II 

114TH CONGRESS 

1ST SESSION S. 1505 

To amend part D of title V of the Elementary and Secondary Education 

Act of 1965 to provide grants for the repair, renovation, and construction 

of elementary and secondary schools. 

IN THE SENATE OF THE UNITED STATES 

JUNE 4, 2015 

Mr. SCHATZ introduced the following bill; which was read twice and referred 

to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To amend part D of title V of the Elementary and Secondary 

Education Act of 1965 to provide grants for the repair, 

renovation, and construction of elementary and secondary 

schools. 

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 ‘‘School Building Fair5 ness Act of 2015’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) Providing safe, healthy, and modern public 

2 elementary school and secondary school facilities is 

3 a crucial component of improving student academic 

4 performance and retaining effective, high-quality 

5 educators. 

6 (2) The Department of Education reports that 

7 a growing body of research has linked student 

8 achievement and behavior to the physical condition 

9 of school buildings. 

10 (3) The 2013 Infrastructure Report Card com11 piled by the American Society of Civil Engineers 

12 gives the Nation’s public schools a D grade. 

13 (4) In 2014, the National Center for Education 

14 Statistics reported that a majority (53 percent) of 

15 the Nation’s elementary schools and secondary 

16 schools are in need of renovations, modernization, or 

17 repairs to be brought into ‘‘good condition’’. The es18 timated cost for this work is $197,000,000,000, or 

19 an average of $4,500,000 per school. 

20 (5) From 2000–2008, approximately 

21 $20,000,000,000 was spent annually on school con22 struction; since the start of the Great Recession in 

23 2008, that spending has declined by half, to approxi24 mately $10,000,000,000 per year by 2012. 


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1 (6) In 1998, the Department of Education re2 ported that the average age of a public elementary 

3 school or secondary school building was estimated to 

4 be 42 years old. 

5 (7) Due to the absence of national data on 

6 school facilities for more than a decade, a complete 

7 picture of the condition of the Nation’s schools re8 mains mostly unknown. 

9 (8) According to the 2006 report ‘‘Greening 

10 America’s Schools: Costs and Benefits’’, green 

11 schools use 33 percent less energy and 32 percent 

12 less water than conventionally built schools, gener13 ating financial savings of about $70 per square foot. 

14 (9) On average, green schools save $100,000 

15 per year on operating costs. 

16 SEC. 3. GRANTS FOR SCHOOL REPAIR, RENOVATION, AND 

17 CONSTRUCTION. 

18 (a) IN GENERAL.—Part D of title V of the Elemen19 tary and Secondary Education Act of 1965 (20 U.S.C. 

20 7241 et seq.) is amended by adding at the end the fol21 lowing: 

22 ‘‘Subpart 22—School Facilities 

23 ‘‘SEC. 5621. GRANTS FOR SCHOOL REPAIR, RENOVATION, 

24 AND CONSTRUCTION. 

25 ‘‘(a) DEFINITIONS.—In this section: 


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1 ‘‘(1) CHARTER SCHOOL.—The term ‘charter 

2 school’ has the meaning given the term in section 

3 5210. 

4 ‘‘(2) CHPS CRITERIA.—The term ‘CHPS Cri5 teria’ means the green building rating criteria devel6 oped by the Collaborative for High Performance 

7 Schools. 

8 ‘‘(3) EARLY LEARNING FACILITY.—The term 

9 ‘early learning facility’ means a public facility that— 

10 ‘‘(A) serves children who are not yet in 

11 kindergarten; and 

12 ‘‘(B) is under the jurisdiction of a local 

13 educational agency. 

14 ‘‘(4) ENERGY STAR.—The term ‘Energy Star’ 

15 means the Energy Star program of the Department 

16 of Energy and the Environmental Protection Agen17 cy. 

18 ‘‘(5) GREEN GLOBES.—The term ‘Green 

19 Globes’ means the Green Building Initiative environ20 mental design and rating system. 

21 ‘‘(6) HIGH-NEED LOCAL EDUCATIONAL AGEN22 CY.—The term ‘high-need local educational agency’ 

23 has the meaning given the term in section 

24 2102(3)(A). 


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1 ‘‘(7) LEED GREEN BUILDING RATING SYS2 TEM.—The term ‘LEED Green Building Rating 

3 System’ means the United States Green Building 

4 Council Leadership in Energy and Environmental 

5 Design green building rating system. 

6 ‘‘(8) LIVING BUILDING CHALLENGE.—The term 

7 ‘Living Building Challenge’ means the Living Build8 ing Challenge building certification program. 

9 ‘‘(9) PUBLIC SCHOOL FACILITY.—The term 

10 ‘public school facility’ means a public elementary or 

11 secondary school facility, including a public charter 

12 school facility or an existing facility planned for 

13 adaptive reuse as a public charter school facility. 

14 ‘‘(10) RURAL LOCAL EDUCATIONAL AGENCY.— 

15 The term ‘rural local educational agency’ means a 

16 local educational agency that meets the eligibility re17 quirements under— 

18 ‘‘(A) section 6211(b) for participation in 

19 the program described in subpart 1 of part B 

20 of title VI; or 

21 ‘‘(B) section 6221(b) for participation in 

22 the program described in subpart 2 of part B 

23 of title VI. 


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1 ‘‘(11) STATE.—The term ‘State’ means each of 

2 the several States of the United States, the District 

3 of Columbia, and the Commonwealth of Puerto Rico. 

4 ‘‘(b) ALLOCATION OF FUNDS.— 

5 ‘‘(1) RESERVATIONS.—From the funds appro6 priated under subsection (i) for a fiscal year, the 

7 Secretary shall reserve 1 percent to provide assist8 ance to the outlying areas and for payments to the 

9 Secretary of the Interior to provide assistance to 

10 schools funded by the Bureau of Indian Education. 

11 Funds allocated under this paragraph shall be re12 served by the Secretary for distribution among the 

13 outlying areas and the Secretary of the Interior on 

14 the basis of their relative need for public elementary 

15 school and secondary school repair, renovation, and 

16 construction, as determined by the Secretary. 

17 ‘‘(2) ALLOCATION TO STATE EDUCATIONAL

18 AGENCIES.—From the funds appropriated under 

19 subsection (i) for a fiscal year that are not reserved 

20 under paragraph (1) for the fiscal year, the Sec21 retary shall allocate to each State educational agen22 cy serving a State an amount that bears the same 

23 relation to the funds as the amount the State re24 ceived under part A of title I for the fiscal year pre25 ceding the fiscal year for which the determination is 


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1 made bears to the amount all States received under 

2 such part for such preceding fiscal year, except that 

3 no such State educational agency shall receive less 

4 than 0.5 percent of the amount allocated under this 

5 subsection. 

6 ‘‘(c) WITHIN-STATE DISTRIBUTIONS.— 

7 ‘‘(1) ADMINISTRATIVE AND OTHER COSTS.— 

8 ‘‘(A) STATE EDUCATIONAL AGENCY AD9 MINISTRATION AND OTHER COSTS.—Except as 

10 provided in subparagraph (D), each State edu11 cational agency may reserve not more than 1 

12 percent of the State educational agency’s alloca13 tion under subsection (b) for the purposes of 

14 administering the distribution of grants under 

15 this subsection and awarding grants under sub16 paragraph (C)(v). 

17 ‘‘(B) REQUIRED USES.—The State edu18 cational agency shall use a portion of the funds 

19 reserved under subparagraph (A)— 

20 ‘‘(i) to provide technical assistance to 

21 local educational agencies; and 

22 ‘‘(ii) to establish or support a State23 level database of public school facility in24 ventory, condition, design, and utilization, 


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1 which shall include for each school facil2 ity— 

3 ‘‘(I) the age of the facility; 

4 ‘‘(II) the total square footage of 

5 the facility that is used for academic 

6 or technical classroom instruction; 

7 and 

8 ‘‘(III) the year of the last major 

9 renovation of the facility. 

10 ‘‘(C) PERMISSIBLE USES.—The State edu11 cational agency may use a portion of the funds 

12 reserved under subparagraph (A) for— 

13 ‘‘(i) developing a statewide public 

14 school educational facility master plan; 

15 ‘‘(ii) developing policies, procedures, 

16 and standards for high-quality, energy effi17 cient public school facilities; 

18 ‘‘(iii) supporting interagency collabo19 ration that will lead to broad community 

20 use of public school facilities, and school21 based services for students served by high22 need local educational agencies or rural 

23 local educational agencies; 

24 ‘‘(iv) helping to defray the cost of 

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1 mentary school and secondary school re2 pair, renovation, and construction; and 

3 ‘‘(v) awarding grants to State-oper4 ated or State-supported schools, such as a 

5 State school for the deaf or for the blind, 

6 to enable such schools to carry out school 

7 repair, renovation, and construction activi8 ties in accordance with subsection (d). 

9 ‘‘(D) STATE ENTITY ADMINISTRATION AND

10 OTHER COSTS.—If the State educational agency 

11 transfers funds to a State entity described in 

12 paragraph (2)(A), the State educational agency 

13 shall transfer to such State entity not less than 

14 75 percent of the amount reserved under sub15 paragraph (A) for the purpose of carrying out 

16 the activities described in subparagraph (C). 

17 ‘‘(2) DISTRIBUTION OF COMPETITIVE SCHOOL

18 REPAIR, RENOVATION, AND CONSTRUCTION GRANTS

19 TO LOCAL EDUCATIONAL AGENCIES.— 

20 ‘‘(A) IN GENERAL.—Of the funds allocated 

21 to a State educational agency under subsection 

22 (b) that are not reserved under paragraph (1), 

23 the State educational agency shall distribute 

24 100 percent of such funds to local educational 

25 agencies or, if the State educational agency is 


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1 not responsible for the financing of public 

2 school facilities, the State educational agency 

3 shall transfer such funds to the State entity re4 sponsible for the financing of public school fa5 cilities (referred to in this section as the ‘State 

6 entity’) for distribution by such State entity to 

7 local educational agencies in accordance with 

8 this paragraph, to be used, consistent with sub9 section (d), for public elementary school or sec10 ondary school repair, renovation, and construc11 tion. 

12 ‘‘(B) COMPETITIVE GRANTS TO LOCAL

13 EDUCATIONAL AGENCIES.—The State edu14 cational agency or State entity shall carry out 

15 a program to award grants, on a competitive 

16 basis, to local educational agencies for public el17 ementary school or secondary school repair, 

18 renovation, and construction. Of the total 

19 amount available for distribution to local edu20 cational agencies under this paragraph, the 

21 State educational agency or State entity, shall, 

22 in carrying out the grant competition— 

23 ‘‘(i) award to high-need local edu24 cational agencies, in the aggregate, not less 

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1 lationship to such total amount as the ag2 gregate amount such high-need local edu3 cational agencies received under part A of 

4 title I for the fiscal year preceding the fis5 cal year for which the determination is 

6 made bears to the aggregate amount re7 ceived for such preceding fiscal year under 

8 such part by all local educational agencies 

9 in the State; 

10 ‘‘(ii) award to rural local educational 

11 agencies in the State, in the aggregate, not 

12 less than an amount which bears the same 

13 relationship to such total amount as the 

14 aggregate amount such rural local edu15 cational agencies received under part A of 

16 title I for the fiscal year preceding the fis17 cal year for which the determination is 

18 made bears to the aggregate amount re19 ceived for such preceding fiscal year under 

20 such part by all local educational agencies 

21 in the State; and 

22 ‘‘(iii) award the remaining funds to 

23 local educational agencies in the State that 

24 did not receive a grant award under clause 

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1 cational agencies and rural local edu2 cational agencies that did not receive a 

3 grant award under clause (i) or (ii). 

4 ‘‘(C) CRITERIA FOR AWARDING GRANTS.— 

5 In awarding competitive grants under this para6 graph, a State educational agency or State enti7 ty shall take into account the following criteria: 

8 ‘‘(i) PERCENTAGE OF POOR CHIL9 DREN.—The percentage of children served 

10 by the local educational agency who are be11 tween 5 to 17 years of age, inclusive, and 

12 who are from families with incomes below 

13 the poverty line. 

14 ‘‘(ii) NEED FOR SCHOOL REPAIR, 

15 RENOVATION, AND CONSTRUCTION.—The 

16 need of a local educational agency for 

17 school repair, renovation, and construction, 

18 as demonstrated by the condition of the 

19 public school facilities of the local edu20 cational agency or the local educational 

21 agency’s need for such facilities. 

22 ‘‘(iii) GREEN SCHOOLS.—The extent 

23 to which a local educational agency will 

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1 tices that are certified, verified, or con2 sistent with any applicable provisions of— 

3 ‘‘(I) the LEED Green Building 

4 Rating System; 

5 ‘‘(II) Energy Star; 

6 ‘‘(III) the CHPS Criteria; 

7 ‘‘(IV) the Living Building Chal8 lenge; 

9 ‘‘(V) Green Globes; or 

10 ‘‘(VI) an equivalent program 

11 adopted by the State or another juris12 diction with authority over the local 

13 educational agency. 

14 ‘‘(iv) FISCAL CAPACITY.—The fiscal 

15 capacity of a local educational agency to 

16 meet the needs of the local educational 

17 agency for repair, renovation, and con18 struction of public school facilities without 

19 assistance under this section, including the 

20 ability of the local educational agency to 

21 raise funds through the use of local bond22 ing capacity and otherwise. 

23 ‘‘(v) LIKELIHOOD OF MAINTAINING

24 THE FACILITY.—The likelihood that a local 

25 educational agency will maintain, in good 


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1 condition, any public school facility whose 

2 repair, renovation, or construction is as3 sisted under this section. 

4 ‘‘(vi) CHARTER SCHOOL EQUITABLE

5 ACCESS TO FUNDING.—In the case of a 

6 local educational agency that proposes to 

7 fund a repair, renovation, or construction 

8 project for a public charter school, the ex9 tent to which the public charter school 

10 lacks access to funding for school repair, 

11 renovation, and construction through the 

12 financing methods available to other public 

13 schools or local educational agencies in the 

14 State. 

15 ‘‘(D) MATCHING REQUIREMENT.— 

16 ‘‘(i) IN GENERAL.—A State edu17 cational agency or State entity shall re18 quire local educational agencies to match 

19 funds awarded under this paragraph. 

20 ‘‘(ii) MATCH AMOUNT.—The amount 

21 of a match described in clause (i) may be 

22 established by using a sliding scale that 

23 takes into account the relative poverty of 

24 the population served by the local edu25 cational agency. 


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1 ‘‘(d) RULES APPLICABLE TO SCHOOL REPAIR, REN2 OVATION, AND CONSTRUCTION.—With respect to funds 

3 made available under this section that are used for school 

4 repair, renovation, and construction, the following rules 

5 shall apply: 

6 ‘‘(1) PERMISSIBLE USES OF FUNDS.—School 

7 repair, renovation, and construction shall be limited 

8 to 1 or more of the following: 

9 ‘‘(A) Upgrades, repair, construction, or re10 placement of public elementary school or sec11 ondary school building systems or components 

12 to improve the quality of education and ensure 

13 the health and safety of students and staff, in14 cluding— 

15 ‘‘(i) repairing, replacing, or con16 structing early learning facilities at public 

17 elementary schools (including renovation of 

18 existing facilities to serve children under 5 

19 years of age); 

20 ‘‘(ii) repairing, replacing, or installing 

21 roofs, windows, doors, electrical wiring, 

22 plumbing systems, or sewage systems; 

23 ‘‘(iii) repairing, replacing, or installing 

24 heating, ventilation, or air conditioning 

25 systems (including insulation); and 


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1 ‘‘(iv) bringing such public schools into 

2 compliance with fire and safety codes. 

3 ‘‘(B) Public school facilities modifications 

4 necessary to render public school facilities ac5 cessible in order to comply with the Americans 

6 with Disabilities Act of 1990 (42 U.S.C. 12101 

7 et seq.) and section 504 of the Rehabilitation 

8 Act of 1973 (29 U.S.C. 794). 

9 ‘‘(C) Improvements to the environmental 

10 conditions of public elementary school or sec11 ondary school sites, including asbestos abate12 ment or removal, and the reduction or elimi13 nation of human exposure to lead-based paint, 

14 mold, or mildew. 

15 ‘‘(D) Measures designed to reduce or elimi16 nate human exposure to classroom noise and 

17 environmental noise pollution. 

18 ‘‘(E) Modifications necessary to reduce the 

19 consumption of electricity, natural gas, oil, 

20 water, coal, or land. 

21 ‘‘(F) Upgrades or installations of edu22 cational technology infrastructure to ensure 

23 that students have access to up-to-date edu24 cational technology. 


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1 ‘‘(G) Measures that will broaden or im2 prove the use of public elementary school or 

3 secondary school buildings and grounds by the 

4 community in order to improve educational out5 comes. 

6 ‘‘(2) IMPERMISSIBLE USES OF FUNDS.—No 

7 funds received under this section may be used for— 

8 ‘‘(A) payment of maintenance costs in con9 nection with any projects constructed in whole 

10 or part with Federal funds provided under this 

11 section; 

12 ‘‘(B) purchase or upgrade of vehicles; 

13 ‘‘(C) improvement or construction of 

14 stand-alone facilities whose purpose is not the 

15 education of children, including central office 

16 administration or operations or logistical sup17 port facilities; 

18 ‘‘(D) purchase of information technology 

19 hardware, including computers, monitors, or 

20 printers; 

21 ‘‘(E) stadiums or other facilities primarily 

22 used for athletic contests or exhibitions or other 

23 events for which admission is charged to the 

24 general public; or 

25 ‘‘(F) purchase of carbon offsets. 


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1 ‘‘(3) SUPPLEMENT, NOT SUPPLANT.—A local 

2 educational agency or State-operated or State-sup3 ported school shall use Federal funds subject to this 

4 subsection only to supplement the amount of funds 

5 that would, in the absence of such Federal funds, be 

6 made available from non-Federal sources for school 

7 repair, renovation, and construction. 

8 ‘‘(e) QUALIFIED BIDDERS; COMPETITION.—Each 

9 local educational agency that receives funds under sub10 section (c)(2) shall ensure that, if the local educational 

11 agency carries out repair, renovation, or construction 

12 through a contract, any such contract process ensures the 

13 maximum number of qualified bidders, including small, 

14 minority, and women-owned businesses, through full and 

15 open competition. 

16 ‘‘(f) PUBLIC COMMENT.—Each local educational 

17 agency receiving funds under subsection (c)(2)— 

18 ‘‘(1) shall provide an opportunity for public 

19 comment, and ensure that parents, educators, and 

20 all other interested members of the community in 

21 which the school to be assisted is located have the 

22 opportunity to consult, on the use of the funds re23 ceived under such subsection; 

24 ‘‘(2) shall provide the public with adequate and 

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1 graph (1) in a widely read and distributed medium; 

2 and 

3 ‘‘(3) shall provide the opportunity described in 

4 paragraph (1) in accordance with any applicable 

5 State and local law specifying how the comments 

6 may be received and how the comments may be re7 viewed by any member of the public. 

8 ‘‘(g) REPORTING.— 

9 ‘‘(1) LOCAL REPORTING.—Each local edu10 cational agency receiving funds under subsection 

11 (c)(2) shall submit a report to the State educational 

12 agency, at such time as the State educational agency 

13 may require, describing the use of such funds for 

14 school repair, renovation, and construction. 

15 ‘‘(2) STATE REPORTING.—Each State edu16 cational agency receiving funds under subsection (b) 

17 shall submit to the Secretary, at such time as the 

18 Secretary may require, a report on the use of funds 

19 received under this section and made available to 

20 local educational agencies (and, if applicable, to 

21 State-operated or State-sponsored schools) for school 

22 repair, renovation, and construction. 

23 ‘‘(h) REALLOCATION.—If a State educational agency 

24 does not apply for an allocation of funds under subsection 

25 (b) for a fiscal year, or does not use the State educational 


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1 agency’s entire allocation for such fiscal year, then the 

2 Secretary may reallocate the amount of the State edu3 cational agency’s allocation (or the remainder thereof, as 

4 the case may be) for such fiscal year to the remaining 

5 State educational agencies in accordance with subsection 

6 (b). 

7 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated to carry out this section, 

9 $1,000,000,000 for fiscal year 2016, and such sums as 

10 may be necessary for each of fiscal years 2017 through 

11 2020. 

12 ‘‘SEC. 5622. NATIONAL CENTER FOR EDUCATION STATIS13 TICS STUDY. 

14 ‘‘(a) IN GENERAL.—The Commissioner of the Na15 tional Center for Education Statistics shall conduct a 

16 study of the condition of public school facilities in the 

17 United States. 

18 ‘‘(b) ESTIMATES AND MEASURES.—In conducting 

19 the study, the Commissioner of the National Center for 

20 Education Statistics shall— 

21 ‘‘(1) estimate the costs needed to repair and 

22 renovate all public elementary schools and secondary 

23 schools in the United States to good overall condi24 tion; and 


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1 ‘‘(2) measure recent expenditures of Federal, 

2 State, local, and private funds for public elementary 

3 school and secondary school repair, renovation, and 

4 construction costs in the United States. 

5 ‘‘(c) ANALYSIS.—In conducting the study, the Com6 missioner of the National Center for Education Statistics 

7 shall examine trends in expenditures of Federal, State, 

8 local, and private funds since fiscal year 2001 for repair, 

9 renovation, and construction activities for public elemen10 tary schools and secondary schools in the United States, 

11 including examining the differences between the types of 

12 schools assisted, and the types of repair, renovation, and 

13 construction activities conducted, with those expenditures. 

14 ‘‘(d) REPORT.—The Commissioner of the National 

15 Center for Education Statistics shall prepare and submit 

16 to Congress a report containing the results of the study.’’. 

17 (b) TABLE OF CONTENTS.—The table of contents in 

18 section 2 of the Elementary and Secondary Education Act 

19 of 1965 is amended by inserting after the item relating 

20 to section 5618 the following: 

‘‘Subpart 22—School Facilities 

‘‘Sec. 5621. Grants for school repair, renovation, and construction. 

‘‘Sec. 5622. National Center for Education Statistics study.’’. 

Æ 


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