of dis16 placed students served by such agencies and 

17 schools; and 

18 (B) such eligible local educational agencies 

19 to make immediate impact aid payments to ac20 counts established on behalf of displaced stu21 dents (referred to in this section as ‘‘accounts’’) 

22 who are attending eligible non-public schools lo23 cated in the areas served by the eligible local 

24 educational agencies. 
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1 (2) AID TO LOCAL EDUCATIONAL AGENCIES

2 AND BIA-FUNDED SCHOOLS.—A State educational 

3 agency shall make emergency impact aid payments 

4 to eligible local educational agencies and eligible 

5 BIA-funded schools in accordance with subsection 

6 (d). 

7 (3) STATE EDUCATIONAL AGENCIES IN CER8 TAIN STATES.—In the case of the States of Lou9 isiana and Mississippi, the State educational agency 

10 shall carry out the activities of eligible local edu11 cational agencies that are unable to carry out this 

12 section, including eligible local educational agencies 

13 in such States for which the State exercises the au14 thorities normally exercised by such local educational 

15 agencies. 

16 (b) DEFINITIONS.—In this section: 

17 (1) DISPLACED STUDENT.—The term ‘‘dis18 placed student’’ means a student who enrolled in a 

19 school (other than the school that the student was 

20 enrolled in, or was eligible to be enrolled in, on Au21 gust 22, 2005) because such student resides or re22 sided on August 22, 2005, in an area for which a 

23 major disaster has been declared in accordance with 

24 section 401 of the Robert T. Stafford Disaster Relief 
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1 and Emergency Assistance Act (42 U.S.C. 5170), 

2 related to Hurricane Katrina. 

3 (2) ELIGIBLE LOCAL EDUCATIONAL AGEN4 CIES.—The term ‘‘eligible local educational agency’’ 

5 means a local educational agency that serves— 

6 (A) an elementary school or secondary 

7 school (including a charter school) in which 

8 there is enrolled a displaced student; or 

9 (B) an area in which there is located an el10 igible non-public school. 

11 (3) ELIGIBLE NON-PUBLIC SCHOOL.—The term 

12 ‘‘eligible non-public school’’ means a non-public 

13 school that— 

14 (A) is accredited or licensed or otherwise 

15 operates in accordance with State law; 

16 (B) was in existence on August 22, 2005; 

17 and 

18 (C) serves a displaced student on behalf of 

19 whom an application for an account has been 

20 made pursuant to subsection (c)(2)(A)(ii). 

21 (4) ELIGIBLE BIA-FUNDED SCHOOL.—In this 

22 section, the term ‘‘eligible BIA-funded school’’ 

23 means a school funded by the Bureau of Indian Af24 fairs in which there is enrolled a displaced student. 

25 (c) APPLICATION.— 
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1 (1) STATE EDUCATIONAL AGENCY.—A State 

2 educational agency that desires to receive emergency 

3 impact aid under this section shall submit an appli4 cation to the Secretary of Education at such time, 

5 in such manner, and accompanied by such informa6 tion as the Secretary of Education may reasonably 

7 require, including— 

8 (A) information on the total displaced stu9 dent child count of the State provided by eligi10 ble local educational agencies in the State and 

11 eligible BIA-funded schools in the State under 

12 paragraph (2); 

13 (B) a description of the process for the 

14 parent or guardian of a displaced student en15 rolled in a non-public school to indicate to the 

16 eligible local educational agency serving the 

17 area in which such school is located that the 

18 student is enrolled in such school; 

19 (C) a description of the procedure to be 

20 used by an eligible local educational agency in 

21 such State to provide payments to accounts; 

22 (D) a description of the process to be used 

23 by an eligible local educational agency in such 

24 State to obtain— 
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1 (i) attestations of attendance of eligi2 ble displaced students from eligible non3 public schools, in order for the local edu4 cational agency to provide payments to ac5 counts on behalf of eligible displaced stu6 dents; and 

7 (ii) attestations from eligible non-pub8 lic schools that accounts are used only for 

9 the purposes described in subsection 

10 (e)(2)(A); and 

11 (E) the criteria, including family income, 

12 used to determine the eligibility for and the 

13 amount of assistance under this section pro14 vided on behalf of a displaced student attending 

15 an eligible non-public school. 

16 (2) LOCAL EDUCATIONAL AGENCIES AND BIA17 FUNDED SCHOOLS.—An eligible local educational 

18 agency or eligible BIA-funded school that desires an 

19 emergency impact aid payment under this section 

20 shall submit an application to the State educational 

21 agency at such time, in such manner, and accom22 panied by such information as the State educational 

23 agency may reasonably require, including docu24 mentation submitted quarterly for the 2005–2006 

25 school year that indicates the following: 
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1 (A) In the case of an eligible local edu2 cational agency— 

3 (i) the number of displaced students 

4 enrolled in the elementary schools and sec5 ondary schools (including charter schools 

6 and including the number of displaced stu7 dents who are served under part B of the 

8 Individuals with Disabilities Education 

9 Act) served by such agency for such quar10 ter; and 

11 (ii) the number of displaced students 

12 for whom the eligible local educational 

13 agency expects to provide payments to ac14 counts under subsection (e)(2) (including 

15 the number of displaced students who are 

16 served under part B of the Individuals 

17 with Disabilities Education Act) for such 

18 quarter who meet the following criteria: 

19 (I) The displaced student en20 rolled in an eligible non-public school 

21 prior to the date of enactment of this 

22 Act. 

23 (II) The parent or guardian of 

24 the displaced student chose to enroll 

25 the student in the eligible non-public 
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1 school in which the student is en2 rolled. 

3 (III) The parent or guardian of 

4 the displaced student submitted an 

5 application requesting that the agency 

6 make a payment to an account on be7 half of the student. 

8 (IV) The displaced student’s tui9 tion and fees (and transportation ex10 penses, if any) for the 2005–2006 

11 school year is waived or reimbursed 

12 (by the eligible non-public school) in 

13 an amount that is not less than the 

14 amount of emergency impact aid pay15 ment provided on behalf of such stu16 dent under this section. 

17 (B) In the case of an eligible BIA-funded 

18 school, the number of displaced students, in19 cluding the number of displaced students who 

20 are served under part B of the Individuals with 

21 Disabilities Education Act (20 U.S.C. 1411 et 

22 seq.), enrolled in such school for such quarter. 

23 (3) DETERMINATION OF NUMBER OF DIS24 PLACED STUDENTS.—In determining the number of 

25 displaced students for a quarter under paragraph 
27 

•S 1904 PCS

1 (2), an eligible local educational agency or eligible 

2 BIA-funded school shall include in such number the 

3 number of displaced students served during such 

4 quarter prior to the date of enactment of this Act. 

5 (d) AMOUNT OF EMERGENCY IMPACT AID.— 

6 (1) AID TO STATE EDUCATIONAL AGENCIES.— 

7 (A) IN GENERAL.—The amount of emer8 gency impact aid received by a State edu9 cational agency for the 2005–2006 school year 

10 shall equal the sum of— 

11 (i) the product of the number of dis12 placed students (who are not served under 

13 part B of the Individuals with Disabilities 

14 Education Act (20 U.S.C. 1411 et seq.)), 

15 as determined by the eligible local edu16 cational agencies and eligible BIA-funded 

17 schools in the State under subsection 

18 (c)(2), times $6,000; and 

19 (ii) the product of the number of dis20 placed students who are served under part 

21 B of the Individuals with Disabilities Edu22 cation Act, as determined by the eligible 

23 local educational agencies and eligible BIA24 funded schools in the State under sub25 section (c)(2), times $7,500. 
28 

•S 1904 PCS

1 (B) INSUFFICIENT FUNDS.—If the amount 

2 available under this section to provide emer3 gency impact aid under this subsection is insuf4 ficient to pay the full amount that a State edu5 cational agency is eligible to receive under this 

6 section, the Secretary of Education shall rat7 ably reduce the amount of such emergency im8 pact aid. 

9 (2) AID TO ELIGIBLE LOCAL EDUCATIONAL

10 AGENCIES AND ELIGIBLE BIA-FUNDED SCHOOLS.— 

11 (A) QUARTERLY INSTALLMENTS.— 

12 (i) IN GENERAL.—A State educational 

13 agency shall provide emergency impact aid 

14 payments under this section on a quarterly 

15 basis for the 2005–2006 school year by 

16 such dates as determined by the Secretary 

17 of Education. Such quarterly installment 

18 payments shall be based on the number of 

19 displaced students reported under sub20 section (c)(2) and in the amount deter21 mined under clause (ii). 

22 (ii) PAYMENT AMOUNT.—Each quar23 terly installment payment under clause (i) 

24 shall equal 25 percent of the sum of— 
29 

•S 1904 PCS

1 (I) the number of displaced stu2 dents (who are not served under part 

3 B of the Individuals with Disabilities 

4 Education Act (20 U.S.C. 1411 et 

5 seq.)) reported by the eligible local 

6 educational agency or eligible BIA7 funded school for such quarter (as de8 termined under subsection (c)(2)) 

9 times $6,000; and 

10 (II) the number of displaced stu11 dents who are served under part B of 

12 the Individuals with Disabilities Edu13 cation Act (20 U.S.C. 1411 et seq.) 

14 reported by the eligible local edu15 cational agency or eligible BIA-funded 

16 school for such quarter (as deter17 mined under subsection (c)(2)) times 

18 $7,500. 

19 (iii) TIMELINE.—The Secretary of 

20 Education shall establish a timeline for 

21 quarterly reporting on the number of dis22 placed students in order to make the ap23 propriate disbursements in a timely man24 ner. 
30 

•S 1904 PCS

1 (iv) INSUFFICIENT FUNDS.—If, for 

2 any quarter, the amount available under 

3 this section to make payments under this 

4 subsection is insufficient to pay the full 

5 amount that an eligible local educational 

6 agency or eligible BIA-funded school is eli7 gible to receive under this section, the 

8 State educational agency shall ratably re9 duce the amount of such payments. 

10 (B) MAXIMUM PAYMENT TO ACCOUNT.—In 

11 providing quarterly payments to an account for 

12 the 2005–2006 school year on behalf of a dis13 placed student for each quarter that such stu14 dent is enrolled in a non-public school in the 

15 area served by the agency under subsection 

16 (e)(2), an eligible local educational agency may 

17 provide not more than 4 quarterly payments to 

18 such account, and the aggregate amount of 

19 such payments shall not exceed the lesser of— 

20 (i)(I) in the case of a displaced stu21 dent who is not served under part B of the 

22 Individuals with Disabilities Education Act 

23 (20 U.S.C. 1411 et seq.), $6,000; or 

24 (II) in the case of a displaced student 

25 who is served under part B of the Individ-
31 

•S 1904 PCS

1 uals with Disabilities Education Act, 

2 $7,500; or 

3 (ii) the cost of tuition and fees (and 

4 transportation expenses, if any) at the 

5 non-public school for the 2005–2006 school 

6 year. 

7 (e) USE OF FUNDS.— 

8 (1) DISPLACED STUDENTS IN PUBLIC

9 SCHOOLS.—An eligible local educational agency or 

10 eligible BIA-funded school receiving emergency im11 pact aid payments under this section shall use the 

12 payments to provide instructional opportunities for 

13 displaced students who enroll in elementary schools 

14 and secondary schools (including charter schools) 

15 served by such agency or in such a school, and for 

16 other expenses incurred as a result of the agency or 

17 school serving displaced students, which uses may 

18 include— 

19 (A) paying the compensation of personnel, 

20 including teacher aides, in schools enrolling dis21 placed students; 

22 (B) identifying and acquiring curricular 

23 material, including the costs of providing addi24 tional classroom supplies, and mobile edu25 cational units and leasing sites or spaces; 
32 

•S 1904 PCS

1 (C) basic instructional services for such 

2 students, including tutoring, mentoring, or aca3 demic counseling; 

4 (D) reasonable transportation costs; 

5 (E) health services (including counseling 

6 and mental health services); and 

7 (F) education and support services. 

8 (2) DISPLACED STUDENTS IN NON-PUBLIC

9 SCHOOLS.— 

10 (A) IN GENERAL.—An eligible local edu11 cational agency that receives emergency impact 

12 aid payments under this section and that serves 

13 an area in which there is located an eligible 

14 non-public school shall, at the request of the 

15 parent or guardian of a displaced student who 

16 meets the criteria described in subsection 

17 (c)(2)(A)(ii) and who enrolled in a non-public 

18 school in an area served by the agency, use 

19 such emergency impact aid payment to provide 

20 payment on a quarterly basis (but not to exceed 

21 the total amount specified in subsection 

22 (d)(2)(B) for the 2005–2006 school year) to an 

23 account on behalf of such displaced student, 

24 which payment shall be used to assist in paying 

25 for any of the following: 
33 

•S 1904 PCS

1 (i) Paying the compensation of per2 sonnel, including teacher aides, in the non3 public school, which funds shall not be 

4 used for religious instruction, proselytiza5 tion, or worship. 

6 (ii) Identifying and acquiring cur7 ricular material, including the costs of pro8 viding additional classroom supplies (which 

9 shall be secular, neutral, and shall not 

10 have a religious component), and mobile 

11 educational units and leasing sites or 

12 spaces, which shall not be used for reli13 gious instruction, proselytization, or wor14 ship. 

15 (iii) Basic instructional services, in16 cluding tutoring, mentoring, or academic 

17 counseling, which services shall be secular 

18 and neutral and shall not be used for reli19 gious instruction, proselytization, or wor20 ship. 

21 (iv) Reasonable transportation costs. 

22 (v) Health services (including coun23 seling and mental health services), which 

24 services shall be secular and neutral and 
34 

•S 1904 PCS

1 shall not be used for religious instruction, 

2 proselytization, or worship. 

3 (vi) Education and support services, 

4 which services shall be secular and neutral 

5 and shall not be used for religious instruc6 tion, proselytization, or worship. 

7 (B) VERIFICATION OF ENROLLMENT.—Be8 fore providing a quarterly payment to an ac9 count under subparagraph (A), the eligible local 

10 educational agency shall verify with the parent 

11 or guardian of a displaced student that such 

12 displaced student is enrolled in the non-public 

13 school. 

14 (3) PROVISION OF SPECIAL EDUCATION AND

15 RELATED SERVICES.— 

16 (A) IN GENERAL.—In the case of a dis17 placed student who is served under part B of 

18 the Individuals with Disabilities Education Act 

19 (20 U.S.C. 1411 et seq.), any payment made on 

20 behalf of such student to an eligible local edu21 cational agency or any payment available in an 

22 account for such student, shall be used to pay 

23 the cost of providing the student with special 

24 education and related services consistent with 
35 

•S 1904 PCS

1 the Individuals with Disabilities Education Act 

2 (20 U.S.C. 1400 et seq.). 

3 (B) SPECIAL RULE.— 

4 (i) RETENTION.—Notwithstanding 

5 any other provision of this section, if an el6 igible local educational agency provides 

7 services to a displaced student attending 

8 an eligible non-public school under section 

9 612(a)(10) of the Individuals with Disabil10 ities Education Act (20 U.S.C. 

11 1412(a)(10)), the eligible local educational 

12 agency may retain a portion of the assist13 ance received under this section for such 

14 student to pay the cost of providing such 

15 services. 

16 (ii) DETERMINATION OF PORTION.— 

17 (I) GUIDELINES.—Each State 

18 shall issue guidelines that specify the 

19 portion of the assistance that an eligi20 ble local educational agency in the 

21 State may retain under this subpara22 graph. Each State shall apply such 

23 guidelines in a consistent manner 

24 throughout the State. 
36 

•S 1904 PCS

1 (II) DETERMINATION OF POR2 TION.—The portion specified in the 

3 guidelines shall be based on cus4 tomary costs of providing services 

5 under such section 612(a)(10) for the 

6 local educational agency. 

7 (C) DEFINITIONS.—In this paragraph: 

8 (i) SPECIAL EDUCATION; RELATED

9 SERVICES.—The terms ‘‘special education’’ 

10 and ‘‘related services’’ have the meaning 

11 given such terms in section 602 of the In12 dividuals with Disabilities Education Act 

13 (20 U.S.C. 1401). 

14 (ii) INDIVIDUALIZED EDUCATION PRO15 GRAM.—The term ‘‘individualized edu16 cation program’’ has the meaning given 

17 the term in section 614(d)(2) of the Indi18 viduals with Disabilities Education Act (20 

19 U.S.C. 1414(d)(2)). 

20 (f) RETURN OF AID.— 

21 (1) ELIGIBLE LOCAL EDUCATIONAL AGENCY OR

22 ELIGIBLE BIA-FUNDED SCHOOL.—An eligible local 

23 educational agency or eligible BIA-funded school 

24 that receives an emergency impact aid payment 

25 under this section shall return to the State edu-
37 

•S 1904 PCS

1 cational agency any payment provided to the eligible 

2 local educational agency or school under this section 

3 that the eligible local educational agency or school 

4 has not obligated by the end of the 2005–2006 

5 school year in accordance with this section. 

6 (2) STATE EDUCATIONAL AGENCY.—A State 

7 educational agency that receives emergency impact 

8 aid under this section, shall return to the Secretary 

9 of Education— 

10 (A) any aid provided to the agency under 

11 this section that the agency has not obligated 

12 by the end of the 2005–2006 school year in ac13 cordance with this section; and 

14 (B) any payment funds returned to the 

15 State educational agency under paragraph (1). 

16 (g) LIMITATION ON USE OF AID AND PAYMENTS.— 

17 Aid and payments provided under this section shall only 

18 be used for expenses incurred during the 2005–2006 

19 school year. 

20 (h) ADMINISTRATIVE EXPENSES.—A State edu21 cational agency that receives emergency impact aid under 

22 this section may use not more than 1 percent of such aid 

23 for administrative expenses. An eligible local educational 

24 agency or eligible BIA-funded school that receives emer25 gency impact aid payments under this section may use not 
38 

•S 1904 PCS

1 more than 2 percent of such payments for administrative 

2 expenses. 

3 (i) SPECIAL FUNDING RULE.—In calculating funding 

4 under section 8003 of the Elementary and Secondary 

5 Education Act of 1965 (20 U.S.C. 7703) for an eligible 

6 local educational agency that receives an emergency im7 pact aid payment under this section, the Secretary of Edu8 cation shall not count displaced students served by such 

9 agency for whom an emergency impact aid payment is re10 ceived under this section, nor shall such students be count11 ed for the purpose of calculating the total number of chil12 dren in average daily attendance at the schools served by 

13 such agency as provided in section 8003(b)(3)(B)(i) of 

14 such Act (20 U.S.C. 7703(b)(3)(B)(i)). 

15 (j) TERMINATION OF AUTHORITY.—The authority 

16 provided by this section shall terminate on August 1, 

17 2006. 

18 (k) NOTICE OF OPTION OF PUBLIC SCHOOL OR NON19 PUBLIC SCHOOL ENROLLMENT.—Each State receiving 

20 emergency impact aid under this section shall provide, to 

21 the parent or guardian of each displaced student for whom 

22 a payment is made under this section to an account who 

23 resides in such State, notification that such parent or 

24 guardian has the option of enrolling such student in a pub25 lic school or a non-public school. 
39 

•S 1904 PCS

1 (l) BY-PASS.—If a State educational agency or eligi2 ble local educational agency is unable to carry out this 

3 section, the Secretary of Education may make such ar4 rangements with the State as the Secretary determines ap5 propriate to carry out this section on behalf of displaced 

6 students attending an eligible non-public school in the area 

7 served by such agency. For a State in which State law 

8 prohibits the State from using Federal funds to directly 

9 provide services on behalf of students attending non-public 

10 schools and provides that another entity shall provide such 

11 services, the Secretary of Education shall make such ar12 rangements with that entity. 

13 (m) NONDISCRIMINATION.— 

14 (1) IN GENERAL.—A school that enrolls a dis15 placed student under this section shall not discrimi16 nate against students on the basis of race, color, na17 tional origin, religion, disability, or sex. 

18 (2) APPLICABILITY AND SINGLE SEX SCHOOLS, 

19 CLASSES, OR ACTIVITIES.— 

20 (A) IN GENERAL.—To the extent con21 sistent with title IX of the Education Amend22 ments of 1972 (20 U.S.C. 1681 et seq.), the 

23 prohibition of sex discrimination in paragraph 

24 (1) shall not apply to a non-public school that 

25 is controlled by a religious organization if the 
40 

•S 1904 PCS

1 application of paragraph (1) would not be con2 sistent with the religious tenets of such organi3 zation. 

4 (B) SINGLE SEX SCHOOLS, CLASSES, OR

5 ACTIVITIES.—Notwithstanding paragraph (1) 

6 and to the extent consistent with title IX of the 

7 Education Amendments of 1972, a parent or 

8 guardian may choose and a non-public school 

9 may offer a single sex school, class, or activity. 

10 (C) ENROLLMENT.—The prohibition of re11 ligious discrimination in paragraph (1) shall not 

12 apply with regard to enrollment for a non-pub13 lic school that is controlled by a religious orga14 nization, except in the case of the enrollment of 

15 displaced students assisted under this section. 

16 (3) GENERAL PROVISION.—Nothing in this sec17 tion may be construed to alter or modify the provi18 sions of the Individuals with Disabilities Education 

19 Act (20 U.S.C. 1400 et seq.), title VI of the Civil 

20 Rights Act of 1964 (42 U.S.C. 2000d et seq.), title 

21 IX of the Education Amendments of 1972 (20 

22 U.S.C. 1681 et seq.), and the Rehabilitation Act of 

23 1973 (29 U.S.C. 701 et seq.). 

24 (4) OPT-IN.—A displaced student assisted 

25 under this section who is enrolled in a non-public 
41 

•S 1904 PCS

1 school shall not participate in religious worship or 

2 religious classes at such school unless such student’s 

3 parent or guardian chooses to opt-in such student 

4 for such religious worship or religious classes. 

5 (5) RULE OF CONSTRUCTION.—The amount of 

6 any payment (or other form of support provided on 

7 behalf of a displaced student) under this section 

8 shall not be treated as income of a parent or guard9 ian of the student for purposes of Federal tax laws 

10 or for determining eligibility for any other Federal 

11 program. 

12 (n) TREATMENT OF STATE AID.—A State shall not 

13 take into consideration emergency impact aid payments 

14 received under this section by a local educational agency 

15 in the State in determining the eligibility of such local edu16 cational agency for State aid, or the amount of State aid, 

17 with respect to free public education of children. 

18 (o) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated to carry out this section 

20 $2,400,000,000 for fiscal year 2006. 

21 SEC. 12. SUNSET PROVISION. 

22 Except as otherwise provided in this Act, the provi23 sions of this Act shall be effective for the period beginning 

24 on the date of enactment of this Act and ending on August 

25 1, 2006. 
Calendar No. 253 

109TH CONGRESS 

1ST SESSION S. 1904 

A BILL 

To provide elementary and secondary education asHurricane Katrina. sistance to students and schools impacted by 

OCTOBER 21, 2005 

Read the second time and placed on the calendar