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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5240 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5240

  To provide for child safety, care, and education continuity in the 
              event of a presidentially declared disaster.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 6, 2010

 Ms. Corrine Brown of Florida introduced the following bill; which was 
 referred to the Committee on Education and Labor, and in addition to 
     the Committees on Energy and Commerce and Transportation and 
   Infrastructure, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
  To provide for child safety, care, and education continuity in the 
              event of a presidentially declared disaster.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Child Safety, Care, and Education 
Continuity Act of 2010''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
Sec. 4. Trigger.
Sec. 5. Waivers or modifications applicable to titles I, II, and III.
Sec. 6. Authorization of Appropriations.
      TITLE I--KINDERGARTEN THROUGH GRADE 12 STUDENTS AND SCHOOLS

Sec. 101. Immediate aid to restart school operations.
Sec. 102. Hold harmless for local educational agencies serving disaster 
                            areas.
Sec. 103. Teacher and paraprofessional reciprocity.
Sec. 104. Regulatory and financial relief.
Sec. 105. Temporary emergency impact aid for displaced students.
          TITLE II--HIGHER EDUCATION STUDENTS AND INSTITUTIONS

Sec. 201. General waivers and modifications.
Sec. 202. Teacher recruitment and retention.
Sec. 203. Authorized uses of TRIO, GEAR-UP, part A or B of title III, 
                            and other grants.
Sec. 204. Financial aid.
Sec. 205. Expanding information dissemination regarding eligibility for 
                            Federal Pell Grants.
Sec. 206. Procedures.
Sec. 207. Definitions.
  TITLE III--PREKINDERGARTEN STUDENTS, SCHOOLS, AND CHILD CARE CENTERS

Sec. 301. Agreements to extend certain deadlines of the Individuals 
                            with Disabilities Education Act to 
                            facilitate the provision of educational 
                            services to children with disabilities.
Sec. 302. Head Start and Child Care and Development Block Grant.
Sec. 303. Definitions.
          TITLE IV--EMERGENCY PLANNING FOR CHILD CARE CENTERS

Sec. 401. Disaster plans.
Sec. 402. Addressing child care services and facilities.
               TITLE V--HEALTH CARE SERVICES FOR CHILDREN

Sec. 501. Medicaid and CHIP disaster guidance.

SEC. 3. DEFINITIONS.

    (a) ESEA Definitions.--The terms used in this Act have the meanings 
given the terms in section 9101 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7801).
    (b) Additional Definitions.--In this Act:
            (1) Disaster area.--The term ``disaster area'' means the 
        area for which the President has declared a major disaster, 
        during the period of the declaration.
            (2) Impacted school year.--The term ``impacted school 
        year'' means the school year in which a presidentially declared 
        disaster occurs.
            (3) Major disaster.--The term ``major disaster'' has the 
        meaning given the term under section 102 of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5122).
            (4) Nonpublic school.--The term ``nonpublic school'' means 
        a nonpublic school that--
                    (A) provides elementary or secondary education, as 
                determined under State law;
                    (B) is accredited, is licensed, or otherwise 
                operates in accordance with State law; and
                    (C) was in existence prior to the date upon which a 
                presidentially declared disaster has occurred.
            (5) Presidentially declared disaster.--The term 
        ``presidentially declared disaster'' means a major disaster 
        that the President declared to exist, in accordance with 
        section 401 of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5170).
            (6) Secretary.--The term ``Secretary'', unless otherwise 
        specified, means the Secretary of Education.

SEC. 4. TRIGGER.

    (a) Mandatory Activation.--Notwithstanding any other provision of 
this Act, the Secretary shall carry out a program or activity under 
title I, II, or III, and the Secretary of Health and Human Services 
shall carry out a program or activity under title III, in a State if--
            (1) 10 percent of the students enrolled in public or 
        private elementary schools or secondary schools in the State 
        are displaced from their schools for more than 60 days by a 
        presidentially declared disaster;
            (2) the Secretary or the Secretary of Health and Human 
        Services, respectively, elects to carry out the program or 
        activity; and
            (3) the Governor or chief executive officer of the State 
        requests that the Secretary or the Secretary of Health and 
        Human Services, respectively, carry out the program or 
        activity.
    (b) Discretionary Activation.--The Secretary may carry out a 
program or activity under title I, II, or III, and the Secretary of 
Health and Human Services may carry out a program or activity under 
title III.

SEC. 5. WAIVERS OR MODIFICATIONS APPLICABLE TO TITLES I, II, AND III.

    The Secretary may waive or modify any requirement of Federal law or 
regulation, other than a law or regulation regarding civil rights or 
safety, that the Secretary determines is necessary in order to provide 
assistance under titles I, II, and III, whether with funds appropriated 
under this Act or otherwise, as efficiently and expeditiously as 
possible, to individuals or entities affected directly or indirectly by 
a presidentially declared disaster.

      TITLE I--KINDERGARTEN THROUGH GRADE 12 STUDENTS AND SCHOOLS

SEC. 101. IMMEDIATE AID TO RESTART SCHOOL OPERATIONS.

    (a) Purpose.--It is the purpose of this section--
            (1) to provide immediate and direct assistance to local 
        educational agencies and nonpublic schools that serve a 
        disaster area in which a presidentially declared disaster has 
        been declared;
            (2) to assist school district administrators, and personnel 
        of such local educational agencies or nonpublic schools, who 
        are working to restart operations in schools that provide 
        elementary or secondary education and are served by such local 
        educational agencies and nonpublic schools, respectively; and
            (3) to facilitate the reopening of schools that provide 
        elementary and secondary education and are served by such local 
        educational agencies and nonpublic schools, and to facilitate 
        the reenrollment of students in such schools as soon as 
        possible.
    (b) Grants and Subgrants Authorized.--From amounts appropriated 
under section 106, the Secretary is authorized to award grants to State 
educational agencies to enable the State educational agencies to award 
subgrants to local educational agencies or nonpublic schools serving 
disaster areas in which a presidentially declared disaster has been 
declared to enable such local educational agencies and nonpublic 
schools, respectively, to provide educational services or assistance 
described in subsection (e).
    (c) Subgrant Funding Considerations; Equity.--
            (1) Subgrant funding considerations.--In determining 
        whether to award a subgrant under this section, or the amount 
        of the subgrant, the State educational agency shall consider 
        the following:
                    (A) The number of school-aged children served by 
                the local educational agency or nonpublic school in the 
                academic year preceding the academic year for which the 
                subgrant is awarded.
                    (B) The severity of the impact of the 
                presidentially declared disaster on the local 
                educational agency or nonpublic school and the extent 
                of the needs in each local educational agency or 
                nonpublic school that serves a disaster area in which a 
                presidentially declared disaster has been declared.
            (2) Equity.--Educational services and assistance that are 
        described in subsection (e) and provided for nonpublic school 
        students under this section shall be equitable in comparison to 
        the educational services and assistance provided for public 
        school students under this section, and shall be provided in a 
        timely manner.
    (d) Applications.--Each local educational agency or nonpublic 
school desiring a subgrant under this section shall submit an 
application to the State educational agency at such time, in such 
manner, and accompanied by such information as the State educational 
agency may reasonably require to ensure expedited and timely payment to 
the local educational agency or nonpublic school.
    (e) Uses of Funds.--
            (1) In general.--A local educational agency or nonpublic 
        school receiving a subgrant under this section shall use the 
        subgrant funds for--
                    (A) recovery of student and personnel data, and 
                other electronic information;
                    (B) replacement of school district information 
                systems, including hardware and software;
                    (C) financial operations;
                    (D) reasonable transportation costs;
                    (E) rental of mobile educational units and leasing 
                of neutral sites or spaces;
                    (F) initial replacement of instructional materials 
                and equipment, including textbooks;
                    (G) redeveloping instructional plans, including 
                curriculum development;
                    (H) initiating and maintaining education and 
                support services; and
                    (I) such other activities related to the purpose of 
                this section that are approved by the Secretary.
            (2) Use with other available funds.--A local educational 
        agency or nonpublic school receiving a subgrant under this 
        section may use the subgrant funds in coordination with other 
        Federal, State, or local funds available for the activities 
        described in paragraph (1).
            (3) Prohibitions.--Subgrant funds received under this 
        section shall not be used for any of the following:
                    (A) Construction or major renovation of schools.
                    (B) Payments to school administrators or teachers 
                who are not actively engaged in restarting or reopening 
                schools.
            (4) Special rule.--Educational services or assistance 
        provided under this section, including equipment and materials, 
        shall be secular, neutral, and nonideological.
    (f) Supplement Not Supplant.--
            (1) In general.--Except as provided in paragraph (2) and 
        notwithstanding section 104, funds made available under this 
        section shall be used to supplement, not supplant, any funds 
        made available through the Federal Emergency Management Agency 
        or through a State.
            (2) Exception.--Paragraph (1) shall not prohibit the 
        provision of Federal assistance under this section to a State 
        educational agency, local educational agency, or nonpublic 
        school that is or may be entitled to receive, from another 
        source, benefits for the same purposes as under this section, 
        if--
                    (A) such State educational agency, local 
                educational agency, or nonpublic school has not 
                received such other benefits by the time of application 
                for Federal assistance under this section; and
                    (B) such State educational agency, local 
                educational agency, or nonpublic school agrees to repay 
                all duplicative Federal assistance received to carry 
                out the purposes of this section.
    (g) Assistance to Nonpublic Schools.--
            (1) Funds availability.--From the grant funds provided by 
        the Secretary under subsection (b) to a State educational 
        agency, the State educational agency shall reserve an amount of 
        the grant funds, to be made available to nonpublic schools in 
        the State, that is not less than an amount that bears the same 
        relation to the grant funds as the number of nonpublic schools 
        providing elementary and secondary education in the State bears 
        to the total number of nonpublic schools and public elementary 
        schools and secondary schools in the State. The number of such 
        schools shall be determined by the National Center for 
        Education Statistics Common Core of Data for the year preceding 
        the year for which the presidentially declared disaster has 
        occurred. Such funds shall be used for the provision of 
        educational services or assistance at nonpublic schools, except 
        as provided in paragraph (2).
            (2) Special rule.--If funds made available under paragraph 
        (1) remain unobligated 120 days after the date of enactment of 
        this Act, such funds may be used to provide educational 
        services or assistance under this section to other local 
        educational agencies or nonpublic schools serving disaster 
        areas in which a presidentially declared disaster has been 
        declared.
            (3) Public control of funds.--The control of funds for the 
        educational services and assistance provided to a nonpublic 
        school under paragraph (1), and title to materials, equipment, 
        and property purchased with such funds, shall be in a public 
        agency, and a public agency shall administer such funds, 
        materials, equipment, and property and shall provide such 
        services (or may contract for the provision of such services 
        with a public or private entity).

SEC. 102. HOLD HARMLESS FOR LOCAL EDUCATIONAL AGENCIES SERVING DISASTER 
              AREAS.

    Notwithstanding any other provision of law, in the case of a local 
educational agency that serves a disaster area in which the President 
has declared that a presidentially declared disaster exists, the 
Secretary shall ensure that the amount made available for such local 
educational agency under each of sections 1124, 1124A, 1125, and 1125A 
of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333, 
6334, 6335, and 6337) for the second fiscal year following the fiscal 
year in which the presidentially declared disaster is declared shall be 
not less than the amount made available for such local educational 
agency under each of such sections for the fiscal year in which the 
presidentially declared disaster is declared.

SEC. 103. TEACHER AND PARAPROFESSIONAL RECIPROCITY.

    (a) Affected Teacher Reciprocity.--
            (1) Definition of affected teacher.--In this subsection, 
        the term ``affected teacher'' means a teacher who is displaced 
        due to a presidentially declared disaster and relocates to a 
        State that is different from the State in which such teacher 
        resided or worked on the date of the occurrence of the 
        presidentially declared disaster.
            (2) Reciprocity.--A local educational agency may consider 
        an affected teacher hired by such local educational agency who 
        is not highly qualified in the State in which such agency is 
        located to be highly qualified, for purposes of section 1119 of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        6319) and section 612(a)(14) of the Individuals with 
        Disabilities Education Act (20 U.S.C. 1412(a)(14)), 
        respectively, for the school year in which the presidentially 
        declared disaster has occurred and through the succeeding 
        school year, if such affected teacher was highly qualified, 
        consistent with section 9101(23) of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7801(23)) and 
        section 602(10) of the Individuals with Disabilities Education 
        Act (20 U.S.C. 1401(10)), respectively, on the date of the 
        occurrence of a presidentially declared disaster, in the State 
        in which such teacher resided or worked on the date of the 
        occurrence of a presidentially declared disaster.
    (b) Affected Paraprofessional Reciprocity.--
            (1) Definition of affected paraprofessional.--In this 
        subsection, the term ``affected paraprofessional'' means a 
        paraprofessional who is displaced due to a presidentially 
        declared disaster and relocates to a State that is different 
        from the State in which such paraprofessional resided or worked 
        on the date of the occurrence of the presidentially declared 
        disaster.
            (2) Reciprocity.--A local educational agency may consider 
        an affected paraprofessional hired by such local educational 
        agency who does not satisfy the requirements of section 1119(c) 
        of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 6319(c)) in the State in which such agency is located to 
        satisfy such requirements, for purposes of such section, for 
        the school year in which the presidentially declared disaster 
        has occurred and through the succeeding school year, if such 
        affected paraprofessional satisfied such requirements on the 
        date of the occurrence of a presidentially declared disaster, 
        in the State in which such paraprofessional resided or worked 
        on the date of the occurrence of a presidentially declared 
        disaster.

SEC. 104. REGULATORY AND FINANCIAL RELIEF.

    (a) Waiver Authority.--Subject to subsections (b) and (c), in 
providing any grant or other assistance, directly or indirectly, to an 
entity in a State affected by a presidentially declared disaster, the 
Secretary may, as applicable, waive or modify, in order to ease fiscal 
burdens, any requirement of Federal law relating to the following:
            (1) Maintenance of effort.
            (2) The use of Federal funds to supplement, not supplant, 
        non-Federal funds.
            (3) Any non-Federal share or capital contribution required 
        to match Federal funds provided under programs administered by 
        the Secretary.
    (b) Duration.--A waiver under this section shall be for the 
impacted school year.
    (c) Limitations.--
            (1) Relation to idea.--Nothing in this section shall be 
        construed to waive or modify any provision of the Individuals 
        with Disabilities Education Act (20 U.S.C. 1400 et seq.).
            (2) Maintenance of effort.--If the Secretary grants a 
        waiver or modification under this section waiving or modifying 
        a requirement relating to maintenance of effort for an impacted 
        fiscal year, the level of effort required for the school year 
        following the impacted school year shall not be reduced because 
        of the waiver or modification.

SEC. 105. TEMPORARY EMERGENCY IMPACT AID FOR DISPLACED STUDENTS.

    (a) Definitions.--In this section:
            (1) Displaced student.--The term ``displaced student'' 
        means a student--
                    (A)(i) who attended a school in an area impacted by 
                a presidentially declared disaster; or
                    (ii) whose parent resided or worked in an area 
                impacted by a presidentially declared disaster; and
                    (B) who enrolled in another school as a result of a 
                presidentially declared disaster.
            (2) Eligible local educational agencies.--The term 
        ``eligible local educational agency'' means a local educational 
        agency that serves--
                    (A) an elementary school or secondary school 
                (including a public charter school) in which there is 
                enrolled a displaced student; or
                    (B) an area in which there is located a nonpublic 
                school.
            (3) Eligible bie-funded school.--The term ``eligible BIE-
        funded school'' means a school funded by the Bureau of Indian 
        Education in which there is enrolled a displaced student.
    (b) Temporary Emergency Impact Aid Authorized.--
            (1) Aid to state educational agencies.--From amounts 
        appropriated under section 106, the Secretary shall provide 
        emergency impact aid to State educational agencies to enable 
        the State educational agencies to make emergency impact aid 
        payments to eligible local educational agencies and eligible 
        BIE-funded schools to enable--
                    (A) such eligible local educational agencies and 
                eligible BIE-funded schools to provide for the 
                instruction of displaced students served by such 
                eligible local educational agencies and eligible BIE-
                funded schools; and
                    (B) such eligible local educational agencies to 
                make immediate impact aid payments to accounts 
                established on behalf of displaced students (referred 
                to in this section as ``accounts'') who are attending 
                nonpublic schools located in the areas served by the 
                eligible local educational agencies.
            (2) Aid to local educational agencies and bie-funded 
        schools.--A State educational agency shall make emergency 
        impact aid payments to eligible local educational agencies and 
        eligible BIE-funded schools in accordance with subsection (d).
            (3) State educational agencies in certain states.--The 
        State educational agency shall carry out the activities of 
        eligible local educational agencies that are unable to carry 
        out this section, including eligible local educational agencies 
        in a State for which the State exercises the authorities 
        normally exercised by such local educational agencies.
            (4) Notice of funds availability.--Not later than 14 
        calendar days after the date of enactment of this Act, the 
        Secretary shall publish in the Federal Register a notice of the 
        availability of funds under this section.
    (c) Application.--
            (1) State educational agency.--A State educational agency 
        that desires to receive emergency impact aid under this section 
        shall submit an application to the Secretary at such time, in 
        such manner, and accompanied by such information as the 
        Secretary may reasonably require, including--
                    (A) information on the total displaced student 
                count of the State provided by eligible local 
                educational agencies in the State and eligible BIE-
                funded schools in the State under paragraph (2);
                    (B) a description of the process for the parent or 
                guardian of a displaced student enrolled in a nonpublic 
                school to indicate to the eligible local educational 
                agency serving the area in which the nonpublic school 
                is located that the student is enrolled in the 
                nonpublic school;
                    (C) a description of the procedure to be used by an 
                eligible local educational agency in such State to 
                provide payments to accounts;
                    (D) a description of the process to be used by an 
                eligible local educational agency in such State to 
                obtain--
                            (i) attestations of attendance of displaced 
                        students from nonpublic schools, in order for 
                        the local educational agency to provide 
                        payments to accounts on behalf of displaced 
                        students; and
                            (ii) attestations from nonpublic schools 
                        that accounts are used only for the purposes 
                        described in subsection (e)(2)(A);
                    (E) the criteria, including family income, used to 
                determine the eligibility for and the amount of 
                assistance under this section provided on behalf of a 
                displaced student attending a nonpublic school; and
                    (F) the number of displaced students who attend 
                nonpublic schools in the State.
            (2) Local educational agencies and bie-funded schools.--An 
        eligible local educational agency or eligible BIE-funded school 
        that desires an emergency impact aid payment under this section 
        shall submit an application to the State educational agency at 
        such time, in such manner, and accompanied by such information 
        as the State educational agency may reasonably require, 
        including documentation submitted quarterly for the impacted 
        school year that indicates the following:
                    (A) Eligible local educational agencies.--In the 
                case of an eligible local educational agency--
                            (i) the number of displaced students 
                        enrolled in the elementary schools and 
                        secondary schools (including public charter 
                        schools and including the number of displaced 
                        students who are identified as eligible for and 
                        receive services under part B of the 
                        Individuals with Disabilities Education Act (20 
                        U.S.C. 1411 et seq.)) served by such eligible 
                        local educational agency for such quarter;
                            (ii) the number of displaced students for 
                        whom the eligible local educational agency 
                        expects to provide payments to accounts under 
                        subsection (e)(2) (including the number of 
                        displaced students who are identified as 
                        eligible for and receive services under part B 
                        of the Individuals with Disabilities Education 
                        Act) for such quarter who meet the following 
                        criteria:
                                    (I) The displaced student enrolled 
                                in a nonpublic school prior to the 
                                occurrence of a presidentially declared 
                                disaster.
                                    (II) The parent or guardian of the 
                                displaced student chose to enroll the 
                                student in the nonpublic school in 
                                which the student is enrolled.
                                    (III) The parent or guardian of the 
                                displaced student submitted an 
                                application requesting that the 
                                eligible local educational agency make 
                                a payment to an account on behalf of 
                                the student.
                                    (IV) The displaced student's 
                                tuition and fees (and transportation 
                                expenses, if any) for the impacted 
                                school year is waived or reimbursed (by 
                                the nonpublic school) in an amount that 
                                is not less than the amount of 
                                emergency impact aid payment provided 
                                on behalf of such student under this 
                                section; and
                            (iii) an assurance that the eligible local 
                        educational agency will make payments to 
                        accounts described in subsection (e)(2) not 
                        later than 14 calendar days after receipt of an 
                        emergency impact aid payment provided under 
                        this section.
                    (B) Eligible bie-funded schools.--In the case of an 
                eligible BIE-funded school, the number of displaced 
                students, including the number of displaced students 
                who are identified as eligible for and receive services 
                under part B of the Individuals with Disabilities 
                Education Act, enrolled in the eligible BIE-funded 
                school for such quarter.
            (3) Determination of number of displaced students.--In 
        determining the number of displaced students for a quarter 
        under paragraph (2), an eligible local educational agency or 
        eligible BIE-funded school shall include in such number the 
        number of displaced students served during the quarter prior to 
        the occurrence of a presidentially declared disaster.
    (d) Amount and Duration of Emergency Impact Aid.--
            (1) Aid to state educational agencies.--
                    (A) In general.--The amount of emergency impact aid 
                received by a State educational agency for the impacted 
                school year shall equal the sum of--
                            (i) the number of displaced students (who 
                        are not identified as eligible for and do not 
                        receive services under part B of the 
                        Individuals with Disabilities Education Act), 
                        as determined by the eligible local educational 
                        agencies and eligible BIE-funded schools in the 
                        State under subsection (c)(2), multiplied by 
                        the average per-pupil expenditure in the State 
                        for the most recent fiscal year for which such 
                        information is available; and
                            (ii) the number of displaced students who 
                        are identified as eligible for and receive 
                        services under part B of the Individuals with 
                        Disabilities Education Act, as determined by 
                        the eligible local educational agencies and 
                        eligible BIE-funded schools in the State under 
                        subsection (c)(2), multiplied by 140 percent of 
                        the average per-pupil expenditure in the State 
                        for the most recent fiscal year for which such 
                        information is available.
                    (B) Insufficient funds.--If the amount available 
                under this section to provide emergency impact aid 
                under this subsection is insufficient to pay the full 
                amount that a State educational agency is eligible to 
                receive under this section, then the Secretary shall 
                ratably reduce the amount of such emergency impact aid.
            (2) Aid to eligible local educational agencies and eligible 
        bie-funded schools.--
                    (A) Quarterly installments.--
                            (i) In general.--A State educational agency 
                        shall provide emergency impact aid payments 
                        under this section on a quarterly basis for the 
                        impacted school year by such dates as 
                        determined by the Secretary. Such quarterly 
                        installment payments shall be based on the 
                        number of displaced students reported under 
                        subsection (c)(2) and in the amount determined 
                        under clause (ii).
                            (ii) Payment amount.--Each quarterly 
                        installment payment under clause (i) shall 
                        equal 25 percent of the sum of--
                                    (I) the number of displaced 
                                students (who are not identified as 
                                eligible for and do not receive 
                                services under part B of the 
                                Individuals with Disabilities Education 
                                Act) reported by the eligible local 
                                educational agency or eligible BIE 
                                funded school for such quarter (as 
                                determined under subsection (c)(2)), 
                                multiplied by the average per-pupil 
                                expenditure in the State for the most 
                                recent fiscal year for which such 
                                information is available; and
                                    (II) the number of displaced 
                                students who are identified as eligible 
                                for and receive services under part B 
                                of the Individuals with Disabilities 
                                Education Act reported by the eligible 
                                local educational agency or eligible 
                                BIE-funded school for such quarter (as 
                                determined under subsection (c)(2)), 
                                multiplied by 140 percent of the 
                                average per-pupil expenditure in the 
                                State for the most recent fiscal year 
                                for which such information is 
                                available.
                            (iii) Timeline.--The Secretary shall 
                        establish a timeline for quarterly reporting on 
                        the number of displaced students in order to 
                        make the appropriate disbursements in a timely 
                        manner.
                            (iv) Insufficient funds.--If, for any 
                        quarter, the amount available under this 
                        section to make payments under this subsection 
                        is insufficient to pay the full amount that an 
                        eligible local educational agency or eligible 
                        BIE-funded school is eligible to receive under 
                        this section, then the State educational agency 
                        shall ratably reduce the amount of such 
                        payments.
                    (B) Maximum payment to account.--In providing 
                quarterly payments to an account for the impacted 
                school year on behalf of a displaced student for each 
                quarter that such student is enrolled in a nonpublic 
                school in the area served by an eligible local 
                educational agency under subsection (e)(2), the 
                eligible local educational agency may provide not more 
                than 4 quarterly payments to such account, and the 
                aggregate amount of such payments shall not exceed the 
                lesser of--
                            (i)(I) in the case of a displaced student 
                        who is not identified as eligible for and does 
                        not receive services under part B of the 
                        Individuals with Disabilities Education Act, 
                        the average per-pupil expenditure in the State 
                        for the most recent fiscal year for which such 
                        information is available; or
                            (II) in the case of a displaced student who 
                        is identified as eligible for and receives 
                        services under part B of the Individuals with 
                        Disabilities Education Act, 140 percent of the 
                        average per-pupil expenditure in the State for 
                        the most recent fiscal year for which such 
                        information is available; and
                            (ii) the cost of tuition and fees (and 
                        transportation expenses, if any) at the 
                        nonpublic school for the impacted school year.
            (3) Duration extension.--The Secretary may provide 
        emergency impact aid under this section, in whole or in part, 
        for 1 school year subsequent to the impacted school year if the 
        President determines such provision of assistance is 
        appropriate, subject to the availability of appropriations.
    (e) Use of Funds.--
            (1) Displaced students in public schools.--An eligible 
        local educational agency or eligible BIE-funded school 
        receiving emergency impact aid payments under this section 
        shall use the payments to provide instructional opportunities 
        for displaced students who enroll in elementary schools and 
        secondary schools (including public charter schools) served by 
        the eligible local educational agency or enroll in the eligible 
        BIE-funded school, respectively, and for other expenses 
        incurred as a result of the eligible local educational agency 
        or eligible BIE-funded school serving displaced students, which 
        uses may include the activities and services described in 
        paragraph (3).
            (2) Displaced students in nonpublic schools.--
                    (A) In general.--An eligible local educational 
                agency that receives emergency impact aid payments 
                under this section and that serves an area in which 
                there is located a nonpublic school shall, at the 
                request of the parent or guardian of a displaced 
                student who meets the criteria described in subsection 
                (c)(2)(A)(ii) and who enrolled in a nonpublic school 
                (including a nonpublic charter school) in an area 
                served by the eligible local educational agency, use 
                such emergency impact aid payment to provide payment on 
                a quarterly basis (but not to exceed the total amount 
                specified in subsection (d)(2)(B) for the impacted 
                school year) to an account on behalf of such displaced 
                student, which payment shall be used to assist in 
                paying for 1 or more of the activities and services 
                described in paragraph (3).
                    (B) Funding prohibition regarding religious 
                instruction, proselytization, or worship.--Payments 
                under subparagraph (A) shall not be used for religious 
                instruction, proselytization, or worship.
                    (C) Secular, neutral, and nonideological activities 
                and services.--The activities and services provided 
                under this paragraph and described in paragraph (3) 
                shall be secular, neutral, and nonideological.
                    (D) Verification of enrollment.--Before providing a 
                quarterly payment to an account under subparagraph (A), 
                the eligible local educational agency shall verify with 
                the parent or guardian of a displaced student that such 
                displaced student is enrolled in the nonpublic school.
            (3) Activities and services.--The activities and services 
        referred to in paragraphs (2) and (3) are as follows:
                    (A) Paying the compensation of personnel, including 
                teacher aides, in schools enrolling displaced students.
                    (B) Identifying and acquiring curricular material, 
                including the costs of providing--
                            (i) additional classroom supplies; and
                            (ii) mobile educational units and leasing 
                        sites or spaces.
                    (C) Basic instructional services for such students, 
                including tutoring, mentoring, or academic counseling.
                    (D) Reasonable transportation costs.
                    (E) Health services (including counseling and 
                mental health services).
                    (F) Education and support services.
            (4) Provision of special education and related services.--
                    (A) In general.--In the case of a displaced student 
                who is eligible for and receives under part B of the 
                Individuals with Disabilities Education Act, any 
                payment made on behalf of such student to an eligible 
                local educational agency or any payment available in an 
                account for such student, shall be used to pay the cost 
                of providing the student with special education and 
                related services consistent with the Individuals with 
                Disabilities Education Act (20 U.S.C. 1400 et seq.).
                    (B) Special rule.--
                            (i) Retention.--Notwithstanding any other 
                        provision of this section, if an eligible local 
                        educational agency provides services to a 
                        displaced student attending a nonpublic school 
                        under section 612(a)(10) of the Individuals 
                        with Disabilities Education Act, then the 
                        eligible local educational agency may retain a 
                        portion of the assistance received under this 
                        section for such student to pay the cost of 
                        providing such services.
                            (ii) Determination of portion.--
                                    (I) Guidelines.--Each State shall 
                                issue guidelines that specify the 
                                portion of the assistance that an 
                                eligible local educational agency in 
                                the State may retain under this 
                                subparagraph. Each State shall apply 
                                such guidelines in a consistent manner 
                                throughout the State.
                                    (II) Determination of portion.--The 
                                portion specified in the guidelines 
                                shall be based on customary costs of 
                                providing services under such section 
                                612(a)(10) for the eligible local 
                                educational agency.
                    (C) Definition of special education; related 
                services.--The terms ``special education'' and 
                ``related services'' have the meanings given the terms 
                in section 602 of the Individuals with Disabilities 
                Education Act (20 U.S.C. 1401).
            (5) Construction and major renovation prohibition.--Funds 
        made available under this section shall neither be used for 
        construction nor for major renovation of a school.
    (f) Return of Aid.--
            (1) Eligible local educational agency or eligible bie-
        funded school.--An eligible local educational agency or 
        eligible BIE-funded school that receives an emergency impact 
        aid payment under this section shall return to the State 
        educational agency any payment or portion of a payment provided 
        to the eligible local educational agency or eligible BIE-funded 
        school, respectively, under this section that the eligible 
        local educational agency or school, respectively, has not 
        obligated by the end of the impacted school year in accordance 
        with this section.
            (2) State educational agency.--A State educational agency 
        that receives emergency impact aid under this section, shall 
        return to the Secretary--
                    (A) any aid provided to the State educational 
                agency under this section that the State educational 
                agency has not obligated by the end of the impacted 
                school year in accordance with this section; and
                    (B) any payment or portion of a payment returned to 
                the State educational agency under paragraph (1).
    (g) Limitation on Use of Aid and Payments.--Except as provided in 
subsection (d)(3), aid and payments provided under this section shall 
only be used for expenses incurred during the impacted school year.
    (h) Administrative Expenses.--A State educational agency that 
receives emergency impact aid under this section may use not more than 
1 percent of such aid for administrative expenses. An eligible local 
educational agency or eligible BIE-funded school that receives 
emergency impact aid payments under this section may use not more than 
2 percent of such payments for administrative expenses.
    (i) Special Funding Rule.--In calculating funding under section 
8003 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
7703) for an eligible local educational agency that receives an 
emergency impact aid payment under this section, the Secretary shall 
not count displaced students served by such eligible local educational 
agency for whom an emergency impact aid payment is received under this 
section, nor shall such students be counted for the purpose of 
calculating the total number of children in average daily attendance at 
the schools served by such eligible local educational agency as 
provided in section 8003(b)(3)(B)(i) of such Act (20 U.S.C. 
7703(b)(3)(B)(i)).
    (j) Notice of Option of Public School or Nonpublic School 
Enrollment.--Each State receiving emergency impact aid under this 
section shall provide, to the parent or guardian of each displaced 
student for whom a payment is made under this section to an account who 
resides in such State, notification that--
            (1) such parent or guardian has the option of enrolling 
        such student in a public school or a nonpublic school; and
            (2) the temporary emergency impact aid for displaced 
        students provided under this section is temporary and is only 
        available for the impacted school year, except as provided in 
        subsection (d)(3).
    (k) Bypass.--For a State in which State law prohibits the State 
from using Federal funds to directly provide services on behalf of 
students attending nonpublic schools and provides that another entity 
shall provide such services, the Secretary shall make such arrangements 
with that entity as the Secretary determines appropriate to carry out 
this section on behalf of such students.
    (l) Redirection of Funds.--
            (1) In general.--If a State educational agency or eligible 
        local educational agency is unable to carry out this section, 
        the Secretary shall make such arrangements with the State as 
        the Secretary determines appropriate to carry out this section 
        on behalf of displaced students attending a nonpublic school in 
        the area served by such agency.
            (2) Special rule.--If an eligible local educational agency 
        fails to make a payment to an account described under 
        subsection (e)(2) not later than 14 calendar days after receipt 
        of an emergency impact aid payment provided under this section, 
        then--
                    (A) the eligible local educational agency shall 
                return the funds received that quarter for such account 
                to the State educational agency; and
                    (B) the State educational agency shall ensure that 
                the proper payment to such account for such quarter is 
                made not later than 14 calendar days after the date of 
                the receipt of funds under subparagraph (A), before any 
                further funds for such account are distributed to the 
                eligible local educational agency.
    (m) Nondiscrimination.--
            (1) In general.--A school that enrolls a displaced student 
        under this section shall not discriminate against students on 
        the basis of race, color, national origin, religion, 
        disability, or sex.
            (2) Applicability and single sex schools, classes, or 
        activities.--
                    (A) In general.--To the extent consistent with 
                title IX of the Education Amendments of 1972 (20 U.S.C. 
                1681 et seq.), the prohibition of sex discrimination in 
                paragraph (1) shall not apply to a nonpublic school 
                that is controlled by a religious organization if the 
                application of paragraph (1) would not be consistent 
                with the religious tenets of such organization.
                    (B) Single sex schools, classes, or activities.--
                Notwithstanding paragraph (1) and to the extent 
                consistent with title IX of the Education Amendments of 
                1972, a parent or guardian may choose and a nonpublic 
                school may offer a single sex school, class, or 
                activity.
                    (C) Enrollment.--The prohibition of religious 
                discrimination in paragraph (1) shall not apply with 
                regard to enrollment for a nonpublic school that is 
                controlled by a religious organization or organized and 
                operated on the basis of religious tenets, except that 
                the prohibition of religious discrimination shall apply 
                with respect to the enrollment of displaced students 
                assisted under this section.
            (3) General provision.--Nothing in this section shall be 
        construed to alter or modify the provisions of the Individuals 
        with Disabilities Education Act, title VI of the Civil Rights 
        Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the 
        Education Amendments of 1972, and the Rehabilitation Act of 
        1973 (29 U.S.C. 701 et seq.).
            (4) Election.--A displaced student assisted under this 
        section who is enrolled in a nonpublic school shall not 
        participate in religious worship or religious classes at such 
        school unless such student's parent or guardian elects to have 
        such student participate in such religious worship or religious 
        classes.
    (n) Treatment of Payment.--The amount of any payment (or other form 
of support provided on behalf of a displaced student) under this 
section shall not be treated as income of a parent or guardian of the 
student for purposes of Federal tax laws or for determining eligibility 
for any other Federal program.
    (o) Treatment of State Aid.--A State shall not take into 
consideration emergency impact aid payments received under this section 
by an eligible local educational agency in the State in determining the 
eligibility of such eligible local educational agency for State aid, or 
the amount of State aid, with respect to free public education of 
children.
    (p) Coordination.--The Secretary shall coordinate with the 
Administrator of the Federal Emergency Management Agency to help ensure 
that States and local educational agencies are aware of the displaced 
students under their jurisdiction so that the educational needs of the 
displaced students are met.
    (q) Report.--The Secretary shall report to Congress on the 
activities carried out under this section not later than 1 year after 
the provision of assistance under this section, including reporting the 
number of displaced students who are served under this section.

SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out sections 101 and 105.

          TITLE II--HIGHER EDUCATION STUDENTS AND INSTITUTIONS

SEC. 201. GENERAL WAIVERS AND MODIFICATIONS.

    (a) Authority.--Notwithstanding any other provision of law, unless 
enacted with specific reference to this section, the Secretary is 
authorized to waive or modify any statutory or regulatory provision 
applicable to the student financial assistance programs under title IV 
of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), or any 
student or institutional eligibility provisions in the Higher Education 
Act of 1965 (20 U.S.C. 1001 et seq.), as the Secretary determines 
necessary for a disaster area in which a presidentially declared 
disaster has been declared to ensure that--
            (1) administrative requirements placed on affected 
        students, affected individuals, affected institutions, lenders, 
        guaranty agencies, and grantees are minimized to the extent 
        possible without impairing the integrity of the higher 
        education programs under the Higher Education Act of 1965 (20 
        U.S.C. 1001 et seq.), to ease the burden on such participants; 
        or
            (2) institutions of higher education, lenders, guaranty 
        agencies, and other entities participating in the student 
        financial assistance programs under title IV of the Higher 
        Education Act of 1965, that serve a disaster area in which a 
        presidentially declared disaster has been declared may be 
        granted temporary relief from requirements that are rendered 
        infeasible or unreasonable due to the effects of a 
        presidentially declared disaster, including due diligence 
        requirements and reporting deadlines.
    (b) Authority To Extend or Waive Reporting Requirements Under 
Section 131(a).--The Secretary is authorized to extend reporting 
deadlines or waive reporting requirements under section 131(a) of the 
Higher Education Act of 1965 (20 U.S.C. 1015(a)) for an affected 
institution.
    (c) Rule of Construction.--Nothing in this title shall be 
construed--
            (1) to allow the Secretary to waive or modify any 
        applicable statutory or regulatory requirements prohibiting 
        discrimination in a program or activity, or in employment or 
        contracting, under existing law (in existence on the date of 
        the Secretary's action); or
            (2) to authorize any refunding of any repayment of a loan.

SEC. 202. TEACHER RECRUITMENT AND RETENTION.

    The Secretary is authorized to approve modifications to the 
requirements for Teacher Quality Partnership Grants under part A of 
title II of the Higher Education Act of 1965 (20 U.S.C. 1022 et seq.), 
at the request of the grantee--
            (1) to assist States and local educational agencies to 
        recruit and retain highly qualified teachers in a school 
        district located in a disaster area in which a presidentially 
        declared disaster has been declared; and
            (2) to assist institutions of higher education, located in 
        such area, to recruit and retain faculty necessary to prepare 
        teachers and provide professional development.

SEC. 203. AUTHORIZED USES OF TRIO, GEAR-UP, PART A OR B OF TITLE III, 
              AND OTHER GRANTS.

    (a) Modifications of Allowable Use of Funds.--The Secretary is 
authorized to modify the required and allowable uses of funds under 
chapters 1 and 2 of subpart 2 of part A of title IV of the Higher 
Education Act of 1965 (20 U.S.C. 1070a-11 et seq., 1070a-21 et seq.), 
under part A or B of title III of such Act (20 U.S.C. 1057 et seq., 
1060 et seq.), and under any other competitive grant program, at the 
request of an affected institution or other grantee, with respect to 
affected institutions and other grantees located in a disaster area in 
which a presidentially declared disaster has been declared.
    (b) Prohibition Against New Authorization of Construction, 
Renovation, or Improvement of Facilities.--The Secretary may not, under 
the authority of this section, authorize any new construction, 
renovation, or improvement of classrooms, libraries, laboratories, or 
other instructional facilities that is not authorized under the 
institution's grant award under part A or B of title III, or under part 
A or B of title V, of the Higher Education Act of 1965 (20 U.S.C. 1057 
et seq., 1060 et seq., 1101 et seq., 1102 et seq.).

SEC. 204. FINANCIAL AID.

    (a) In General.--The Secretary may authorize financial aid 
administrators to make an adjustment, in accordance with section 
479A(a) of the Higher Education Act of 1965 (20 U.S.C. 1087tt(a)), with 
respect to the calculation of the expected student or parent 
contribution for an affected student, or for a student or a parent 
who--
            (1) resides or is employed in a disaster area in which a 
        presidentially declared disaster has been declared; or
            (2) resided or was employed in a disaster area in which a 
        presidentially declared disaster was declared on the date of 
        the occurrence of the presidentially declared disaster.
    (b) Adequate Documentation.--A financial aid administrator shall 
adequately document the need for the adjustment.

SEC. 205. EXPANDING INFORMATION DISSEMINATION REGARDING ELIGIBILITY FOR 
              FEDERAL PELL GRANTS.

    (a) In General.--The Secretary shall make special efforts, in 
conjunction with State efforts, to notify affected students and, if 
applicable, their parents or guardians who qualify for means-tested 
Federal benefit programs, of their potential eligibility for a maximum 
Federal Pell Grant, and shall disseminate such informational materials 
as the Secretary determines appropriate.
    (b) Means-Tested Federal Benefit Program.--For the purpose of this 
section, the term ``means-tested Federal benefit program'' means a 
mandatory spending program of the Federal Government, other than a 
program under the Higher Education Act of 1965 (20 U.S.C. 1001 et 
seq.), in which eligibility for the program's benefits, or the amount 
of such benefits, are determined on the basis of income or resources of 
the individual or family seeking the benefit, and may include such 
programs as the supplemental security income program under title XVI of 
the Social Security Act (42 U.S.C. 1381 et seq.), the supplemental 
nutrition assistance program established under the Food and Nutrition 
Act of 2008 (7 U.S.C. 2011 et seq.), the school lunch program 
established under the Richard B. Russell National School Lunch Act (42 
U.S.C. 1751 et seq.), the temporary assistance for needy families 
program established under part A of title IV of the Social Security Act 
(42 U.S.C. 601 et seq.), and the special supplemental nutrition program 
for women, infants, and children established by section 17 of the Child 
Nutrition Act of 1966 (42 U.S.C. 1786), and other programs identified 
by the Secretary.

SEC. 206. PROCEDURES.

    (a) Regulatory Requirements Inapplicable.--Sections 482(c) and 492 
of the Higher Education Act of 1965 (20 U.S.C. 1089(c), 1098a), section 
437 of the General Education Provisions Act (20 U.S.C. 1232), and 
section 553 of title 5, United States Code, shall not apply to this 
title.
    (b) Notice of Waivers, Modifications, or Extensions.--
Notwithstanding section 437 of the General Education Provisions Act (20 
U.S.C. 1232) and section 553 of title 5, United States Code, the 
Secretary shall make publicly available the waivers, modifications, or 
extensions granted under this title.
    (c) Case-by-Case Basis.--The Secretary is not required to exercise 
any waiver or modification authority under this title on a case-by-case 
basis.
    (d) Report.--The Secretary shall, not later than 1 year after 
granting any waiver or modification authorized under this section, 
submit a report to the Committee on Health, Education, Labor, and 
Pensions of the Senate and the Committee on Education and Labor of the 
House of Representatives describing the waivers or modifications 
granted.

SEC. 207. DEFINITIONS.

    In this title:
            (1) Affected individual.--The term ``affected individual'' 
        means an individual who has applied for or received student 
        financial assistance under title IV of the Higher Education Act 
        of 1965, and--
                    (A) who is an affected student; or
                    (B) whose primary place of employment or residency 
                is in a disaster area in which a presidentially 
                declared disaster has been declared.
            (2) Affected institution.--
                    (A) In general.--The term ``affected institution'' 
                means an institution of higher education that--
                            (i) is located in a disaster area in which 
                        a presidentially declared disaster has been 
                        declared; and
                            (ii) has temporarily ceased operations as a 
                        consequence of a presidentially declared 
                        disaster, as determined by the Secretary.
                    (B) Length of time.--In determining eligibility for 
                assistance under this title, the Secretary, using 
                consistent, objective criteria, shall determine the 
                time period for which an institution of higher 
                education is an affected institution.
                    (C) Special rule.--An organizational unit of an 
                affected institution that is not impacted by the 
                disaster that is the subject of a presidentially 
                declared disaster may not be considered as part of such 
                affected institution for purposes of receiving 
                assistance under this title.
            (3) Affected student.--The term ``affected student'' means 
        an individual who was enrolled or accepted for enrollment at an 
        affected institution on the date of the occurrence of the 
        presidentially declared disaster affecting such institution.
            (4) Institution of higher education.--The term 
        ``institution of higher education''--
                    (A) has the meaning given the term in section 101 
                of the Higher Education Act of 1965 (20 U.S.C. 1001); 
                and
                    (B) means an institution described in subparagraph 
                (A) or (B) of section 102(a)(1) of such Act (20 U.S.C. 
                1002(a)(1) (A), (B)).

  TITLE III--PREKINDERGARTEN STUDENTS, SCHOOLS, AND CHILD CARE CENTERS

SEC. 301. AGREEMENTS TO EXTEND CERTAIN DEADLINES OF THE INDIVIDUALS 
              WITH DISABILITIES EDUCATION ACT TO FACILITATE THE 
              PROVISION OF EDUCATIONAL SERVICES TO CHILDREN WITH 
              DISABILITIES.

    (a) Authority.--The Secretary may enter into an agreement described 
in subsection (b) with an eligible entity to extend certain deadlines 
under the Individuals with Disabilities Education Act related to 
providing special education and related services, including early 
intervention services, to individuals adversely affected by a 
presidentially declared disaster.
    (b) Terms of Agreements.--An agreement referred to in subsection 
(a) is an agreement with an eligible entity made in accordance with 
subsection (e) that may extend the applicable deadlines under 1 or more 
of the following sections:
            (1) Section 611(e)(3)(C)(ii) of the Individuals with 
        Disabilities Education Act (20 U.S.C. 1411(e)(3)(C)(ii)), by 
        extending for not more than an additional 60 days, the 90 day 
        deadline for developing a State plan for the high cost fund.
            (2) Section 611(e)(3)(C)(iii) of the Individuals with 
        Disabilities Education Act (20 U.S.C. 1411(e)(3)(C)(iii)), by 
        extending for not more than an additional 60 days, the 30 day 
        deadline for public availability of the final State plan.
            (3) Section 612(a)(15)(C) of such Act (20 U.S.C. 
        1412(a)(15)(C)), by extending for not more than an additional 
        60 days, the deadline for submission of the annual report to 
        the Secretary and the public regarding the progress of the 
        State and of children with disabilities in the State toward 
        meeting the performance goals established under section 
        612(a)(15)(A) of such Act (20 U.S.C. 1412(a)(15)(A)).
            (4) Section 612(a)(16)(D) of such Act (20 U.S.C. 
        1412(a)(16)(D)), by extending for not more than an additional 
        60 days, the deadline for making available reports regarding 
        the participation in assessments and the performance on such 
        assessments of children with disabilities, but only if the 
        eligible entity provides a justification for similarly 
        extending the deadline for such reports concerning children 
        without disabilities.
            (5) Section 614(a)(1)(C)(i)(I) of such Act (20 U.S.C. 
        1414(a)(1)(C)(i)(I)), by extending for not more than an 
        additional 30 days--
                    (A) the 60 day deadline for the initial evaluation 
                to determine whether a child is a child with a 
                disability for purposes of the provision of special 
                education and related services to such child; or
                    (B) the State timeframe described in such section 
                for such evaluation.
            (6) Section 616(b)(2)(C)(ii)(II) of such Act (20 U.S.C. 
        1416(b)(2)(C))(ii)(II)), by extending for not more than an 
        additional 60 days, the deadline for reporting to the Secretary 
        on the performance of the State under the State's performance 
        plan.
            (7) Section 641(e)(1)(D) of such Act (20 U.S.C. 
        1441(e)(1)(D)), by extending for not more than an additional 60 
        days, the deadline for submission to the Governor of a State 
        and the Secretary of the report on the status of early 
        intervention programs for infants and toddlers with 
        disabilities and their families operated within the State.
    (c) Rule of Construction.--Nothing in this section shall be 
construed--
            (1) as permitting the waiver of--
                    (A) any applicable Federal civil rights law;
                    (B) any student or family privacy protections, 
                including provisions requiring parental consent for 
                evaluations and services;
                    (C) any procedural safeguards required under 
                section 615 or section 639 of the Individuals with 
                Disabilities Education Act (20 U.S.C. 1415, 1439); or
                    (D) any requirements not specified in subsection 
                (b); or
            (2) as removing the obligation of the eligible entity to 
        provide a child with a disability or an infant or toddler with 
        a disability and their families--
                    (A) a free appropriate public education under part 
                B of the Individuals with Disabilities Education Act; 
                or
                    (B) early intervention services under part C of 
                such Act (20 U.S.C. 1431 et seq.).
    (d) Duration of Agreement.--An agreement under this section shall 
terminate at the conclusion of the impacted school year.
    (e) Request To Enter Into Agreement.--To enter into an agreement 
under this section, an eligible entity shall submit a request to the 
Secretary at such time, in such manner, and containing such information 
as the Secretary may require.

SEC. 302. HEAD START AND CHILD CARE AND DEVELOPMENT BLOCK GRANT.

    (a) Head Start.--
            (1) Technical assistance, guidance, and resources.--From 
        the amount made available for Head Start in this Act, the 
        Secretary of Health and Human Services shall provide training 
        and technical assistance, guidance, and resources through the 
        appropriate regional offices of the Administration for Children 
        and Families (and may provide training and technical 
        assistance, guidance, and resources through other regional 
        offices of the Administration, at the request of such offices 
        that administer affected Head Start agencies and Early Head 
        Start entities) to Head Start agencies and Early Head Start 
        entities in disaster areas in which a presidentially declared 
        disaster has been declared, and to affected Head Start agencies 
        and Early Head Start entities, to assist the agencies and 
        entities involved to address the mental and physical health 
        needs of infants, toddlers, and young children affected by a 
        presidentially declared disaster. Such training and technical 
        assistance may be provided by contract or cooperative agreement 
        with qualified national, regional, or local providers.
            (2) Waiver.--For such period of not longer than 1 year 
        after the date of the occurrence of a presidentially declared 
        disaster, and to such extent as the Secretary considers 
        appropriate, the Secretary of Health and Human Services--
                    (A) may waive section 640(b) of the Head Start Act 
                (42 U.S.C. 9835(b)) for Head Start agencies located in 
                a disaster area in which a presidentially declared 
                disaster has been declared, and other affected Head 
                Start agencies and Early Head Start entities; and
                    (B) shall waive requirements of documentation for 
                individuals adversely affected by a presidentially 
                declared disaster who participate in a Head Start 
                program or an Early Head Start program funded under the 
                Head Start Act (42 U.S.C. 9831 et seq.).
    (b) Child Care and Development Block Grant.--
            (1) Child care and development block grant act of 1990.--
        For such period of not longer than 1 year after the date of the 
        occurrence of a presidentially declared disaster, and to such 
        extent as the Secretary considers to be appropriate, the 
        Secretary of Health and Human Services may waive, for any 
        affected State, and any State serving significant numbers of 
        individuals adversely affected by a presidentially declared 
        disaster, provisions of the Child Care and Development Block 
        Grant Act of 1990 (42 U.S.C. 9858 et seq.)--
                    (A) relating to Federal income limitations on 
                eligibility to receive child care services for which 
                assistance is provided under such Act;
                    (B) relating to work requirements applicable to 
                eligibility to receive child care services for which 
                assistance is provided under such Act;
                    (C) relating to limitations on the use of funds 
                under section 658G of such Act (42 U.S.C. 9858e);
                    (D) preventing children designated as evacuees from 
                receiving priority for child care services provided 
                under such Act, except that children residing in a 
                State and currently receiving services shall not lose 
                such services to accommodate evacuee children; and
                    (E) relating to any non-Federal or capital 
                contribution required (including copayment or other 
                cost sharing by parents receiving child care 
                assistance) to match Federal funds provided under 
                programs administered by the Secretary of Health and 
                Human Services.
            (2) Technical assistance and guidance.--The Secretary may 
        provide assistance to States for the purpose of providing 
        training, technical assistance, and guidance to eligible child 
        care providers (as defined in section 658P of the Child Care 
        and Development Block Grant Act of 1990 (42 U.S.C. 9858n)) who 
        are licensed and regulated, as applicable, by the States, to 
        enable such providers to provide child care services for 
        children and families described in paragraph (1). Such training 
        and technical assistance may be provided through intermediary 
        organizations, including those with demonstrated experience in 
        providing training and technical assistance to programs serving 
        school-age children up to age 13, involved in reinstituting 
        child care services on a broad scale in disaster areas in which 
        a presidentially declared disaster has been declared.

SEC. 303. DEFINITIONS.

    In this title:
            (1) Affected head start agencies and early head start 
        entities.--The term ``affected Head Start agencies and Early 
        Head Start entities'' means a Head Start agency receiving a 
        significant number of children from a disaster area in which a 
        presidentially declared disaster has been declared.
            (2) Affected state.--The term ``affected State'' means a 
        State affected by a presidentially declared disaster.
            (3) Child with a disability.--The term ``child with a 
        disability'' has the meaning given such term in section 602(3) 
        of the Individuals with Disabilities Education Act (20 U.S.C. 
        1401(3)).
            (4) Eligible entity.--The term ``eligible entity'' means--
                    (A) a local educational agency (as defined in 
                section 602(19) of the Individuals with Disabilities 
                Education Act (20 U.S.C. 1401(19)) if such agency 
                serves a disaster area in which a presidentially 
                declared disaster has been declared;
                    (B) a State educational agency (as defined in 
                section 602(32) of such Act (20 U.S.C. 1401(32)) if 
                such agency serves a disaster area in which a 
                presidentially declared disaster has been declared; or
                    (C) a State interagency coordinating council 
                established under section 641 of such Act (20 U.S.C. 
                1441) if such council serves a disaster area in which a 
                presidentially declared disaster has been declared.
            (5) Individual adversely affected by a presidentially 
        declared disaster.--The term ``individual adversely affected by 
        a presidentially declared disaster'' means an individual who, 
        on the date of the occurrence of a presidentially declared 
        disaster, was living, working, or attending school in such 
        disaster area.
            (6) Infant or toddler with a disability.--The term ``infant 
        or toddler with a disability'' has the meaning given such term 
        in section 632(5) of the Individuals with Disabilities 
        Education Act (20 U.S.C. 1432(5)).

          TITLE IV--EMERGENCY PLANNING FOR CHILD CARE CENTERS

SEC. 401. DISASTER PLANS.

    Each State that receives funds under the Child Care and Development 
Block Grant Act of 1990 (42 U.S.C. 9858 et seq.) shall develop a 
disaster plan, as recommended by the National Commission on Children 
and Disasters, that includes guidelines for evacuation, reunification, 
temporary operating standards, and special needs populations.

SEC. 402. ADDRESSING CHILD CARE SERVICES AND FACILITIES.

    The Administrator of the Federal Emergency Management Agency shall 
encourage States and local governments to address child care services 
and facilities in the State and local governments' response and 
recovery plans, exercises, and training, as recommended by the National 
Commission on Children and Disasters.

               TITLE V--HEALTH CARE SERVICES FOR CHILDREN

SEC. 501. MEDICAID AND CHIP DISASTER GUIDANCE.

    (a) Guidance to States.--Not later than 1 year after the date of 
enactment of this Act, the Secretary of Health and Human Services shall 
provide guidance to Directors of State Medicaid programs established 
under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) and 
to Directors of State Children's Health Insurance Programs (commonly 
referred to as ``CHIP'') established under title XXI of that Act (42 
U.S.C. 1397aa et seq.) regarding the requirements under section 
1902(a)(16) of the Social Security Act (42 U.S.C. 1396a(a)(16)), 
relating to the furnishing of medical assistance to individuals who are 
residents of the State but are absent therefrom, and the application of 
such requirements to CHIP programs under subparagraph (B) of section 
2107(e)(1) of such Act (42 U.S.C. 1397gg(e)(1) (as added by subsection 
(d))).
    (b) State Guidance to Providers.--Based on the guidance provided 
pursuant to subsection (a), each State, as a condition of receipt of 
Federal payments under section 1903(a) of the Social Security Act (42 
U.S.C. 1396b(a)), shall develop and disseminate to providers of items 
and services for which payment is available under the State's Medicaid 
or CHIP program, disaster guidance for such providers to ensure 
continued access to health care items and services under the Medicaid 
and CHIP programs for low-income children affected by a major disaster 
and displaced from their home State. Such guidance shall be entitled 
``Disaster Guidance for Medicaid and CHIP Providers'' and shall include 
a description of the procedures established by the State to facilitate 
the furnishing of health care services to children (as defined for 
purposes of the State Medicaid and CHIP programs, respectively) who are 
present in the State and are eligible for medical assistance under the 
Medicaid program of another State or child health assistance under the 
CHIP program of another State. To the extent practicable, the guidance 
developed and disseminated pursuant to this subsection shall include 
the model process for the coordination of the enrollment, retention, 
and coverage under such programs of children who, because of migration 
of families, emergency evacuations, natural or other disasters, public 
health emergencies, educational needs, or otherwise, frequently change 
their State of residency or otherwise are temporarily located outside 
of the State of their residency required by section 213 of the 
Children's Health Insurance Program Reauthorization Act of 2009 (42 
U.S.C. 1396 note).
    (c) Report to Congress.--Not later than 6 months after the date on 
which every State with a Medicaid or CHIP program has developed the 
Disaster Guidance for Medicaid and CHIP Providers required under 
subsection (b), the Secretary of Health and Human Services shall submit 
to Congress a report on the guidance developed by States for providers 
under such programs, including information regarding the State 
procedures in effect to facilitate the furnishing of health care 
services to children who are present in the State and are eligible for 
medical assistance under the Medicaid program of another State or child 
health assistance under the CHIP program of another State.
    (d) Conforming Amendments.--Section 2107(e)(1) of the Social 
Security Act (42 U.S.C. 1397gg(e)(1)), is amended--
            (1) by redesignating subparagraphs (B) through (L) as 
        subparagraphs (C) through (M), respectively; and
            (2) by inserting after subparagraph (A), the following:
                    ``(B) Section 1902(a)(16) (relating to the 
                furnishing of medical assistance to individuals who are 
                residents of the State but are absent therefrom).''.
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