I 

116TH CONGRESS 

1ST SESSION H. R. 4316 

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

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 12, 2019 

Mr. KING of New York (for himself and Miss RICE of New York) introduced 

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

Labor 

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) The United States continues to experience 

9 an unprecedented influx in arrivals of unaccom10 panied children. 


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1 (2) In fiscal year 2018, the Department of 

2 Health and Human Services Office of Refugee Re3 settlement released 49,100 unaccompanied alien chil4 dren to sponsors nationwide. 

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

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

7 (1982), permits all children residing in the United 

8 States access to a public elementary and secondary 

9 education regardless of their immigration status. 

10 (4) An unprecedented influx of unaccompanied 

11 alien children has resulted in a strain on the Na12 tion’s public school system. 

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

14 creates an emergency grant for the 2019–2020 

15 school year tailored to the needs of local educational 

16 agencies affected by enrollment increases attrib17 utable to unaccompanied alien children. 

18 SEC. 3. TEMPORARY EMERGENCY IMPACT AID FOR IMMI19 GRANT STUDENTS. 

20 (a) TEMPORARY EMERGENCY IMPACT AID AUTHOR21 IZED.— 

22 (1) AID TO STATE EDUCATIONAL AGENCIES.— 

23 From amounts appropriated to carry out this Act, 

24 the Secretary of Education shall provide emergency 

25 impact aid to State educational agencies to enable 


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1 the State educational agencies to make emergency 

2 impact aid payments to eligible local educational 

3 agencies and eligible BIA-funded schools to enable 

4 such eligible local educational agencies and schools 

5 to provide for the instruction of students served by 

6 such agencies and schools. 

7 (2) AID TO LOCAL EDUCATIONAL AGENCIES

8 AND BIA-FUNDED SCHOOLS.—A State educational 

9 agency shall make emergency impact aid payments 

10 to eligible local educational agencies and eligible 

11 BIA-funded schools in accordance with subsection 

12 (c). 

13 (3) NOTICE OF FUNDS AVAILABILITY.—Not 

14 later than 14 calendar days after funds are made 

15 available to carry out this Act, the Secretary of Edu16 cation shall publish in the Federal Register a notice 

17 of the availability of funds under this section. 

18 (b) APPLICATION.— 

19 (1) STATE EDUCATIONAL AGENCY.—Not later 

20 than 7 calendar days after the date by which appli21 cations under paragraph (2) shall be submitted, a 

22 State educational agency that desires to receive 

23 emergency impact aid under this section shall sub24 mit an application to the Secretary of Education, in 

25 such manner and accompanied by such information 


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1 as the Secretary of Education may require, including 

2 information on the total immigrant student child 

3 count of the State provided in applications sub4 mitted under paragraph (2) by eligible local edu5 cational agencies and eligible BIA-funded schools in 

6 the State. 

7 (2) LOCAL EDUCATIONAL AGENCIES AND BIA8 FUNDED SCHOOLS.—Not later than 14 days after 

9 the date of the publication of the notice described in 

10 subsection (a)(3), an eligible local educational agen11 cy or eligible BIA-funded school that desires an 

12 emergency impact aid payment under this section 

13 shall submit an application to the State educational 

14 agency, in such manner, and accompanied by such 

15 information as the State educational agency may re16 quire, including documentation submitted for the 

17 most recent quarter completed that indicates the fol18 lowing: 

19 (A) In the case of an eligible local edu20 cational agency, the number of immigrant stu21 dents enrolled in the elementary schools and 

22 secondary schools (including charter schools) 

23 served by such agency for such quarter. 


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

2 school, the number of immigrant students en3 rolled in such school for such quarter. 

4 (3) DETERMINATION OF NUMBER OF IMMI5 GRANT STUDENTS.—In determining the number of 

6 immigrant students for a quarter under paragraph 

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

8 BIA-funded school shall include the number of im9 migrant students served— 

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

11 first quarterly installment, during the most re12 cent quarter completed before the date of enact13 ment of this Act; and 

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

15 subsequent quarterly installment, during the 

16 quarter immediately preceding the quarter for 

17 which the installment is provided. 

18 (c) AMOUNT OF EMERGENCY IMPACT AID.— 

19 (1) AID TO STATE EDUCATIONAL AGENCIES.— 

20 (A) IN GENERAL.—The amount of emer21 gency impact aid received by a State edu22 cational agency for the 2019–2020 school year 

23 shall equal the product of— 

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

25 number of immigrant students— 


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1 (I) as determined by the eligible 

2 local educational agencies and eligible 

3 BIA-funded schools in the State 

4 under subsection (b)(2); over 

5 (II) the number of such students 

6 enrolled in such State during the cor7 responding quarter of the 2018–2019 

8 school year; and 

9 (ii) $12,000. 

10 (B) INSUFFICIENT FUNDS.—If the amount 

11 available to provide emergency impact aid under 

12 this section is insufficient to pay the full 

13 amount that each State educational agency is 

14 eligible to receive under this section, the Sec15 retary of Education shall ratably reduce the 

16 amount of such emergency impact aid to each 

17 such State educational agency. 

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

19 case of a State educational agency that has 

20 made a payment to a local educational agency 

21 prior to the date of enactment of this Act for 

22 the purpose of covering additional costs in23 curred as a result of enrolling an immigrant 

24 student in a school served by the local edu25 cational agency for the 2017–2018 and 2018– 


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1 2019 school years, the State educational agency 

2 may retain a portion of the payment described 

3 in paragraph (2)(A)(ii) that bears the same re4 lation to the total amount of the payment under 

5 such paragraph as the sum of such prior pay6 ments bears to the total cost of attendance for 

7 all students in that local educational agency for 

8 whom the State educational agency made such 

9 prior payments. 

10 (2) AID TO ELIGIBLE LOCAL EDUCATIONAL

11 AGENCIES AND ELIGIBLE BIA-FUNDED SCHOOLS.— 

12 (A) QUARTERLY INSTALLMENTS.— 

13 (i) IN GENERAL.—A State educational 

14 agency shall provide emergency impact aid 

15 payments under this section to eligible 

16 local educational agencies and eligible BIA17 funded schools on a quarterly basis for the 

18 2019–2020 school year by such dates as 

19 determined by the Secretary of Education. 

20 Such quarterly installment payments shall 

21 be based on the number of immigrant stu22 dents reported under subsection (b)(2). 

23 (ii) PAYMENT AMOUNT.—Subject to 

24 paragraph (1)(B), each quarterly install25 ment payment under clause (i) shall equal 


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1 25 percent of the amount determined 

2 under paragraph (1)(A). 

3 (iii) TIMELINE.—The Secretary of 

4 Education shall establish a timeline for 

5 quarterly reporting on the number of im6 migrant students in order to make the ap7 propriate disbursements in a timely man8 ner. 

9 (iv) INSUFFICIENT FUNDS.—If, for 

10 any quarter, the amount available to a 

11 State educational agency under this section 

12 to make payments to eligible local edu13 cational agencies and eligible BIA-funded 

14 schools under this subsection is insufficient 

15 to pay the full amount that an eligible local 

16 educational agency or eligible BIA-funded 

17 school is eligible to receive under this sec18 tion, the State educational agency shall 

19 ratably reduce the amount of such pay20 ments to each such agency and school. 

21 (3) IMMIGRANT STUDENTS.—Subject to the 

22 subsection (d), an eligible local educational agency 

23 or eligible BIA-funded school receiving emergency 

24 impact aid payments under this section shall use the 

25 payments to provide services and assistance to eleVerDate Sep 11 2014 00:22 Sep 14, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4316.IH H4316

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1 mentary schools and secondary schools (including 

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

3 BIA-funded school, that enrolled an immigrant stu4 dent. 

5 (d) USE OF FUNDS.— 

6 (1) AUTHORIZED USES.—The authorized uses 

7 of funds are the following: 

8 (A) Paying the compensation of personnel, 

9 including teacher aides, in schools enrolling im10 migrant students. 

11 (B) Identifying and acquiring curricular 

12 material, including the costs of providing addi13 tional classroom supplies, and mobile edu14 cational units and leasing sites or spaces. 

15 (C) Basic instructional services for such 

16 students, including tutoring, mentoring, or aca17 demic counseling. 

18 (D) Reasonable transportation costs. 

19 (E) Health and counseling services. 

20 (F) Education and support services. 

21 (G) Other uses as allowed under title III 

22 of the Elementary and Secondary Education 

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

24 (2) PROVISION OF SPECIAL EDUCATION AND

25 RELATED SERVICES.— 


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1 (A) IN GENERAL.—In the case of an immi2 grant student who is a child with a disability, 

3 any payment made on behalf of such student to 

4 an eligible local educational agency shall be 

5 used to pay for special education and related 

6 services consistent with the Individuals with 

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

8 seq.). 

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

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

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

12 meaning given such terms in section 602 of the 

13 Individuals with Disabilities Education Act (20 

14 U.S.C. 1401). 

15 (e) RETURN OF AID.— 

16 (1) ELIGIBLE LOCAL EDUCATIONAL AGENCY OR

17 ELIGIBLE BIA-FUNDED SCHOOL.—An eligible local 

18 educational agency or eligible BIA-funded school 

19 that receives an emergency impact aid payment 

20 under this section shall return to the State edu21 cational agency any payment provided to the eligible 

22 local educational agency or school under this section 

23 that the eligible local educational agency or school 

24 has not obligated by the end of the 2019–2020 

25 school year in accordance with this section. 


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1 (2) STATE EDUCATIONAL AGENCY.—A State 

2 educational agency that receives emergency impact 

3 aid under this section, shall return to the Secretary 

4 of Education— 

5 (A) any aid provided to the agency under 

6 this section that the agency has not obligated 

7 by the end of the 2019–2020 school year in ac8 cordance with this section; and 

9 (B) any payment funds returned to the 

10 State educational agency under paragraph (1). 

11 (f) LIMITATION ON USE OF AID AND PAYMENTS.— 

12 Aid and payments provided under this section shall only 

13 be used for expenses incurred during the 2019–2020 

14 school year. 

15 (g) ADMINISTRATIVE EXPENSES.—A State edu16 cational agency that receives emergency impact aid under 

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

18 for administrative expenses. An eligible local educational 

19 agency or eligible BIA-funded school that receives emer20 gency impact aid payments under this section may use not 

21 more than 2 percent of such payments for administrative 

22 expenses. 

23 (h) SPECIAL FUNDING RULE.—In calculating fund24 ing under section 8003 of the Elementary and Secondary 

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


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1 local educational agency that receives an emergency im2 pact aid payment under this section, the Secretary of Edu3 cation shall not count immigrant students served by such 

4 agency for whom an emergency impact aid payment is re5 ceived under this section, nor shall such students be count6 ed for the purpose of calculating the total number of chil7 dren in average daily attendance at the schools served by 

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

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

10 (i) NONDISCRIMINATION.— 

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

12 construed to alter or modify the provisions of the In13 dividuals with Disabilities Education Act (20 U.S.C. 

14 1400 et seq.), title VI of the Civil Rights Act of 

15 1964 (42 U.S.C. 2000d et seq.), title IX of the Edu16 cation Amendments of 1972 (20 U.S.C. 1681 et 

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

18 701 et seq.). 

19 (2) PROHIBITION.—A school that enrolls an im20 migrant student under this section shall not dis21 criminate against students on the basis of race, 

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

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

24 any payment (or other form of support provided on 

25 behalf of an immigrant student) under this section 


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1 shall not be treated as income of a parent or guard2 ian of the student for purposes of Federal tax laws 

3 or for determining eligibility for any other Federal 

4 program. 

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

6 take into consideration emergency impact aid payments 

7 received under this section by a local educational agency 

8 in the State in determining the eligibility of such local edu9 cational agency for State aid, or the amount of State aid, 

10 with respect to free public education of children. 

11 SEC. 4. DEFINITIONS. 

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

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

14 in section 8101 of the Elementary and Secondary Edu15 cation Act of 1965 (20 U.S.C. 7801). 

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

17 (1) ELIGIBLE LOCAL EDUCATIONAL AGENCY.— 

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

19 a local educational agency that serves an elementary 

20 school or secondary school (including a charter 

21 school) in which there is enrolled an immigrant stu22 dent. 

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

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


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1 by the Bureau of Indian Affairs in which there is 

2 enrolled an immigrant student. 

3 (3) IMMIGRANT STUDENT.—The term ‘‘immi4 grant student’’ has the meaning given the term ‘‘im5 migrant children and youth’’ in section 3301 of the 

6 Elementary and Secondary Education Act of 1965 

7 (20 U.S.C. 7011) (as such section was in effect on 

8 the day before the date of enactment of the Every 

9 Student Succeeds Act (Public Law 114-95)). 

Æ 


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