I 

114TH CONGRESS 

1ST SESSION H. R. 2634 

To provide for temporary emergency impact aid for local educational agencies. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 3, 2015 

Mr. ISRAEL (for himself and Mr. KING of New York) introduced the following 

bill; which was referred to the Committee on Education and the Workforce 

A BILL 

To provide for temporary emergency impact aid for local 

educational agencies. 

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 ‘‘Public School Emer5 gency Relief Act’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds the following: 

8 (1) In 2014, the United States experienced an 

9 unprecedented influx in arrivals of unaccompanied 

10 alien children. 


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1 (2) In fiscal year 2014, the Department of 

2 Health and Human Services Office of Refugee Re3 settlement released 53,518 unaccompanied alien chil4 dren to sponsors nationwide. An additional 10,228 

5 unaccompanied alien children were released to spon6 sors from the beginning of fiscal year 2015 to March 

7 31 of that fiscal year. 

8 (3) Federal law, as upheld by the Supreme 

9 Court decision in Plyer v. Doe, 457 U.S. 202 

10 (1982), permits all children residing in the United 

11 States access to a public elementary and secondary 

12 education regardless of their immigration status. 

13 (4) An unprecedented influx of unaccompanied 

14 alien children has resulted in a strain on the Na15 tion’s public school system. 

16 (5) In response to these conditions, this Act 

17 creates an emergency grant for the 2015–2016 

18 school year tailored to the needs of local educational 

19 agencies affected by enrollment increases attrib20 utable to unaccompanied alien children. 

21 SEC. 3. TEMPORARY EMERGENCY IMPACT AID FOR IMMI22 GRANT STUDENTS. 

23 (a) TEMPORARY EMERGENCY IMPACT AID AUTHOR24 IZED.— 


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1 (1) AID TO STATE EDUCATIONAL AGENCIES.— 

2 From amounts appropriated to carry out this Act, 

3 the Secretary of Education shall provide emergency 

4 impact aid to State educational agencies to enable 

5 the State educational agencies to make emergency 

6 impact aid payments to eligible local educational 

7 agencies and eligible BIA-funded schools to enable 

8 such eligible local educational agencies and schools 

9 to provide for the instruction of students served by 

10 such agencies and schools. 

11 (2) AID TO LOCAL EDUCATIONAL AGENCIES

12 AND BIA-FUNDED SCHOOLS.—A State educational 

13 agency shall make emergency impact aid payments 

14 to eligible local educational agencies and eligible 

15 BIA-funded schools in accordance with subsection 

16 (c). 

17 (3) NOTICE OF FUNDS AVAILABILITY.—Not 

18 later than 14 calendar days after funds are made 

19 available to carry out this Act, the Secretary of Edu20 cation shall publish in the Federal Register a notice 

21 of the availability of funds under this section. 

22 (b) APPLICATION.— 

23 (1) STATE EDUCATIONAL AGENCY.—Not later 

24 than 7 calendar days after the date by which appli25 cations under paragraph (2) shall be submitted, a 


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1 State educational agency that desires to receive 

2 emergency impact aid under this section shall sub3 mit an application to the Secretary of Education, in 

4 such manner and accompanied by such information 

5 as the Secretary of Education may require, including 

6 information on the total immigrant student child 

7 count of the State provided in applications sub8 mitted under paragraph (2) by eligible local edu9 cational agencies and eligible BIA-funded schools in 

10 the State. 

11 (2) LOCAL EDUCATIONAL AGENCIES AND BIA12 FUNDED SCHOOLS.—Not later than 14 days after 

13 the date of the publication of the notice described in 

14 subsection (a)(3), an eligible local educational agen15 cy or eligible BIA-funded school that desires an 

16 emergency impact aid payment under this section 

17 shall submit an application to the State educational 

18 agency, in such manner, and accompanied by such 

19 information as the State educational agency may re20 quire, including documentation submitted for the 

21 most recent quarter completed that indicates the fol22 lowing: 

23 (A) In the case of an eligible local edu24 cational agency, the number of immigrant stu25 dents enrolled in the elementary schools and 


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1 secondary schools (including charter schools) 

2 served by such agency for such quarter. 

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

4 school, the number of immigrant students en5 rolled in such school for such quarter. 

6 (3) DETERMINATION OF NUMBER OF IMMI7 GRANT STUDENTS.—In determining the number of 

8 immigrant students for a quarter under paragraph 

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

10 BIA-funded school shall include the number of im11 migrant students served— 

12 (A) in the case of a determination for the 

13 first quarterly installment, during the most re14 cent quarter completed before the date of enact15 ment of this Act; and 

16 (B) in the case of a determination for each 

17 subsequent quarterly installment, during the 

18 quarter immediately preceding the quarter for 

19 which the installment is provided. 

20 (c) AMOUNT OF EMERGENCY IMPACT AID.— 

21 (1) AID TO STATE EDUCATIONAL AGENCIES.— 

22 (A) IN GENERAL.—The amount of emer23 gency impact aid received by a State edu24 cational agency for the 2015–2016 school year 

25 shall equal the product of— 


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1 (i) the increase (if any) in the total 

2 number of immigrant students— 

3 (I) as determined by the eligible 

4 local educational agencies and eligible 

5 BIA-funded schools in the State 

6 under subsection (b)(2); over 

7 (II) the number of such students 

8 enrolled in such State during the cor9 responding quarter of the 2013–2014 

10 school year; and 

11 (ii) $12,000. 

12 (B) INSUFFICIENT FUNDS.—If the amount 

13 available to provide emergency impact aid under 

14 this section is insufficient to pay the full 

15 amount that each State educational agency is 

16 eligible to receive under this section, the Sec17 retary of Education shall ratably reduce the 

18 amount of such emergency impact aid to each 

19 such State educational agency. 

20 (C) RETENTION OF STATE SHARE.—In the 

21 case of a State educational agency that has 

22 made a payment to a local educational agency 

23 prior to the date of enactment of this Act for 

24 the purpose of covering additional costs in25 curred as a result of enrolling an immigrant 


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1 student in a school served by the local edu2 cational agency for the 2014–2015 and 2015– 

3 2016 school years, the State educational agency 

4 may retain a portion of the payment described 

5 in paragraph (2)(A)(ii) that bears the same re6 lation to the total amount of the payment under 

7 such paragraph as the sum of such prior pay8 ments bears to the total cost of attendance for 

9 all students in that local educational agency for 

10 whom the State educational agency made such 

11 prior payments. 

12 (2) AID TO ELIGIBLE LOCAL EDUCATIONAL

13 AGENCIES AND ELIGIBLE BIA-FUNDED SCHOOLS.— 

14 (A) QUARTERLY INSTALLMENTS.— 

15 (i) IN GENERAL.—A State educational 

16 agency shall provide emergency impact aid 

17 payments under this section to eligible 

18 local educational agencies and eligible BIA19 funded schools on a quarterly basis for the 

20 2015–2016 school year by such dates as 

21 determined by the Secretary of Education. 

22 Such quarterly installment payments shall 

23 be based on the number of immigrant stu24 dents reported under subsection (b)(2). 


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1 (ii) PAYMENT AMOUNT.—Subject to 

2 paragraph (1)(B), each quarterly install3 ment payment under clause (i) shall equal 

4 25 percent of the amount determined 

5 under paragraph (1)(A). 

6 (iii) TIMELINE.—The Secretary of 

7 Education shall establish a timeline for 

8 quarterly reporting on the number of im9 migrant students in order to make the ap10 propriate disbursements in a timely man11 ner. 

12 (iv) INSUFFICIENT FUNDS.—If, for 

13 any quarter, the amount available to a 

14 State educational agency under this section 

15 to make payments to eligible local edu16 cational agencies and eligible BIA-funded 

17 schools under this subsection is insufficient 

18 to pay the full amount that an eligible local 

19 educational agency or eligible BIA-funded 

20 school is eligible to receive under this sec21 tion, the State educational agency shall 

22 ratably reduce the amount of such pay23 ments to each such agency and school. 

24 (3) IMMIGRANT STUDENTS.—Subject to the 

25 subsection (d), an eligible local educational agency 


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1 or eligible BIA-funded school receiving emergency 

2 impact aid payments under this section shall use the 

3 payments to provide services and assistance to ele4 mentary schools and secondary schools (including 

5 charter schools) served by such agency, or to such 

6 BIA-funded school, that enrolled an immigrant stu7 dent. 

8 (d) USE OF FUNDS.— 

9 (1) AUTHORIZED USES.—The authorized uses 

10 of funds are the following: 

11 (A) Paying the compensation of personnel, 

12 including teacher aides, in schools enrolling im13 migrant students. 

14 (B) Identifying and acquiring curricular 

15 material, including the costs of providing addi16 tional classroom supplies, and mobile edu17 cational units and leasing sites or spaces. 

18 (C) Basic instructional services for such 

19 students, including tutoring, mentoring, or aca20 demic counseling. 

21 (D) Reasonable transportation costs. 

22 (E) Health and counseling services. 

23 (F) Education and support services. 


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1 (G) Other uses as allowed under title III 

2 of the Elementary and Secondary Education 

3 Act of 1965 (20 U.S.C. 6801 et seq.). 

4 (2) PROVISION OF SPECIAL EDUCATION AND

5 RELATED SERVICES.— 

6 (A) IN GENERAL.—In the case of an immi7 grant student who is a child with a disability, 

8 any payment made on behalf of such student to 

9 an eligible local educational agency shall be 

10 used to pay for special education and related 

11 services consistent with the Individuals with 

12 Disabilities Education Act (20 U.S.C. 1400 et 

13 seq.). 

14 (B) DEFINITIONS.—In subparagraph (A), 

15 the terms ‘‘child with a disability’’, ‘‘special 

16 education’’, and ‘‘related services’’ have the 

17 meaning given such terms in section 602 of the 

18 Individuals with Disabilities Education Act (20 

19 U.S.C. 1401). 

20 (e) 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 eduVerDate Sep 11 2014 05:52 Jun 04, 2015 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2634.IH H2634

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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 2015–2016 

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 2015–2016 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 (f) 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 2015–2016 

19 school year. 

20 (g) 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 


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1 more than 2 percent of such payments for administrative 

2 expenses. 

3 (h) SPECIAL FUNDING RULE.—In calculating fund4 ing 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 immigrant 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 (i) NONDISCRIMINATION.— 

16 (1) IN GENERAL.—Nothing in this Act may be 

17 construed to alter or modify the provisions of the In18 dividuals with Disabilities Education Act (20 U.S.C. 

19 1400 et seq.), title VI of the Civil Rights Act of 

20 1964 (42 U.S.C. 2000d et seq.), title IX of the Edu21 cation Amendments of 1972 (20 U.S.C. 1681 et 

22 seq.), and the Rehabilitation Act of 1973 (29 U.S.C. 

23 701 et seq.). 

24 (2) PROHIBITION.—A school that enrolls an im25 migrant student under this section shall not disVerDate Sep 11 2014 05:52 Jun 04, 2015 Jkt 049200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H2634.IH H2634

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1 criminate against students on the basis of race, 

2 color, national origin, religion, disability, or sex. 

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

4 any payment (or other form of support provided on 

5 behalf of an immigrant student) under this section 

6 shall not be treated as income of a parent or guard7 ian of the student for purposes of Federal tax laws 

8 or for determining eligibility for any other Federal 

9 program. 

10 (j) TREATMENT OF STATE AID.—A State shall not 

11 take into consideration emergency impact aid payments 

12 received under this section by a local educational agency 

13 in the State in determining the eligibility of such local edu14 cational agency for State aid, or the amount of State aid, 

15 with respect to free public education of children. 

16 SEC. 4. DEFINITIONS. 

17 (a) IN GENERAL.—Unless otherwise specified, the 

18 terms used in this Act have the meanings given the terms 

19 in section 9101 of the Elementary and Secondary Edu20 cation Act of 1965 (20 U.S.C. 7801). 

21 (b) SPECIFIC DEFINITIONS.—In this Act: 

22 (1) ELIGIBLE LOCAL EDUCATIONAL AGENCY.— 

23 The term ‘‘eligible local educational agency’’ means 

24 a local educational agency that serves an elementary 

25 school or secondary school (including a charter 


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1 school) in which there is enrolled an immigrant stu2 dent. 

3 (2) ELIGIBLE BIA-FUNDED SCHOOL.—The term 

4 ‘‘eligible BIA-funded school’’ means a school funded 

5 by the Bureau of Indian Affairs in which there is 

6 enrolled an immigrant student. 

7 (3) IMMIGRANT STUDENT.—The term ‘‘immi8 grant student’’ has the meaning given the term ‘‘im9 migrant children and youth’’ in section 3301 of the 

10 Elementary and Secondary Education Act of 1965 

11 (20 U.S.C. 7011). 

Æ 


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